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[115th Congress Public Law 141]
[From the U.S. Government Publishing Office]

[[Page 347]]

                  CONSOLIDATED APPROPRIATIONS ACT, 2018

[[Page 132 STAT. 348]]

Public Law 115-141
115th Congress

                                 An Act

 
 To amend the State Department Basic Authorities Act of 1956 to include 
    severe forms of trafficking in persons within the definition of 
transnational organized crime for purposes of the rewards program of the 
     Department of State, and for other purposes. <<NOTE: Mar. 23, 
                         2018 -  [H.R. 1625]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Consolidated 
Appropriations Act, 2018.>> 

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.

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

Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions

      DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2018

Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018

Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations

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

Title I--Corps of Engineers--Civil

[[Page 132 STAT. 349]]

Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions

  DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                                ACT, 2018

Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to 
           the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia

  DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2018

Title I--Departmental Management, Operations, Intelligence, and 
           Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions

    DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2018

Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions

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

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions

         DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018

Title I--Legislative Branch
Title II--General Provisions

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

Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--General Provisions

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

Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations/Global War on Terrorism

 DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2018

Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act

[[Page 132 STAT. 350]]

                         DIVISION M--EXTENSIONS

Title I--Airport and Airway Extension
Title II--Immigration Extensions
Title III--National Flood Insurance Program Extension
Title IV--Pesticide Registration Improvement Act Extension
Title V--Generalized System of Preferences
Title VI--Judicial Redaction Authority Extension
Title VII--Budgetary Effects

                          DIVISION N--BUILD ACT

     DIVISION O--WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT 
                             ACTIVITIES ACT

                   DIVISION P--RAY BAUM'S ACT OF 2018

                   DIVISION Q--KEVIN AND AVONTE'S LAW

                         DIVISION R--TARGET ACT

                        DIVISION S--OTHER MATTER

Title I--Child Protection Improvements Act
Title II--Save America's Pastime Act
Title III--Keep Young Athletes Safe Act
Title IV--Consent of Congress to Amendments to the Constitution of the 
           State of Arizona
Title V--Stop School Violence Act
Title VI--Fix NICS Act
Title VII--State Sexual Risk Avoidance Education Program
Title VIII--Small Business Credit Availability Act
Title IX--Small Business Access to Capital After a Natural Disaster Act
Title X--Taylor Force Act
Title XI--FARM Act
Title XII--Tipped Employees
Title XIII--Revisions to Pass-Through Period and Payment Rules

                     DIVISION T--REVENUE PROVISIONS

                  DIVISION U--TAX TECHNICAL CORRECTIONS

                          DIVISION V--CLOUD ACT

SEC. 3. <<NOTE: 1 USC 1 note.>>  REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

SEC. 4. EXPLANATORY STATEMENT.

    The explanatory statement regarding this Act, printed in the House 
section of the Congressional Record on or about March 22, 2018, and 
submitted by the Chairman of the Committee on Appropriations of the 
House, shall have the same effect with respect to the allocation of 
funds and implementation of divisions A through L of this Act as if it 
were a joint explanatory statement of a committee of conference.

SEC. 5. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2018.

SEC. 6. AVAILABILITY OF FUNDS.

    Each amount designated in this Act by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 shall be available (or rescinded, if applicable) only if the 
President subsequently so designates all such amounts and transmits such 
designations to the Congress.

[[Page 132 STAT. 351]]

SEC. 7. <<NOTE: 2 USC 4501 note.>>  ADJUSTMENTS TO COMPENSATION.

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

     DIVISION <<NOTE: Agriculture, Rural Development, Food and Drug 
  Administration, and Related Agencies Appropriations Act, 2018.>>  A--
   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
RELATED AGENCIES APPROPRIATIONS ACT, 2018

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                   Processing, Research and Marketing

                         Office of the Secretary

                     (including transfers of funds)

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

[[Page 132 STAT. 352]]

provided for, as determined by the Secretary:  Provided further, That 
the amount made available under this heading for Departmental 
Administration shall be reimbursed from applicable appropriations in 
this Act for travel expenses incident to the holding of hearings as 
required by 5 U.S.C. 551-558:  Provided further, That funds made 
available under this heading for the Office of the Assistant Secretary 
for Congressional Relations may be transferred to agencies of the 
Department of Agriculture funded by this Act to maintain personnel at 
the agency level:  Provided further, That no funds made available under 
this heading for the Office of Assistant Secretary for Congressional 
Relations may be obligated after 30 days from the date of enactment of 
this Act, unless the Secretary has notified the Committees on 
Appropriations of both Houses of Congress on the allocation of these 
funds by USDA agency.

                          Executive Operations

                      office of the chief economist

    For necessary expenses of the Office of the Chief Economist, 
$19,786,000, of which $4,000,000 shall be for grants or cooperative 
agreements for policy research under 7 U.S.C. 3155.

                     office of hearings and appeals

    For necessary expenses of the Office of Hearings and Appeals, 
$15,222,000.

                  office of budget and program analysis

    For necessary expenses of the Office of Budget and Program Analysis, 
$9,525,000.

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $58,950,000, of which not less than $33,000,000 is for 
cybersecurity requirements of the department.

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
$6,028,000.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $901,000:  Provided, That funds made available by this Act 
to an agency in the Civil Rights mission area for salaries and expenses 
are available to fund up to one administrative support staff for the 
Office.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $24,206,000.

[[Page 132 STAT. 353]]

                  Agriculture Buildings and Facilities

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 121, for programs and activities of the 
Department which are included in this Act, and for alterations and other 
actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and for 
related costs, $64,414,000, to remain available until expended.

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and 
Recovery Act (42 U.S.C. 6901 et seq.), $3,503,000, to remain available 
until expended:  Provided, That appropriations and funds available 
herein to the Department for Hazardous Materials Management may be 
transferred to any agency of the Department for its use in meeting all 
requirements pursuant to the above Acts on Federal and non-Federal 
lands.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General, including 
employment pursuant to the Inspector General Act of 1978 (Public Law 95-
452; 5 U.S.C. App.), $98,208,000, including such sums as may be 
necessary for contracting and other arrangements with public agencies 
and private persons pursuant to section 6(a)(9) of the Inspector General 
Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and including not to 
exceed $125,000 for certain confidential operational expenses, including 
the payment of informants, to be expended under the direction of the 
Inspector General pursuant to the Inspector General Act of 1978 (Public 
Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food 
Act of 1981 (Public Law 97-98).

                      Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$44,546,000.

                            Office of Ethics

    For necessary expenses of the Office of Ethics, $4,136,000.

  Office of the Under Secretary for Research, Education, and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education, and Economics, $800,000:  Provided, That

[[Page 132 STAT. 354]]

funds made available by this Act to an agency in the Research, 
Education, and Economics mission area for salaries and expenses are 
available to fund up to one administrative support staff for the Office.

                        Economic Research Service

    For necessary expenses of the Economic Research Service, 
$86,757,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service, $191,717,000, of which up to $63,350,000 shall be available 
until expended for the Census of Agriculture:  Provided, That amounts 
made available for the Census of Agriculture may be used to conduct 
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).

                      Agricultural Research Service

                          salaries and expenses

    For necessary expenses of the Agricultural Research Service and for 
acquisition of lands by donation, exchange, or purchase at a nominal 
cost not to exceed $100, and for land exchanges where the lands 
exchanged shall be of equal value or shall be equalized by a payment of 
money to the grantor which shall not exceed 25 percent of the total 
value of the land or interests transferred out of Federal ownership, 
$1,202,766,000: <<NOTE: 7 USC 2254.>>   Provided, That appropriations 
hereunder shall be available for the operation and maintenance of 
aircraft and the purchase of not to exceed one for replacement only:  
Provided further, That appropriations hereunder shall be available 
pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair 
of buildings and improvements, but unless otherwise provided, the cost 
of constructing any one building shall not exceed $500,000, except for 
headhouses or greenhouses which shall each be limited to $1,800,000, 
except for 10 buildings to be constructed or improved at a cost not to 
exceed $1,100,000 each, and except for two buildings to be constructed 
at a cost not to exceed $3,000,000 each, and the cost of altering any 
one building during the fiscal year shall not exceed 10 percent of the 
current replacement value of the building or $500,000, whichever is 
greater:  Provided further, That appropriations hereunder shall be 
available for entering into lease agreements at any Agricultural 
Research Service location for the construction of a research facility by 
a non-Federal entity for use by the Agricultural Research Service and a 
condition of the lease shall be that any facility shall be owned, 
operated, and maintained by the non-Federal entity and shall be removed 
upon the expiration or termination of the lease agreement:  Provided 
further, That the limitations on alterations contained in this Act shall 
not apply to modernization or replacement of existing facilities at 
Beltsville, Maryland:  Provided further, That appropriations hereunder 
shall be available for granting easements at the Beltsville Agricultural 
Research Center:  Provided further, That the foregoing limitations shall 
not apply to replacement of buildings needed to carry out the Act of 
April 24, 1948 (21 U.S.C. 113a):  Provided further, That appropriations 
hereunder

[[Page 132 STAT. 355]]

shall be available for granting easements at any Agricultural Research 
Service location for the construction of a research facility by a non-
Federal entity for use by, and acceptable to, the Agricultural Research 
Service and a condition of the easements shall be that upon completion 
the facility shall be accepted by the Secretary, subject to the 
availability of funds herein, if the Secretary finds that acceptance of 
the facility is in the interest of the United States:  Provided further, 
That funds may be received from any State, other political subdivision, 
organization, or individual for the purpose of establishing or operating 
any research facility or research project of the Agricultural Research 
Service, as authorized by law.

                        buildings and facilities

    For the acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $140,600,000 to 
remain available until expended.

               National Institute of Food and Agriculture

                    research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$887,171,000, which shall be for the purposes, and in the amounts, 
specified in the table titled ``National Institute of Food and 
Agriculture, Research and Education Activities'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided, That funds for research grants for 
1994 institutions, education grants for 1890 institutions, capacity 
building for non-land-grant colleges of agriculture, the agriculture and 
food research initiative, veterinary medicine loan repayment, 
multicultural scholars, graduate fellowship and institution challenge 
grants, and grants management systems shall remain available until 
expended:  Provided further, That each institution eligible to receive 
funds under the Evans-Allen program receives no less than $1,000,000:  
Provided further, That funds for education grants for Alaska Native and 
Native Hawaiian-serving institutions be made available to individual 
eligible institutions or consortia of eligible institutions with funds 
awarded equally to each of the States of Alaska and Hawaii:  Provided 
further, That funds for education grants for 1890 institutions shall be 
made available to institutions eligible to receive funds under 7 U.S.C. 
3221 and 3222:  Provided further, That not more than 5 percent of the 
amounts made available by this or any other Act to carry out the 
Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) may be 
retained by the Secretary of Agriculture to pay administrative costs 
incurred by the Secretary in carrying out that authority.

               native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available 
until expended.

[[Page 132 STAT. 356]]

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, the Northern Marianas, and American 
Samoa, $483,626,000, which shall be for the purposes, and in the 
amounts, specified in the table titled ``National Institute of Food and 
Agriculture, Extension Activities'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act):  Provided, That funds for facility improvements at 
1890 institutions shall remain available until expended:  Provided 
further, That institutions eligible to receive funds under 7 U.S.C. 3221 
for cooperative extension receive no less than $1,000,000:  Provided 
further, That funds for cooperative extension under sections 3(b) and 
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) 
of Public Law 93-471 shall be available for retirement and employees' 
compensation costs for extension agents.

                          integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $37,000,000, 
which shall be for the purposes, and in the amounts, specified in the 
table titled ``National Institute of Food and Agriculture, Integrated 
Activities'' in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided, That 
funds for the Food and Agriculture Defense Initiative shall remain 
available until September 30, 2019:  Provided further, That 
notwithstanding any other provision of law, indirect costs shall not be 
charged against any Extension Implementation Program Area grant awarded 
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).

   Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs, $901,000:  Provided, That funds made 
available by this Act to an agency in the Marketing and Regulatory 
Programs mission area for salaries and expenses are available to fund up 
to one administrative support staff for the Office.

               Animal and Plant Health Inspection Service

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Animal and Plant Health Inspection 
Service, including up to $30,000 for representation allowances and for 
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), 
$981,893,000, of which $470,000, to remain available until expended, 
shall be available for the control of outbreaks of insects, plant 
diseases, animal diseases and for control of pest animals and birds 
(``contingency fund'') to the extent necessary to meet emergency 
conditions; of which $11,520,000, to remain available until expended, 
shall be used for the cotton pests program

[[Page 132 STAT. 357]]

for cost share purposes or for debt retirement for active eradication 
zones; of which $37,857,000, to remain available until expended, shall 
be for Animal Health Technical Services; of which $705,000 shall be for 
activities under the authority of the Horse Protection Act of 1970, as 
amended (15 U.S.C. 1831); of which $62,840,000, to remain available 
until expended, shall be used to support avian health; of which 
$4,251,000, to remain available until expended, shall be for information 
technology infrastructure; of which $178,170,000, to remain available 
until expended, shall be for specialty crop pests; of which, $9,326,000, 
to remain available until expended, shall be for field crop and 
rangeland ecosystem pests; of which $16,523,000, to remain available 
until expended, shall be for zoonotic disease management; of which 
$40,966,000, to remain available until expended, shall be for emergency 
preparedness and response; of which $56,000,000, to remain available 
until expended, shall be for tree and wood pests; of which $5,725,000, 
to remain available until expended, shall be for the National Veterinary 
Stockpile; of which up to $1,500,000, to remain available until 
expended, shall be for the scrapie program for indemnities; of which 
$2,500,000, to remain available until expended, shall be for the 
wildlife damage management program for aviation safety:  Provided, That 
of amounts available under this heading for wildlife services methods 
development, $1,000,000 shall remain available until expended:  Provided 
further, That of amounts available under this heading for the screwworm 
program, $4,990,000 shall remain available until expended; of which 
$3,000,000, to remain available until expended, shall be for National 
Bio and Agro-Defense human capital development:  Provided further, That 
no funds shall be used to formulate or administer a brucellosis 
eradication program for the current fiscal year that does not require 
minimum matching by the States of at least 40 percent:  Provided 
further, That this appropriation shall be available for the operation 
and maintenance of aircraft and the purchase of not to exceed five, of 
which two shall be for replacement only:  Provided further, That in 
addition, in emergencies which threaten any segment of the agricultural 
production industry of the United States, the Secretary may transfer 
from other appropriations or funds available to the agencies or 
corporations of the Department such sums as may be deemed necessary, to 
be available only in such emergencies for the arrest and eradication of 
contagious or infectious disease or pests of animals, poultry, or 
plants, and for expenses in accordance with sections 10411 and 10417 of 
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and 
any unexpended balances of funds transferred for such emergency purposes 
in the preceding fiscal year shall be merged with such transferred 
amounts:  Provided further, That appropriations hereunder shall be 
available pursuant to law (7 U.S.C. 2250) for the repair and alteration 
of leased buildings and improvements, but unless otherwise provided the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building.
    In fiscal year 2018, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic and 
international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any

[[Page 132 STAT. 358]]

entity's liability for such fees is reasonably based on the technical 
assistance, goods, or services provided to the entity by the agency, and 
such fees shall be reimbursed to this account, to remain available until 
expended, without further appropriation, for providing such assistance, 
goods, or services.

                        buildings and facilities

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses of the Agricultural Marketing Service, 
$151,595,000, of which $3,000,000 shall be available for the purposes of 
section 12306 of Public Law 113-79:  Provided, That this appropriation 
shall be available pursuant to law (7 U.S.C. 2250) for the alteration 
and repair of buildings and improvements, but the cost of altering any 
one building during the fiscal year shall not exceed 10 percent of the 
current replacement value of the building.
    Fees may be collected for the cost of standardization activities, as 
established by regulation pursuant to law (31 U.S.C. 9701).

                  limitation on administrative expenses

    Not to exceed $61,227,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses:  Provided, 
That if crop size is understated and/or other uncontrollable events 
occur, the agency may exceed this limitation by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, except for: 
(1) transfers to the Department of Commerce as authorized by the Fish 
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers 
otherwise provided in this Act; and (3) not more than $20,705,000 for 
formulation and administration of marketing agreements and orders 
pursuant to the Agricultural Marketing Agreement Act of 1937 and the 
Agricultural Act of 1961 (Public Law 87-128).

[[Page 132 STAT. 359]]

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,235,000.

         limitation on inspection and weighing services expenses

    Not to exceed $55,000,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services:  
Provided, That if grain export activities require additional supervision 
and oversight, or other uncontrollable factors occur, this limitation 
may be exceeded by up to 10 percent with notification to the Committees 
on Appropriations of both Houses of Congress.

              Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for Food 
Safety, $800,000:  Provided, That funds made available by this Act to an 
agency in the Food Safety mission area for salaries and expenses are 
available to fund up to one administrative support staff for the Office.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $1,056,844,000; and in 
addition, $1,000,000 may be credited to this account from fees collected 
for the cost of laboratory accreditation as authorized by section 1327 
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 
138f):  Provided, That funds provided for the Public Health Data 
Communication Infrastructure system shall remain available until 
expended:  Provided further, That no fewer than 148 full-time equivalent 
positions shall be employed during fiscal year 2018 for purposes 
dedicated solely to inspections and enforcement related to the Humane 
Methods of Slaughter Act (7 U.S.C. 1901 et seq.):  Provided further, 
That not later than 180 days after the date of enactment of this Act, 
the Food Safety and Inspection Service shall issue equivalence 
determinations for all countries wishing to continue exporting 
Siluriformes to the United States:  Provided further, That unless the 
requirements pursuant to the previous proviso have been met, thereafter, 
none of the funds made available by this or any other Act may be used to 
inspect, at point of entry, Siluriformes from countries exporting to the 
United States until all requirements under section 557.2 of title 9, 
Code of Federal Regulations have been met and a final determination of 
equivalence final rule has been published in the Federal Register adding 
such countries to the list under section 327.2 of title 9, Code of 
Federal Regulations:  Provided further, That of the funds made available 
under this heading, $7,500,000 shall remain available until expended for 
public health veterinarian recruitment and retention incentives:  
Provided further, That this appropriation shall be available pursuant to 
law (7 U.S.C. 2250) for the alteration and repair of buildings and

[[Page 132 STAT. 360]]

improvements, but the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement value 
of the building.

                                TITLE II

                FARM PRODUCTION AND CONSERVATION PROGRAMS

   Office of the Under Secretary for Farm Production and Conservation

    For necessary expenses of the Office of the Under Secretary for Farm 
Production and Conservation, $901,000:  Provided, That funds made 
available by this Act to an agency in the Farm Production and 
Conservation mission area for salaries and expenses are available to 
fund up to one administrative support staff for the Office.

            Farm Production and Conservation Business Center

    For necessary expenses of the Farm Production and Conservation 
Business Center, $1,028,000, to remain available until expended:  
Provided, That $145,000 of amounts appropriated for the current fiscal 
year pursuant to section 1241(a) of the Farm Security and Rural 
Investment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred to and 
merged with this account.

                           Farm Service Agency

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Farm Service Agency, $1,202,146,000:  
Provided, That not more than 50 percent of the $78,013,000 made 
available under this heading for information technology related to farm 
program delivery, including the Modernize and Innovate the Delivery of 
Agricultural Systems and other farm program delivery systems, may be 
obligated until the Secretary submits to the Committees on 
Appropriations of both Houses of Congress, and receives written or 
electronic notification of receipt from such Committees of, a plan for 
expenditure that (1) identifies for each project/investment over $25,000 
(a) the functional and performance capabilities to be delivered and the 
mission benefits to be realized, (b) the estimated lifecycle cost, 
including estimates for development as well as maintenance and 
operations, and (c) key milestones to be met; (2) demonstrates that each 
project/investment is, (a) consistent with the Farm Service Agency 
Information Technology Roadmap, (b) being managed in accordance with 
applicable lifecycle management policies and guidance, and (c) subject 
to the applicable Department's capital planning and investment control 
requirements; and (3) has been reviewed by the Government Accountability 
Office and approved by the Committees on Appropriations of both Houses 
of Congress:  Provided further, That the agency shall submit a report by 
the end of the fourth quarter of fiscal year 2018 to the Committees on 
Appropriations and the Government Accountability Office, that identifies 
for each project/investment that is operational (a) current performance 
against key

[[Page 132 STAT. 361]]

indicators of customer satisfaction, (b) current performance of service 
level agreements or other technical metrics, (c) current performance 
against a pre-established cost baseline, (d) a detailed breakdown of 
current and planned spending on operational enhancements or upgrades, 
and (e) an assessment of whether the investment continues to meet 
business needs as intended as well as alternatives to the investment:  
Provided further, That the Secretary is authorized to use the services, 
facilities, and authorities (but not the funds) of the Commodity Credit 
Corporation to make program payments for all programs administered by 
the Agency:  Provided further, That other funds made available to the 
Agency for authorized activities may be advanced to and merged with this 
account:  Provided further, That funds made available to county 
committees shall remain available until expended:  Provided further, 
That none of the funds available to the Farm Service Agency shall be 
used to close Farm Service Agency county offices:  Provided further, 
That none of the funds available to the Farm Service Agency shall be 
used to permanently relocate county based employees that would result in 
an office with two or fewer employees without prior notification and 
approval of the Committees on Appropriations of both Houses of Congress.

                         state mediation grants

    For grants pursuant to section 502(b) of the Agricultural Credit Act 
of 1987, as amended (7 U.S.C. 5101-5106), $3,904,000.

               grassroots source water protection program

    For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until 
expended.

                         dairy indemnity program

                      (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, such sums as may be necessary, to remain available 
until expended:  Provided, That such program is carried out by the 
Secretary in the same manner as the dairy indemnity program described in 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 
1549A-12).

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), 
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans 
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), 
and Indian highly fractionated land loans (25 U.S.C. 488) to be 
available from funds in the Agricultural

[[Page 132 STAT. 362]]

Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed farm 
ownership loans and $1,500,000,000 for farm ownership direct loans; 
$1,960,000,000 for unsubsidized guaranteed operating loans and 
$1,530,000,000 for direct operating loans; emergency loans, $25,610,000; 
Indian tribe land acquisition loans, $20,000,000; guaranteed 
conservation loans, $150,000,000; Indian highly fractionated land loans, 
$10,000,000; and for boll weevil eradication program loans, $60,000,000: 
 Provided, That the Secretary shall deem the pink bollworm to be a boll 
weevil for the purpose of boll weevil eradication program loans.
    For the cost of direct and guaranteed loans and grants, including 
the cost of modifying loans as defined in section 502 of the 
Congressional Budget Act of 1974, as follows: farm operating loans, 
$61,812,000 for direct operating loans, $21,756,000 for unsubsidized 
guaranteed operating loans, emergency loans, $1,260,000 and $2,272,000 
for Indian highly fractionated land loans to remain available until 
expended.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $325,068,000:  Provided, That of 
this amount, $314,998,000 shall be transferred to and merged with the 
appropriation for ``Farm Service Agency, Salaries and Expenses'', of 
which $8,000,000 shall be available until September 30, 2019.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership, operating and conservation direct 
loans and guaranteed loans may be transferred among these programs:  
Provided, That the Committees on Appropriations of both Houses of 
Congress are notified at least 15 days in advance of any transfer.

                         Risk Management Agency

                          salaries and expenses

    For necessary expenses of the Risk Management Agency, $74,829,000:  
Provided, That not to exceed $1,000 shall be available for official 
reception and representation expenses, as authorized by 7 U.S.C. 
1506(i).

                 Natural Resources Conservation Service

                         conservation operations

    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation 
plans and establishment of measures to conserve soil and water 
(including farm irrigation and land drainage and such special measures 
for soil and water management as may be necessary to prevent floods and 
the siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$874,107,000,

[[Page 132 STAT. 363]]

to remain available until September 30, 2019:  Provided, That 
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 
for construction and improvement of buildings and public improvements at 
plant materials centers, except that the cost of alterations and 
improvements to other buildings and other public improvements shall not 
exceed $250,000:  Provided further, That when buildings or other 
structures are erected on non-Federal land, that the right to use such 
land is obtained as provided in 7 U.S.C. 2250a:  Provided further, That 
of the amounts made available under this heading, $5,600,000, shall 
remain available until expended for the authorities under 16 U.S.C. 
1001-1005 and 1007-1009 for authorized ongoing watershed projects with a 
primary purpose of providing water to rural communities.

                watershed and flood prevention operations

    For necessary expenses to carry out preventive measures, including 
but not limited to surveys and investigations, engineering operations, 
works of improvement, and changes in use of land, in accordance with the 
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 
1007-1009) and in accordance with the provisions of laws relating to the 
activities of the Department, $150,000,000, to remain available until 
expended:  Provided, That for funds provided by this Act or any other 
prior Act, the limitation regarding the size of the watershed or 
subwatershed exceeding two hundred and fifty thousand acres in which 
such activities can be undertaken shall only apply for activities 
undertaken for the primary purpose of flood prevention (including 
structural and land treatment measures):  Provided further, That of the 
amounts made available under this heading, $50,000,000 shall be 
allocated to projects and activities that can commence promptly 
following enactment; that address regional priorities for flood 
prevention, agricultural water management, inefficient irrigation 
systems, fish and wildlife habitat, or watershed protection; or that 
address authorized ongoing projects under the authorities of section 13 
of the Flood Control Act of December 22, 1944 (Public Law 78-534) with a 
primary purpose of watershed protection by preventing floodwater damage 
and stabilizing stream channels, tributaries, and banks to reduce 
erosion and sediment transport.

                    watershed rehabilitation program

    Under the authorities of section 14 of the Watershed Protection and 
Flood Prevention Act, $10,000,000 is provided:  Provided, That of the 
amounts made available under this heading, $5,000,000 shall remain 
available until expended for watershed rehabilitation projects in states 
with high-hazard dams and other watershed structures and that have 
recently incurred flooding events which caused fatalities.

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, and 
to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying

[[Page 132 STAT. 364]]

out the programs set forth in the budget for the current fiscal year for 
such corporation or agency, except as hereinafter provided.

                 Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses

                     (including transfers of funds)

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11):  Provided, That of the funds 
available to the Commodity Credit Corporation under section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business.

                       hazardous waste management

                        (limitation on expenses)

    For the current fiscal year, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and cleanup 
expenses, and operations and maintenance expenses to comply with the 
requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 
6961).

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

                            Rural Development

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of Rural Development programs, including activities with 
institutions concerning the development and operation of agricultural 
cooperatives; and for cooperative agreements; $230,835,000:  Provided, 
That notwithstanding any other provision of law, funds appropriated 
under this heading may be used for advertising and promotional 
activities that support Rural Development programs:  Provided further, 
That in addition to any other funds appropriated for purposes authorized 
by section 502(i) of

[[Page 132 STAT. 365]]

the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under 
such section, as amended by this Act, will immediately be credited to 
this account and will remain available until expended for such purposes.

                          Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance fund, as follows: 
$1,100,000,000 shall be for direct loans and $24,000,000,000 shall be 
for unsubsidized guaranteed loans; $28,000,000 for section 504 housing 
repair loans; $40,000,000 for section 515 rental housing; $230,000,000 
for section 538 guaranteed multi-family housing loans; $10,000,000 for 
credit sales of single family housing acquired property; $5,000,000 for 
section 523 self-help housing land development loans; and $5,000,000 for 
section 524 site development loans:  Provided, That section 514(f)(3)(A) 
of the Housing Act of 1949 (42 U.S.C. 1484(f)(3)(A)) is amended by 
striking ``United States'' and inserting ``United States,'' and by 
inserting before the semicolon the following: ``, or a person legally 
admitted to the United States and authorized to work in agriculture''.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $42,350,000 shall be for 
direct loans; section 504 housing repair loans, $3,452,000; section 523 
self-help housing land development loans, $368,000; section 524 site 
development loans, $58,000; and repair, rehabilitation, and new 
construction of section 515 rental housing, $10,524,000:  Provided, That 
to support the loan program level for section 538 guaranteed loans made 
available under this heading the Secretary may charge or adjust any fees 
to cover the projected cost of such loan guarantees pursuant to the 
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and 
the interest on such loans may not be subsidized:  Provided further, 
That applicants in communities that have a current rural area waiver 
under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) shall be 
treated as living in a rural area for purposes of section 502 guaranteed 
loans provided under this heading:  Provided further, That of the 
amounts available under this paragraph for section 502 direct loans, no 
less than $5,000,000 shall be available for direct loans for individuals 
whose homes will be built pursuant to a program funded with a mutual and 
self-help housing grant authorized by section 523 of the Housing Act of 
1949 until June 1, 2018:  Provided further, That the Secretary shall 
implement provisions to provide incentives to nonprofit organizations 
and public housing authorities to facilitate the acquisition of Rural 
Housing Service (RHS) multifamily housing properties by such nonprofit 
organizations and public housing authorities that commit to keep such 
properties in the RHS multifamily housing program for a period of time 
as determined by the Secretary, with such incentives to include, but not 
be limited to, the following: allow such nonprofit

[[Page 132 STAT. 366]]

entities and public housing authorities to earn a Return on Investment 
on their own resources to include proceeds from low income housing tax 
credit syndication, own contributions, grants, and developer loans at 
favorable rates and terms, invested in a deal; and allow reimbursement 
of organizational costs associated with owner's oversight of asset 
referred to as ``Asset Management Fee'' of up to $7,500 per property.
    In addition, for the cost of direct loans, grants, and contracts, as 
authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C. 
1484, 1486), $14,710,000, to remain available until expended, for direct 
farm labor housing loans and domestic farm labor housing grants and 
contracts:  Provided, That any balances available for the Farm Labor 
Program Account shall be transferred to and merged with this account.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $412,254,000 shall be transferred 
to and merged with the appropriation for ``Rural Development, Salaries 
and Expenses''.

                        rental assistance program

    For rental assistance agreements entered into or renewed pursuant to 
the authority under section 521(a)(2) of the Housing Act of 1949 or 
agreements entered into in lieu of debt forgiveness or payments for 
eligible households as authorized by section 502(c)(5)(D) of the Housing 
Act of 1949, $1,345,293,000, of which $40,000,000 shall be available 
until September 30, 2019; and in addition such sums as may be necessary, 
as authorized by section 521(c) of the Act, to liquidate debt incurred 
prior to fiscal year 1992 to carry out the rental assistance program 
under section 521(a)(2) of the Act:  Provided, That rental assistance 
agreements entered into or renewed during the current fiscal year shall 
be funded for a one-year period:  Provided further, That any unexpended 
balances remaining at the end of such one-year agreements may be 
transferred and used for purposes of any debt reduction; maintenance, 
repair, or rehabilitation of any existing projects; preservation; and 
rental assistance activities authorized under title V of the Act:  
Provided further, That rental assistance provided under agreements 
entered into prior to fiscal year 2018 for a farm labor multi-family 
housing project financed under section 514 or 516 of the Act may not be 
recaptured for use in another project until such assistance has remained 
unused for a period of 12 consecutive months, if such project has a 
waiting list of tenants seeking such assistance or the project has 
rental assistance eligible tenants who are not receiving such 
assistance:  Provided further, That such recaptured rental assistance 
shall, to the extent practicable, be applied to another farm labor 
multi-family housing project financed under section 514 or 516 of the 
Act:  Provided further, That except as provided in the third proviso 
under this heading and notwithstanding any other provision of the Act, 
the Secretary may recapture rental assistance provided under agreements 
entered into prior to fiscal year 2018 for a project that the Secretary 
determines no longer needs rental assistance and use such recaptured 
funds for current needs.

[[Page 132 STAT. 367]]

           multi-family housing revitalization program account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, and for additional costs to conduct a demonstration 
program for the preservation and revitalization of multi-family rental 
housing properties described in this paragraph, $47,000,000, to remain 
available until expended:  Provided, That of the funds made available 
under this heading, $25,000,000, shall be available for rural housing 
vouchers to any low-income household (including those not receiving 
rental assistance) residing in a property financed with a section 515 
loan which has been prepaid after September 30, 2005:  Provided further, 
That the amount of such voucher shall be the difference between 
comparable market rent for the section 515 unit and the tenant paid rent 
for such unit:  Provided further, That funds made available for such 
vouchers shall be subject to the availability of annual appropriations:  
Provided further, That the Secretary shall, to the maximum extent 
practicable, administer such vouchers with current regulations and 
administrative guidance applicable to section 8 housing vouchers 
administered by the Secretary of the Department of Housing and Urban 
Development:  Provided further, That if the Secretary determines that 
the amount made available for vouchers in this or any other Act is not 
needed for vouchers, the Secretary may use such funds for the 
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph:  Provided 
further, That of the funds made available under this heading, 
$22,000,000 shall be available for a demonstration program for the 
preservation and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA multi-
family housing loans, as the Secretary deems appropriate, expressly for 
the purposes of ensuring the project has sufficient resources to 
preserve the project for the purpose of providing safe and affordable 
housing for low-income residents and farm laborers including reducing or 
eliminating interest; deferring loan payments, subordinating, reducing 
or reamortizing loan debt; and other financial assistance including 
advances, payments and incentives (including the ability of owners to 
obtain reasonable returns on investment) required by the Secretary:  
Provided further, That the Secretary shall as part of the preservation 
and revitalization agreement obtain a restrictive use agreement 
consistent with the terms of the restructuring:  Provided further, That 
if the Secretary determines that additional funds for vouchers described 
in this paragraph are needed, funds for the preservation and 
revitalization demonstration program may be used for such vouchers:  
Provided further, That if Congress enacts legislation to permanently 
authorize a multi-family rental housing loan restructuring program 
similar to the demonstration program described herein, the Secretary may 
use funds made available for the demonstration program under this 
heading to carry out such legislation with the prior approval of the 
Committees on Appropriations of both Houses of Congress:  Provided 
further, That in addition to any other available funds, the Secretary 
may expend not more than $1,000,000 total, from the program funds made 
available under this heading, for administrative expenses for activities 
funded under this heading.

[[Page 132 STAT. 368]]

                   mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available 
until expended.

                     rural housing assistance grants

    For grants for very low-income housing repair and rural housing 
preservation made by the Rural Housing Service, as authorized by 42 
U.S.C. 1474, and 1490m, $40,000,000, to remain available until expended.

               rural community facilities program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by section 306 and described in section 
381E(d)(1) of the Consolidated Farm and Rural Development Act, 
$2,800,000,000 for direct loans and $148,287,000 for guaranteed loans.
    For the cost of guaranteed loans, including the cost of modifying 
loans, as defined in section 502 of the Congressional Budget Act of 
1974, $4,849,000, to remain available until expended.
    For the cost of grants for rural community facilities programs as 
authorized by section 306 and described in section 381E(d)(1) of the 
Consolidated Farm and Rural Development Act, $43,778,000, to remain 
available until expended:  Provided, That $4,000,000 of the amount 
appropriated under this heading shall be available for a Rural Community 
Development Initiative:  Provided further, That such funds shall be used 
solely to develop the capacity and ability of private, nonprofit 
community-based housing and community development organizations, low-
income rural communities, and Federally Recognized Native American 
Tribes to undertake projects to improve housing, community facilities, 
community and economic development projects in rural areas:  Provided 
further, That such funds shall be made available to qualified private, 
nonprofit and public intermediary organizations proposing to carry out a 
program of financial and technical assistance:  Provided further, That 
such intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, in an amount 
not less than funds provided:  Provided further, That $5,778,000 of the 
amount appropriated under this heading shall be to provide grants for 
facilities in rural communities with extreme unemployment and severe 
economic depression (Public Law 106-387), with up to 5 percent for 
administration and capacity building in the State rural development 
offices:  Provided further, That $4,000,000 of the amount appropriated 
under this heading shall be available for community facilities grants to 
tribal colleges, as authorized by section 306(a)(19) of such Act:  
Provided further, That sections 381E-H and 381N of the Consolidated Farm 
and Rural Development Act are not applicable to the funds made available 
under this heading.

[[Page 132 STAT. 369]]

                   Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

    For the cost of loan guarantees and grants, for the rural business 
development programs authorized by section 310B and described in 
subsections (a), (c), (f) and (g) of section 310B of the Consolidated 
Farm and Rural Development Act, $77,342,000, to remain available until 
expended:  Provided, That of the amount appropriated under this heading, 
not to exceed $500,000 shall be made available for one grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development and 
$6,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 
2009aa et seq.) and the Appalachian Regional Commission (40 U.S.C. 14101 
et seq.) for any Rural Community Advancement Program purpose as 
described in section 381E(d) of the Consolidated Farm and Rural 
Development Act, of which not more than 5 percent may be used for 
administrative expenses:  Provided further, That $4,000,000 of the 
amount appropriated under this heading shall be for business grants to 
benefit Federally Recognized Native American Tribes, including $250,000 
for a grant to a qualified national organization to provide technical 
assistance for rural transportation in order to promote economic 
development:  Provided further, That sections 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to funds 
made available under this heading.

               intermediary relending program fund account

                      (including transfer of funds)

    For the principal amount of direct loans, as authorized by the 
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), 
$18,889,000.
    For the cost of direct loans, $4,361,000, as authorized by the 
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which 
$557,000 shall be available through June 30, 2018, for Federally 
Recognized Native American Tribes; and of which $1,072,000 shall be 
available through June 30, 2018, for Mississippi Delta Region counties 
(as determined in accordance with Public Law 100-460):  Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,468,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.

            rural economic development loans program account

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$45,000,000.

[[Page 132 STAT. 370]]

    The cost of grants authorized under section 313 of the Rural 
Electrification Act, for the purpose of promoting rural economic 
development and job creation projects shall not exceed $10,000,000.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $27,550,000, of which $2,750,000 shall be for cooperative 
agreements for the appropriate technology transfer for rural areas 
program:  Provided, That not to exceed $3,000,000 shall be for grants 
for cooperative development centers, individual cooperatives, or groups 
of cooperatives that serve socially disadvantaged groups and a majority 
of the boards of directors or governing boards of which are comprised of 
individuals who are members of socially disadvantaged groups; and of 
which $16,000,000, to remain available until expended, shall be for 
value-added agricultural product market development grants, as 
authorized by section 231 of the Agricultural Risk Protection Act of 
2000 (7 U.S.C. 1632a), of which $1,000,000 shall be for Agriculture 
Innovation Centers authorized pursuant to section 6402 of Public Law 
107-171.

                    rural energy for america program

    For the cost of a program of loan guarantees, under the same terms 
and conditions as authorized by section 9007 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8107), $293,000:  Provided, That 
the cost of loan guarantees, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974.

                         Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B 
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $560,263,000, to remain 
available until expended, of which not to exceed $1,000,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be 
available for the rural utilities program described in section 306E of 
such Act:  Provided, That not to exceed $15,000,000 of the amount 
appropriated under this heading shall be for grants authorized by 
section 306A(i)(2) of the Consolidated Farm and Rural Development Act in 
addition to funding authorized by section 306A(i)(1) of such Act and 
such grants may not exceed $1,000,000 notwithstanding section 306A(f)(1) 
of such Act:  Provided further, That $68,000,000 of the amount 
appropriated under this heading shall be for loans and grants including 
water and waste disposal systems grants authorized by section 
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural 
Development Act, and Federally Recognized Native American Tribes 
authorized by 306C(a)(1) of such Act:  Provided

[[Page 132 STAT. 371]]

further, That funding provided for section 306D of the Consolidated Farm 
and Rural Development Act may be provided to a consortium formed 
pursuant to section 325 of Public Law 105-83:  Provided further, That 
not more than 2 percent of the funding provided for section 306D of the 
Consolidated Farm and Rural Development Act may be used by the State of 
Alaska for training and technical assistance programs and not more than 
2 percent of the funding provided for section 306D of the Consolidated 
Farm and Rural Development Act may be used by a consortium formed 
pursuant to section 325 of Public Law 105-83 for training and technical 
assistance programs:  Provided further, That not to exceed $40,000,000 
of the amount appropriated under this heading shall be for technical 
assistance grants for rural water and waste systems pursuant to section 
306(a)(14) of such Act, unless the Secretary makes a determination of 
extreme need, of which $8,000,000 shall be made available for a grant to 
a qualified nonprofit multi-State regional technical assistance 
organization, with experience in working with small communities on water 
and waste water problems, the principal purpose of such grant shall be 
to assist rural communities with populations of 3,300 or less, in 
improving the planning, financing, development, operation, and 
management of water and waste water systems, and of which not less than 
$800,000 shall be for a qualified national Native American organization 
to provide technical assistance for rural water systems for tribal 
communities:  Provided further, That not to exceed $19,000,000 of the 
amount appropriated under this heading shall be for contracting with 
qualified national organizations for a circuit rider program to provide 
technical assistance for rural water systems:  Provided further, That 
not to exceed $4,000,000 shall be for solid waste management grants:  
Provided further, That $10,000,000 of the amount appropriated under this 
heading shall be transferred to, and merged with, the Rural Utilities 
Service, High Energy Cost Grants Account to provide grants authorized 
under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 
918a):  Provided further, That any prior year balances for high-energy 
cost grants authorized by section 19 of the Rural Electrification Act of 
1936 (7 U.S.C. 918a) shall be transferred to and merged with the Rural 
Utilities Service, High Energy Cost Grants Account:  Provided further, 
That sections 381E-H and 381N of the Consolidated Farm and Rural 
Development Act are not applicable to the funds made available under 
this heading.

   rural electrification and telecommunications loans program account

                      (including transfer of funds)

    The principal amount of direct and guaranteed loans as authorized by 
sections 305, 306, and 317 of the Rural Electrification Act of 1936 (7 
U.S.C. 935, 936, and 940g) shall be made as follows: loans made pursuant 
to sections 305, 306, and 317, notwithstanding 317(c), of that Act, 
rural electric, $5,500,000,000; guaranteed underwriting loans pursuant 
to section 313A, $750,000,000; 5 percent rural telecommunications loans, 
cost of money rural telecommunications loans, and for loans made 
pursuant to section 306 of that Act, rural telecommunications loans, 
$690,000,000:  Provided, That up to $2,000,000,000 shall be used for the 
construction, acquisition,

[[Page 132 STAT. 372]]

or improvement of fossil-fueled electric generating plants (whether new 
or existing) that utilize carbon sequestration systems.
    For the cost of direct loans as authorized by section 305 of the 
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, cost of money rural telecommunications loans, $863,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $33,270,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

         distance learning, telemedicine, and broadband program

    For the principal amount of broadband telecommunication loans, 
$29,851,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $32,000,000, to remain 
available until expended:  Provided, That $3,000,000 shall be made 
available for grants authorized by 379G of the Consolidated Farm and 
Rural Development Act:  Provided further, That funding provided under 
this heading for grants under 379G of the Consolidated Farm and Rural 
Development Act may only be provided to entities that meet all of the 
eligibility criteria for a consortium as established by this section.
    For the cost of broadband loans, as authorized by section 601 of the 
Rural Electrification Act, $5,000,000, to remain available until 
expended:  Provided, That the cost of direct loans shall be as defined 
in section 502 of the Congressional Budget Act of 1974.
    In addition, $30,000,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition, and Consumer Services

    For necessary expenses of the Office of the Under Secretary for 
Food, Nutrition, and Consumer Services, $800,000:  Provided, That funds 
made available by this Act to an agency in the Food, Nutrition and 
Consumer Services mission area for salaries and expenses are available 
to fund up to one administrative support staff for the Office.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    For necessary expenses to carry out the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 
and 21; $24,254,139,000 to remain available

[[Page 132 STAT. 373]]

through September 30, 2019, of which such sums as are made available 
under section 14222(b)(1) of the Food, Conservation, and Energy Act of 
2008 (Public Law 110-246), as amended by this Act, shall be merged with 
and available for the same time period and purposes as provided herein:  
Provided, That of the total amount available, $17,004,000 shall be 
available to carry out section 19 of the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.):  Provided further, That of the total amount 
available, $30,000,000 shall be available to provide competitive grants 
to State agencies for subgrants to local educational agencies and 
schools to purchase the equipment, with a value of greater than $1,000, 
needed to serve healthier meals, improve food safety, and to help 
support the establishment, maintenance, or expansion of the school 
breakfast program:  Provided further, That of the total amount 
available, $28,000,000 shall remain available until expended to carry 
out section 749(g) of the Agriculture Appropriations Act of 2010 (Public 
Law 111-80):  Provided further, That section 26(d) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the 
first sentence by striking ``2010 through 2017'' and inserting ``2010 
through 2018'':  Provided further, That section 9(h)(3) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended 
in the first sentence by striking ``for fiscal year 2017'' and inserting 
``for fiscal year 2018'':  Provided further, That section 9(h)(4) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is 
amended in the first sentence by striking ``for fiscal year 2017'' and 
inserting ``for fiscal year 2018''.

special supplemental nutrition program for women, infants, and children 
                                  (wic)

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $6,175,000,000, to remain available through 
September 30, 2019, of which $25,000,000 shall be placed in reserve, to 
remain available until expended, to be allocated as the Secretary deemed 
necessary, notwithstanding section 17(i) of such Act, to support 
participation should cost or participation exceed budget estimates:  
Provided, That notwithstanding section 17(h)(10) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(h)(10)), not less than $60,000,000 shall be 
used for breastfeeding peer counselors and other related activities, and 
$14,000,000 shall be used for infrastructure:  Provided further, That 
none of the funds provided in this account shall be available for the 
purchase of infant formula except in accordance with the cost 
containment and competitive bidding requirements specified in section 17 
of such Act:  Provided further, That none of the funds provided shall be 
available for activities that are not fully reimbursed by other Federal 
Government departments or agencies unless authorized by section 17 of 
such Act:  Provided further, That upon termination of a federally 
mandated vendor moratorium and subject to terms and conditions 
established by the Secretary, the Secretary may waive the requirement at 
7 CFR 246.12(g)(6) at the request of a State agency.

[[Page 132 STAT. 374]]

                supplemental nutrition assistance program

    For necessary expenses to carry out the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.), $74,013,499,000, of which $3,000,000,000, 
to remain available through December 31, 2019, shall be placed in 
reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations:  Provided, That funds 
provided herein shall be expended in accordance with section 16 of the 
Food and Nutrition Act of 2008:  Provided further, That of the funds 
made available under this heading, $998,000 may be used to provide 
nutrition education services to State agencies and Federally Recognized 
Tribes participating in the Food Distribution Program on Indian 
Reservations:  Provided further, That this appropriation shall be 
subject to any work registration or workfare requirements as may be 
required by law:  Provided further, That funds made available for 
Employment and Training under this heading shall remain available 
through September 30, 2019:  Provided further, That funds made available 
under this heading for section 28(d)(1), section 4(b), and section 27(a) 
of the Food and Nutrition Act of 2008 shall remain available through 
September 30, 2019:  Provided further, That none of the funds made 
available under this heading may be obligated or expended in 
contravention of section 213A of the Immigration and Nationality Act (8 
U.S.C. 1183A):  Provided further, That funds made available under this 
heading may be used to enter into contracts and employ staff to conduct 
studies, evaluations, or to conduct activities related to program 
integrity provided that such activities are authorized by the Food and 
Nutrition Act of 2008.

                      commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of the 
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); 
the Emergency Food Assistance Act of 1983; special assistance for the 
nuclear affected islands, as authorized by section 103(f)(2) of the 
Compact of Free Association Amendments Act of 2003 (Public Law 108-188); 
and the Farmers' Market Nutrition Program, as authorized by section 
17(m) of the Child Nutrition Act of 1966, $322,139,000, to remain 
available through September 30, 2019:  Provided, That none of these 
funds shall be available to reimburse the Commodity Credit Corporation 
for commodities donated to the program:  Provided further, That 
notwithstanding any other provision of law, effective with funds made 
available in fiscal year 2018 to support the Seniors Farmers' Market 
Nutrition Program, as authorized by section 4402 of the Farm Security 
and Rural Investment Act of 2002, such funds shall remain available 
through September 30, 2019:  Provided further, That of the funds made 
available under section 27(a) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2036(a)), the Secretary may use up to 15 percent for costs 
associated with the distribution of commodities.

                    nutrition programs administration

    For necessary administrative expenses of the Food and Nutrition 
Service for carrying out any domestic nutrition assistance program, 
$153,841,000:  Provided, That of the funds provided herein, $2,000,000 
shall be used for the purposes of section 4404 of Public

[[Page 132 STAT. 375]]

Law 107-171, as amended by section 4401 of Public Law 110-246.

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

Office of the Under Secretary for Trade and Foreign Agricultural Affairs

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

                      office of codex alimentarius

    For necessary expenses of the Office of Codex Alimentarius, 
$3,796,000.

                      Foreign Agricultural Service

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including not to exceed $250,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 1956 (7 
U.S.C. 1766), $199,666,000, of which no more than 6 percent shall remain 
available until September 30, 2019, for overseas operations to include 
the payment of locally employed staff:  Provided, That the Service may 
utilize advances of funds, or reimburse this appropriation for 
expenditures made on behalf of Federal agencies, public and private 
organizations and institutions under agreements executed pursuant to the 
agricultural food production assistance programs (7 U.S.C. 1737) and the 
foreign assistance programs of the United States Agency for 
International Development:  Provided further, That funds made available 
for middle-income country training programs, funds made available for 
the Borlaug International Agricultural Science and Technology Fellowship 
program, and up to $2,000,000 of the Foreign Agricultural Service 
appropriation solely for the purpose of offsetting fluctuations in 
international currency exchange rates, subject to documentation by the 
Foreign Agricultural Service, shall remain available until expended.

   food for peace title i direct credit and food for progress program 
                                 account

                      (including transfer of funds)

    For administrative expenses to carry out the credit program of title 
I, Food for Peace Act (Public Law 83-480) and the Food for Progress Act 
of 1985, $149,000, shall be transferred to and

[[Page 132 STAT. 376]]

merged with the appropriation for ``Farm Service Agency, Salaries and 
Expenses''.

                     food for peace title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Food for Peace Act (Public Law 83-480), for 
commodities supplied in connection with dispositions abroad under title 
II of said Act, $1,600,000,000, to remain available until expended:  
Provided, That the Administrator of the United States Agency for 
International Development shall in each instance notify in writing the 
Committees on Appropriations of both Houses of Congress, the Committee 
on Agriculture of the House, the Committee on Foreign Relations of the 
Senate, the Committee on Foreign Affairs of the House, and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate and make publicly 
available online the amount and use of authority in section 202(a) of 
the Food for Peace Act (7 U.S.C. 1722(a)) to notwithstand the minimum 
level of nonemergency assistance required by section 412(e)(2) of the 
Food for Peace Act (7 U.S.C. 1736f(e)(2)) not later than 15 days after 
the date of such action.

   mcgovern-dole international food for education and child nutrition 
                             program grants

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $207,626,000, to remain available until expended, of which 
$1,000,000 is for the use of recently developed potable water 
technologies in school feeding projects:  Provided, That the Commodity 
Credit Corporation is authorized to provide the services, facilities, 
and authorities for the purpose of implementing such section, subject to 
reimbursement from amounts provided herein:  Provided further, That of 
the amount made available under this heading, $10,000,000, shall remain 
available until expended for necessary expenses to carry out the 
provisions of section 3207 of the Agricultural Act of 2014 (7 U.S.C. 
1726c).

  commodity credit corporation export (loans) credit guarantee program 
                                 account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's Export Guarantee Program, GSM 102 and GSM 103, $8,845,000; 
to cover common overhead expenses as permitted by section 11 of the 
Commodity Credit Corporation Charter Act and in conformity with the 
Federal Credit Reform Act of 1990, of which $6,382,000 shall be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $2,463,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.

[[Page 132 STAT. 377]]

                                TITLE VI

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 Department of Health and Human Services

                      food and drug administration

                          salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; in addition to amounts appropriated 
to the FDA Innovation Account, for carrying out the activities described 
in section 1002(b)(4) of the 21st Century Cures Act (Public Law 114-
255); for miscellaneous and emergency expenses of enforcement 
activities, authorized and approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed $25,000; and 
notwithstanding section 521 of Public Law 107-188; $5,138,041,000:  
Provided, That of the amount provided under this heading, $911,346,000 
shall be derived from prescription drug user fees authorized by 21 
U.S.C. 379h, and shall be credited to this account and remain available 
until expended; $193,291,000 shall be derived from medical device user 
fees authorized by 21 U.S.C. 379j, and shall be credited to this account 
and remain available until expended; $493,600,000 shall be derived from 
human generic drug user fees authorized by 21 U.S.C. 379j-42, and shall 
be credited to this account and remain available until expended; 
$40,214,000 shall be derived from biosimilar biological product user 
fees authorized by 21 U.S.C. 379j-52, and shall be credited to this 
account and remain available until expended; $18,093,000 shall be 
derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and 
shall be credited to this account and remain available until expended; 
$9,419,000 shall be derived from generic new animal drug user fees 
authorized by 21 U.S.C. 379j-21, and shall be credited to this account 
and remain available until expended; $672,000,000 shall be derived from 
tobacco product user fees authorized by 21 U.S.C. 387s, and shall be 
credited to this account and remain available until expended:  Provided 
further, That in addition to and notwithstanding any other provision 
under this heading, amounts collected for prescription drug user fees, 
medical device user fees, human generic drug user fees, biosimilar 
biological product user fees, animal drug user fees, and generic new 
animal drug user fees that exceed the respective fiscal year 2018 
limitations are appropriated and shall be credited to this account and 
remain available until expended:  Provided further, That fees derived 
from prescription drug, medical device, human generic drug, biosimilar 
biological product, animal drug, and generic new animal drug assessments 
for fiscal year 2018, including any such fees collected prior to fiscal 
year 2018 but credited for fiscal year 2018, shall be subject to the 
fiscal year 2018 limitations:  Provided further, That the Secretary may 
accept payment during fiscal year 2018 of user fees specified under this 
heading and authorized for fiscal year 2019,

[[Page 132 STAT. 378]]

prior to the due date for such fees, and that amounts of such fees 
assessed for fiscal year 2019 for which the Secretary accepts payment in 
fiscal year 2018 shall not be included in amounts under this heading:  
Provided further, That none of these funds shall be used to develop, 
establish, or operate any program of user fees authorized by 31 U.S.C. 
9701:  Provided further, That of the total amount appropriated: (1) 
$1,041,615,000 shall be for the Center for Food Safety and Applied 
Nutrition and related field activities in the Office of Regulatory 
Affairs; (2) $1,617,881,000 shall be for the Center for Drug Evaluation 
and Research and related field activities in the Office of Regulatory 
Affairs; (3) $359,614,000 shall be for the Center for Biologics 
Evaluation and Research and for related field activities in the Office 
of Regulatory Affairs; (4) $197,252,000 shall be for the Center for 
Veterinary Medicine and for related field activities in the Office of 
Regulatory Affairs; (5) $487,197,000 shall be for the Center for Devices 
and Radiological Health and for related field activities in the Office 
of Regulatory Affairs; (6) $63,331,000 shall be for the National Center 
for Toxicological Research; (7) $625,646,000 shall be for the Center for 
Tobacco Products and for related field activities in the Office of 
Regulatory Affairs; (8) not to exceed $172,003,000 shall be for Rent and 
Related activities, of which $50,559,000 is for White Oak Consolidation, 
other than the amounts paid to the General Services Administration for 
rent; (9) not to exceed $237,671,000 shall be for payments to the 
General Services Administration for rent; and (10) $335,831,000 shall be 
for other activities, including the Office of the Commissioner of Food 
and Drugs, the Office of Foods and Veterinary Medicine, the Office of 
Medical and Tobacco Products, the Office of Global and Regulatory 
Policy, the Office of Operations, the Office of the Chief Scientist, and 
central services for these offices:  Provided further, That not to 
exceed $25,000 of this amount shall be for official reception and 
representation expenses, not otherwise provided for, as determined by 
the Commissioner:  Provided further, That any transfer of funds pursuant 
to section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
379dd(n)) shall only be from amounts made available under this heading 
for other activities:  Provided further, That of the amounts that are 
made available under this heading for ``other activities'', and that are 
not derived from user fees, $1,500,000 shall be transferred to and 
merged with the appropriation for ``Department of Health and Human 
Services--Office of Inspector General'' for oversight of the programs 
and operations of the Food and Drug Administration and shall be in 
addition to funds otherwise made available for oversight of the Food and 
Drug Administration:  Provided further, That of the total amount made 
available under this heading, $1,500,000 shall be used by the 
Commissioner of Food and Drugs, in coordination with the Secretary of 
Agriculture, for consumer outreach and education regarding agricultural 
biotechnology and biotechnology-derived food products and animal feed, 
including through publication and distribution of science-based 
educational information on the environmental, nutritional, food safety, 
economic, and humanitarian impacts of such biotechnology, food products, 
and feed:  Provided further, That funds may be transferred from one 
specified activity to another with the prior approval of the Committees 
on Appropriations of both Houses of Congress.

[[Page 132 STAT. 379]]

    In addition, mammography user fees authorized by 42 U.S.C. 263b, 
export certification user fees authorized by 21 U.S.C. 381, priority 
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed 
recall fees, food reinspection fees, and voluntary qualified importer 
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees 
authorized by 21 U.S.C. 379j-62, prescription drug wholesale distributor 
licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-
party logistics provider licensing and inspection fees authorized by 21 
U.S.C. 360eee-3(c)(1), third-party auditor fees authorized by 21 U.S.C. 
384d(c)(8), and medical countermeasure priority review voucher user fees 
authorized by 21 U.S.C. 360bbb-4a, shall be credited to this account, to 
remain available until expended.

                        buildings and facilities

    For plans, construction, repair, improvement, extension, alteration, 
demolition, and purchase of fixed equipment or facilities of or used by 
the Food and Drug Administration, where not otherwise provided, 
$11,788,000, to remain available until expended.

                    fda innovation account, cures act

    For necessary expenses to carry out the purposes described under 
section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts 
available for such purposes under the heading ``Salaries and Expenses'', 
$60,000,000, to remain available until expended:  Provided, That amounts 
appropriated in this paragraph are appropriated pursuant to section 
1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts 
transferred under section 1002(b)(2)(A) of such Act, and may be 
transferred by the Commissioner of Food and Drugs to the appropriation 
for ``Department of Health and Human Services--Food and Drug 
Administration--Salaries and Expenses'' solely for the purposes provided 
in such Act:  Provided further, That upon a determination by the 
Commissioner that funds transferred pursuant to the previous proviso are 
not necessary for the purposes provided, such amounts may be transferred 
back to the account:  Provided further, That such transfer authority is 
in addition to any other transfer authority provided by law.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases), in the District of Columbia and elsewhere, $249,000,000, 
including not to exceed $3,000 for official reception and representation 
expenses, and not to exceed $25,000 for the expenses for consultations 
and meetings hosted by the Commission with foreign governmental and 
other regulatory officials, of which not less than $48,000,000, to 
remain available until September 30, 2019, shall be for the purchase of 
information technology and of which not less than $2,700,000 shall be 
for expenses of the Office of the Inspector General:  Provided, That 
notwithstanding the limitations in 31 U.S.C. 1553, amounts provided 
under

[[Page 132 STAT. 380]]

this heading are available for the liquidation of obligations equal to 
current year payments on leases entered into prior to the date of 
enactment of this Act:  Provided further, That for the purpose of 
recording and liquidating any lease obligations that should have been 
recorded and liquidated against accounts closed pursuant to 31 U.S.C. 
1552, and consistent with the preceding proviso, such amounts shall be 
transferred to and recorded in a new no-year account in the Treasury, 
which may be established for the sole purpose of recording adjustments 
for and liquidating such unpaid obligations:  Provided further, That if 
any furlough or reduction-in-force of personnel at the Commission occurs 
as a result of an action under 5 U.S.C. 7119, the Commission shall 
submit a report to the Committees on Appropriations of the House of 
Representatives and the Senate no later than 30 days after the furlough 
or reduction-in-force occurs detailing the agency's reasoning for 
conducting a furlough or reduction-in-force:  Provided further, That in 
the report the Commission shall explain why the furlough or reduction-
in-force was the only reasonable course of action in response to an 
action taken under 5 U.S.C. 7119:  Provided further, That after the 
conclusion of any furlough or reduction-in-force of the Commission in 
response to an action taken under 5 U.S.C. 7119, the Comptroller General 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a report that describes (1) the long-term cost 
of any pay increases the Commission must make in response to an action 
taken under 5 U.S.C. 7119; and (2) the operational impact of the 
furlough or reduction-in-force.

                       Farm Credit Administration

                  limitation on administrative expenses

    Not to exceed $70,600,000 (from assessments collected from farm 
credit institutions, including the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249:  Provided, 
That this limitation shall not apply to expenses associated with 
receiverships:  Provided further, That the agency may exceed this 
limitation by up to 10 percent with notification to the Committees on 
Appropriations of both Houses of Congress.

                                TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

    Sec. 701.  Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of Agriculture 
for the current fiscal year under this Act shall be available for the 
purchase, in addition to those specifically provided for, of not to 
exceed 71 passenger motor vehicles of which 68 shall be for replacement 
only, and for the hire of such vehicles:  Provided, That notwithstanding 
this section, the only purchase of new passenger vehicles shall be for 
those determined by the Secretary to be necessary for transportation 
safety, to reduce operational costs, and for the protection of life, 
property, and public safety.

[[Page 132 STAT. 381]]

    Sec. 702.  Notwithstanding any other provision of this Act, the 
Secretary of Agriculture may transfer unobligated balances of 
discretionary funds appropriated by this Act or any other available 
unobligated discretionary balances that are remaining available of the 
Department of Agriculture to the Working Capital Fund for the 
acquisition of plant and capital equipment necessary for the delivery of 
financial, administrative, and information technology services of 
primary benefit to the agencies of the Department of Agriculture, such 
transferred funds to remain available until expended:  Provided, That 
none of the funds made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior approval of 
the agency administrator:  Provided further, That none of the funds 
transferred to the Working Capital Fund pursuant to this section shall 
be available for obligation without written notification to and the 
prior approval of the Committees on Appropriations of both Houses of 
Congress:  Provided further, That none of the funds appropriated by this 
Act or made available to the Department's Working Capital Fund shall be 
available for obligation or expenditure to make any changes to the 
Department's National Finance Center without written notification to and 
prior approval of the Committees on Appropriations of both Houses of 
Congress as required by section 717 of this Act:  Provided further, That 
none of the funds appropriated by this Act or made available to the 
Department's Working Capital Fund shall be available for obligation or 
expenditure to initiate, plan, develop, implement, or make any changes 
to remove or relocate any systems, missions, or functions of the offices 
of the Chief Financial Officer or any personnel from the National 
Finance Center prior to written notification to and prior approval of 
the Committee on Appropriations of both Houses of Congress and in 
accordance with the requirements of section 717 of this Act:  Provided 
further, That the Secretary of Agriculture and the offices of the Chief 
Financial Officer shall actively market to existing and new Departments 
and other government agencies National Finance Center shared services 
including, but not limited to, payroll, financial management, and human 
capital shared services and allow the National Finance Center to perform 
technology upgrades:  Provided further, That of annual income amounts in 
the Working Capital Fund of the Department of Agriculture attributable 
to the amounts in excess of the true costs of the shared services 
provided by the National Finance Center and budgeted for the National 
Finance Center, the Secretary shall reserve not more than 4 percent for 
the replacement or acquisition of capital equipment, including equipment 
for the improvement, delivery, and implementation of financial, 
administrative, and information technology services, and other systems 
of the National Finance Center or to pay any unforeseen, extraordinary 
cost of the National Finance Center:  Provided further, That none of the 
amounts reserved shall be available for obligation unless the Secretary 
submits written notification of the obligation to the Committees on 
Appropriations of both Houses of Congress:  Provided further, That the 
limitations on the obligation of funds pending notification to 
Congressional Committees shall not apply to any obligation that, as 
determined by the Secretary, is necessary to respond to a declared state 
of emergency that significantly impacts the operations of the National 
Finance Center; or to evacuate employees of the National Finance Center 
to a safe haven to continue operations of the National Finance Center:

[[Page 132 STAT. 382]]

 Provided further, That the Secretary of Agriculture shall conduct and 
submit a detailed cost benefit analysis to the Committees on 
Appropriations that includes a complete analysis of the National Finance 
Center data center and two other operationally comparable data centers 
in both size and complexity in supported applications that details and 
provides: (1) the cost effectiveness of each center; (2) a security 
analysis of each center; and (3) each center's Federal Risk and 
Authorization Management Program (FedRAMP) certifications status and the 
center's demonstrated history record and ability for maintaining 
Continuity of Operations Plan (COOP) functions and not miss critical 
operations:  Provided further, That the cost-benefit analysis shall be 
submitted no later than 90 days after enactment of this Act to the 
Committees on Appropriations:  Provided further, That not later than 90 
days after submission of the cost-benefit analysis, the Comptroller 
General of the United States shall submit to the Committees on 
Appropriations a sufficiency review of the cost-benefit analysis, 
including any findings and recommendations relating to such review.
    Sec. 703.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 704.  No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 705.  Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current fiscal 
year shall remain available until expended to disburse obligations made 
in the current fiscal year for the following accounts: the Rural 
Development Loan Fund program account, the Rural Electrification and 
Telecommunication Loans program account, and the Rural Housing Insurance 
Fund program account.
    Sec. 706.  None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board:  Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without written notification to and the prior 
approval of the Committees on Appropriations of both Houses of Congress: 
 Provided further, That, notwithstanding section 11319 of title 40, 
United States Code, none of the funds available to the Department of 
Agriculture for information technology shall be obligated for projects, 
contracts, or other agreements over $25,000 prior to receipt of written 
approval by the Chief Information Officer:  Provided further, That the 
Chief Information Officer may authorize an agency to obligate funds 
without written approval from the Chief Information Officer for 
projects, contracts, or other agreements up to $250,000 based upon

[[Page 132 STAT. 383]]

the performance of an agency measured against the performance plan 
requirements described in the explanatory statement accompanying Public 
Law 113-235.
    Sec. 707.  Funds made available under section 524(b) of the Federal 
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall 
remain available until expended to disburse obligations made in the 
current fiscal year.
    Sec. 708.  Notwithstanding any other provision of law, any former 
RUS borrower that has repaid or prepaid an insured, direct or guaranteed 
loan under the Rural Electrification Act of 1936, or any not-for-profit 
utility that is eligible to receive an insured or direct loan under such 
Act, shall be eligible for assistance under section 313(b)(2)(B) of such 
Act in the same manner as a borrower under such Act.
    Sec. 709.  Except as otherwise specifically provided by law, not 
more than $20,000,000 in unobligated balances from appropriations made 
available for salaries and expenses in this Act for the Farm Service 
Agency shall remain available through September 30, 2019, for 
information technology expenses:  Provided, That except as otherwise 
specifically provided by law, unobligated balances from appropriations 
made available for salaries and expenses in this Act for the Rural 
Development mission area shall remain available through September 30, 
2019, for information technology expenses.
    Sec. 710.  None of the funds appropriated or otherwise made 
available by this Act may be used for first-class travel by the 
employees of agencies funded by this Act in contravention of sections 
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
    Sec. 711.  In the case of each program established or amended by the 
Agricultural Act of 2014 (Public Law 113-79), other than by title I or 
subtitle A of title III of such Act, or programs for which indefinite 
amounts were provided in that Act, that is authorized or required to be 
carried out using funds of the Commodity Credit Corporation--
            (1) such funds shall be available for salaries and related 
        administrative expenses, including technical assistance, 
        associated with the implementation of the program, without 
        regard to the limitation on the total amount of allotments and 
        fund transfers contained in section 11 of the Commodity Credit 
        Corporation Charter Act (15 U.S.C. 714i); and
            (2) the use of such funds for such purpose shall not be 
        considered to be a fund transfer or allotment for purposes of 
        applying the limitation on the total amount of allotments and 
        fund transfers contained in such section.

    Sec. 712.  Of the funds made available by this Act, not more than 
$2,000,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 713.  None of the funds in this Act shall be available to pay 
indirect costs charged against any agricultural research, education, or 
extension grant awards issued by the National Institute of Food and 
Agriculture that exceed 30 percent of total

[[Page 132 STAT. 384]]

Federal funds provided under each award:  Provided, That notwithstanding 
section 1462 of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act 
for grants awarded competitively by the National Institute of Food and 
Agriculture shall be available to pay full allowable indirect costs for 
each grant awarded under section 9 of the Small Business Act (15 U.S.C. 
638).
    Sec. 714. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 715.  Notwithstanding subsection (b) of section 14222 of Public 
Law 110-246 (7 U.S.C. 612c-6; in this section referred to as ``section 
14222''), none of the funds appropriated or otherwise made available by 
this or any other Act shall be used to pay the salaries and expenses of 
personnel to carry out a program under section 32 of the Act of August 
24, 1935 (7 U.S.C. 612c; in this section referred to as ``section 32'') 
in excess of $1,266,582,000 (exclusive of carryover appropriations from 
prior fiscal years), as follows: Child Nutrition Programs Entitlement 
Commodities--$465,000,000; State Option Contracts-- $5,000,000; Removal 
of Defective Commodities-- $2,500,000; Administration of Section 32 
Commodity Purchases--$35,853,000:  Provided, That of the total funds 
made available in the matter preceding this proviso that remain 
unobligated on October 1, 2018, such unobligated balances shall 
carryover into the next fiscal year and shall remain available until 
expended for any of the three stated purposes of section 32, except that 
any such carryover funds used in accordance with clause (3) of section 
32 may not exceed $350,000,000 and may not be obligated until the 
Secretary of Agriculture provides written notification of the 
expenditures to the Committees on Appropriations of both Houses of 
Congress at least two weeks in advance:  Provided further, That, with 
the exception of any available carryover funds authorized in the first 
proviso of this section to be used for the purposes of clause (3) of 
section 32, none of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries or expenses 
of any employee of the Department of Agriculture to carry out clause (3) 
of section 32.
    Sec. 716.  None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's budget 
submission to the Congress for programs under the jurisdiction of the 
Appropriations Subcommittees on Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies that assumes revenues or 
reflects a reduction from the previous year due to user fees proposals 
that have not been enacted into law prior to the submission of the 
budget unless such budget submission identifies which additional 
spending reductions should occur in the event the user fees proposals 
are not enacted prior to the date of the convening of a committee of 
conference for the fiscal year 2019 appropriations Act.

[[Page 132 STAT. 385]]

    Sec. 717. (a) None of the funds provided by this Act, or provided by 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in the current fiscal 
year, or provided from any accounts in the Treasury derived by the 
collection of fees available to the agencies funded by this Act, shall 
be available for obligation or expenditure through a reprogramming, 
transfer of funds, or reimbursements as authorized by the Economy Act, 
or in the case of the Department of Agriculture, through use of the 
authority provided by section 702(b) of the Department of Agriculture 
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 
U.S.C. 2263), that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;

unless the Secretary of Agriculture, the Chairman of the Commodity 
Futures Trading Commission, or the Secretary of Health and Human 
Services (as the case may be) notifies in writing and receives approval 
from the Committees on Appropriations of both Houses of Congress at 
least 30 days in advance of the reprogramming of such funds or the use 
of such authority.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury derived by the collection of 
fees available to the agencies funded by this Act, shall be available 
for obligation or expenditure for activities, programs, or projects 
through a reprogramming or use of the authorities referred to in 
subsection (a) involving funds in excess of $500,000 or 10 percent, 
whichever is less, that--
            (1) augments existing programs, projects, or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress; unless the 
        Secretary of Agriculture, the Chairman of the Commodity Futures 
        Trading Commission, or the Secretary of Health and Human 
        Services (as the case may be) notifies in writing and receives 
        approval from the Committees on Appropriations of both Houses of 
        Congress at least 30 days in advance of the reprogramming or 
        transfer of such funds or the use of such authority.

    (c) The Secretary of Agriculture, the Chairman of the Commodity 
Futures Trading Commission, or the Secretary of Health and Human 
Services shall notify in writing and receive approval from the 
Committees on Appropriations of both Houses of Congress before 
implementing any program or activity not carried out during the previous 
fiscal year unless the program or activity is funded by this Act or 
specifically funded by any other Act.

[[Page 132 STAT. 386]]

    (d) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury derived by the collection of 
fees available to the agencies funded by this Act, shall be available 
for--
            (1) modifying major capital investments funding levels, 
        including information technology systems, that involves 
        increasing or decreasing funds in the current fiscal year for 
        the individual investment in excess of $500,000 or 10 percent of 
        the total cost, whichever is less;
            (2) realigning or reorganizing new, current, or vacant 
        positions or agency activities or functions to establish a 
        center, office, branch, or similar entity with five or more 
        personnel; or
            (3) carrying out activities or functions that were not 
        described in the budget request; unless the agencies funded by 
        this Act notify, in writing, the Committees on Appropriations of 
        both Houses of Congress at least 30 days in advance of using the 
        funds for these purposes.

    (e) As described in this section, no funds may be used for any 
activities unless the Secretary of Agriculture, the Chairman of the 
Commodity Futures Trading Commission, or the Secretary of Health and 
Human Services receives from the Committee on Appropriations of both 
Houses of Congress written or electronic mail confirmation of receipt of 
the notification as required in this section.
    Sec. 718.  Notwithstanding section 310B(g)(5) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may 
assess a one-time fee for any guaranteed business and industry loan in 
an amount that does not exceed 3 percent of the guaranteed principal 
portion of the loan.
    Sec. 719.  None of the funds appropriated or otherwise made 
available to the Department of Agriculture, the Food and Drug 
Administration, the Commodity Futures Trading Commission, or the Farm 
Credit Administration shall be used to transmit or otherwise make 
available reports, questions, or responses to questions that are a 
result of information requested for the appropriations hearing process 
to any non-Department of Agriculture, non-Department of Health and Human 
Services, non-Commodity Futures Trading Commission, or non-Farm Credit 
Administration employee.
    Sec. 720.  Unless otherwise authorized by existing law, none of the 
funds provided in this Act, may be used by an executive branch agency to 
produce any prepackaged news story intended for broadcast or 
distribution in the United States unless the story includes a clear 
notification within the text or audio of the prepackaged news story that 
the prepackaged news story was prepared or funded by that executive 
branch agency.
    Sec. 721.  No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act or any 
other Act to any other agency or office of the Department for more than 
60 days in a fiscal year unless the individual's employing agency or 
office is fully reimbursed by the receiving agency or office for the 
salary and expenses of the employee for the period of assignment.

[[Page 132 STAT. 387]]

    Sec. 722. (a) <<NOTE: 21 USC 399i.>>  There is hereby established in 
the Treasury of the United States a Working Capital Fund (the Fund) to 
be administered by the Food and Drug Administration (FDA), without 
fiscal year limitation, for the payment of salaries, travel, and other 
expenses necessary to the maintenance and operation of (1) a supply 
service for the purchase, storage, handling, issuance, packing, or 
shipping of stationery, supplies, materials, equipment, and blank forms, 
for which stocks may be maintained to meet, in whole or in part, the 
needs of the FDA and requisitions of other Government Offices, and (2) 
such other services as the Commissioner of the FDA, subject to review by 
the Secretary of Health and Human Services, determines may be performed 
more advantageously as central services. The Fund shall be reimbursed 
from applicable discretionary resources, notwithstanding any otherwise 
applicable purpose limitations, available when services are performed or 
stock furnished, or in advance, on a basis of rates which shall include 
estimated or actual charges for personal services, materials, equipment, 
information technology, and other expenses. Charges for equipment and 
information technology shall include costs associated with maintenance, 
repair, and depreciation (including improvement and replacement).

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

[[Page 132 STAT. 388]]

    Sec. 726.  For loans and loan guarantees that do not require budget 
authority and the program level has been established in this Act, the 
Secretary of Agriculture may increase the program level for such loans 
and loan guarantees by not more than 25 percent:  Provided, That prior 
to the Secretary implementing such an increase, the Secretary notifies, 
in writing, the Committees on Appropriations of both Houses of Congress 
at least 15 days in advance.
    Sec. 727.  None of the credit card refunds or rebates transferred to 
the Working Capital Fund pursuant to section 729 of the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be 
available for obligation without written notification to, and the prior 
approval of, the Committees on Appropriations of both Houses of 
Congress:  Provided, That the refunds or rebates so transferred shall be 
available for obligation only for the acquisition of plant and capital 
equipment necessary for the delivery of financial, administrative, and 
information technology services of primary benefit to the agencies of 
the Department of Agriculture.
    Sec. 728.  None of the funds made available by this Act may be used 
to implement, administer, or enforce the ``variety'' requirements of the 
final rule entitled ``Enhancing Retailer Standards in the Supplemental 
Nutrition Assistance Program (SNAP)'' published by the Department of 
Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 
90675) until the Secretary of Agriculture amends the definition of the 
term ``variety'' as de fined in section 278.1(b)(1)(ii)(C) of title 7, 
Code of Federal Regulations, and ``variety'' as applied in the 
definition of the term ``staple food'' as defined in section 271.2 of 
title 7, Code of Federal Regulations, to increase the number of items 
that qualify as acceptable varieties in each staple food category so 
that the total number of such items in each staple food category exceeds 
the number of such items in each staple food category included in the 
final rule as published on December 15, 2016:  Provided, That until the 
Secretary promulgates such regulatory amendments, the Secretary shall 
apply the requirements regarding acceptable varieties and breadth of 
stock to Supplemental Nutrition Assistance Program retailers that were 
in effect on the day before the date of the enactment of the 
Agricultural Act of 2014 (Public Law 113-79).
    Sec. 729.  None of the funds made available by this Act or any other 
Act may be used--
            (1) in contravention of section 7606 of the Agricultural Act 
        of 2014 (7 U.S.C. 5940); or
            (2) to prohibit the transportation, processing, sale, or use 
        of industrial hemp, or seeds of such plant, that is grown or 
        cultivated in accordance with subsection section 7606 of the 
        Agricultural Act of 2014, within or outside the State in which 
        the industrial hemp is grown or cultivated.

    Sec. 730.  Funds provided by this or any prior Appropriations Act 
for the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) 
shall be made available without regard to section 7128 of the 
Agricultural Act of 2014 (7 U.S.C. 3371 note), under the matching 
requirements in laws in effect on the date before the date of enactment 
of such section:  Provided, That the requirements of 7 U.S.C. 450i(b)(9) 
shall continue to apply.

[[Page 132 STAT. 389]]

    Sec. 731.  For tree assistance payments under section 1501(e) of the 
Agricultural Act of 2014 (7 U.S.C. 9081(e)) to eligible orchardists or 
nursery tree growers (as defined in such section) of pecan trees with a 
tree mortality rate that exceeds 7.5 percent (adjusted for normal 
mortality) and is less than 15 percent (adjusted for normal mortality), 
$15,000,000, to be available until expended, for losses incurred during 
the period beginning January 1, 2017 and ending December 31, 2017.
    Sec. 732.  In carrying out subsection (h) of section 502 of the 
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall 
have the same authority with respect to loans guaranteed under such 
section and eligible lenders for such loans as the Secretary has under 
subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p-2) 
with respect to loans guaranteed under such section 538 and eligible 
lenders for such loans.
    Sec. 733.  None of the funds made available by this Act may be used 
to propose, promulgate, or implement any rule, or take any other action 
with respect to, allowing or requiring information intended for a 
prescribing health care professional, in the case of a drug or 
biological product subject to section 503(b)(1) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such 
professional electronically (in lieu of in paper form) unless and until 
a Federal law is enacted to allow or require such distribution.
    Sec. 734.  None of the funds made available by this Act may be used 
to notify a sponsor or otherwise acknowledge receipt of a submission for 
an exemption for investigational use of a drug or biological product 
under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42 
U.S.C. 262(a)(3)) in research in which a human embryo is intentionally 
created or modified to include a heritable genetic modification. Any 
such submission shall be deemed to have not been received by the 
Secretary, and the exemption may not go into effect.
    Sec. 735.  None of the funds made available by this or any other Act 
may be used to carry out the final rule promulgated by the Food and Drug 
Administration and put into effect November 16, 2015, in regards to the 
hazard analysis and risk-based preventive control requirements of the 
current good manufacturing practice, hazard analysis, and risk-based 
preventive controls for food for animals rule with respect to the 
regulation of the production, distribution, sale, or receipt of dried 
spent grain byproducts of the alcoholic beverage production process.
    Sec. 736.  Funds made available under title II of the Food for Peace 
Act (7 U.S.C. 1721 et seq.) may only be used to provide assistance to 
recipient nations if adequate monitoring and controls, as determined by 
the Administrator, are in place to ensure that emergency food aid is 
received by the intended beneficiaries in areas affected by food 
shortages and not diverted for unauthorized or inappropriate purposes.
    Sec. 737.  There is hereby appropriated $1,996,000 to carry out 
section 1621 of Public Law 110-246.
    Sec. 738.  No partially hydrogenated oils as defined in the order 
published by the Food and Drug Administration in the Federal Register on 
June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be deemed unsafe within 
the meaning of section 409(a) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 348(a)) and no food that

[[Page 132 STAT. 390]]

is introduced or delivered for introduction into interstate commerce 
that bears or contains a partially hydrogenated oil shall be deemed 
adulterated under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act by 
virtue of bearing or containing a partially hydrogenated oil until the 
compliance date as specified in such order (June 18, 2018).
    Sec. 739.  For the cost of refinancing a loan pursuant to section 
749 of division A of Public Law 115-31, and in addition to amounts 
provided by that section, for any borrower identified by the Federal 
Financing Bank for refinancing a loan where the modification calculation 
methodology used for such refinancing pursuant to section 185 of Office 
of Management and Budget Circular No. A-11 results in a cost to the 
pilot program, $5,000,000, to remain available until expended:  
Provided, That these funds shall also be available for refinancing a 
loan pursuant to any extension or expansion of this pilot program that 
is enacted subsequent to this Act for those same borrowers.
    Sec. 740.  None of the funds made available by this Act may be used 
by the Secretary of Agriculture, acting through the Food and Nutrition 
Service, to commence any new research and evaluation projects until the 
Secretary submits to the Committees on Appropriations of both Houses of 
Congress a research and evaluation plan for fiscal year 2018, prepared 
in coordination with the Research, Education, and Economics mission area 
of the Department of Agriculture, and a period of 30 days beginning on 
the date of the submission of the plan expires to permit Congressional 
review of the plan.
    Sec. 741.  There is hereby appropriated $8,000,000, to remain 
available until expended, to carry out section 6407 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 8107a):  Provided, That the 
Secretary may allow eligible entities to offer loans to customers in any 
part of their service territory and to offer loans to replace a 
manufactured housing unit with another manufactured housing unit, if 
replacement would be more cost effective in saving energy:  Provided 
further, That funds provided in section 769 of division A, Public Law 
115-31, shall remain available until September 30, 2019.
    Sec. 742. (a) The Secretary of Agriculture shall--
            (1) conduct audits in a manner that evaluates the following 
        factors in the country or region being audited, as applicable--
                    (A) veterinary control and oversight;
                    (B) disease history and vaccination practices;
                    (C) livestock demographics and traceability;
                    (D) epidemiological separation from potential 
                sources of infection;
                    (E) surveillance practices;
                    (F) diagnostic laboratory capabilities; and
                    (G) emergency preparedness and response; and
            (2) promptly make publicly available the final reports of 
        any audits or reviews conducted pursuant to subsection (1).

    (b) This section shall be applied in a manner consistent with United 
States obligations under its international trade agreements.
    Sec. 743.  There is hereby appropriated $1,000,000 for the Secretary 
to carry out a pilot program that provides forestry inventory analysis, 
forest management and economic outcomes modelling for certain currently 
enrolled Conservation Reserve Program participants. The Secretary shall 
allow the Commodity Credit Corporation

[[Page 132 STAT. 391]]

to enter into agreements with and provide grants to qualified non-profit 
organizations dedicated to conservation, forestry and wildlife habitats, 
that also have experience in conducting accurate forest inventory 
analysis through the use of advanced, cost-effective technology. The 
Secretary shall focus the analysis on lands enrolled for at least eight 
years and located in areas with a substantial concentration of acres 
enrolled under conservation practices devoted to multiple bottomland 
hardwood tree species including CP03, CP03A, CP11, CP22, CP31 and CP40.
    Sec. 744.  None of the funds made available by this Act may be used 
to carry out any activities or incur any expense related to the issuance 
of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133), 
or the renewal of such licenses, to class B dealers who sell dogs and 
cats for use in research, experiments, teaching, or testing.
    Sec. 745.  In addition to amounts otherwise made available by this 
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is 
appropriated $4,000,000, to remain available until expended, to 
implement non-renewable agreements on eligible lands, including flooded 
agricultural lands, as determined by the Secretary, under the Water Bank 
Act (16 U.S.C. 1301-1311).
    Sec. 746. (a)(1) No Federal funds made available for this fiscal 
year for the rural water, waste water, waste disposal, and solid waste 
management programs authorized by sections 306, 306A, 306C, 306D, 306E, 
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1926 et seq.) shall be used for a project for the construction, 
alteration, maintenance, or repair of a public water or wastewater 
system unless all of the iron and steel products used in the project are 
produced in the United States.
    (2) In this section, the term ``iron and steel products'' means the 
following products made primarily of iron or steel: lined or unlined 
pipes and fittings, manhole covers and other municipal castings, 
hydrants, tanks, flanges, pipe clamps and restraints, valves, structural 
steel, reinforced precast concrete, and construction materials.
    (b) Subsection (a) shall not apply in any case or category of cases 
in which the Secretary of Agriculture (in this section referred to as 
the ``Secretary'') or the designee of the Secretary finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron and steel products are not produced in the United 
        States in sufficient and reasonably available quantities or of a 
        satisfactory quality; or
            (3) inclusion of iron and steel products produced in the 
        United States will increase the cost of the overall project by 
        more than 25 percent.

    (c) If the Secretary or the designee receives a request for a waiver 
under this section, the Secretary or the designee shall make available 
to the public on an informal basis a copy of the request and information 
available to the Secretary or the designee concerning the request, and 
shall allow for informal public input on the request for at least 15 
days prior to making a finding based on the request. The Secretary or 
the designee shall make the request and accompanying information 
available by electronic means, including on the official public Internet 
Web site of the Department.

[[Page 132 STAT. 392]]

    (d) This section shall be applied in a manner consistent with United 
States obligations under international agreements.
    (e) The Secretary may retain up to 0.25 percent of the funds 
appropriated in this Act for ``Rural Utilities Service--Rural Water and 
Waste Disposal Program Account'' for carrying out the provisions 
described in subsection (a)(1) for management and oversight of the 
requirements of this section.
    (f) Subsection (a) shall not apply with respect to a project for 
which the engineering plans and specifications include use of iron and 
steel products otherwise prohibited by such subsection if the plans and 
specifications have received required approvals from State agencies 
prior to the date of enactment of this Act.
    (g) For purposes of this section, the terms ``United States'' and 
``State'' shall include each of the several States, the District of 
Columbia, and each federally recognized Indian tribe.
    Sec. 747.  The Secretary shall set aside for Rural Economic Area 
Partnership (REAP) Zones, until August 15, 2018, an amount of funds made 
available in title III under the headings of Rural Housing Insurance 
Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing 
Assistance Grants, Rural Community Facilities Program Account, Rural 
Business Program Account, Rural Development Loan Fund Program Account, 
and Rural Water and Waste Disposal Program Account, equal to the amount 
obligated in REAP Zones with respect to funds provided under such 
headings in the most recent fiscal year any such funds were obligated 
under such headings for REAP Zones.
    Sec. 748.  For the purposes of determining eligibility or level of 
program assistance for Rural Development programs the Secretary shall 
not include incarcerated prison populations.
    Sec. 749.  There is hereby appropriated $1,000,000, to remain 
available until expended, for a pilot program for the Secretary to 
provide grants to qualified non-profit organizations and public housing 
authorities to provide technical assistance, including financial and 
legal services, to RHS multi-family housing borrowers to facilitate the 
acquisition of RHS multi-family housing properties in areas where the 
Secretary determines a risk of loss of affordable housing, by non-profit 
housing organizations and public housing authorities as authorized by 
law that commit to keep such properties in the RHS multi-family housing 
program for a period of time as determined by the Secretary.
    Sec. 750.  Beginning on the date of enactment of this Act through 
fiscal year 2019, notwithstanding any other provision of law, any fee 
issued by the State's Electronic Benefit Transfer contractor and 
subcontractors, including Affiliates of the contractor or subcontractor, 
related to the switching or routing of benefits for Department of 
Agriculture domestic food assistance programs shall be prohibited:  
Provided, That for purposes of this provision, the term ``switching'' 
means the routing of an intrastate or interstate transaction that 
consists of transmitting the details of a transaction electronically 
recorded through the use of an electronic benefit transfer card in one 
State to the issuer of the card that may be in the same or different 
State.
    Sec. 751.  None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.

[[Page 132 STAT. 393]]

    Sec. 752. (a) The Secretary of Agriculture (referred to in this 
section as the ``Secretary'') shall carry out a pilot program during 
fiscal year 2018 with respect to the 2017 crop year for county-level 
agriculture risk coverage payments under section 1117(b)(1) of the 
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), that provides all or 
some of the State Farm Service Agency offices in each State the 
opportunity to provide agricultural producers in the State a 
supplemental payment described in subsection (c) based on the alternate 
calculation method described in subsection (b) for 1 or more counties in 
a State if the office for that State determines that the alternate 
calculation method is necessary to ensure that, to the maximum extent 
practicable, there are not significant yield calculation disparities 
between comparable counties in the State.
    (b) The alternate calculation method referred to in subsection (a) 
is a method of calculating the actual yield for the 2017 crop year for 
county-level agriculture risk coverage payments under section 1117(b)(1) 
of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), under which--
            (1) county data of the National Agricultural Statistics 
        Service (referred to in this section as ``NASS data'') is used 
        for the calculations;
            (2) if there is insufficient NASS data for a county (as 
        determined under standards of the Secretary in effect as of the 
        date of enactment of this Act) or the available NASS data 
        produces a substantially disparate result, the calculation of 
        the county yield is determined using comparable contiguous 
        county NASS data as determined by the Farm Service Agency office 
        in the applicable State; and
            (3) if there is insufficient NASS data for a comparable 
        contiguous county (as determined under standards of the 
        Secretary in effect as of the date of enactment of this Act), 
        the calculation of the county yield is determined using reliable 
        yield data from other sources, such as Risk Management Agency 
        data, National Agricultural Statistics Service district data, 
        National Agricultural Statistics Service State yield data, or 
        other data as determined by the Farm Service Agency office in 
        the applicable State.

    (c)(1) A supplemental payment made under the pilot program 
established under this section may be made to an agricultural producer 
who is subject to the alternate calculation method described in 
subsection (b) if that agricultural producer would otherwise receive a 
county-level agriculture risk coverage payment for the 2017 crop year in 
an amount that is less than the payment that the agricultural producer 
would receive under the alternate calculation method.
    (2) The amount of a supplemental payment to an agricultural producer 
under this section may not exceed the difference between--
            (A) the payment that the agricultural producer would have 
        received without the alternate calculation method described in 
        subsection (b); and
            (B) the payment that the agricultural producer would receive 
        using the alternate calculation method.

    (d)(1) There is appropriated to the Secretary, out of funds of the 
Treasury not otherwise appropriated, $5,000,000, to remain available 
until September 30, 2019, to carry out the pilot program described in 
this section.

[[Page 132 STAT. 394]]

    (2) Of the funds appropriated, the Secretary shall use not more than 
$5,000,000 to carry out the pilot program described in this section.
    (e)(1) To the maximum extent practicable, the Secretary shall select 
States to participate in the pilot program under this section so the 
cost of the pilot program equals the amount provided under subsection 
(d).
    (2) To the extent that the cost of the pilot program exceeds the 
amount made available, the Secretary shall reduce all payments under the 
pilot program on a pro rata basis.
    (f) Nothing in this section affects the calculation of actual yield 
for purposes of county-level agriculture risk coverage payments under 
section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)) 
other than payments made in accordance with the pilot program under this 
section.
    (g) A calculation of actual yield made using the alternate 
calculation method described in subsection (b) shall not be used as a 
basis for any agriculture risk coverage payment determinations under 
section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) other than 
for purposes of the pilot program under this section.
    Sec. 753.  For an additional amount for ``National Institute of Food 
and Agriculture--Research and Education Activities'', $6,000,000, to be 
available until expended, for relocation expenses and for the alteration 
and repair of leased buildings and improvements pursuant to 7 U.S.C. 
2250:  Provided, That not later than 60 days after enactment of this 
Act, the Secretary of Agriculture shall submit a report to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the planned uses of this funding.
    Sec. 754.  The Secretary of Agriculture and the Secretary's 
designees are hereby granted the same access to information and subject 
to the same requirements applicable to the Secretary of Housing and 
Urban Development as provided in section 453 of the Social Security Act 
(42 U.S.C. 653) and section 6103(1)(7)(D)(ix) of the Internal Revenue 
Code of 1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to verify the income for 
individuals participating in sections 502, 504, 521, and 524 of the 
Housing Act of 1949 (42 U.S.C. 1972, 1474, 1490a, and 1490r), 
notwithstanding section 453(l)(1) of the Social Security Act.
    Sec. 755.  In addition to amounts otherwise made available by this 
Act under the heading ``Domestic Food Programs--Food and Nutrition 
Services--Child Nutrition Programs'', there is appropriated $2,000,000, 
to remain available until September 30, 2019, to allow allied 
professional associations to develop a training program for school 
nutrition personnel that focuses on school food service meal preparation 
and workforce development.
    Sec. 756.  None of the funds made available by this Act may be used 
to procure raw or processed poultry products imported into the United 
States from the People's Republic of China for use in the school lunch 
program under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under 
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service Program 
for Children under section 13 of such Act (42 U.S.C. 1761), or the 
school breakfast program under the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.).

[[Page 132 STAT. 395]]

    Sec. 757.  In response to an eligible community where the drinking 
water supplies are inadequate due to a natural disaster, as determined 
by the Secretary, including drought or severe weather, the Secretary may 
provide potable water through the Emergency Community Water Assistance 
Grant Program for an additional period of time not to exceed 120 days 
beyond the established period provided under the Program in order to 
protect public health.
    Sec. 758.  Section 502(i) of the Housing Act of 1949 (42 U.S.C. 
1472(i)), is amended by striking paragraph (1) and inserting the 
following:
            ``(1) Authority; maximum amount.--To the extent provided in 
        advance in appropriations Acts, the Secretary may assess and 
        collect a fee for a lender to access the automated underwriting 
        systems of the Department in connection with such lender's 
        participation in the single family loan program under this 
        section and only in an amount necessary to cover the costs of 
        information technology enhancements, improvements, maintenance, 
        and development for automated underwriting systems used in 
        connection with the single family loan program under this 
        section, except that such fee shall not exceed $50 per loan.''.

    Sec. 759.  Of the total amounts made available by this Act for 
direct loans and grants in the following headings: ``Rural Housing 
Service--Rural Housing Insurance Fund Program Account''; ``Rural Housing 
Service--Mutual and Self-Help Housing Grants''; ``Rural Economic 
Infrastructure Grants''; ``Rural Housing Service--Rural Community 
Facilities Program Account''; ``Rural Business-Cooperative Service--
Rural Business Program Account''; ``Rural Business-Cooperative Service--
Rural Economic Development Loans Program Account''; ``Rural Business-
Cooperative Service--Rural Cooperative Development Grants''; ``Rural 
Utilities Service--Rural Water and Waste Disposal Program Account''; and 
``Rural Utilities Service--Rural Electrification and Telecommunications 
Loans Program Account'', at least 10 percent of the funds shall be 
allocated for assistance in persistent poverty counties under this 
section, including, notwithstanding any other provision regarding 
population limits, any county seat of such a persistent poverty county 
that has a population that does not exceed the authorized population 
limit by more than 10 percent:  Provided, That for purposes of this 
section, the term ``persistent poverty counties'' means any county that 
has had 20 percent or more of its population living in poverty over the 
past 30 years, as measured by the 1980, 1990, and 2000 decennial 
censuses, and 2007-2011 American Community Survey 5-year average:  
Provided further, That with respect to specific activities for which 
program levels have been made available by this Act that are not 
supported by budget authority, the requirements of this section shall be 
applied to such program level.
    Sec. 760. (a) No funds shall be used to finalize the proposed rule 
entitled ``Eligibility of the People's Republic of China (PRC) to Export 
to the United States Poultry Products from Birds Slaughtered in the 
PRC'' published in the Federal Register by the Department of Agriculture 
on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary of 
Agriculture shall--
            (1) ensure that the poultry slaughter inspection system for 
        the PRC is equivalent to that of the United States;

[[Page 132 STAT. 396]]

            (2) ensure that, before any poultry products can enter the 
        United States from any such poultry plant, such poultry products 
        comply with all other applicable requirements for poultry 
        products in interstate commerce in the United States;
            (3) conduct periodic verification reviews and audits of any 
        such plants in the PRC intending to export into the United 
        States processed poultry products;
            (4) conduct re-inspection of such poultry products at United 
        States ports-of-entry to check the general condition of such 
        products, for the proper certification and labeling of such 
        products, and for any damage to such products that may have 
        occurred during transportation; and
            (5) ensure that shipments of any such poultry products 
        selected to enter the United States are subject to additional 
        re-inspection procedures at appropriate levels to verify that 
        the products comply with relevant Federal regulations or 
        standards, including examinations for product defects and 
        laboratory analyses to detect harmful chemical residues or 
        pathogen testing appropriate for the products involved.

    (b) This section shall be applied in a manner consistent with 
obligations of the United States under any trade agreement to which the 
United States is a party.
    Sec. 761. (a) Section 2 of the Watershed Protection and Flood 
Prevention Act (16 U.S.C. 1002) is amended in the matter following 
paragraph (3) by striking ``$5,000,000'' and inserting ``$25,000,000''.
    (b) Section 5 of the Watershed Protection and Flood Prevention Act 
(16 U.S.C. 1005) is amended--
            (1) in paragraph (3), by striking ``$5,000,000'' and 
        inserting ``$25,000,000''; and
            (2) in paragraph (4), by striking ``$5,000,000'' and 
        inserting ``$25,000,000''.

    Sec. 762.  In addition to funds appropriated in this Act, there is 
hereby appropriated $116,000,000, to remain available until expended, 
under the heading ``Food for Peace Title II Grants'':  Provided, That 
the funds made available under this section shall be used for the 
purposes set forth in the Food for Peace Act for both emergency and non-
emergency purposes.
    Sec. 763.  In addition to any other funds made available in this Act 
or any other Act, there is appropriated $5,000,000 to carry out section 
18(g)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 
1769(g)), to remain available until expended.
    Sec. 764.  None of the funds made available by this Act may be used 
by the Food and Drug Administration to develop, issue, promote, or 
advance any regulations applicable to food manufacturers for population-
wide sodium reduction actions or to develop, issue, promote or advance 
final guidance applicable to food manufacturers for long term 
population-wide sodium reduction actions until the date on which a 
dietary reference intake report with respect to sodium is completed.
    Sec. 765.  Pursuant to section 185 of Public Law 114-223 (as added 
by Public Law 114-254 (130 Stat. 1018)), the Secretary of Agriculture 
may provide financial and technical assistance to remove and dispose of 
debris and sediment that could adversely affect health and safety on 
non-Federal land in a flood-affected county or parish:  Provided, That 
such assistance may be used to restore pre-disaster hydraulic capacity 
of the watershed:  Provided

[[Page 132 STAT. 397]]

further, That such assistance may not be used to correct an operation 
and maintenance issue that existed prior to the disaster.
    Sec. 766.  Section 1244 of the Food Security Act of 1985 (16 U.S.C. 
3844) is amended by adding at the end the following:
    ``(m) Exemption From Certain Reporting Requirements.--
            ``(1) Definition of exempted producer.--In this subsection, 
        the term `exempted producer' means a producer or landowner 
        eligible to participate in any conservation program administered 
        by the Secretary.
            ``(2) Exemption.--Notwithstanding the Federal Funding 
        Accountability and Transparency Act of 2006 (Public Law 109-282; 
        31 U.S.C. 6101 note), the requirements of parts 25 and 170 of 
        title 2, Code of Federal Regulations (and any successor 
        regulations), shall not apply with respect to assistance 
        received by an exempted producer from the Secretary, acting 
        through the Natural Resources Conservation Service.''.

    Sec. 767.  There is hereby appropriated $600,000 for the purposes of 
section 727 of division A of Public Law 112-55.
    Sec. 768.  None of the funds made available by this Act may be used 
in contravention of--
            (1) section 9(b)(10) of the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1758(b)(10)); or
            (2) section 245.8 of title 7, Code of Federal Regulations.

    Sec. 769.  There is hereby appropriated $1,000,000, to remain 
available until September 30, 2019, for the cost of loans and grants 
that is consistent with section 4206 of the Agricultural Act of 2014, 
for necessary expenses of the Secretary to support projects that provide 
access to healthy food in underserved areas, to create and preserve 
quality jobs, and to revitalize low-income communities.
    Sec. 770.  During fiscal year 2018, the Food and Drug Administration 
shall not allow the introduction or delivery for introduction into 
interstate commerce of any food that contains genetically engineered 
salmon until the FDA publishes final labeling guidelines for informing 
consumers of such content.
    Sec. 771.  For an additional amount for ``Animal and Plant Health 
Inspection Service--Salaries and Expenses'', $7,500,000, to remain 
available until September 30, 2019, for one-time control and management 
and associated activities directly related to the multiple-agency 
response to citrus greening.
    Sec. 772. (a) The Department of Agriculture Reorganization Act of 
1994 (7 U.S.C. 6931) is amended--
            (1) by striking ``Subtitle B--Farm and Foreign Agricultural 
        Services'' and inserting ``Subtitle B--Farm Production and 
        Conservation''; and
            (2) by revising section 225 to read as follows:

``SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND 
            CONSERVATION.

    ``(a) Authorization.--The Secretary is authorized to establish in 
the Department the position of Under Secretary of Agriculture for Farm 
Production and Conservation.
    ``(b) Confirmation Required.--If the Secretary establishes the 
position of Under Secretary of Agriculture for Farm Production and 
Conservation authorized under subsection (a), the Under Secretary shall 
be appointed by the President, by and with the advice and consent of the 
Senate.

[[Page 132 STAT. 398]]

    ``(c) Functions of Undersecretary.--The Under Secretary of 
Agriculture for Farm Production and Conservation shall perform such 
functions and duties as the Secretary shall prescribe.
    ``(d) Succession.--Any official who is serving as Under Secretary of 
Agriculture for Farm and Foreign Agricultural Services on the date of 
the enactment of this Act and who was appointed by the President, by and 
with the advice and consent of the Senate, shall not be required to be 
reappointed under subsection (b) to the successor position authorized 
under subsection (a).''.
    (b) Section 5314 of title 5, United States Code, is amended by 
striking ``Under Secretary of Agriculture for Farm and Foreign 
Agricultural Services.'' and inserting ``Under Secretary of Agriculture 
for Farm Production and Conservation.'' and ``Under Secretary of 
Agriculture for Trade and Foreign Agricultural Affairs.''.
    Sec. 773.  None of the funds made available by this or any other Act 
may be used to enforce the final rule promulgated by the Food and Drug 
Administration entitled ``Standards for the Growing, Harvesting, 
Packing, and Holding of Produce for Human Consumption,'' and published 
on November 27, 2015, with respect to the regulation of the production, 
distribution, sale, or receipt of grape varietals that are grown, 
harvested and used solely for wine and receive commercial processing 
that adequately reduces the presence of microorganisms of public health 
significance.
    Sec. 774.  None of the funds made available by this Act may be used 
to revoke an exception made--
            (1) pursuant to the rule entitled ``Exceptions to Geographic 
        Areas for Official Agencies Under the USGSA'' published by the 
        Department of Agriculture in the Federal Register on April 18, 
        2003 (68 Fed. Reg. 19137, 19139); and
            (2) on a date before April 14, 2017.

    Sec. 775.  There is hereby appropriated $20,000,000, to remain 
available until expended, for an additional amount for telemedicine and 
distance learning services in rural areas, as authorized by 7 U.S.C 
950aaa et seq., to help address the opioid epidemic in rural America.
    Sec. 776.  For school year 2018-2019, only a school food authority 
that had a negative balance in the nonprofit school food service account 
as of January 31, 2018, shall be required to establish a price for paid 
lunches in accordance with Section 12(p) of the Richard B. Russell 
National School Lunch Act, 42 U.S.C. 1760(p).
    Sec. 777.  There is hereby appropriated $5,000,000, to remain 
available until September 30, 2019, for a pilot program for the National 
Institute of Food and Agriculture to provide grants to nonprofit 
organizations for programs and services to establish and enhance farming 
and ranching opportunities for military veterans.
    Sec. 778.  For an additional amount for ``Department of Health and 
Human Services--Food and Drug Administration--Salaries and Expenses'', 
$94,000,000, to remain available until expended, in addition to amounts 
otherwise made available for necessary expenses of processing opioid and 
other articles imported or offered for import through international mail 
facilities of the U.S. Postal Service:  Provided, That such additional 
amounts shall also be available for expanding and enhancing inspection 
capacity related to such processing activity (including but not limited 
to increasing staffing, obtaining necessary equipment and supplies, and 
expanding and upgrading infrastructure, laboratory facilities, and data 
libraries):  Provided further, That amounts appropriated under this 
section

[[Page 132 STAT. 399]]

shall be in addition to amounts otherwise made available for research 
and criminal investigations related to such import articles, and be 
available for enhancing such research and investigations:  Provided 
further, That the Secretary of Health and Human Services shall provide 
quarterly reports to the Committees on Appropriations of the House and 
Senate on the obligation of amounts appropriated under this section.
    Sec. 779.  For an additional amount for ``Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'', $600,000,000, 
to remain available until expended, for the Secretary of Agriculture to 
conduct a new broadband loan and grant pilot program under the Rural 
Electrification Act of 1936 (7 U.S.C. 901 et seq.):  Provided, That for 
the purpose of the new pilot program, the authorities provided in such 
Act shall include the authority to make grants for such purposes, as 
described in section 601(a) of such Act:  Provided further, That the 
cost of direct loans shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That at least 90 
percent of the households to be served by a project receiving a loan or 
grant under the pilot program shall be in a rural area without 
sufficient access to broadband, defined for this pilot program as 10 
Mbps downstream, and 1 Mbps upstream, which shall be reevaluated and 
redetermined, as necessary, on an annual basis by the Secretary of 
Agriculture:  Provided further, That an entity to which a loan or grant 
is made under the pilot program shall not use the loan or grant to 
overbuild or duplicate broadband expansion efforts made by any entity 
that has received a broadband loan from the Rural Utilities Service:  
Provided further, That in addition to other available funds, not more 
than four percent of the funds can be used for administrative costs to 
carry out this pilot program and up to three percent may be utilized for 
technical assistance and pre-development planning activities to support 
the most rural communities, which shall be transferred to and merged 
with the appropriation for ``Rural Development, Salaries and Expenses'': 
 Provided further, That the Rural Utility Service is directed to 
expedite program delivery methods that would implement this section:  
Provided further, That for purposes of this section, the Secretary shall 
adhere to the notice, reporting and service area assessment requirements 
set forth in sections 6104(a)(2)(D) and 6104(a)(2)(E) of the 
Agricultural Act of 2014 (7 U.S.C. 950bb(d)(5), and 950bb(d)(8) and 
950bb(d)(10)).
    Sec. 780.  For an additional amount for the cost of direct loans and 
grants made under the ``Rural Water and Waste Disposal Program 
Account'', $500,000,000, to remain available until expended, of which 
not to exceed $495,000,000 shall be for grants.
    Sec. 781.  The Secretary of Agriculture and the Commissioner of Food 
and Drugs shall--
            (1) post on a public Website in a searchable format 
        information on competitive grant awards made using funds made 
        available under an appropriations Act (other than funds 
        appropriated to the Commodity Credit Corporation, the Forest 
        Service, or funds provided under the heading ``Food for Peace 
        Title II Grants'') that includes, with respect to each such 
        award, the Congressional District corresponding to the State, 
        District, Tribal jurisdiction, or territory of the United States 
        in which the recipient of the funds is geographically located; 
        and

[[Page 132 STAT. 400]]

            (2) not provide advance notification of such grant awards to 
        any person outside of the Department of Agriculture or the Food 
        and Drug Administration except potential awardees, until such 
        information is posted, as described in paragraph (1).

    Sec. 782.  None of the funds made available by this Act may be used 
to pay the salaries or expenses of personnel--
            (1) to inspect horses under section 3 of the Federal Meat 
        Inspection Act (21 U.S.C. 603);
            (2) to inspect horses under section 903 of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 
        note; Public Law 104-127); or
            (3) to implement or enforce section 352.19 of title 9, Code 
        of Federal Regulations (or a successor regulation).

    Sec. 783.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries and 
expenses of personnel to carry out the Biomass Crop Assistance Program 
authorized by section 9011 of the Farm Security and Rural Investment Act 
of 2002 (7 U.S.C. 8111).
    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2018''.

   DIVISION <<NOTE: Commerce, Justice, Science, and Related Agencies 
  Appropriations Act, 2018. Department of Commerce Appropriations Act, 
      2018.>>  B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2018

                                 TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to sections 3702 and 3703 of title 44, 
United States Code; full medical coverage for dependent members of 
immediate families of employees stationed overseas and employees 
temporarily posted overseas; travel and transportation of employees of 
the International Trade Administration between two points abroad, 
without regard to section 40118 of title 49, United States Code; 
employment of citizens of the United States and aliens by contract for 
services; rental of space abroad for periods not exceeding 10 years, and 
expenses of alteration, repair, or improvement; purchase or construction 
of temporary demountable exhibition structures for use abroad; payment 
of tort claims, in the manner authorized in the first paragraph of 
section 2672 of title 28, United States Code, when such claims arise in 
foreign countries; not to exceed $294,300 for official representation 
expenses abroad; purchase of passenger motor vehicles for official use 
abroad, not to exceed $45,000 per vehicle; obtaining insurance on 
official motor vehicles; and rental of tie lines, $495,000,000, to 
remain available until September 30, 2019, of which $13,000,000 is to be 
derived from fees to be retained and used by the International Trade 
Administration, notwithstanding section 3302 of

[[Page 132 STAT. 401]]

title 31, United States Code:  Provided, That, of amounts provided under 
this heading, not less than $16,400,000 shall be for China antidumping 
and countervailing duty enforcement and compliance activities:  Provided 
further, That the provisions of the first sentence of section 105(f) and 
all of section 108(c) of the Mutual Educational and Cultural Exchange 
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out 
these activities; and that for the purpose of this Act, contributions 
under the provisions of the Mutual Educational and Cultural Exchange Act 
of 1961 shall include payment for assessments for services provided as 
part of these activities.

                     Bureau of Industry and Security

                      operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of citizens of the United States and aliens by contract for 
services abroad; payment of tort claims, in the manner authorized in the 
first paragraph of section 2672 of title 28, United States Code, when 
such claims arise in foreign countries; not to exceed $13,500 for 
official representation expenses abroad; awards of compensation to 
informers under the Export Administration Act of 1979, and as authorized 
by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 
401(b)); and purchase of passenger motor vehicles for official use and 
motor vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $113,500,000, to remain available until expended:  
Provided, That the provisions of the first sentence of section 105(f) 
and all of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in 
carrying out these activities:  Provided further, That payments and 
contributions collected and accepted for materials or services provided 
as part of such activities may be retained for use in covering the cost 
of such activities, and for providing information to the public with 
respect to the export administration and national security activities of 
the Department of Commerce and other export control programs of the 
United States and other governments.

                   Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, for trade adjustment 
assistance, and for grants authorized by section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), $262,500,000, 
to remain available until expended, of which $21,000,000 shall be for 
grants under such section 27.

                          salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $39,000,000:

[[Page 132 STAT. 402]]

 Provided, That these funds may be used to monitor projects approved 
pursuant to title I of the Public Works Employment Act of 1976, title II 
of the Trade Act of 1974, section 27 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3722), and the Community Emergency 
Drought Relief Act of 1977.

                  Minority Business Development Agency

                      minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $39,000,000.

                    Economic and Statistical Analysis

                          salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$99,000,000, to remain available until September 30, 2019.

                          Bureau of the Census

                      current surveys and programs

    For necessary expenses for collecting, compiling, analyzing, 
preparing and publishing statistics, provided for by law, $270,000,000:  
Provided, That, from amounts provided herein, funds may be used for 
promotion, outreach, and marketing activities:  Provided further, That 
the Bureau of the Census shall collect and analyze data for the Annual 
Social and Economic Supplement to the Current Population Survey using 
the same health insurance questions included in previous years, in 
addition to the revised questions implemented in the Current Population 
Survey beginning in February 2014.

                     periodic censuses and programs

                      (including transfer of funds)

    For necessary expenses for collecting, compiling, analyzing, 
preparing and publishing statistics for periodic censuses and programs 
provided for by law, $2,544,000,000, to remain available until September 
30, 2020:  Provided, That, from amounts provided herein, funds may be 
used for promotion, outreach, and marketing activities:  Provided 
further, That within the amounts appropriated, $2,580,000 shall be 
transferred to the ``Office of Inspector General'' account for 
activities associated with carrying out investigations and audits 
related to the Bureau of the Census:  Provided further, That not more 
than 50 percent of the amounts made available under this heading for 
information technology related to 2020 census delivery, including the 
Census Enterprise Data Collection and Processing (CEDCaP) program, may 
be obligated until the Secretary updates the previous expenditure plan 
and resubmits to the Committees on Appropriations of the House of 
Representatives and the Senate a plan for expenditure that: (1) 
identifies

[[Page 132 STAT. 403]]

for each CEDCaP project/investment over $25,000: (A) the functional and 
performance capabilities to be delivered and the mission benefits to be 
realized; (B) an updated estimated lifecycle cost, including cumulative 
expenditures to date by fiscal year, and all revised estimates for 
development, maintenance, and operations; (C) key milestones to be met; 
and (D) impacts of cost variances on other Census programs; (2) details 
for each project/investment: (A) reasons for any cost and schedule 
variances; and (B) top risks and mitigation strategies; and (3) has been 
submitted to the Government Accountability Office.

       National Telecommunications and Information Administration

                          salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $39,500,000, 
to remain available until September 30, 2019:  Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, operations, and related services, and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended:  Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from other 
Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended:  Provided 
further, That $7,500,000 shall be to update the national broadband 
availability map in coordination with the Federal Communications 
Commission and using partnerships previously developed with the States.

     public telecommunications facilities, planning and construction

    For the administration of prior-year grants, recoveries and 
unobligated balances of funds previously appropriated are available for 
the administration of all open grants until their expiration.

                United States Patent and Trademark Office

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the United States Patent and Trademark 
Office (USPTO) provided for by law, including defense of suits 
instituted against the Under Secretary of Commerce for Intellectual 
Property and Director of the USPTO, $3,500,000,000, to remain available 
until expended:  Provided, That the sum herein appropriated from the 
general fund shall be reduced as offsetting collections of fees and 
surcharges assessed and collected by the USPTO under any law are 
received during fiscal year 2018, so as to result in a fiscal year 2018 
appropriation from the general

[[Page 132 STAT. 404]]

fund estimated at $0:  Provided further, That during fiscal year 2018, 
should the total amount of such offsetting collections be less than 
$3,500,000,000 this amount shall be reduced accordingly:  Provided 
further, That any amount received in excess of $3,500,000,000 in fiscal 
year 2018 and deposited in the Patent and Trademark Fee Reserve Fund 
shall remain available until expended:  Provided further, That the 
Director of USPTO shall submit a spending plan to the Committees on 
Appropriations of the House of Representatives and the Senate for any 
amounts made available by the preceding proviso and such spending plan 
shall be treated as a reprogramming under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, That any amounts reprogrammed in accordance with the preceding 
proviso shall be transferred to the United States Patent and Trademark 
Office ``Salaries and Expenses'' account:  Provided further, That from 
amounts provided herein, not to exceed $900 shall be made available in 
fiscal year 2018 for official reception and representation expenses:  
Provided further, That in fiscal year 2018 from the amounts made 
available for ``Salaries and Expenses'' for the USPTO, the amounts 
necessary to pay (1) the difference between the percentage of basic pay 
contributed by the USPTO and employees under section 8334(a) of title 5, 
United States Code, and the normal cost percentage (as defined by 
section 8331(17) of that title) as provided by the Office of Personnel 
Management (OPM) for USPTO's specific use, of basic pay, of employees 
subject to subchapter III of chapter 83 of that title, and (2) the 
present value of the otherwise unfunded accruing costs, as determined by 
OPM for USPTO's specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees who are 
enrolled in Federal Employees Health Benefits (FEHB) and Federal 
Employees Group Life Insurance (FEGLI), shall be transferred to the 
Civil Service Retirement and Disability Fund, the FEGLI Fund, and the 
FEHB Fund, as appropriate, and shall be available for the authorized 
purposes of those accounts:  Provided further, That any differences 
between the present value factors published in OPM's yearly 300 series 
benefit letters and the factors that OPM provides for USPTO's specific 
use shall be recognized as an imputed cost on USPTO's financial 
statements, where applicable:  Provided further, That, notwithstanding 
any other provision of law, all fees and surcharges assessed and 
collected by USPTO are available for USPTO only pursuant to section 
42(c) of title 35, United States Code, as amended by section 22 of the 
Leahy-Smith America Invents Act (Public Law 112-29):  Provided further, 
That within the amounts appropriated, $1,000,000 shall be transferred to 
the ``Office of Inspector General'' account for activities associated 
with carrying out investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

                      (including transfer of funds)

    For necessary expenses of the National Institute of Standards and 
Technology (NIST), $724,500,000, to remain available until

[[Page 132 STAT. 405]]

expended, of which not to exceed $9,000,000 may be transferred to the 
``Working Capital Fund'':  Provided, That not to exceed $20,000 shall be 
for official reception and representation expenses:  Provided further, 
That NIST may provide local transportation for summer undergraduate 
research fellowship program participants.

                     industrial technology services

    For necessary expenses for industrial technology services, 
$155,000,000, to remain available until expended, of which $140,000,000 
shall be for the Hollings Manufacturing Extension Partnership, and of 
which $15,000,000 shall be for the National Network for Manufacturing 
Innovation (also known as ``Manufacturing USA'').

                   construction of research facilities

    For construction of new research facilities, including architectural 
and engineering design, and for renovation and maintenance of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by sections 13 through 15 of the 
National Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $319,000,000, to remain available until expended:  Provided, 
That <<NOTE: 15 USC 1513b note.>>  the Secretary of Commerce shall 
include in the budget justification materials that the Secretary submits 
to Congress in support of the Department of Commerce budget (as 
submitted with the budget of the President under section 1105(a) of 
title 31, United States Code) an estimate for each National Institute of 
Standards and Technology construction project having a total multi-year 
program cost of more than $5,000,000, and simultaneously the budget 
justification materials shall include an estimate of the budgetary 
requirements for each such project for each of the 5 subsequent fiscal 
years.

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                      (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; pilot programs for state-
led fisheries management, notwithstanding any other provision of law; 
grants, contracts, or other payments to nonprofit organizations for the 
purposes of conducting activities pursuant to cooperative agreements; 
and relocation of facilities, $3,536,331,000, to remain available until 
September 30, 2019, except that funds provided for cooperative 
enforcement shall remain available until September 30, 2020:  Provided, 
That fees and donations received by the National Ocean Service for the 
management of national marine sanctuaries may be retained and used for 
the salaries and expenses associated with those activities, 
notwithstanding section 3302 of title 31, United States Code:  Provided 
further, That in addition, $144,000,000 shall be derived by transfer 
from the fund entitled ``Promote and Develop Fishery Products and 
Research Pertaining to American Fisheries'', which shall only be used 
for fishery activities related to the Saltonstall-Kennedy

[[Page 132 STAT. 406]]

Grant Program, Cooperative Research, Annual Stock Assessments, Survey 
and Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish 
Information Networks:  Provided further, That of the $3,697,831,000 
provided for in direct obligations under this heading, $3,536,331,000 is 
appropriated from the general fund, $144,000,000 is provided by 
transfer, and $17,500,000 is derived from recoveries of prior year 
obligations:  Provided further, That any deviation from the amounts 
designated for specific activities in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act), or any use of deobligated balances of funds provided 
under this heading in previous years, shall be subject to the procedures 
set forth in section 505 of this Act:  Provided further, That in 
addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.

                procurement, acquisition and construction

                      (including transfer of funds)

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic and 
Atmospheric Administration, $2,290,684,000, to remain available until 
September 30, 2020, except that funds provided for acquisition and 
construction of vessels and construction of facilities shall remain 
available until expended:  Provided, That of the $2,303,684,000 provided 
for in direct obligations under this heading, $2,290,684,000 is 
appropriated from the general fund and $13,000,000 is provided from 
recoveries of prior year obligations:  Provided further, That any 
deviation from the amounts designated for specific activities in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), or any use of deobligated balances 
of funds provided under this heading in previous years, shall be subject 
to the procedures set forth in section 505 <<NOTE: 15 USC 1513a note.>>  
of this Act:  Provided further, That the Secretary of Commerce shall 
include in budget justification materials that the Secretary submits to 
Congress in support of the Department of Commerce budget (as submitted 
with the budget of the President under section 1105(a) of title 31, 
United States Code) an estimate for each National Oceanic and 
Atmospheric Administration procurement, acquisition or construction 
project having a total of more than $5,000,000 and simultaneously the 
budget justification shall include an estimate of the budgetary 
requirements for each such project for each of the 5 subsequent fiscal 
years:  Provided further, That, within the amounts appropriated, 
$1,302,000 shall be transferred to the ``Office of Inspector General'' 
account for activities associated with carrying out investigations and 
audits related to satellite procurement, acquisition and construction.

                     pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $65,000,000, to remain available until September 30, 
2019:  Provided, That, of the funds provided herein,

[[Page 132 STAT. 407]]

the Secretary of Commerce may issue grants to the States of Washington, 
Oregon, Idaho, Nevada, California, and Alaska, and to the Federally 
recognized tribes of the Columbia River and Pacific Coast (including 
Alaska), for projects necessary for conservation of salmon and steelhead 
populations that are listed as threatened or endangered, or that are 
identified by a State as at-risk to be so listed, for maintaining 
populations necessary for exercise of tribal treaty fishing rights or 
native subsistence fishing, or for conservation of Pacific coastal 
salmon and steelhead habitat, based on guidelines to be developed by the 
Secretary of Commerce:  Provided further, That all funds shall be 
allocated based on scientific and other merit principles and shall not 
be available for marketing activities:  Provided further, That funds 
disbursed to States shall be subject to a matching requirement of funds 
or documented in-kind contributions of at least 33 percent of the 
Federal funds.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $349,000, to be derived from receipts collected pursuant 
to that Act, to remain available until expended.

                       fishery disaster assistance

    For the necessary expenses associated with the mitigation of fishery 
disasters, $20,000,000 to remain available until expended:  Provided, 
That funds shall be used for mitigating the effects of commercial 
fishery failures and fishery resource disasters as declared by the 
Secretary of Commerce.

                    fisheries finance program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2018, obligations of direct loans may not exceed 
$24,000,000 for Individual Fishing Quota loans and not to exceed 
$100,000,000 for traditional direct loans as authorized by the Merchant 
Marine Act of 1936.

                         Departmental Management

                          salaries and expenses

    For necessary expenses for the management of the Department of 
Commerce provided for by law, including not to exceed $4,500 for 
official reception and representation, $63,000,000.

                      renovation and modernization

    For necessary expenses for the renovation and modernization of the 
Herbert C. Hoover Building, $45,130,000, to remain available until 
expended.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $32,744,000.

[[Page 132 STAT. 408]]

               General Provisions--Department of Commerce

                      (including transfer of funds)

    Sec. 101.  During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act shall 
be available for the activities specified in the Act of October 26, 1949 
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, 
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments 
not otherwise authorized only upon the certification of officials 
designated by the Secretary of Commerce that such payments are in the 
public interest.
    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers:  Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, That the Secretary of Commerce shall notify the Committees on 
Appropriations at least 15 days in advance of the acquisition or 
disposal of any capital asset (including land, structures, and 
equipment) not specifically provided for in this Act or any other law 
appropriating funds for the Department of Commerce.
    Sec. 104.  The <<NOTE: 33 USC 878a note.>>  requirements set forth 
by section 105 of the Commerce, Justice, Science, and Related Agencies 
Appropriations Act, 2012 (Public Law 112-55), as amended by section 105 
of title I of division B of Public Law 113-6, are hereby adopted by 
reference and made applicable with respect to fiscal year 2018:  
Provided, That the life cycle cost for the Joint Polar Satellite System 
is $11,322,125,000 and the life cycle cost for the Geostationary 
Operational Environmental Satellite R-Series Program is $10,828,059,000.

    Sec. 105.  Notwithstanding any other provision of law, the Secretary 
may furnish services (including but not limited to utilities, 
telecommunications, and security services) necessary to support the 
operation, maintenance, and improvement of space that persons, firms, or 
organizations are authorized, pursuant to the Public Buildings 
Cooperative Use Act of 1976 or other authority, to use or occupy in the 
Herbert C. Hoover Building, Washington, DC, or other buildings, the 
maintenance, operation, and protection of which has been delegated to 
the Secretary from the Administrator of General Services pursuant to the 
Federal Property and Administrative Services Act of 1949 on a 
reimbursable or non-reimbursable basis. Amounts received as 
reimbursement for services provided under this section or the authority 
under which the use or occupancy of the space is authorized, up to 
$200,000, shall be credited to the appropriation or fund which initially 
bears the costs of such services.

[[Page 132 STAT. 409]]

    Sec. 106.  Nothing in this title shall be construed to prevent a 
grant recipient from deterring child pornography, copyright 
infringement, or any other unlawful activity over its networks.
    Sec. 107.  The Administrator of the National Oceanic and Atmospheric 
Administration is authorized to use, with their consent, with 
reimbursement and subject to the limits of available appropriations, the 
land, services, equipment, personnel, and facilities of any department, 
agency, or instrumentality of the United States, or of any State, local 
government, Indian tribal government, Territory, or possession, or of 
any political subdivision thereof, or of any foreign government or 
international organization, for purposes related to carrying out the 
responsibilities of any statute administered by the National Oceanic and 
Atmospheric Administration.
    Sec. 108.  The National Technical Information Service shall not 
charge any customer for a copy of any report or document generated by 
the Legislative Branch unless the Service has provided information to 
the customer on how an electronic copy of such report or document may be 
accessed and downloaded for free online. Should a customer still require 
the Service to provide a printed or digital copy of the report or 
document, the charge shall be limited to recovering the Service's cost 
of processing, reproducing, and delivering such report or document.
    Sec. 109.  The Secretary of Commerce may waive the requirement for 
bonds under 40 U.S.C. 3131 with respect to contracts for the 
construction, alteration, or repair of vessels, regardless of the terms 
of the contracts as to payment or title, when the contract is made under 
the Coast and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.).
    Sec. 110.  To carry out the responsibilities of the National Oceanic 
and Atmospheric Administration (NOAA), the Administrator of NOAA is 
authorized to: (1) enter into grants and cooperative agreements with; 
(2) use on a non-reimbursable basis land, services, equipment, 
personnel, and facilities provided by; and (3) receive and expend funds 
made available on a consensual basis from: a Federal agency, State or 
subdivision thereof, local government, tribal government, territory, or 
possession or any subdivisions thereof:  Provided, That funds received 
for permitting and related regulatory activities pursuant to this 
section shall be deposited under the heading ``National Oceanic and 
Atmospheric Administration--Operations, Research, and Facilities'' and 
shall remain available until September 30, 2020, for such purposes:  
Provided further, That all funds within this section and their 
corresponding uses are subject to section 505 of this Act.
    Sec. 111.  Amounts provided by this Act or by any prior 
appropriations Act that remain available for obligation, for necessary 
expenses of the programs of the Economics and Statistics Administration 
of the Department of Commerce, including amounts provided for programs 
of the Bureau of Economic Analysis and the Bureau of the Census, shall 
be available for expenses of cooperative agreements with appropriate 
entities, including any Federal, State, or local governmental unit, or 
institution of higher education, to aid and promote statistical, 
research, and methodology activities which further the purposes for 
which such amounts have been made available.
    This title may be cited as the ``Department of Commerce 
Appropriations Act, 2018''.

[[Page 132 STAT. 410]]

TITLE <<NOTE: Department of Justice Appropriations Act, 2018.>>  II

                          DEPARTMENT OF JUSTICE

                         General Administration

                          salaries and expenses

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

                 justice information sharing technology

                      (including transfer of funds)

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

                 executive office for immigration review

                      (including transfer of funds)

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

                       office of inspector general

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

                     United States Parole Commission

                          salaries and expenses

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

[[Page 132 STAT. 411]]

                            Legal Activities

             salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department of 
Justice, not otherwise provided for, including not to exceed $20,000 for 
expenses of collecting evidence, to be expended under the direction of, 
and to be accounted for solely under the certificate of, the Attorney 
General; the administration of pardon and clemency petitions; and rent 
of private or Government-owned space in the District of Columbia, 
$897,500,000, of which not to exceed $20,000,000 for litigation support 
contracts shall remain available until expended:  Provided, That of the 
amount provided for INTERPOL Washington dues payments, not to exceed 
$685,000 shall remain available until expended:  Provided further, That 
of the total amount appropriated, not to exceed $9,000 shall be 
available to INTERPOL Washington for official reception and 
representation expenses:  Provided further, That notwithstanding section 
205 of this Act, upon a determination by the Attorney General that 
emergent circumstances require additional funding for litigation 
activities of the Civil Division, the Attorney General may transfer such 
amounts to ``Salaries and Expenses, General Legal Activities'' from 
available appropriations for the current fiscal year for the Department 
of Justice, as may be necessary to respond to such circumstances:  
Provided further, That any transfer pursuant to the preceding proviso 
shall be treated as a reprogramming under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, That of the amount appropriated, such sums as may be necessary 
shall be available to the Civil Rights Division for salaries and 
expenses associated with the election monitoring program under section 8 
of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the 
Office of Personnel Management for such salaries and expenses:  Provided 
further, That of the amounts provided under this heading for the 
election monitoring program, $3,390,000 shall remain available until 
expended.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $10,000,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $164,977,000, to remain available until expended:  Provided, That 
notwithstanding any other provision of law, fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and 
estimated to be $126,000,000 in fiscal year 2018), shall be retained and 
used for necessary expenses in this appropriation, and shall remain 
available until expended:  Provided further, That the sum herein 
appropriated from the general fund shall be reduced as such offsetting 
collections are received during fiscal year 2018, so as to result in a 
final fiscal year 2018 appropriation from the general fund estimated at 
$38,977,000.

[[Page 132 STAT. 412]]

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$2,136,750,000:  Provided, That of the total amount appropriated, not to 
exceed $7,200 shall be available for official reception and 
representation expenses:  Provided further, That not to exceed 
$25,000,000 shall remain available until expended:  Provided further, 
That each United States Attorney shall establish or participate in a 
task force on human trafficking.

                    united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $225,908,000, to remain available until expended:  Provided, 
That, notwithstanding any other provision of law, deposits to the United 
States Trustee System Fund and amounts herein appropriated shall be 
available in such amounts as may be necessary to pay refunds due 
depositors:  Provided further, That, notwithstanding any other provision 
of law, fees collected pursuant to section 589a(b) of title 28, United 
States Code, shall be retained and used for necessary expenses in this 
appropriation and shall remain available until expended:  Provided 
further, That to the extent that fees collected in fiscal year 2018, net 
of amounts necessary to pay refunds due depositors, exceed $225,908,000, 
those excess amounts shall be available in future fiscal years only to 
the extent provided in advance in appropriations Acts:  Provided 
further, That the sum herein appropriated from the general fund shall be 
reduced (1) as such fees are received during fiscal year 2018, net of 
amounts necessary to pay refunds due depositors, (estimated at 
$231,000,000) and (2) to the extent that any remaining general fund 
appropriations can be derived from amounts deposited in the Fund in 
previous fiscal years that are not otherwise appropriated, so as to 
result in a final fiscal year 2018 appropriation from the general fund 
estimated at $0.

       salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 
section 3109 of title 5, United States Code, $2,409,000.

                     fees and expenses of witnesses

    For fees and expenses of witnesses, for expenses of contracts for 
the procurement and supervision of expert witnesses, for private counsel 
expenses, including advances, and for expenses of foreign counsel, 
$270,000,000, to remain available until expended, of which not to exceed 
$16,000,000 is for construction of buildings for protected witness 
safesites; not to exceed $3,000,000 is for the purchase and maintenance 
of armored and other vehicles for witness security caravans; and not to 
exceed $15,000,000 is for the purchase, installation, maintenance, and 
upgrade of secure telecommunications equipment and a secure automated 
information network to store and retrieve the identities and locations 
of protected witnesses:  Provided, That amounts made available under 
this heading may not be transferred pursuant to section 205 of this Act.

[[Page 132 STAT. 413]]

           salaries and expenses, community relations service

                      (including transfer of funds)

    For necessary expenses of the Community Relations Service, 
$15,500,000:  Provided, That notwithstanding section 205 of this Act, 
upon a determination by the Attorney General that emergent circumstances 
require additional funding for conflict resolution and violence 
prevention activities of the Community Relations Service, the Attorney 
General may transfer such amounts to the Community Relations Service, 
from available appropriations for the current fiscal year for the 
Department of Justice, as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by subparagraphs (B), (F), and (G) of 
section 524(c)(1) of title 28, United States Code, $20,514,000, to be 
derived from the Department of Justice Assets Forfeiture Fund.

                     United States Marshals Service

                          salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$1,311,492,000, of which not to exceed $6,000 shall be available for 
official reception and representation expenses, and not to exceed 
$15,000,000 shall remain available until expended.

                              construction

    For construction in space controlled, occupied or utilized by the 
United States Marshals Service for prisoner holding and related support, 
$53,400,000, to remain available until expended.

                       federal prisoner detention

                      (including transfer of funds)

    For necessary expenses related to United States prisoners in the 
custody of the United States Marshals Service as authorized by section 
4013 of title 18, United States Code, $1,536,000,000, to remain 
available until expended:  Provided, That not to exceed $20,000,000 
shall be considered ``funds appropriated for State and local law 
enforcement assistance'' pursuant to section 4013(b) of title 18, United 
States Code:  Provided further, That the United States Marshals Service 
shall be responsible for managing the Justice Prisoner and Alien 
Transportation System:  Provided further, That any unobligated balances 
available from funds appropriated under the heading ``General 
Administration, Detention Trustee'' shall be transferred to and merged 
with the appropriation under this heading.

[[Page 132 STAT. 414]]

                       National Security Division

                          salaries and expenses

                      (including transfer of funds)

    For expenses necessary to carry out the activities of the National 
Security Division, $101,031,000, of which not to exceed $5,000,000 for 
information technology systems shall remain available until expended:  
Provided, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for the activities of the National Security 
Division, the Attorney General may transfer such amounts to this heading 
from available appropriations for the current fiscal year for the 
Department of Justice, as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking organizations, transnational organized crime, and money 
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies 
engaged in the investigation and prosecution of individuals involved in 
transnational organized crime and drug trafficking, $542,850,000, of 
which $50,000,000 shall remain available until expended:  Provided, That 
any amounts obligated from appropriations under this heading may be used 
under authorities available to the organizations reimbursed from this 
appropriation.

                     Federal Bureau of Investigation

                          salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States, $9,030,202,000, of which not to exceed $216,900,000 shall remain 
available until expended:  Provided, That not to exceed $184,500 shall 
be available for official reception and representation expenses.

                              construction

    For necessary expenses, to include the cost of equipment, furniture, 
and information technology requirements, related to construction or 
acquisition of buildings, facilities and sites by purchase, or as 
otherwise authorized by law; conversion, modification and extension of 
federally owned buildings; preliminary planning and design of projects; 
and operation and maintenance of secure work environment facilities and 
secure networking capabilities; $370,000,000, to remain available until 
expended.

[[Page 132 STAT. 415]]

                     Drug Enforcement Administration

                          salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to section 530C of title 28, United 
States Code; and expenses for conducting drug education and training 
programs, including travel and related expenses for participants in such 
programs and the distribution of items of token value that promote the 
goals of such programs, $2,190,326,000, of which not to exceed 
$75,000,000 shall remain available until expended and not to exceed 
$90,000 shall be available for official reception and representation 
expenses.

           Bureau of Alcohol, Tobacco, Firearms and Explosives

                          salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, for training of State and local law enforcement agencies 
with or without reimbursement, including training in connection with the 
training and acquisition of canines for explosives and fire accelerants 
detection; and for provision of laboratory assistance to State and local 
law enforcement agencies, with or without reimbursement, $1,293,776,000, 
of which not to exceed $36,000 shall be for official reception and 
representation expenses, not to exceed $1,000,000 shall be available for 
the payment of attorneys' fees as provided by section 924(d)(2) of title 
18, United States Code, and not to exceed $20,000,000 shall remain 
available until expended:  Provided, That none of the funds appropriated 
herein shall be available to investigate or act upon applications for 
relief from Federal firearms disabilities under section 925(c) of title 
18, United States Code:  Provided further, That such funds shall be 
available to investigate and act upon applications filed by corporations 
for relief from Federal firearms disabilities under section 925(c) of 
title 18, United States Code:  Provided further, That no funds made 
available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to other agencies or Departments.

                          Federal Prison System

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$7,114,000,000:  Provided, That <<NOTE: 42 USC 250a.>>  the Attorney 
General may transfer to the Department of Health and Human Services such 
amounts as may be necessary for direct expenditures by that Department 
for medical relief for inmates of Federal penal and correctional 
institutions:  Provided further, That the Director of the Federal Prison 
System, where necessary, may enter into contracts

[[Page 132 STAT. 416]]

with a fiscal agent or fiscal intermediary claims processor to determine 
the amounts payable to persons who, on behalf of the Federal Prison 
System, furnish health services to individuals committed to the custody 
of the Federal Prison System:  Provided further, That not to exceed 
$5,400 shall be available for official reception and representation 
expenses:  Provided further, That not to exceed $50,000,000 shall remain 
available for necessary operations until September 30, 2019:  Provided 
further, That, of the amounts provided for contract confinement, not to 
exceed $20,000,000 shall remain available until expended to make 
payments in advance for grants, contracts and reimbursable agreements, 
and other expenses:  Provided further, That the Director of the Federal 
Prison System may accept donated property and services relating to the 
operation of the prison card program from a not-for-profit entity which 
has operated such program in the past, notwithstanding the fact that 
such not-for-profit entity furnishes services under contracts to the 
Federal Prison System relating to the operation of pre-release services, 
halfway houses, or other custodial facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$161,571,000, to remain available until expended:  Provided, That labor 
of United States prisoners may be used for work performed under this 
appropriation.

                 federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized to 
make such expenditures within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $2,700,000 of the funds of the Federal Prison 
Industries, Incorporated, shall be available for its administrative 
expenses, and for services as authorized by section 3109 of title 5, 
United States Code, to be computed on an accrual basis to be determined 
in accordance with the corporation's current prescribed accounting 
system, and such amounts shall be exclusive of depreciation, payment of 
claims, and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or produced, 
including selling and shipping expenses, and expenses in connection with 
acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of

[[Page 132 STAT. 417]]

facilities and other property belonging to the corporation or in which 
it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

                      (including transfer of funds)

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the 
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
Act''); the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); the Violence Against Women 
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); and 
the Rape Survivor Child Custody Act of 2015 (Public Law 114-22) (``the 
2015 Act''); and for related victims services, $492,000,000, to remain 
available until expended, which shall be derived by transfer from 
amounts available for obligation in this Act from the Fund established 
by section 1402 of chapter XIV of title II of Public Law 98-473 (34 
U.S.C. 20101), notwithstanding section 1402(d) of such Act of 1984, and 
merged with the amounts otherwise made available under this heading:  
Provided, That except as otherwise provided by law, not to exceed 5 
percent of funds made available under this heading may be used for 
expenses related to evaluation, training, and technical assistance:  
Provided further, That of the amount provided--
            (1) $215,000,000 is for grants to combat violence against 
        women, as authorized by part T of the 1968 Act;
            (2) $35,000,000 is for transitional housing assistance 
        grants for victims of domestic violence, dating violence, 
        stalking, or sexual assault as authorized by section 40299 of 
        the 1994 Act;
            (3) $3,500,000 is for the National Institute of Justice for 
        research and evaluation of violence against women and related 
        issues addressed by grant programs of the Office on Violence 
        Against Women, which shall be transferred to ``Research, 
        Evaluation and Statistics'' for administration by the Office of 
        Justice Programs;
            (4) $11,000,000 is for a grant program to provide services 
        to advocate for and respond to youth victims of domestic 
        violence, dating violence, sexual assault, and stalking; 
        assistance to children and youth exposed to such violence; 
        programs to engage men and youth in preventing such violence; 
        and assistance to middle and high school students through 
        education and other services related to such violence:  
        Provided,

[[Page 132 STAT. 418]]

        That unobligated balances available for the programs authorized 
        by sections 41201, 41204, 41303, and 41305 of the 1994 Act, 
        prior to its amendment by the 2013 Act, shall be available for 
        this program:  Provided further, That 10 percent of the total 
        amount available for this grant program shall be available for 
        grants under the program authorized by section 2015 of the 1968 
        Act:  Provided further, That the definitions and grant 
        conditions in section 40002 of the 1994 Act shall apply to this 
        program;
            (5) $53,000,000 is for grants to encourage arrest policies 
        as authorized by part U of the 1968 Act, of which $4,000,000 is 
        for a homicide reduction initiative;
            (6) $35,000,000 is for sexual assault victims assistance, as 
        authorized by section 41601 of the 1994 Act;
            (7) $40,000,000 is for rural domestic violence and child 
        abuse enforcement assistance grants, as authorized by section 
        40295 of the 1994 Act;
            (8) $20,000,000 is for grants to reduce violent crimes 
        against women on campus, as authorized by section 304 of the 
        2005 Act;
            (9) $45,000,000 is for legal assistance for victims, as 
        authorized by section 1201 of the 2000 Act;
            (10) $5,000,000 is for enhanced training and services to end 
        violence against and abuse of women in later life, as authorized 
        by section 40802 of the 1994 Act;
            (11) $16,000,000 is for grants to support families in the 
        justice system, as authorized by section 1301 of the 2000 Act:  
        Provided, That unobligated balances available for the programs 
        authorized by section 1301 of the 2000 Act and section 41002 of 
        the 1994 Act, prior to their amendment by the 2013 Act, shall be 
        available for this program;
            (12) $6,000,000 is for education and training to end 
        violence against and abuse of women with disabilities, as 
        authorized by section 1402 of the 2000 Act;
            (13) $500,000 is for the National Resource Center on 
        Workplace Responses to assist victims of domestic violence, as 
        authorized by section 41501 of the 1994 Act;
            (14) $1,000,000 is for analysis and research on violence 
        against Indian women, including as authorized by section 904 of 
        the 2005 Act:  Provided, That such funds may be transferred to 
        ``Research, Evaluation and Statistics'' for administration by 
        the Office of Justice Programs;
            (15) $500,000 is for a national clearinghouse that provides 
        training and technical assistance on issues relating to sexual 
        assault of American Indian and Alaska Native women;
            (16) $4,000,000 is for grants to assist tribal governments 
        in exercising special domestic violence criminal jurisdiction, 
        as authorized by section 904 of the 2013 Act:  Provided, That 
        the grant conditions in section 40002(b) of the 1994 Act shall 
        apply to this program; and
            (17) $1,500,000 for the purposes authorized under the 2015 
        Act.

[[Page 132 STAT. 419]]

                       Office of Justice Programs

                   research, evaluation and statistics

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency 
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's 
Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and 
Other Tools to end the Exploitation of Children Today Act of 2003 
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the 
Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second 
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of 
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety Act 
of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT Our 
Children Act of 2008 (Public Law 110-401); subtitle D of title II of the 
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act''); 
the NICS Improvement Amendments Act of 2007 (Public Law 110-180); the 
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4) 
(``the 2013 Act''); and other programs, $90,000,000, to remain available 
until expended, of which--
            (1) $48,000,000 is for criminal justice statistics programs, 
        and other activities, as authorized by part C of title I of the 
        1968 Act, of which $5,000,000 is for a nationwide incident-based 
        crime statistics program; and
            (2) $42,000,000 is for research, development, and evaluation 
        programs, and other activities as authorized by part B of title 
        I of the 1968 Act and subtitle D of title II of the 2002 Act, of 
        which $4,000,000 is for research targeted toward developing a 
        better understanding of the domestic radicalization phenomenon, 
        and advancing evidence-based strategies for effective 
        intervention and prevention.

               state and local law enforcement assistance

                      (including transfer of funds)

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims 
Protection Reauthorization Act of 2005 (Public Law 109-164); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child 
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
Act''); the Victims of Trafficking and Violence Protection Act of 2000 
(Public Law 106-386); the NICS Improvement Amendments Act of 2007 
(Public Law 110-180); subtitle D of title II of the Homeland Security 
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance 
Act of 2007 (Public Law 110-199); the Prioritizing Resources and 
Organization for Intellectual Property Act of 2008 (Public Law 110-403); 
the Victims of Crime Act of 1984 (Public Law 98-473);

[[Page 132 STAT. 420]]

the Mentally Ill Offender Treatment and Crime Reduction Reauthorization 
and Improvement Act of 2008 (Public Law 110-416); the Violence Against 
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); 
the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-
198) (``CARA''); the Justice for All Reauthorization Act of 2016 (Public 
Law 114-324); and other programs, $1,677,500,000, to remain available 
until expended as follows--
            (1) $415,500,000 for the Edward Byrne Memorial Justice 
        Assistance Grant program as authorized by subpart 1 of part E of 
        title I of the 1968 Act (except that section 1001(c), and the 
        special rules for Puerto Rico under section 505(g) of title I of 
        the 1968 Act shall not apply for purposes of this Act), of 
        which, notwithstanding such subpart 1, $10,000,000 is for the 
        Officer Robert Wilson III Memorial Initiative on Preventing 
        Violence Against Law Enforcement Officer Resilience and 
        Survivability (VALOR), $5,000,000 is for an initiative to 
        support evidence-based policing, $2,500,000 is for an initiative 
        to enhance prosecutorial decision-making, $2,400,000 is for the 
        operationalization, maintenance and expansion of the National 
        Missing and Unidentified Persons System, $2,500,000 is for a 
        national training initiative to improve police-based responses 
        to people with mental illness or developmental disabilities, 
        $20,000,000 is for competitive and evidence-based programs to 
        reduce gun crime and gang violence, $2,000,000 is for a student 
        loan repayment assistance program pursuant to section 952 of 
        Public Law 110-315, $15,500,000 is for prison rape prevention 
        and prosecution grants to states and units of local government, 
        and other programs, as authorized by the Prison Rape Elimination 
        Act of 2003 (Public Law 108-79), and $16,000,000 is for 
        emergency law enforcement assistance for events occurring during 
        or after fiscal year 2018, as authorized by section 609M of the 
        Justice Assistance Act of 1984 (34 U.S.C. 50101);
            (2) $240,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 241(i)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)(5)):  Provided, That no 
        jurisdiction shall request compensation for any cost greater 
        than the actual cost for Federal immigration and other detainees 
        housed in State and local detention facilities;
            (3) $77,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386, for programs authorized under Public Law 109-164, or 
        programs authorized under Public Law 113-4;
            (4) $3,000,000 for the Capital Litigation Improvement Grant 
        Program, as authorized by section 426 of Public Law 108-405, and 
        for grants for wrongful conviction review;
            (5) $14,000,000 for economic, high technology, white collar 
        and Internet crime prevention grants, including as authorized by 
        section 401 of Public Law 110-403;
            (6) $20,000,000 for sex offender management assistance, as 
        authorized by the Adam Walsh Act, and related activities;
            (7) $22,500,000 for the matching grant program for law 
        enforcement armor vests, as authorized by section 2501 of title 
        I of the 1968 Act:  Provided, That $1,500,000 is transferred 
        directly to the National Institute of Standards and Technology's

[[Page 132 STAT. 421]]

        Office of Law Enforcement Standards for research, testing and 
        evaluation programs;
            (8) $1,000,000 for the National Sex Offender Public Website;
            (9) $75,000,000 for grants to States to upgrade criminal and 
        mental health records for the National Instant Criminal 
        Background Check System, of which no less than $25,000,000 shall 
        be for grants made under the authorities of the NICS Improvement 
        Amendments Act of 2007 (Public Law 110-180);
            (10) $30,000,000 for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act;
            (11) $130,000,000 for DNA-related and forensic programs and 
        activities, of which--
                    (A) $120,000,000 is for a DNA analysis and capacity 
                enhancement program and for other local, State, and 
                Federal forensic activities, including the purposes 
                authorized under section 2 of the DNA Analysis Backlog 
                Elimination Act of 2000 (Public Law 106-546) (the Debbie 
                Smith DNA Backlog Grant Program):  Provided, That up to 
                4 percent of funds made available under this paragraph 
                may be used for the purposes described in the DNA 
                Training and Education for Law Enforcement, Correctional 
                Personnel, and Court Officers program (Public Law 108-
                405, section 303);
                    (B) $6,000,000 is for the purposes described in the 
                Kirk Bloodsworth Post-Conviction DNA Testing Grant 
                Program (Public Law 108-405, section 412); and
                    (C) $4,000,000 is for Sexual Assault Forensic Exam 
                Program grants, including as authorized by section 304 
                of Public Law 108-405;
            (12) $47,500,000 for a grant program for community-based 
        sexual assault response reform;
            (13) $12,000,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (14) $35,000,000 for assistance to Indian tribes;
            (15) $85,000,000 for offender reentry programs and research, 
        as authorized by the Second Chance Act of 2007 (Public Law 110-
        199), without regard to the time limitations specified at 
        section 6(1) of such Act, of which not to exceed $6,000,000 is 
        for a program to improve State, local, and tribal probation or 
        parole supervision efforts and strategies, $5,000,000 is for 
        Children of Incarcerated Parents Demonstrations to enhance and 
        maintain parental and family relationships for incarcerated 
        parents as a reentry or recidivism reduction strategy, and 
        $4,000,000 is for additional replication sites employing the 
        Project HOPE Opportunity Probation with Enforcement model 
        implementing swift and certain sanctions in probation, and for a 
        research project on the effectiveness of the model:  Provided, 
        That up to $7,500,000 of funds made available in this paragraph 
        may be used for performance-based awards for Pay for Success 
        projects, of which up to $5,000,000 shall be for Pay for Success 
        programs implementing the Permanent Supportive Housing Model;
            (16) $75,000,000 for the Comprehensive School Safety 
        Initiative;

[[Page 132 STAT. 422]]

            (17) $65,000,000 for initiatives to improve police-community 
        relations, of which $22,500,000 is for a competitive matching 
        grant program for purchases of body-worn cameras for State, 
        local and tribal law enforcement, $25,000,000 is for a justice 
        reinvestment initiative, for activities related to criminal 
        justice reform and recidivism reduction, and $17,500,000 is for 
        an Edward Byrne Memorial criminal justice innovation program; 
        and
            (18) $330,000,000 for comprehensive opioid abuse reduction 
        activities, including as authorized by CARA, and for the 
        following programs, which shall address opioid abuse reduction 
        consistent with underlying program authorities--
                    (A) $75,000,000 for Drug Courts, as authorized by 
                section 1001(a)(25)(A) of title I of the 1968 Act;
                    (B) $30,000,000 for mental health courts and adult 
                and juvenile collaboration program grants, as authorized 
                by parts V and HH of title I of the 1968 Act, and the 
                Mentally Ill Offender Treatment and Crime Reduction 
                Reauthorization and Improvement Act of 2008 (Public Law 
                110-416);
                    (C) $30,000,000 for grants for Residential Substance 
                Abuse Treatment for State Prisoners, as authorized by 
                part S of title I of the 1968 Act;
                    (D) $20,000,000 for a veterans treatment courts 
                program;
                    (E) $30,000,000 for a program to monitor 
                prescription drugs and scheduled listed chemical 
                products; and
                    (F) $145,000,000 for a comprehensive opioid abuse 
                program:

  Provided, That, if a unit of local government uses any of the funds 
made available under this heading to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.

                        juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''); the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.); 
the Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003 (Public Law 108-21); the Victims of Child 
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam 
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) 
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public 
Law 110-401); the Violence Against Women Reauthorization Act of 2013 
(Public Law 113-4) (``the 2013 Act''); the Justice for All 
Reauthorization Act of 2016 (Public Law 114-324); and other juvenile 
justice programs, $282,500,000, to remain available until expended as 
follows--
            (1) $60,000,000 for programs authorized by section 221 of 
        the 1974 Act, and for training and technical assistance to 
        assist small, nonprofit organizations with the Federal grants

[[Page 132 STAT. 423]]

        process:  Provided, That of the amounts provided under this 
        paragraph, $500,000 shall be for a competitive demonstration 
        grant program to support emergency planning among State, local 
        and tribal juvenile justice residential facilities;
            (2) $94,000,000 for youth mentoring grants;
            (3) $27,500,000 for delinquency prevention, as authorized by 
        section 505 of the 1974 Act, of which, pursuant to sections 261 
        and 262 thereof--
                    (A) $5,000,000 shall be for the Tribal Youth 
                Program;
                    (B) $4,000,000 shall be for gang and youth violence 
                education, prevention and intervention, and related 
                activities;
                    (C) $500,000 shall be for an Internet site providing 
                information and resources on children of incarcerated 
                parents;
                    (D) $2,000,000 shall be for competitive grants 
                focusing on girls in the juvenile justice system;
                    (E) $8,000,000 shall be for community-based violence 
                prevention initiatives, including for public health 
                approaches to reducing shootings and violence; and
                    (F) $8,000,000 shall be for an opioid-affected youth 
                initiative;
            (4) $21,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990;
            (5) $76,000,000 for missing and exploited children programs, 
        including as authorized by sections 404(b) and 405(a) of the 
        1974 Act (except that section 102(b)(4)(B) of the PROTECT Our 
        Children Act of 2008 (Public Law 110-401) shall not apply for 
        purposes of this Act);
            (6) $2,000,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act; and
            (7) $2,000,000 for a program to improve juvenile indigent 
        defense:

  Provided, That not more than 10 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized:  Provided further, That not more than 
2 percent of the amounts designated under paragraphs (1) through (3) and 
(6) may be used for training and technical assistance:  Provided 
further, That the two preceding provisos shall not apply to grants and 
projects administered pursuant to sections 261 and 262 of the 1974 Act 
and to missing and exploited children programs.

                     public safety officer benefits

                      (including transfer of funds)

    For payments and expenses authorized under section 1001(a)(4) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such 
sums as are necessary (including amounts for administrative costs), to 
remain available until expended; and $24,800,000 for payments authorized 
by section 1201(b) of such Act and for educational assistance authorized 
by section 1218 of such Act, to remain available until expended:  
Provided, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding

[[Page 132 STAT. 424]]

for such disability and education payments, the Attorney General may 
transfer such amounts to ``Public Safety Officer Benefits'' from 
available appropriations for the Department of Justice as may be 
necessary to respond to such circumstances:  Provided further, That any 
transfer pursuant to the preceding proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

                  Community Oriented Policing Services

              community oriented policing services programs

                      (including transfer of funds)

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 
(Public Law 109-162) (``the 2005 Act''), $275,500,000, to remain 
available until expended:  Provided, That any balances made available 
through prior year deobligations shall only be available in accordance 
with section 505 of this Act:  Provided further, That of the amount 
provided under this heading--
            (1) $225,500,000 is for grants under section 1701 of title I 
        of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of 
        additional career law enforcement officers under part Q of such 
        title notwithstanding subsection (i) of such section:  Provided, 
        That, notwithstanding section 1704(c) of such title (34 U.S.C. 
        10384(c)), funding for hiring or rehiring a career law 
        enforcement officer may not exceed $125,000 unless the Director 
        of the Office of Community Oriented Policing Services grants a 
        waiver from this limitation:  Provided further, That within the 
        amounts appropriated under this paragraph, $30,000,000 is for 
        improving tribal law enforcement, including hiring, equipment, 
        training, anti-methamphetamine activities, and anti-opioid 
        activities:  Provided further, That of the amounts appropriated 
        under this paragraph, $10,000,000 is for community policing 
        development activities in furtherance of the purposes in section 
        1701:  Provided further, That of the amounts appropriated under 
        this paragraph $36,000,000 is for regional information sharing 
        activities, as authorized by part M of title I of the 1968 Act, 
        which shall be transferred to and merged with ``Research, 
        Evaluation, and Statistics'' for administration by the Office of 
        Justice Programs;
            (2) $10,000,000 is for activities authorized by the POLICE 
        Act of 2016 (Public Law 114-199);
            (3) $8,000,000 is for competitive grants to State law 
        enforcement agencies in States with high seizures of precursor 
        chemicals, finished methamphetamine, laboratories, and 
        laboratory dump seizures:  Provided, That funds appropriated 
        under this paragraph shall be utilized for investigative 
        purposes to locate or investigate illicit activities, including 
        precursor diversion, laboratories, or methamphetamine 
        traffickers; and
            (4) $32,000,000 is for competitive grants to statewide law 
        enforcement agencies in States with high rates of primary 
        treatment admissions for heroin and other opioids:  Provided,

[[Page 132 STAT. 425]]

        That these funds shall be utilized for investigative purposes to 
        locate or investigate illicit activities, including activities 
        related to the distribution of heroin or unlawful distribution 
        of prescription opioids, or unlawful heroin and prescription 
        opioid traffickers through statewide collaboration.

                General Provisions--Department of Justice

                      (including transfer of funds)

    Sec. 201.  In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $50,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses.
    Sec. 202.  None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case of 
rape or incest:  Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 203.  None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 204.  Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility:  Provided, That nothing in this section in any way 
diminishes the effect of section 203 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 205.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers:  Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 206.  None of the funds made available under this title may be 
used by the Federal Bureau of Prisons or the United States Marshals 
Service for the purpose of transporting an individual who is a prisoner 
pursuant to conviction for crime under State or Federal law and is 
classified as a maximum or high security prisoner, other than to a 
prison or other facility certified by the Federal Bureau of Prisons as 
appropriately secure for housing such a prisoner.
    Sec. 207. (a) None of the funds appropriated by this Act may be used 
by Federal prisons to purchase cable television services, or to rent or 
purchase audiovisual or electronic media or equipment used primarily for 
recreational purposes.
    (b) Subsection (a) does not preclude the rental, maintenance, or 
purchase of audiovisual or electronic media or equipment for inmate 
training, religious, or educational programs.
    Sec. 208.  None of the funds made available under this title shall 
be obligated or expended for any new or enhanced information

[[Page 132 STAT. 426]]

technology program having total estimated development costs in excess of 
$100,000,000, unless the Deputy Attorney General and the investment 
review board certify to the Committees on Appropriations of the House of 
Representatives and the Senate that the information technology program 
has appropriate program management controls and contractor oversight 
mechanisms in place, and that the program is compatible with the 
enterprise architecture of the Department of Justice.
    Sec. 209.  The notification thresholds and procedures set forth in 
section 505 of this Act shall apply to deviations from the amounts 
designated for specific activities in this Act and in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), and to any use of deobligated balances of funds 
provided under this title in previous years.
    Sec. 210.  None of the funds appropriated by this Act may be used to 
plan for, begin, continue, finish, process, or approve a public-private 
competition under the Office of Management and Budget Circular A-76 or 
any successor administrative regulation, directive, or policy for work 
performed by employees of the Bureau of Prisons or of Federal Prison 
Industries, Incorporated.
    Sec. 211.  Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States Attorney 
from the residency requirements of section 545 of title 28, United 
States Code.
    Sec. 212.  At the discretion of the Attorney General, and in 
addition to any amounts that otherwise may be available (or authorized 
to be made available) by law, with respect to funds appropriated by this 
title under the headings ``Research, Evaluation and Statistics'', 
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice 
Programs''--
            (1) up to 3 percent of funds made available to the Office of 
        Justice Programs for grant or reimbursement programs may be used 
        by such Office to provide training and technical assistance; and
            (2) up to 2 percent of funds made available for grant or 
        reimbursement programs under such headings, except for amounts 
        appropriated specifically for research, evaluation, or 
        statistical programs administered by the National Institute of 
        Justice and the Bureau of Justice Statistics, shall be 
        transferred to and merged with funds provided to the National 
        Institute of Justice and the Bureau of Justice Statistics, to be 
        used by them for research, evaluation, or statistical purposes, 
        without regard to the authorizations for such grant or 
        reimbursement programs.

    Sec. 213.  Upon request by a grantee for whom the Attorney General 
has determined there is a fiscal hardship, the Attorney General may, 
with respect to funds appropriated in this or any other Act making 
appropriations for fiscal years 2015 through 2018 for the following 
programs, waive the following requirements:
            (1) For the adult and juvenile offender State and local 
        reentry demonstration projects under part FF of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
        10631 et seq.), the requirements under section 2976(g)(1) of 
        such part (34 U.S.C. 10631(g)(1)).

[[Page 132 STAT. 427]]

            (2) For State, Tribal, and local reentry courts under part 
        FF of title I of such Act of 1968 (34 U.S.C. 10631 et seq.), the 
        requirements under section 2978(e)(1) and (2) of such part (34 
        U.S.C. 10633(e)(1) and (2)).
            (3) For the prosecution drug treatment alternatives to 
        prison program under part CC of title I of such Act of 1968 (34 
        U.S.C. 10581), the requirements under the second sentence of 
        section 2901(f) of such part (34 U.S.C. 10581(f)).

    Sec. 214.  Notwithstanding any other provision of law, section 
20109(a) of subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts 
made available by this or any other Act.
    Sec. 215.  None of the funds made available under this Act, other 
than for the national instant criminal background check system 
established under section 103 of the Brady Handgun Violence Prevention 
Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer 
to facilitate the transfer of an operable firearm to an individual if 
the Federal law enforcement officer knows or suspects that the 
individual is an agent of a drug cartel, unless law enforcement 
personnel of the United States continuously monitor or control the 
firearm at all times.
    Sec. 216. (a) None of the income retained in the Department of 
Justice Working Capital Fund pursuant to title I of Public Law 102-140 
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation 
during fiscal year 2018, except up to $40,000,000 may be obligated for 
implementation of a unified Department of Justice financial management 
system.
    (b) Not to exceed $30,000,000 of the unobligated balances 
transferred to the capital account of the Department of Justice Working 
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784; 
28 U.S.C. 527 note) shall be available for obligation in fiscal year 
2018, and any use, obligation, transfer or allocation of such funds 
shall be treated as a reprogramming of funds under section 505 of this 
Act.
    (c) Not to exceed $10,000,000 of the excess unobligated balances 
available under section 524(c)(8)(E) of title 28, United States Code, 
shall be available for obligation during fiscal year 2018, and any use, 
obligation, transfer or allocation of such funds shall be treated as a 
reprogramming of funds under section 505 of this Act.
    Sec. 217.  Discretionary funds that are made available in this Act 
for the Office of Justice Programs may be used to participate in 
Performance Partnership Pilots authorized under section 526 of division 
H of Public Law 113-76, section 524 of division G of Public Law 113-235, 
section 525 of division H of Public Law 114-113, and such authorities as 
are enacted for Performance Partnership Pilots in an appropriations Act 
for fiscal years 2017 and 2018.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2018''.

[[Page 132 STAT. 428]]

TITLE III <<NOTE: Science Appropriations Act, 2018.>> 

                                 SCIENCE

                 Office of Science and Technology Policy

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

                         National Space Council

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

              National Aeronautics and Space Administration

                                 science

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

[[Page 132 STAT. 429]]

Administration shall use the Space Launch System as the launch vehicles 
for the Jupiter Europa mission, plan for an orbiter launch no later than 
2022 and a lander launch no later than 2024, and include in the fiscal 
year 2020 budget the 5-year funding profile necessary to achieve these 
goals.

                               aeronautics

    For necessary expenses, not otherwise provided for, in the conduct 
and support of aeronautics research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $685,000,000, to remain available until 
September 30, 2019.

                            space technology

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space technology research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $760,000,000, to remain available until 
September 30, 2019:  Provided, That $130,000,000 shall be for RESTORE.

                               exploration

    For necessary expenses, not otherwise provided for, in the conduct 
and support of exploration research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $4,790,000,000, to remain available until 
September 30, 2019:  Provided, That not less than $1,350,000,000 shall 
be for the Orion Multi-Purpose Crew Vehicle:  Provided further, That not 
less than $2,150,000,000 shall be for the Space Launch System (SLS) 
launch vehicle, which shall have a lift capability not less than 130 
metric tons and which shall have core elements and an Exploration Upper 
Stage developed simultaneously:  Provided further, That of the amounts 
provided for SLS, not less than $300,000,000 shall be for Exploration 
Upper Stage development:  Provided further, That $895,000,000 shall be 
for Exploration Ground Systems, including $350,000,000 for a second 
mobile launch platform and associated

[[Page 132 STAT. 430]]

SLS activities:  Provided further, That the National Aeronautics and 
Space Administration (NASA) shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate, 
concurrent with the annual budget submission, a 5-year budget profile 
for an integrated system that includes the Space Launch System, the 
Orion Multi-Purpose Crew Vehicle, and associated ground systems that 
will ensure an Exploration Mission-2 crewed launch as early as possible, 
as well as a system-based funding profile for a sustained launch cadence 
beyond the initial crewed test launch:  Provided further, 
That <<NOTE: 51 USC 20301 note.>>  acquisition of Orion crew vehicles, 
SLS launch vehicles, Exploration Ground Systems, mobile launch 
platforms, and their associated components may be funded incrementally 
in fiscal year 2018 and thereafter:  Provided further, That $395,000,000 
shall be for exploration research and development.

                            space operations

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space operations research and development activities, 
including research, development, operations, support and services; space 
flight, spacecraft control and communications activities, including 
operations, production, and services; maintenance and repair, facility 
planning and design; program management; personnel and related costs, 
including uniforms or allowances therefor, as authorized by sections 
5901 and 5902 of title 5, United States Code; travel expenses; purchase 
and hire of passenger motor vehicles; and purchase, lease, charter, 
maintenance and operation of mission and administrative aircraft, 
$4,751,500,000, to remain available until September 30, 2019.

                                education

    For necessary expenses, not otherwise provided for, in the conduct 
and support of aerospace and aeronautical education research and 
development activities, including research, development, operations, 
support, and services; program management; personnel and related costs, 
including uniforms or allowances therefor, as authorized by sections 
5901 and 5902 of title 5, United States Code; travel expenses; purchase 
and hire of passenger motor vehicles; and purchase, lease, charter, 
maintenance, and operation of mission and administrative aircraft, 
$100,000,000, to remain available until September 30, 2019, of which 
$18,000,000 shall be for the Established Program to Stimulate 
Competitive Research and $40,000,000 shall be for the National Space 
Grant College and Fellowship Program.

                  safety, security and mission services

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics, space technology, exploration, 
space operations and education research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire

[[Page 132 STAT. 431]]

of passenger motor vehicles; not to exceed $63,000 for official 
reception and representation expenses; and purchase, lease, charter, 
maintenance, and operation of mission and administrative aircraft, 
$2,826,900,000, to remain available until September 30, 2019.

        construction and environmental compliance and restoration

    For necessary expenses for construction of facilities including 
repair, rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law, and environmental 
compliance and restoration, $562,240,000, to remain available until 
September 30, 2023:  Provided, That <<NOTE: 51 USC 20145 note.>>  
proceeds from leases deposited into this account shall be available for 
a period of 5 years to the extent and in amounts as provided in annual 
appropriations Acts:  Provided further, That such proceeds referred to 
in the preceding proviso shall be available for obligation for fiscal 
year 2018 in an amount not to exceed $9,470,300:  Provided further, That 
each <<NOTE: 51 USC 30103 note.>>  annual budget request shall include 
an annual estimate of gross receipts and collections and proposed use of 
all funds collected pursuant to section 20145 of title 51, United States 
Code.

                       office of inspector general

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

                        administrative provisions

                      (including transfer of funds)

    Funds <<NOTE: 51 USC 20144 note.>>  for any announced prize 
otherwise authorized shall remain available, without fiscal year 
limitation, until a prize is claimed or the offer is withdrawn.

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

[[Page 132 STAT. 432]]

                       National Science Foundation

                     research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209 
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of 
title 5, United States Code; maintenance and operation of aircraft and 
purchase of flight services for research support; acquisition of 
aircraft; and authorized travel; $6,334,476,000, to remain available 
until September 30, 2019, of which not to exceed $544,000,000 shall 
remain available until expended for polar research and operations 
support, and for reimbursement to other Federal agencies for operational 
and science support and logistical and other related activities for the 
United States Antarctic program:  Provided, That receipts for scientific 
support services and materials furnished by the National Research 
Centers and other National Science Foundation supported research 
facilities may be credited to this appropriation.

          major research equipment and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized 
travel, $182,800,000, to remain available until expended.

                      education and human resources

    For necessary expenses in carrying out science, mathematics and 
engineering education and human resources programs and activities 
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 
et seq.), including services as authorized by section 3109 of title 5, 
United States Code, authorized travel, and rental of conference rooms in 
the District of Columbia, $902,000,000, to remain available until 
September 30, 2019.

                 agency operations and award management

    For agency operations and award management necessary in carrying out 
the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.); 
services authorized by section 3109 of title 5, United States Code; hire 
of passenger motor vehicles; uniforms or allowances therefor, as 
authorized by sections 5901 and 5902 of title 5, United States Code; 
rental of conference rooms in the District of Columbia; and 
reimbursement of the Department of Homeland Security for security guard 
services; $328,510,000:  Provided, That not to exceed $8,280 is for 
official reception and representation expenses:  Provided further, That 
contracts may be entered into under this heading in fiscal year 2018 for 
maintenance and operation of facilities and for other services to be 
provided during the next fiscal year.

                  office of the national science board

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference

[[Page 132 STAT. 433]]

rooms in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) involved 
in carrying out section 4 of the National Science Foundation Act of 1950 
(42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), 
$4,370,000:  Provided, That not to exceed $2,500 shall be available for 
official reception and representation expenses.

                       office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, $15,200,000, of which 
$400,000 shall remain available until September 30, 2019.

                        administrative provisions

                      (including transfer of funds)

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Science Foundation in this Act may 
be transferred between such appropriations, but no such appropriation 
shall be increased by more than 10 percent by any such transfers. Any 
transfer pursuant to this paragraph shall be treated as a reprogramming 
of funds under section 505 of this Act and shall not be available for 
obligation except in compliance with the procedures set forth in that 
section.
    The Director of the National Science Foundation shall notify the 
Committees on Appropriations of the House of Representatives and the 
Senate at least 30 days in advance of the acquisition or disposal of any 
capital asset (including land, structures, and equipment) not 
specifically provided for in this Act or any other law appropriating 
funds for the National Science Foundation.
    This title may be cited as the ``Science Appropriations Act, 2018''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                          salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,700,000:  Provided, That none of 
the funds appropriated in this paragraph may be used to employ any 
individuals under Schedule C of subpart C of part 213 of title 5 of the 
Code of Federal Regulations exclusive of one special assistant for each 
Commissioner:  Provided further, That none of the funds appropriated in 
this paragraph shall be used to reimburse Commissioners for more than 75 
billable days, with the exception of the chairperson, who is permitted 
125 billable days:  Provided further, That none of the funds 
appropriated in this paragraph shall be used for any activity or expense 
that is not explicitly authorized by section 3 of the Civil Rights 
Commission Act of 1983 (42 U.S.C. 1975a).

[[Page 132 STAT. 434]]

                 Equal Employment Opportunity Commission

                          salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, section 501 of the 
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic 
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233), 
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly 
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services as 
authorized by section 3109 of title 5, United States Code; hire of 
passenger motor vehicles as authorized by section 1343(b) of title 31, 
United States Code; nonmonetary awards to private citizens; and up to 
$29,500,000 for payments to State and local enforcement agencies for 
authorized services to the Commission, $379,500,000:  Provided, That the 
Commission is authorized to make available for official reception and 
representation expenses not to exceed $2,250 from available funds:  
Provided further, That the Commission may take no action to implement 
any workforce repositioning, restructuring, or reorganization until such 
time as the Committees on Appropriations of the House of Representatives 
and the Senate have been notified of such proposals, in accordance with 
the reprogramming requirements of section 505 of this Act:  Provided 
further, That the Chair is authorized to accept and use any gift or 
donation to carry out the work of the Commission.

                     International Trade Commission

                          salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles and services as authorized by 
section 3109 of title 5, United States Code, and not to exceed $2,250 
for official reception and representation expenses, $93,700,000, to 
remain available until expended.

                       Legal Services Corporation

                payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $410,000,000, of 
which $376,000,000 is for basic field programs and required independent 
audits; $5,100,000 is for the Office of Inspector General, of which such 
amounts as may be necessary may be used to conduct additional audits of 
recipients; $19,400,000 is for management and grants oversight; 
$4,000,000 is for client self-help and information technology; 
$4,500,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan 
repayment assistance:  Provided, That the Legal Services Corporation may 
continue to provide locality pay to officers and employees at a rate no 
greater than that provided by the Federal Government to Washington, DC-
based employees as authorized by section 5304 of title 5, United States 
Code, notwithstanding section 1005(d) of the Legal Services Corporation 
Act (42 U.S.C. 2996d(d)):  Provided further, That the

[[Page 132 STAT. 435]]

authorities provided in section 205 of this Act shall be applicable to 
the Legal Services Corporation:  Provided further, That, for the 
purposes of section 505 of this Act, the Legal Services Corporation 
shall be considered an agency of the United States Government.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same terms 
and conditions set forth in such sections, except that all references in 
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead 
to 2017 and 2018, respectively.

                        Marine Mammal Commission

                          salaries and expenses

    For necessary expenses of the Marine Mammal Commission as authorized 
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 
et seq.), $3,431,000.

            Office of the United States Trade Representative

                          salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by section 3109 of 
title 5, United States Code, $57,600,000, of which $1,000,000 shall 
remain available until expended:  Provided, That of the total amount 
made available under this heading, not to exceed $124,000 shall be 
available for official reception and representation expenses.

                      trade enforcement trust fund

                      (including transfer of funds)

    For activities of the United States Trade Representative authorized 
by section 611 of the Trade Facilitation and Trade Enforcement Act of 
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived 
from the Trade Enforcement Trust Fund:  Provided, That any transfer 
pursuant to subsection (d)(1) of such section shall be treated as a 
reprogramming under section 505 of this Act.

                         State Justice Institute

                          salaries and expenses

    For necessary expenses of the State Justice Institute, as authorized 
by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.) 
$5,121,000, of which $500,000 shall remain available until September 30, 
2019:  Provided, That not to exceed $2,250 shall be available for 
official reception and representation expenses:  Provided further, That, 
for the purposes of section 505 of this Act,

[[Page 132 STAT. 436]]

the State Justice Institute shall be considered an agency of the United 
States Government.

                                 TITLE V

                           GENERAL PROVISIONS

                         (including rescissions)

                      (including transfer of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to section 
3109 of title 5, United States Code, shall be limited to those contracts 
where such expenditures are a matter of public record and available for 
public inspection, except where otherwise provided under existing law, 
or under existing Executive order issued pursuant to existing law.
    Sec. 504.  If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
    Sec. 505.  None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in fiscal year 2018, 
or provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies funded by 
this Act, shall be available for obligation or expenditure through a 
reprogramming of funds that: (1) creates or initiates a new program, 
project or activity; (2) eliminates a program, project or activity; (3) 
increases funds or personnel by any means for any project or activity 
for which funds have been denied or restricted; (4) relocates an office 
or employees; (5) reorganizes or renames offices, programs or 
activities; (6) contracts out or privatizes any functions or activities 
presently performed by Federal employees; (7) augments existing 
programs, projects or activities in excess of $500,000 or 10 percent, 
whichever is less, or reduces by 10 percent funding for any program, 
project or activity, or numbers of personnel by 10 percent; or (8) 
results from any general savings, including savings from a reduction in 
personnel, which would result in a change in existing programs, projects 
or activities as approved by Congress; unless the House and Senate 
Committees on Appropriations are notified 15 days in advance of such 
reprogramming of funds.
    Sec. 506. (a) If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment,

[[Page 132 STAT. 437]]

suspension, and ineligibility procedures described in sections 9.400 
through 9.409 of title 48, Code of Federal Regulations.
    (b)(1) To the extent practicable, with respect to authorized 
purchases of promotional items, funds made available by this Act shall 
be used to purchase items that are manufactured, produced, or assembled 
in the United States, its territories or possessions.
    (2) The term ``promotional items'' has the meaning given the term in 
OMB Circular A-87, Attachment B, Item (1)(f)(3).
    Sec. 507. (a) The Departments of Commerce and Justice, the National 
Science Foundation, and the National Aeronautics and Space 
Administration shall provide to the Committees on Appropriations of the 
House of Representatives and the Senate a quarterly report on the status 
of balances of appropriations at the account level. For unobligated, 
uncommitted balances and unobligated, committed balances the quarterly 
reports shall separately identify the amounts attributable to each 
source year of appropriation from which the balances were derived. For 
balances that are obligated, but unexpended, the quarterly reports shall 
separately identify amounts by the year of obligation.
    (b) The report described in subsection (a) shall be submitted within 
30 days of the end of each quarter.
    (c) If a department or agency is unable to fulfill any aspect of a 
reporting requirement described in subsection (a) due to a limitation of 
a current accounting system, the department or agency shall fulfill such 
aspect to the maximum extent practicable under such accounting system 
and shall identify and describe in each quarterly report the extent to 
which such aspect is not fulfilled.
    Sec. 508.  Any costs incurred by a department or agency funded under 
this Act resulting from, or to prevent, personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available to such department or 
agency:  Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this section is 
provided in addition to authorities included elsewhere in this Act:  
Provided further, That use of funds to carry out this section shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, That for the Department of Commerce, this section shall also 
apply to actions taken for the care and protection of loan collateral or 
grant property.
    Sec. 509.  None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to seek 
the reduction or removal by any foreign country of restrictions on the 
marketing of tobacco or tobacco products, except for restrictions which 
are not applied equally to all tobacco or tobacco products of the same 
type.
    Sec. 510.  Notwithstanding <<NOTE: 34 USC 20101 note.>>  any other 
provision of law, amounts deposited or available in the Fund established 
by section 1402 of chapter XIV of title II of Public Law 98-473 (34 
U.S.C. 20101) in any fiscal year in excess of $4,436,000,000 shall not 
be available for obligation until the following fiscal year:  Provided, 
That notwithstanding section 1402(d) of such Act, of the amounts 
available from the Fund for obligation: (1) $10,000,000 shall remain 
available until expended to the Department of Justice Office of 
Inspector General for oversight and auditing purposes; and (2) 3 percent 
shall be available to the Office for Victims of Crime for grants,

[[Page 132 STAT. 438]]

consistent with the requirements of the Victims of Crime Act, to Indian 
tribes to improve services for victims of crime.

    Sec. 511.  None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate the 
religious or moral beliefs of students who participate in programs for 
which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 512.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 513. (a) The Inspectors General of the Department of Commerce, 
the Department of Justice, the National Aeronautics and Space 
Administration, the National Science Foundation, and the Legal Services 
Corporation shall conduct audits, pursuant to the Inspector General Act 
(5 U.S.C. App.), of grants or contracts for which funds are appropriated 
by this Act, and shall submit reports to Congress on the progress of 
such audits, which may include preliminary findings and a description of 
areas of particular interest, within 180 days after initiating such an 
audit and every 180 days thereafter until any such audit is completed.
    (b) Within 60 days after the date on which an audit described in 
subsection (a) by an Inspector General is completed, the Secretary, 
Attorney General, Administrator, Director, or President, as appropriate, 
shall make the results of the audit available to the public on the 
Internet website maintained by the Department, Administration, 
Foundation, or Corporation, respectively. The results shall be made 
available in redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft or 
        for other inappropriate or unlawful purposes.

    (c) Any person awarded a grant or contract funded by amounts 
appropriated by this Act shall submit a statement to the Secretary of 
Commerce, the Attorney General, the Administrator, Director, or 
President, as appropriate, certifying that no funds derived from the 
grant or contract will be made available through a subcontract or in any 
other manner to another person who has a financial interest in the 
person awarded the grant or contract.
    (d) The provisions of the preceding subsections of this section 
shall take effect 30 days after the date on which the Director of the 
Office of Management and Budget, in consultation with the Director of 
the Office of Government Ethics, determines that a uniform set of rules 
and requirements, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch ethics 
program to all Federal departments, agencies, and entities.
    Sec. 514. (a) None of the funds appropriated or otherwise made 
available under this Act may be used by the Departments of Commerce and 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation to acquire a high-impact or moderate-impact 
information system, as defined for security categorization in the 
National Institute of Standards and Technology's (NIST) Federal 
Information Processing Standard

[[Page 132 STAT. 439]]

Publication 199, ``Standards for Security Categorization of Federal 
Information and Information Systems'' unless the agency has--
            (1) reviewed the supply chain risk for the information 
        systems against criteria developed by NIST and the Federal 
        Bureau of Investigation (FBI) to inform acquisition decisions 
        for high-impact and moderate-impact information systems within 
        the Federal Government;
            (2) reviewed the supply chain risk from the presumptive 
        awardee against available and relevant threat information 
        provided by the FBI and other appropriate agencies; and
            (3) in consultation with the FBI or other appropriate 
        Federal entity, conducted an assessment of any risk of cyber-
        espionage or sabotage associated with the acquisition of such 
        system, including any risk associated with such system being 
        produced, manufactured, or assembled by one or more entities 
        identified by the United States Government as posing a cyber 
        threat, including but not limited to, those that may be owned, 
        directed, or subsidized by the People's Republic of China, the 
        Islamic Republic of Iran, the Democratic People's Republic of 
        Korea, or the Russian Federation.

    (b) None of the funds appropriated or otherwise made available under 
this Act may be used to acquire a high-impact or moderate-impact 
information system reviewed and assessed under subsection (a) unless the 
head of the assessing entity described in subsection (a) has--
            (1) developed, in consultation with NIST, the FBI, and 
        supply chain risk management experts, a mitigation strategy for 
        any identified risks;
            (2) determined, in consultation with NIST and the FBI, that 
        the acquisition of such system is in the national interest of 
        the United States; and
            (3) reported that determination to the Committees on 
        Appropriations of the House of Representatives and the Senate 
        and the agency Inspector General.

    Sec. 515.  None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government.
    Sec. 516. (a) Notwithstanding any other provision of law or treaty, 
none of the funds appropriated or otherwise made available under this 
Act or any other Act may be expended or obligated by a department, 
agency, or instrumentality of the United States to pay administrative 
expenses or to compensate an officer or employee of the United States in 
connection with requiring an export license for the export to Canada of 
components, parts, accessories or attachments for firearms listed in 
Category I, section 121.1 of title 22, Code of Federal Regulations 
(International Trafficking in Arms Regulations (ITAR), part 121, as it 
existed on April 1, 2005) with a total value not exceeding $500 
wholesale in any transaction, provided that the conditions of subsection 
(b) of this section are met by the exporting party for such articles.
    (b) The foregoing exemption from obtaining an export license--
            (1) does not exempt an exporter from filing any Shipper's 
        Export Declaration or notification letter required by law, or 
        from being otherwise eligible under the laws of the United 
        States to possess, ship, transport, or export the articles 
        enumerated in subsection (a); and

[[Page 132 STAT. 440]]

            (2) does not permit the export without a license of--
                    (A) fully automatic firearms and components and 
                parts for such firearms, other than for end use by the 
                Federal Government, or a Provincial or Municipal 
                Government of Canada;
                    (B) barrels, cylinders, receivers (frames) or 
                complete breech mechanisms for any firearm listed in 
                Category I, other than for end use by the Federal 
                Government, or a Provincial or Municipal Government of 
                Canada; or
                    (C) articles for export from Canada to another 
                foreign destination.

    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from Canada for end use in the 
United States or return to Canada for a Canadian citizen.
    (d) The President may require export licenses under this section on 
a temporary basis if the President determines, upon publication first in 
the Federal Register, that the Government of Canada has implemented or 
maintained inadequate import controls for the articles specified in 
subsection (a), such that a significant diversion of such articles has 
and continues to take place for use in international terrorism or in the 
escalation of a conflict in another nation. The President shall 
terminate the requirements of a license when reasons for the temporary 
requirements have ceased.
    Sec. 517.  Notwithstanding any other provision of law, no 
department, agency, or instrumentality of the United States receiving 
appropriated funds under this Act or any other Act shall obligate or 
expend in any way such funds to pay administrative expenses or the 
compensation of any officer or employee of the United States to deny any 
application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified 
pursuant to 27 CFR section 478.112 or .113, for a permit to import 
United States origin ``curios or relics'' firearms, parts, or 
ammunition.
    Sec. 518.  None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the text 
of--
            (1) paragraph 2 of article 16.7 of the United States-
        Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-
        Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-Morocco 
        Free Trade Agreement.

    Sec. 519.  None of the funds made available in this Act may be used 
to authorize or issue a national security letter in contravention of any 
of the following laws authorizing the Federal Bureau of Investigation to 
issue national security letters: The Right to Financial Privacy Act of 
1978; The Electronic Communications Privacy Act of 1986; The Fair Credit 
Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA 
FREEDOM Act of 2015; and the laws amended by these Acts.
    Sec. 520.  If at any time during any quarter, the program manager of 
a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more

[[Page 132 STAT. 441]]

than $75,000,000 has reasonable cause to believe that the total program 
cost has increased by 10 percent or more, the program manager shall 
immediately inform the respective Secretary, Administrator, or Director. 
The Secretary, Administrator, or Director shall notify the House and 
Senate Committees on Appropriations within 30 days in writing of such 
increase, and shall include in such notice: the date on which such 
determination was made; a statement of the reasons for such increases; 
the action taken and proposed to be taken to control future cost growth 
of the project; changes made in the performance or schedule milestones 
and the degree to which such changes have contributed to the increase in 
total program costs or procurement costs; new estimates of the total 
project or procurement costs; and a statement validating that the 
project's management structure is adequate to control total project or 
procurement costs.
    Sec. 521.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
3094) during fiscal year 2018 until the enactment of the Intelligence 
Authorization Act for fiscal year 2018.
    Sec. 522.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to the 
agency awarding the contract or grant that, to the best of its knowledge 
and belief, the contractor or grantee has filed all Federal tax returns 
required during the three years preceding the certification, has not 
been convicted of a criminal offense under the Internal Revenue Code of 
1986, and has not, more than 90 days prior to certification, been 
notified of any unpaid Federal tax assessment for which the liability 
remains unsatisfied, unless the assessment is the subject of an 
installment agreement or offer in compromise that has been approved by 
the Internal Revenue Service and is not in default, or the assessment is 
the subject of a non-frivolous administrative or judicial proceeding.

                              (rescissions)

    Sec. 523. (a) Of the unobligated balances from prior year 
appropriations available to the Department of Commerce, Economic 
Development Administration, Economic Development Assistance Programs, 
$10,000,000 is rescinded not later than September 30, 2018.
    (b) Of the unobligated balances available to the Department of 
Justice, the following funds are hereby rescinded, not later than 
September 30, 2018, from the following accounts in the specified 
amounts--
            (1) ``Working Capital Fund'', $154,768,000;
            (2) ``Federal Bureau of Investigation, Salaries and 
        Expenses'', $127,291,000 including from, but not limited to, 
        fees collected to defray expenses for the automation of 
        fingerprint identification and criminal justice information 
        services and associated costs;
            (3) ``State and Local Law Enforcement Activities, Office on 
        Violence Against Women, Violence Against Women Prevention and 
        Prosecution Programs'', $15,000,000;

[[Page 132 STAT. 442]]

            (4) ``State and Local Law Enforcement Activities, Office of 
        Justice Programs'', $40,000,000;
            (5) ``State and Local Law Enforcement Activities, Community 
        Oriented Policing Services'', $10,000,000; and
            (6) ``Legal Activities, Assets Forfeiture Fund'', 
        $304,000,000, is permanently rescinded.

    (c) The Departments of Commerce and Justice shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a report no later than September 1, 2018, specifying the amount 
of each rescission made pursuant to subsections (a) and (b).
    Sec. 524.  None of the funds made available in this Act may be used 
to purchase first class or premium airline travel in contravention of 
sections 301-10.122 through 301-10.124 of title 41 of the Code of 
Federal Regulations.
    Sec. 525.  None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency, who are stationed in the United 
States, at any single conference occurring outside the United States 
unless such conference is a law enforcement training or operational 
conference for law enforcement personnel and the majority of Federal 
employees in attendance are law enforcement personnel stationed outside 
the United States.
    Sec. 526.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other detainee 
who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.

    Sec. 527. (a) None of the funds appropriated or otherwise made 
available in this or any other Act may be used to construct, acquire, or 
modify any facility in the United States, its territories, or 
possessions to house any individual described in subsection (c) for the 
purposes of detention or imprisonment in the custody or under the 
effective control of the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    Sec. 528.  The Director of the Office of Management and Budget shall 
instruct any department, agency, or instrumentality of the United States 
receiving funds appropriated under this Act to track undisbursed 
balances in expired grant accounts and include in

[[Page 132 STAT. 443]]

its annual performance plan and performance and accountability reports 
the following:
            (1) Details on future action the department, agency, or 
        instrumentality will take to resolve undisbursed balances in 
        expired grant accounts.
            (2) The method that the department, agency, or 
        instrumentality uses to track undisbursed balances in expired 
        grant accounts.
            (3) Identification of undisbursed balances in expired grant 
        accounts that may be returned to the Treasury of the United 
        States.
            (4) In the preceding 3 fiscal years, details on the total 
        number of expired grant accounts with undisbursed balances (on 
        the first day of each fiscal year) for the department, agency, 
        or instrumentality and the total finances that have not been 
        obligated to a specific project remaining in the accounts.

    Sec. 529. (a) None of the funds made available by this Act may be 
used for the National Aeronautics and Space Administration (NASA) or the 
Office of Science and Technology Policy (OSTP) to develop, design, plan, 
promulgate, implement, or execute a bilateral policy, program, order, or 
contract of any kind to participate, collaborate, or coordinate 
bilaterally in any way with China or any Chinese-owned company unless 
such activities are specifically authorized by a law enacted after the 
date of enactment of this Act.
    (b) None of the funds made available by this Act may be used to 
effectuate the hosting of official Chinese visitors at facilities 
belonging to or utilized by NASA.
    (c) The limitations described in subsections (a) and (b) shall not 
apply to activities which NASA or OSTP, after consultation with the 
Federal Bureau of Investigation, have certified--
            (1) pose no risk of resulting in the transfer of technology, 
        data, or other information with national security or economic 
        security implications to China or a Chinese-owned company; and
            (2) will not involve knowing interactions with officials who 
        have been determined by the United States to have direct 
        involvement with violations of human rights.

    (d) Any certification made under subsection (c) shall be submitted 
to the Committees on Appropriations of the House of Representatives and 
the Senate, and the Federal Bureau of Investigation, no later than 30 
days prior to the activity in question and shall include a description 
of the purpose of the activity, its agenda, its major participants, and 
its location and timing.
    Sec. 530.  None of the funds made available by this Act may be used 
to pay the salaries or expenses of personnel to deny, or fail to act on, 
an application for the importation of any model of shotgun if--
            (1) all other requirements of law with respect to the 
        proposed importation are met; and
            (2) no application for the importation of such model of 
        shotgun, in the same configuration, had been denied by the 
        Attorney General prior to January 1, 2011, on the basis that the 
        shotgun was not particularly suitable for or readily adaptable 
        to sporting purposes.

    Sec. 531. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless

[[Page 132 STAT. 444]]

such network blocks the viewing, downloading, and exchanging of 
pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, 
adjudication, or other law enforcement- or victim assistance-related 
activity.
    Sec. 532.  The Departments of Commerce and Justice, the National 
Aeronautics and Space Administration, the National Science Foundation, 
the Commission on Civil Rights, the Equal Employment Opportunity 
Commission, the International Trade Commission, the Legal Services 
Corporation, the Marine Mammal Commission, the Offices of Science and 
Technology Policy and the United States Trade Representative, the 
National Space Council, and the State Justice Institute shall submit 
spending plans, signed by the respective department or agency head, to 
the Committees on Appropriations of the House of Representatives and the 
Senate within 45 days after the date of enactment of this Act.
    Sec. 533.  None of the funds made available by this Act may be 
obligated or expended to implement the Arms Trade Treaty until the 
Senate approves a resolution of ratification for the Treaty.
    Sec. 534.  The Department of Commerce, the National Aeronautics and 
Space Administration, and the National Science Foundation shall provide 
a quarterly report to the Committees on Appropriations of the House of 
Representatives and the Senate on any official travel to China by any 
employee of such Department or agency, including the purpose of such 
travel.
    Sec. 535.  Of the amounts made available by this Act, not less than 
10 percent of each total amount provided, respectively, for Public Works 
grants authorized by the Public Works and Economic Development Act of 
1965 and grants authorized by section 27 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated 
for assistance in persistent poverty counties:  Provided, That for 
purposes of this section, the term ``persistent poverty counties'' means 
any county that has had 20 percent or more of its population living in 
poverty over the past 30 years, as measured by the 1990 and 2000 
decennial censuses and the most recent Small Area Income and Poverty 
Estimates.
    Sec. 536.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or for performance that 
does not meet the basic requirements of a contract.
    Sec. 537.  None of the funds made available by this Act may be used 
in contravention of section 7606 (``Legitimacy of Industrial Hemp 
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the 
Department of Justice or the Drug Enforcement Administration.
    Sec. 538.  None of the funds made available under this Act to the 
Department of Justice may be used, with respect to any of the States of 
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, 
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, 
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, 
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New 
Mexico, New York,

[[Page 132 STAT. 445]]

North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, 
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, 
Washington, West Virginia, Wisconsin, and Wyoming, or with respect to 
the District of Columbia, Guam, or Puerto Rico, to prevent any of them 
from implementing their own laws that authorize the use, distribution, 
possession, or cultivation of medical marijuana.
    Sec. 539.  Not later than 30 days <<NOTE: 16 USC 1855.>> after the 
enactment of this Act, the Secretary of Commerce (Secretary) shall lift 
the stay on the effective date of the final rule for the seafood import 
monitoring program published by the Secretary on December 9, 2016, (81 
Fed. Reg. 88975 et seq.) for the species described in section 
300.324(a)(3) of title 50, Code of Federal Regulations:  Provided, That 
the compliance date for the species described in section 300.324(a)(3) 
of title 50, Code of Federal Regulations, shall occur not later than 
December 31, 2018:  Provided further, That not later than December 31, 
2018, the Secretary shall establish a traceability program for United 
States inland, coastal, and marine aquaculture of shrimp and abalone 
from point of production to entry into United States commerce:  Provided 
further, That the Secretary shall promulgate such regulations as are 
necessary and appropriate to establish and implement the program:  
Provided further, That information collected pursuant to a regulation 
promulgated under this section shall be confidential and not be 
disclosed except for the information disclosed under section 401(b)(1) 
of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1881a(b)(1)):  Provided further, That any regulations promulgated 
under this section shall be enforced as if this section were a provision 
of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) and the regulations were promulgated under such 
Act.

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

DIVISION C--DEPARTMENT <<NOTE: Department of Defense Appropriations Act, 
2018.>>  OF DEFENSE APPROPRIATIONS ACT, 2018

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

[[Page 132 STAT. 446]]

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $28,772,118,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $13,231,114,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of the 
Reserve Officers' Training Corps; and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $28,790,440,000.

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $4,715,608,000.

                         Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section

[[Page 132 STAT. 447]]

12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$1,988,362,000.

                     Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and for members of the 
Marine Corps platoon leaders class, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $764,903,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense Military 
Retirement Fund, $1,802,554,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under sections 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$8,264,626,000.

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or

[[Page 132 STAT. 448]]

other duty, and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense Military 
Retirement Fund, $3,408,817,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law, 
$38,816,957,000:  Provided, That not to exceed $12,478,000 can be used 
for emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Army, and payments may be 
made on his certificate of necessity for confidential military purposes.

                     Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law, $45,384,353,000:  Provided, That not to exceed 
$15,055,000 can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary of the Navy, 
and payments may be made on his certificate of necessity for 
confidential military purposes.

                 Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$6,605,546,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law, 
$39,544,193,000:  Provided, That not to exceed $7,699,000 can be used 
for emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Air Force, and payments 
may be made on his certificate of necessity for confidential military 
purposes.

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$34,059,257,000:  Provided, That not more than $15,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code:  Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity for 
confidential

[[Page 132 STAT. 449]]

military purposes:  Provided further, That of the funds provided under 
this heading, not less than $38,458,000 shall be made available for the 
Procurement Technical Assistance Cooperative Agreement Program, of which 
not less than $3,600,000 shall be available for centers defined in 10 
U.S.C. 2411(1)(D):  Provided further, That none of the funds 
appropriated or otherwise made available by this Act may be used to plan 
or implement the consolidation of a budget or appropriations liaison 
office of the Office of the Secretary of Defense, the office of the 
Secretary of a military department, or the service headquarters of one 
of the Armed Forces into a legislative affairs or legislative liaison 
office:  Provided further, That $9,385,000, to remain available until 
expended, is available only for expenses relating to certain classified 
activities, and may be transferred as necessary by the Secretary of 
Defense to operation and maintenance appropriations or research, 
development, test and evaluation appropriations, to be merged with and 
to be available for the same time period as the appropriations to which 
transferred:  Provided further, That any ceiling on the investment item 
unit cost of items that may be purchased with operation and maintenance 
funds shall not apply to the funds described in the preceding proviso:  
Provided further, That of the funds provided under this heading, 
$631,670,000, of which $157,917,000, to remain available until September 
30, 2019, shall be available to provide support and assistance to 
foreign security forces or other groups or individuals to conduct, 
support or facilitate counterterrorism, crisis response, or other 
Department of Defense security cooperation programs:  Provided further, 
That the transfer authority provided under this heading is in addition 
to any other transfer authority provided elsewhere in this Act.

                 Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $2,877,104,000.

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $1,069,707,000.

             Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $284,837,000.

[[Page 132 STAT. 450]]

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,202,307,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized by 
law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $7,284,170,000.

              Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department of 
Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $6,900,798,000.

           United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $14,538,000, of which not to exceed $5,000 
may be used for official representation purposes.

                     Environmental Restoration, Army

                      (including transfer of funds)

    For the Department of the Army, $235,809,000, to remain available 
until transferred:  Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made

[[Page 132 STAT. 451]]

available by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred:  Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                     Environmental Restoration, Navy

                      (including transfer of funds)

    For the Department of the Navy, $365,883,000, to remain available 
until transferred:  Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred:  Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation:  Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                      (including transfer of funds)

    For the Department of the Air Force, $352,549,000, to remain 
available until transferred:  Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred:  Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

[[Page 132 STAT. 452]]

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

    For the Department of Defense, $19,002,000, to remain available 
until transferred:  Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be merged 
with and to be available for the same purposes and for the same time 
period as the appropriations to which transferred:  Provided further, 
That upon a determination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes provided herein, 
such amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

    For the Department of the Army, $248,673,000, to remain available 
until transferred:  Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, transfer 
the funds made available by this appropriation to other appropriations 
made available to the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time period as the 
appropriations to which transferred:  Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of 
title 10, United States Code), $129,900,000, to remain available until 
September 30, 2019.

                  Cooperative Threat Reduction Account

    For assistance, including assistance provided by contract or by 
grants, under programs and activities of the Department of Defense 
Cooperative Threat Reduction Program authorized under the Department of 
Defense Cooperative Threat Reduction Act, $350,000,000, to remain 
available until September 30, 2020.

[[Page 132 STAT. 453]]

      Department of Defense Acquisition Workforce Development Fund

    For the Department of Defense Acquisition Workforce Development 
Fund, $500,000,000, to remain available for obligation until September 
30, 2019:  Provided, That no other amounts may be otherwise credited or 
transferred to the Fund, or deposited into the Fund, in fiscal year 2018 
pursuant to section 1705(d) of title 10, United States Code:  Provided 
further, That within 60 days after the date of enactment of this Act, 
the Secretary of Defense shall transfer to the Treasury from amounts 
made available under this heading an amount equal to any amounts 
transferred to the Fund for fiscal year 2018 before the date of the 
enactment of this Act pursuant to section 1705(d)(3) of title 10, United 
States Code, or any other provision of law:  Provided further, That 
amounts so transferred shall be deposited in the Treasury as 
miscellaneous receipts.

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $5,535,794,000, to remain available for obligation until 
September 30, 2020.

                        Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $3,196,910,000, to remain available for obligation until 
September 30, 2020.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment

[[Page 132 STAT. 454]]

and training devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, $4,391,573,000, to 
remain available for obligation until September 30, 2020.

                     Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $2,548,740,000, to remain available for obligation until 
September 30, 2020.

                         Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, $8,298,418,000, to 
remain available for obligation until September 30, 2020.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway, 
$19,957,380,000, to remain available for obligation until September 30, 
2020.

[[Page 132 STAT. 455]]

                        Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $3,510,590,000, to remain available for obligation 
until September 30, 2020.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $804,335,000, to remain available for obligation until 
September 30, 2020.

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; procurement of critical, long lead 
time components and designs for vessels to be constructed or converted 
in the future; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title, as follows:
            Ohio Replacement Submarine (AP), $861,853,000;
            Carrier Replacement Program (CVN 80), $1,569,646,000;
            Carrier Replacement Program (CVN 79), $2,561,058,000;
            Virginia Class Submarine, $3,305,315,000;
            Virginia Class Submarine (AP), $2,145,596,000;
            CVN Refueling Overhauls, $1,569,669,000;
            CVN Refueling Overhauls (AP), $75,897,000;
            DDG-1000 Program, $216,968,000;
            DDG-51 Destroyer, $3,357,079,000;
            DDG-51 Destroyer (AP), $90,336,000;
            Littoral Combat Ship, $1,566,971,000;
            Amphibious Ship Replacement, $1,800,000,000;
            Expeditionary Sea Base, $635,000,000;
            LHA Replacement, $1,710,927,000;
            Expeditionary Fast Transport, $225,000,000;
            TAO Fleet Oiler, $457,988,000;
            TAO Fleet Oiler (AP), $75,068,000;

[[Page 132 STAT. 456]]

            Towing, Salvage, and Rescue Ship, $76,204,000;
            T-AGS Oceanographic Survey Ship, $180,000,000;
            Ship to Shore Connector, $524,554,000;
            Service Craft, $62,994,000;
            For outfitting, post delivery, conversions, and first 
        destination transportation, $489,073,000;
            Completion of Prior Year Shipbuilding Programs, 
        $117,542,000; and
            Polar Icebreakers, $150,000,000.

    In all: $23,824,738,000, to remain available for obligation until 
September 30, 2022:  Provided, That additional obligations may be 
incurred after September 30, 2022, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction:  Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel:  Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards:  Provided further, That funds 
appropriated or otherwise made available by this Act for production of 
the common missile compartment of nuclear-powered vessels may be 
available for multiyear procurement of critical components to support 
continuous production of such compartments only in accordance with the 
provisions of subsection (i) of section 2218a of title 10, United States 
Code (as added by section 1023 of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114-328)).

                         Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except ordnance 
for new aircraft, new ships, and ships authorized for conversion); the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $7,941,018,000, to remain available for obligation 
until September 30, 2020.

                        Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, and 
accessories therefor; plant equipment, appliances, and machine tools, 
and installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; vehicles for the 
Marine Corps, including the purchase of passenger motor vehicles for 
replacement only; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title, $1,942,737,000, to remain available for obligation until 
September 30, 2020.

[[Page 132 STAT. 457]]

                     Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $18,504,556,000, to remain available for 
obligation until September 30, 2020.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
rockets, and related equipment, including spare parts and accessories 
therefor; ground handling equipment, and training devices; expansion of 
public and private plants, Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of land, 
for the foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing purposes 
including rents and transportation of things, $2,207,747,000, to remain 
available for obligation until September 30, 2020.

                      Space Procurement, Air Force

    For construction, procurement, and modification of spacecraft, 
rockets, and related equipment, including spare parts and accessories 
therefor; ground handling equipment, and training devices; expansion of 
public and private plants, Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of land, 
for the foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing purposes 
including rents and transportation of things, $3,552,175,000, to remain 
available for obligation until September 30, 2020.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other

[[Page 132 STAT. 458]]

expenses necessary for the foregoing purposes, $1,651,977,000, to remain 
available for obligation until September 30, 2020.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon, 
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $20,503,273,000, to remain available for 
obligation until September 30, 2020.

                        Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments) necessary for procurement, 
production, and modification of equipment, supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of 
passenger motor vehicles for replacement only; expansion of public and 
private plants, equipment, and installation thereof in such plants, 
erection of structures, and acquisition of land for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway, 
$5,429,270,000, to remain available for obligation until September 30, 
2020.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
4518, 4531, 4532, and 4533), $67,401,000, to remain available until 
expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $10,647,426,000, to 
remain available for obligation until September 30, 2019.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment,

[[Page 132 STAT. 459]]

$18,010,754,000, to remain available for obligation until September 30, 
2019:  Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $37,428,078,000, to 
remain available for obligation until September 30, 2019.

        Research, Development, Test and Evaluation, Defense-Wide

                      (including transfer of funds)

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments), necessary for basic and applied 
scientific research, development, test and evaluation; advanced research 
projects as may be designated and determined by the Secretary of 
Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $22,010,975,000, to remain 
available for obligation until September 30, 2019:  Provided, That, of 
the funds made available in this paragraph, $250,000,000 for the Defense 
Rapid Innovation Program shall only be available for expenses, not 
otherwise provided for, to include program management and oversight, to 
conduct research, development, test and evaluation to include proof of 
concept demonstration; engineering, testing, and validation; and 
transition to full-scale production:  Provided further, That the 
Secretary of Defense may transfer funds provided herein for the Defense 
Rapid Innovation Program to appropriations for research, development, 
test and evaluation to accomplish the purpose provided herein:  Provided 
further, That this transfer authority is in addition to any other 
transfer authority available to the Department of Defense:  Provided 
further, That the Secretary of Defense shall, not fewer than 30 days 
prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation, 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $210,900,000, to remain available for obligation until 
September 30, 2019.

[[Page 132 STAT. 460]]

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,685,596,000.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by law, 
$34,428,167,000; of which $31,521,850,000 shall be for operation and 
maintenance, of which not to exceed one percent shall remain available 
for obligation until September 30, 2019, and of which up to 
$15,349,700,000 may be available for contracts entered into under the 
TRICARE program; of which $867,002,000, to remain available for 
obligation until September 30, 2020, shall be for procurement; and of 
which $2,039,315,000, to remain available for obligation until September 
30, 2019, shall be for research, development, test and evaluation:  
Provided, That, notwithstanding any other provision of law, of the 
amount made available under this heading for research, development, test 
and evaluation, not less than $8,000,000 shall be available for HIV 
prevention educational activities undertaken in connection with United 
States military training, exercises, and humanitarian assistance 
activities conducted primarily in African nations:  Provided further, 
That of the funds provided under this heading for research, development, 
test and evaluation, not less than $1,095,100,000 shall be made 
available to the United States Army Medical Research and Materiel 
Command to carry out the congressionally directed medical research 
programs.

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents and 
munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $961,732,000, of which $104,237,000 shall be 
for operation and maintenance, of which no less than $49,401,000 shall 
be for the Chemical Stockpile Emergency Preparedness Program, consisting 
of $21,045,000 for activities on military installations and $28,356,000, 
to remain available until September 30, 2019, to assist State and local 
governments; $18,081,000 shall be for procurement, to remain available 
until September 30, 2020, of which $16,787,000 shall be for the Chemical 
Stockpile Emergency Preparedness Program to assist State and local 
governments and $1,294,000 for activities on military installations; and 
$839,414,000, to remain available until September 30, 2019, shall be for 
research, development, test and evaluation, of which $831,900,000 shall 
only be for the Assembled Chemical Weapons Alternatives program.

[[Page 132 STAT. 461]]

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $934,814,000, of which $552,648,000 
shall be for counter-narcotics support; $120,813,000 shall be for the 
drug demand reduction program; $236,353,000 shall be for the National 
Guard counter-drug program; and $25,000,000 shall be for the National 
Guard counter-drug schools program:  Provided, That the funds 
appropriated under this heading shall be available for obligation for 
the same time period and for the same purpose as the appropriation to 
which transferred:  Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.

                     Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $321,887,000, of which $319,087,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval or 
authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $2,800,000, to remain available until September 
30, 2019, shall be for research, development, test and evaluation.

                                TITLE VII

                            RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $514,000,000.

                Intelligence Community Management Account

    For necessary expenses of the Intelligence Community Management 
Account, $537,600,000.

[[Page 132 STAT. 462]]

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002.  During <<NOTE: 10 USC 1584 note.>>  the current fiscal 
year, provisions of law prohibiting the payment of compensation to, or 
employment of, any person not a citizen of the United States shall not 
apply to personnel of the Department of Defense:  Provided, That salary 
increases granted to direct and indirect hire foreign national employees 
of the Department of Defense funded by this Act shall not be at a rate 
in excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher:  Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980:  Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.

    Sec. 8003.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.
    Sec. 8004.  No more than 25 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year:  
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training of 
the Reserve Officers' Training Corps.

                           (transfer of funds)

    Sec. 8005.  Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$4,250,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time period, 
as the appropriation or fund to which transferred:  Provided, That such 
authority to transfer may not be used unless for higher priority items, 
based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which funds 
are requested has been denied by the Congress:  Provided further, That 
the Secretary of Defense shall notify the Congress promptly of all 
transfers made pursuant to this authority or any other authority in this 
Act:  Provided further, That no part of the funds in this Act shall be 
available to prepare or present a request to the Committees on 
Appropriations for reprogramming of funds, unless for higher priority 
items, based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the

[[Page 132 STAT. 463]]

item for which reprogramming is requested has been denied by the 
Congress:  Provided further, That a request for multiple reprogrammings 
of funds using authority provided in this section shall be made prior to 
June 30, 2018:  Provided further, That transfers among military 
personnel appropriations shall not be taken into account for purposes of 
the limitation on the amount of funds that may be transferred under this 
section.
    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled Explanation of Project Level 
Adjustments in the explanatory statement regarding this Act, the 
obligation and expenditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and activities for 
which the amounts appropriated exceed the amounts requested are hereby 
required by law to be carried out in the manner provided by such tables 
to the same extent as if the tables were included in the text of this 
Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act:  Provided, That section 8005 
shall apply when transfers of the amounts described in subsection (a) 
occur between appropriation accounts.
    Sec. 8007. (a) Not later than 60 days after enactment of this Act, 
the Department of Defense shall submit a report to the congressional 
defense committees to establish the baseline for application of 
reprogramming and transfer authorities for fiscal year 2018:  Provided, 
That the report shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.

    (b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency requirement:  
Provided, That this subsection shall not apply to transfers from the 
following appropriations accounts:
            (1) ``Environmental Restoration, Army'';
            (2) ``Environmental Restoration, Navy'';
            (3) ``Environmental Restoration, Air Force'';
            (4) ``Environmental Restoration, Defense-Wide'';
            (5) ``Environmental Restoration, Formerly Used Defense 
        Sites''; and
            (6) ``Drug Interdiction and Counter-drug Activities, 
        Defense''.

[[Page 132 STAT. 464]]

                           (transfer of funds)

    Sec. 8008.  During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds:  Provided, That transfers may be made between such 
funds:  Provided further, That transfers may be made between working 
capital funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' appropriation 
accounts in such amounts as may be determined by the Secretary of 
Defense, with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Secretary of 
Defense has notified the Congress of the proposed transfer:  Provided 
further, That except in amounts equal to the amounts appropriated to 
working capital funds in this Act, no obligations may be made against a 
working capital fund to procure or increase the value of war reserve 
material inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation.
    Sec. 8009.  Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 calendar 
days in advance to the congressional defense committees.
    Sec. 8010.  None <<NOTE: 10 USC 2306b note.>>  of the funds provided 
in this Act shall be available to initiate: (1) a multiyear contract 
that employs economic order quantity procurement in excess of 
$20,000,000 in any one year of the contract or that includes an unfunded 
contingent liability in excess of $20,000,000; or (2) a contract for 
advance procurement leading to a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in any one 
year, unless the congressional defense committees have been notified at 
least 30 days in advance of the proposed contract award:  Provided, That 
no part of any appropriation contained in this Act shall be available to 
initiate a multiyear contract for which the economic order quantity 
advance procurement is not funded at least to the limits of the 
Government's liability:  Provided further, That no part of any 
appropriation contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or component thereof if 
the value of the multiyear contract would exceed $500,000,000 unless 
specifically provided in this Act:  Provided further, That no multiyear 
procurement contract can be terminated without 30-day prior notification 
to the congressional defense committees:  Provided further, That the 
execution of multiyear authority shall require the use of a present 
value analysis to determine lowest cost compared to an annual 
procurement:  Provided further, That none of the funds provided in this 
Act may be used for a multiyear contract executed after the date of the 
enactment of this Act unless in the case of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        budget request for full funding of units to be procured through 
        the contract and, in the case of a contract for procurement of 
        aircraft, that includes, for any aircraft unit to be procured 
        through the contract for which procurement funds are requested 
        in that budget request for production beyond advance procurement 
        activities in the fiscal year covered by the budget, full 
        funding of procurement of such unit in that fiscal year;

[[Page 132 STAT. 465]]

            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the contractor 
        associated with the production of unfunded units to be delivered 
        under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.

    Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows: V-22 Osprey aircraft 
variants; up to 13 SSN Virginia Class Submarines and Government-
furnished equipment; and DDG-51 Arleigh Burke class Flight III guided 
missile destroyers, the MK41 Vertical Launching Systems, and associated 
Government-furnished systems and subsystems:  Provided, That the term of 
any multiyear procurement contract for V-22 Osprey aircraft variants 
entered into for use of any part of any appropriation contained in this 
Act may not exceed 5 years.
    Sec. 8011.  Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States Code. 
Such funds may also be obligated for humanitarian and civic assistance 
costs incidental to authorized operations and pursuant to authority 
granted in section 401 of chapter 20 of title 10, United States Code, 
and these obligations shall be reported as required by section 401(d) of 
title 10, United States Code:  Provided, That funds available for 
operation and maintenance shall be available for providing humanitarian 
and similar assistance by using Civic Action Teams in the Trust 
Territories of the Pacific Islands and freely associated states of 
Micronesia, pursuant to the Compact of Free Association as authorized by 
Public Law 99-239:  Provided further, That upon a determination by the 
Secretary of the Army that such action is beneficial for graduate 
medical education programs conducted at Army medical facilities located 
in Hawaii, the Secretary of the Army may authorize the provision of 
medical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana Islands, the 
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
    Sec. 8012. (a) During the current fiscal year, the civilian 
personnel of the Department of Defense may not be managed on the basis 
of any end-strength, and the management of such personnel during that 
fiscal year shall not be subject to any constraint or limitation (known 
as an end-strength) on the number of such personnel who may be employed 
on the last day of such fiscal year.
    (b) The fiscal year 2019 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2019 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2019.
    (c) As required by section 1107 of the National Defense 
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 
2358 note) civilian personnel at the Department of Army

[[Page 132 STAT. 466]]

Science and Technology Reinvention Laboratories may not be managed on 
the basis of the Table of Distribution and Allowances, and the 
management of the workforce strength shall be done in a manner 
consistent with the budget available with respect to such Laboratories.
    (d) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8013.  None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8014.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment:  Provided, That this section shall 
not apply to those members who have reenlisted with this option prior to 
October 1, 1987:  Provided further, That this section applies only to 
active components of the Army.

                           (transfer of funds)

    Sec. 8015.  Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental assistance agreement 
pursuant to section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended, 
under the authority of this provision or any other transfer authority 
contained in this Act.
    Sec. 8016.  None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and agencies) 
of welded shipboard anchor and mooring chain 4 inches in diameter and 
under unless the anchor and mooring chain are manufactured in the United 
States from components which are substantially manufactured in the 
United States:  Provided, That for the purpose of this section, the term 
``manufactured'' shall include cutting, heat treating, quality control, 
testing of chain and welding (including the forging and shot blasting 
process):  Provided further, That for the purpose of this section 
substantially all of the components of anchor and mooring chain shall be 
considered to be produced or manufactured in the United States if the 
aggregate cost of the components produced or manufactured in the United 
States exceeds the aggregate cost of the components produced or 
manufactured outside the United States:  Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations 
that such an acquisition must be made in order to acquire capability for 
national security purposes.
    Sec. 8017.  None of the funds appropriated by this Act shall be used 
for the support of any nonappropriated funds activity of the Department 
of Defense that procures malt beverages and

[[Page 132 STAT. 467]]

wine with nonappropriated funds for resale (including such alcoholic 
beverages sold by the drink) on a military installation located in the 
United States unless such malt beverages and wine are procured within 
that State, or in the case of the District of Columbia, within the 
District of Columbia, in which the military installation is located:  
Provided, That, in a case in which the military installation is located 
in more than one State, purchases may be made in any State in which the 
installation is located:  Provided further, That such local procurement 
requirements for malt beverages and wine shall apply to all alcoholic 
beverages only for military installations in States which are not 
contiguous with another State:  Provided further, That alcoholic 
beverages other than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most competitive 
source, price and other factors considered.
    Sec. 8018.  None of the funds available to the Department of Defense 
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand 
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 
pistols, or to demilitarize or destroy small arms ammunition or 
ammunition components that are not otherwise prohibited from commercial 
sale under Federal law, unless the small arms ammunition or ammunition 
components are certified by the Secretary of the Army or designee as 
unserviceable or unsafe for further use.
    Sec. 8019.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region:  
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional defense 
committees that such a relocation is required in the best interest of 
the Government.
    Sec. 8020.  Of the funds made available in this Act, $20,000,000 
shall be available for incentive payments authorized by section 504 of 
the Indian Financing Act of 1974 (25 U.S.C. 1544):  Provided, That a 
prime contractor or a subcontractor at any tier that makes a subcontract 
award to any subcontractor or supplier as defined in section 1544 of 
title 25, United States Code, or a small business owned and controlled 
by an individual or individuals defined under section 4221(9) of title 
25, United States Code, shall be considered a contractor for the 
purposes of being allowed additional compensation under section 504 of 
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime 
contract or subcontract amount is over $500,000 and involves the 
expenditure of funds appropriated by an Act making appropriations for 
the Department of Defense with respect to any fiscal year:  Provided 
further, That notwithstanding section 1906 of title 41, United States 
Code, this section shall be applicable to any Department of Defense 
acquisition of supplies or services, including any contract and any 
subcontract at any tier for acquisition of commercial items produced or 
manufactured, in whole or in part, by any subcontractor or supplier 
defined in section 1544 of title 25, United States Code, or a small 
business owned and controlled by an individual or individuals defined 
under section 4221(9) of title 25, United States Code.
    Sec. 8021.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.

[[Page 132 STAT. 468]]

    Sec. 8022.  During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed $350,000,000 
for purposes specified in section 2350j(c) of title 10, United States 
Code, in anticipation of receipt of contributions, only from the 
Government of Kuwait, under that section:  Provided, That, upon receipt, 
such contributions from the Government of Kuwait shall be credited to 
the appropriations or fund which incurred such obligations.
    Sec. 8023. (a) Of the funds made available in this Act, not less 
than $43,100,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $30,800,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol Corporation 
        operation and maintenance, readiness, counter-drug activities, 
        and drug demand reduction activities involving youth programs;
            (2) $10,600,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $1,700,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.

    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8024. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit entities.
    (b) No member of a Board of Directors, Trustees, Overseers, Advisory 
Group, Special Issues Panel, Visiting Committee, or any similar entity 
of a defense FFRDC, and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be compensated for his 
or her services as a member of such entity, or as a paid consultant by 
more than one FFRDC in a fiscal year:  Provided, That a member of any 
such entity referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Federal Joint 
Travel Regulations, when engaged in the performance of membership 
duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during the current fiscal 
year may be used by a defense FFRDC, through a fee or other payment 
mechanism, for construction of new buildings not located on a military 
installation, for payment of cost sharing for projects funded by 
Government grants, for absorption of contract overruns, or for certain 
charitable contributions, not to include employee participation in 
community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2018, not more than 6,030 
staff years of technical effort (staff years) may be funded for defense 
FFRDCs:  Provided, That, of the specific amount referred to previously 
in this subsection, not more than 1,125 staff years may be funded for 
the defense studies and analysis FFRDCs:  Provided further, That this 
subsection shall not apply to staff years funded in the National 
Intelligence Program (NIP) and the Military Intelligence Program (MIP).

[[Page 132 STAT. 469]]

    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2019 budget request, submit a report presenting 
the specific amounts of staff years of technical effort to be allocated 
for each defense FFRDC during that fiscal year and the associated budget 
estimates.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$131,000,000.
    Sec. 8025.  None of the funds appropriated or made available in this 
Act shall be used to procure carbon, alloy, or armor steel plate for use 
in any Government-owned facility or property under the control of the 
Department of Defense which were not melted and rolled in the United 
States or Canada:  Provided, That these procurement restrictions shall 
apply to any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) 
specifications of carbon, alloy or armor steel plate:  Provided further, 
That the Secretary of the military department responsible for the 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes:  Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of the enactment of this Act.
    Sec. 8026.  For <<NOTE: 10 USC 2731 note.>>  the purposes of this 
Act, the term ``congressional defense committees'' means the Armed 
Services Committee of the House of Representatives, the Armed Services 
Committee of the Senate, the Subcommittee on Defense of the Committee on 
Appropriations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives.

    Sec. 8027.  During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms:  
Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids:  Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8028. (a)(1) <<NOTE: 41 USC 8304 note.>>  If the Secretary of 
Defense, after consultation with the United States Trade Representative, 
determines that a foreign country which is party to an agreement 
described in paragraph (2) has violated the terms of the agreement by 
discriminating against certain types of products produced in the United 
States that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act with 
respect to such types of products produced in that foreign country.

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

[[Page 132 STAT. 470]]

of Defense has prospectively waived the Buy American Act for certain 
products in that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2018. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to any 
agreement described in subsection (a)(2), the Trade Agreement Act of 
1979 (19 U.S.C. 2501 et seq.), or any international agreement to which 
the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 8029.  During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
    Sec. 8030. (a) Notwithstanding any other provision of law, the 
Secretary of the Air Force may convey at no cost to the Air Force, 
without consideration, to Indian tribes located in the States of Nevada, 
Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and 
Washington relocatable military housing units located at Grand Forks Air 
Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, 
Ellsworth Air Force Base, and Minot Air Force Base that are excess to 
the needs of the Air Force.
    (b) The Secretary of the Air Force shall convey, at no cost to the 
Air Force, military housing units under subsection (a) in accordance 
with the request for such units that are submitted to the Secretary by 
the Operation Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, 
Oregon, Minnesota, and Washington. Any such conveyance shall be subject 
to the condition that the housing units shall be removed within a 
reasonable period of time, as determined by the Secretary.
    (c) The Operation Walking Shield Program shall resolve any conflicts 
among requests of Indian tribes for housing units under subsection (a) 
before submitting requests to the Secretary of the Air Force under 
subsection (b).
    (d) In this section, the term ``Indian tribe'' means any recognized 
Indian tribe included on the current list published by the Secretary of 
the Interior under section 104 of the Federally Recognized Indian Tribe 
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
    Sec. 8031.  During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance may 
be used to purchase items having an investment item unit cost of not 
more than $250,000.
    Sec. 8032.  None of the funds made available by this Act may be used 
to--
            (1) disestablish, or prepare to disestablish, a Senior 
        Reserve Officers' Training Corps program in accordance with 
        Department of Defense Instruction Number 1215.08, dated June 26, 
        2006; or
            (2) close, downgrade from host to extension center, or place 
        on probation a Senior Reserve Officers' Training Corps program

[[Page 132 STAT. 471]]

        in accordance with the information paper of the Department of 
        the Army titled ``Army Senior Reserve Officer's Training Corps 
        (SROTC) Program Review and Criteria'', dated January 27, 2014.

    Sec. 8033.  The <<NOTE: 10 USC 2484 note.>>  Secretary of Defense 
shall issue regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United States, its 
territories and possessions at a price below the most competitive price 
in the local community:  Provided, That such regulations shall direct 
that the prices of tobacco or tobacco-related products in overseas 
military retail outlets shall be within the range of prices established 
for military retail system stores located in the United States.

    Sec. 8034. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2019 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2019 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2019 procurement appropriation and not in the supply 
management business area or any other area or category of the Department 
of Defense Working Capital Funds.
    Sec. 8035.  None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for obligation 
beyond the current fiscal year, except for funds appropriated for the 
Reserve for Contingencies, which shall remain available until September 
30, 2019:  Provided, That <<NOTE: 50 USC 3521 note.>>  funds 
appropriated, transferred, or otherwise credited to the Central 
Intelligence Agency Central Services Working Capital Fund during this or 
any prior or subsequent fiscal year shall remain available until 
expended:  Provided further, That any funds appropriated or transferred 
to the Central Intelligence Agency for advanced research and development 
acquisition, for agent operations, and for covert action programs 
authorized by the President under section 503 of the National Security 
Act of 1947 (50 U.S.C. 3093) shall remain available until September 30, 
2019.

    Sec. 8036.  Up to $10,322,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional Initiative Program for the purpose of enabling 
the Pacific Command to execute Theater Security Cooperation activities 
such as humanitarian assistance, and payment of incremental and 
personnel costs of training and exercising with foreign security forces: 
 Provided, That funds made available for this purpose may be used, 
notwithstanding any other funding authorities for humanitarian 
assistance, security assistance or combined exercise expenses:  Provided 
further, That funds may

[[Page 132 STAT. 472]]

not be obligated to provide assistance to any foreign country that is 
otherwise prohibited from receiving such type of assistance under any 
other provision of law.
    Sec. 8037.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $12,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8038. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with the Buy American Act. For purposes of 
this subsection, the term ``Buy American Act'' means chapter 83 of title 
41, United States Code.
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-competitive, 
quality competitive, and available in a timely fashion.
    Sec. 8039. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.

    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, if 
the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and the Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program;
            (2) an Army field operating agency established to eliminate, 
        mitigate, or counter the effects of improvised explosive 
        devices, and, as determined by the Secretary of the Army, other 
        similar threats;
            (3) an Army field operating agency established to improve 
        the effectiveness and efficiencies of biometric activities and 
        to integrate common biometric technologies throughout the 
        Department of Defense; or

[[Page 132 STAT. 473]]

            (4) an Air Force field operating agency established to 
        administer the Air Force Mortuary Affairs Program and Mortuary 
        Operations for the Department of Defense and authorized Federal 
        entities.

    Sec. 8040. (a) None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the enactment 
of this Act, is performed by Department of Defense civilian employees 
unless--
            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers for 
        performance of the activity or function, the cost of performance 
        of the activity or function by a contractor would be less costly 
        to the Department of Defense by an amount that equals or exceeds 
        the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that activity 
                or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or function 
                under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees under 
                chapter 89 of title 5, United States Code.

    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any commercial 
or industrial type function of the Department of Defense that--
            (A) is included on the procurement list established pursuant 
        to section 2 of the Javits-Wagner-O'Day Act (section 8503 of 
        title 41, United States Code);
            (B) is planned to be converted to performance by a qualified 
        nonprofit agency for the blind or by a qualified nonprofit 
        agency for other severely handicapped individuals in accordance 
        with that Act; or
            (C) is planned to be converted to performance by a qualified 
        firm under at least 51 percent ownership by an Indian tribe, as 
        defined in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
        Hawaiian Organization, as defined in section 8(a)(15) of the 
        Small Business Act (15 U.S.C. 637(a)(15)).

[[Page 132 STAT. 474]]

    (2) This section shall not apply to depot contracts or contracts for 
depot maintenance as provided in sections 2469 and 2474 of title 10, 
United States Code.
    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to be 
awarded under the authority of, and in compliance with, subsection (h) 
of section 2304 of title 10, United States Code, for the competition or 
outsourcing of commercial activities.

                              (rescissions)

    Sec. 8041.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:  Provided, 
That no amounts may be rescinded from amounts that were designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
or as an emergency requirement pursuant to the Concurrent Resolution on 
the Budget or the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended:
            ``Other Procurement, Army'', 2016/2018, $5,517,000;
            ``Aircraft Procurement, Navy'', 2016/2018, $172,000,000;
            ``Aircraft Procurement, Air Force'', 2016/2018, $56,900,000;
            ``Procurement of Ammunition, Air Force'', 2016/2018, 
        $5,000,000;
            ``Procurement, Defense-wide'', 2016/2018, $7,264,000;
            ``Missile Procurement, Army'', 2017/2019, $19,319,000;
            ``Aircraft Procurement, Army'', 2017/2019, $17,000,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, 
        Army'', 2017/2019, $7,064,000;
            ``Procurement of Ammunition, Army'', 2017/2019, $15,507,000;
            ``Other Procurement, Army'', 2017/2019, $12,535,000;
            ``Aircraft Procurement, Navy'', 2017/2019, $45,900,000;
            ``Weapons Procurement, Navy'', 2017/2019, $32,200,000;
            ``Shipbuilding and Conversion, Navy: Carrier Replacement 
        Program'', 2017/2021, $14,000,000;
            ``Aircraft Procurement, Air Force'', 2017/2019, $78,347,000;
            ``Missile Procurement, Air Force'', 2017/2019, $31,639,000;
            ``Space Procurement, Air Force'', 2017/2019, $34,900,000;
            ``Procurement of Ammunition, Air Force'', 2017/2019, 
        $18,000,000;
            ``Other Procurement, Air Force'', 2017/2019, $136,691,000;
            ``Research, Development, Test and Evaluation, Army'', 2017/
        2018, $62,331,000;
            ``Research, Development, Test and Evaluation, Navy'', 2017/
        2018, $9,128,000;
            ``Research, Development, Test and Evaluation, Air Force'', 
        2017/2018, $131,000,000; and
            ``Defense Health Program: Research, Development, Test and 
        Evaluation'', 2017/2018, $30,000,000.

    Sec. 8042.  None of the funds available in this Act may be used to 
reduce the authorized positions for military technicians (dual status) 
of the Army National Guard, Air National Guard,

[[Page 132 STAT. 475]]

Army Reserve and Air Force Reserve for the purpose of applying any 
administratively imposed civilian personnel ceiling, freeze, or 
reduction on military technicians (dual status), unless such reductions 
are a direct result of a reduction in military force structure.
    Sec. 8043.  None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to the 
Democratic People's Republic of Korea unless specifically appropriated 
for that purpose.
    Sec. 8044.  Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program and the Military Intelligence Program:  Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.
    Sec. 8045. (a) <<NOTE: 10 USC 274 note.>>  None of the funds 
available to the Department of Defense for any fiscal year for drug 
interdiction or counter-drug activities may be transferred to any other 
department or agency of the United States except as specifically 
provided in an appropriations law.

    (b) <<NOTE: 50 USC 3506 note.>>  None of the funds available to the 
Central Intelligence Agency for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law.

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

[[Page 132 STAT. 476]]

national interest, the Secretary shall make grants in the amounts 
specified as follows: $20,000,000 to the United Service Organizations 
and $24,000,000 to the Red Cross.
    Sec. 8050.  None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, unless 
the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8051.  Notwithstanding any other provision in this Act, the 
Small Business Innovation Research program and the Small Business 
Technology Transfer program set-asides shall be taken proportionally 
from all programs, projects, or activities to the extent they contribute 
to the extramural budget.
    Sec. 8052.  None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of the 
        normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

                      (including transfer of funds)

    Sec. 8053.  During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8054.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note):  Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative

[[Page 132 STAT. 477]]

        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account:  Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.

    Sec. 8055. (a) Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau may permit the use of equipment of the 
National Guard Distance Learning Project by any person or entity on a 
space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8056.  None of the funds available to the Department of Defense 
may be obligated to modify command and control relationships to give 
Fleet Forces Command operational and administrative control of United 
States Navy forces assigned to the Pacific fleet:  Provided, That the 
command and control relationships which existed on October 1, 2004, 
shall remain in force until a written modification has been proposed to 
the House and Senate Appropriations Committees:  Provided further, That 
the proposed modification may be implemented 30 days after the 
notification unless an objection is received from either the House or 
Senate Appropriations Committees:  Provided further, That any proposed 
modification shall not preclude the ability of the commander of United 
States Pacific Command to meet operational requirements.

                      (including transfer of funds)

    Sec. 8057.  Of the funds appropriated in this Act under the heading 
``Operation and Maintenance, Defense-wide'', $35,000,000 shall be for 
continued implementation and expansion of the Sexual Assault Special 
Victims' Counsel Program:  Provided, That the funds are made available 
for transfer to the Department of the Army, the Department of the Navy, 
and the Department of the Air Force:  Provided further, That funds 
transferred shall be merged with and available for the same purposes and 
for the same time period as the appropriations to which the funds are 
transferred:  Provided further, That this transfer authority is in 
addition to any other transfer authority provided in this Act.
    Sec. 8058.  None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements:  
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use:  Provided further, That the Secretary of 
Defense shall, not later than 60 days after enactment of this Act, 
submit a report detailing the use of funds requested in research, 
development, test and evaluation accounts for end-items used in 
development, prototyping and test activities preceding and leading to 
acceptance for operational use:  Provided further, That this restriction 
does not apply to programs funded within the National Intelligence 
Program:  Provided further, That

[[Page 132 STAT. 478]]

the Secretary of Defense may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that it is in the national 
security interest to do so.
    Sec. 8059. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if the 
Secretary determines that the application of the limitation with respect 
to that country would invalidate cooperative programs entered into 
between the Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of defense 
items entered into under section 2531 of title 10, United States Code, 
and the country does not discriminate against the same or similar 
defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason other 
        than the application of a waiver granted under subsection (a).

    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section XI (chapters 50-65) 
of the Harmonized Tariff Schedule of the United States and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
    Sec. 8060.  None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts may 
be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.

                      (including transfer of funds)

    Sec. 8061.  Of the amounts appropriated for ``Operation and 
Maintenance, Navy'', up to $1,000,000 shall be available for transfer to 
the John C. Stennis Center for Public Service Development Trust Fund 
established under section 116 of the John C. Stennis Center for Public 
Service Training and Development Act (2 U.S.C. 1105).
    Sec. 8062.  Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, Test 
and Evaluation, Defense-Wide'' for any new start advanced concept 
technology demonstration project or joint capability demonstration 
project may only be obligated 45 days after a report, including a 
description of the project, the planned acquisition and transition 
strategy and its estimated annual and total cost, has been provided in 
writing to the congressional defense committees:  Provided, That the 
Secretary of Defense may waive this restriction

[[Page 132 STAT. 479]]

on a case-by-case basis by certifying to the congressional defense 
committees that it is in the national interest to do so.
    Sec. 8063.  The Secretary of Defense shall continue to provide a 
classified quarterly report to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain matters as directed in 
the classified annex accompanying this Act.
    Sec. 8064.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8065.  None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the Department 
of Defense that has a center-fire cartridge and a United States military 
nomenclature designation of ``armor penetrator'', ``armor piercing 
(AP)'', ``armor piercing incendiary (API)'', or ``armor-piercing 
incendiary tracer (API-T)'', except to an entity performing 
demilitarization services for the Department of Defense under a contract 
that requires the entity to demonstrate to the satisfaction of the 
Department of Defense that armor piercing projectiles are either: (1) 
rendered incapable of reuse by the demilitarization process; or (2) used 
to manufacture ammunition pursuant to a contract with the Department of 
Defense or the manufacture of ammunition for export pursuant to a 
License for Permanent Export of Unclassified Military Articles issued by 
the Department of State.
    Sec. 8066.  Notwithstanding any other provision of law, the Chief of 
the National Guard Bureau, or his designee, may waive payment of all or 
part of the consideration that otherwise would be required under section 
2667 of title 10, United States Code, in the case of a lease of personal 
property for a period not in excess of 1 year to any organization 
specified in section 508(d) of title 32, United States Code, or any 
other youth, social, or fraternal nonprofit organization as may be 
approved by the Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis.

                      (including transfer of funds)

    Sec. 8067.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $66,881,780 shall remain 
available until expended:  Provided, That, notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government:  Provided 
further, That the Secretary of Defense is authorized to enter into and 
carry out contracts for the acquisition of real property, construction, 
personal services, and operations related to projects carrying out the 
purposes of this section:  Provided further, That contracts entered into 
under the authority of this section may provide for such indemnification 
as the Secretary determines to be necessary:  Provided further, That 
projects authorized by this section shall comply with applicable 
Federal, State, and local law to the maximum extent consistent with the 
national security, as determined by the Secretary of Defense.
    Sec. 8068. (a) None of the funds appropriated in this or any other 
Act may be used to take any action to modify--

[[Page 132 STAT. 480]]

            (1) the appropriations account structure for the National 
        Intelligence Program budget, including through the creation of a 
        new appropriation or new appropriation account;
            (2) how the National Intelligence Program budget request is 
        presented in the unclassified P-1, R-1, and O-1 documents 
        supporting the Department of Defense budget request;
            (3) the process by which the National Intelligence Program 
        appropriations are apportioned to the executing agencies; or
            (4) the process by which the National Intelligence Program 
        appropriations are allotted, obligated and disbursed.

    (b) Nothing in section (a) shall be construed to prohibit the merger 
of programs or changes to the National Intelligence Program budget at or 
below the Expenditure Center level, provided such change is otherwise in 
accordance with paragraphs (a)(1)-(3).
    (c) The Director of National Intelligence and the Secretary of 
Defense may jointly, only for the purposes of achieving auditable 
financial statements and improving fiscal reporting, study and develop 
detailed proposals for alternative financial management processes. Such 
study shall include a comprehensive counterintelligence risk assessment 
to ensure that none of the alternative processes will adversely affect 
counterintelligence.
    (d) Upon development of the detailed proposals defined under 
subsection (c), the Director of National Intelligence and the Secretary 
of Defense shall--
            (1) provide the proposed alternatives to all affected 
        agencies;
            (2) receive certification from all affected agencies 
        attesting that the proposed alternatives will help achieve 
        auditability, improve fiscal reporting, and will not adversely 
        affect counterintelligence; and
            (3) not later than 30 days after receiving all necessary 
        certifications under paragraph (2), present the proposed 
        alternatives and certifications to the congressional defense and 
        intelligence committees.

    Sec. 8069.  In addition to amounts provided elsewhere in this Act, 
$10,000,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended:  Provided, That 
notwithstanding any other provision of law, that upon the determination 
of the Secretary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher House 
Foundation, Inc., only for the construction and furnishing of additional 
Fisher Houses to meet the needs of military family members when 
confronted with the illness or hospitalization of an eligible military 
beneficiary.
    Sec. 8070.  Any <<NOTE: 10 USC 2302 note.>>  notice that is required 
to be submitted to the Committees on Appropriations of the Senate and 
the House of Representatives under section 806(c)(4) of the Bob Stump 
National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 
note) after the date of the enactment of this Act shall be submitted 
pursuant to that requirement concurrently to the Subcommittees on 
Defense of the Committees on Appropriations of the Senate and the House 
of Representatives.

[[Page 132 STAT. 481]]

                      (including transfer of funds)

    Sec. 8071.  Of the amounts appropriated in this Act under the 
headings ``Procurement, Defense-Wide'' and ``Research, Development, Test 
and Evaluation, Defense-Wide'', $705,800,000 shall be for the Israeli 
Cooperative Programs:  Provided, That of this amount, $92,000,000 shall 
be for the Secretary of Defense to provide to the Government of Israel 
for the procurement of the Iron Dome defense system to counter short-
range rocket threats, subject to the U.S.-Israel Iron Dome Procurement 
Agreement, as amended; $221,500,000 shall be for the Short Range 
Ballistic Missile Defense (SRBMD) program, including cruise missile 
defense research and development under the SRBMD program, of which 
$120,000,000 shall be for co-production activities of SRBMD systems in 
the United States and in Israel to meet Israel's defense requirements 
consistent with each nation's laws, regulations, and procedures, subject 
to the U.S.-Israeli co-production agreement for SRBMD, as amended; 
$310,000,000 shall be for an upper-tier component to the Israeli Missile 
Defense Architecture, of which $120,000,000 shall be for co-production 
activities of Arrow 3 Upper Tier systems in the United States and in 
Israel to meet Israel's defense requirements consistent with each 
nation's laws, regulations, and procedures, subject to the U.S.-Israeli 
co-production agreement for Arrow 3 Upper Tier, as amended, of which 
$105,000,000 shall be for testing of the upper-tier component to the 
Israeli Missile Defense Architecture in the United States; and 
$82,300,000 shall be for the Arrow System Improvement Program including 
development of a long range, ground and airborne, detection suite:  
Provided further, That the transfer authority provided under this 
provision is in addition to any other transfer authority contained in 
this Act.

                      (including transfer of funds)

    Sec. 8072.  Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $117,542,000 shall be 
available until September 30, 2018, to fund prior year shipbuilding cost 
increases:  Provided, That upon enactment of this Act, the Secretary of 
the Navy shall transfer funds to the following appropriations in the 
amounts specified:  Provided further, That the amounts transferred shall 
be merged with and be available for the same purposes as the 
appropriations to which transferred to:
            (1) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2008/2018: Carrier Replacement Program $20,000,000;
            (2) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2012/2018: DDG-51 Destroyer $19,436,000;
            (3) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2012/2018: Littoral Combat Ship $6,394,000;
            (4) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2012/2018: LHA Replacement $14,200,000;
            (5) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2013/2018: DDG-51 Destroyer $31,941,000;
            (6) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2014/2018: Litoral Combat Ship $20,471,000; and
            (7) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2015/2018: LCAC $5,100,000.

    Sec. 8073.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are

[[Page 132 STAT. 482]]

deemed to be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during 
fiscal year 2018 until the enactment of the Intelligence Authorization 
Act for Fiscal Year 2018.
    Sec. 8074.  None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming of funds 
that creates or initiates a new program, project, or activity unless 
such program, project, or activity must be undertaken immediately in the 
interest of national security and only after written prior notification 
to the congressional defense committees.
    Sec. 8075.  The <<NOTE: 10 USC 221.>>  budget of the President for 
fiscal year 2019 submitted to the Congress pursuant to section 1105 of 
title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed Forces' 
participation in contingency operations for the Military Personnel 
accounts, the Operation and Maintenance accounts, the Procurement 
accounts, and the Research, Development, Test and Evaluation accounts:  
Provided, That these documents shall include a description of the 
funding requested for each contingency operation, for each military 
service, to include all Active and Reserve components, and for each 
appropriations account:  Provided further, That these documents shall 
include estimated costs for each element of expense or object class, a 
reconciliation of increases and decreases for each contingency 
operation, and programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and estimates of the 
major weapons systems deployed in support of each contingency:  Provided 
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management 
Regulation) for all contingency operations for the budget year and the 
two preceding fiscal years.

    Sec. 8076.  None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.
    Sec. 8077.  Notwithstanding any other provision of this Act, to 
reflect savings due to favorable foreign exchange rates, the total 
amount appropriated in this Act is hereby reduced by $4,000,000.
    Sec. 8078.  The Secretary of Defense may use up to $800,000,000 of 
the amounts appropriated or otherwise made available in this Act to the 
Department of Defense for the rapid acquisition and deployment of 
supplies and associated support services pursuant to section 806 of the 
Bob Stump National Defense Authorization Act for Fiscal Year 2003 
(Public Law 107-314; 10 U.S.C. 2302 note):  Provided, That the Secretary 
of Defense shall notify the congressional defense committees promptly of 
all uses of this authority.
    Sec. 8079.  None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such action 
would reduce the WC-130 Weather Reconnaissance mission below the levels 
funded in this Act:  Provided, That the Air Force shall allow the 53rd 
Weather Reconnaissance Squadron to perform other missions in support of 
national defense requirements during the non-hurricane season.
    Sec. 8080.  None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless the 
information has been lawfully collected and processed during

[[Page 132 STAT. 483]]

the conduct of authorized foreign intelligence activities:  Provided, 
That information pertaining to United States persons shall only be 
handled in accordance with protections provided in the Fourth Amendment 
of the United States Constitution as implemented through Executive Order 
No. 12333.
    Sec. 8081. (a) None of the funds appropriated by this Act may be 
used to transfer research and development, acquisition, or other program 
authority relating to current tactical unmanned aerial vehicles (TUAVs) 
from the Army.
    (b) The Army shall retain responsibility for and operational control 
of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to 
support the Secretary of Defense in matters relating to the employment 
of unmanned aerial vehicles.
    Sec. 8082.  None of the funds appropriated by this Act for programs 
of the Office of the Director of National Intelligence shall remain 
available for obligation beyond the current fiscal year, except for 
funds appropriated for research and technology, which shall remain 
available until September 30, 2019.
    Sec. 8083.  For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered to 
be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior fiscal 
year, and the 1 percent limitation shall apply to the total amount of 
the appropriation.
    Sec. 8084. (a) Not later than 60 days after the date of enactment of 
this Act, the Director of National Intelligence shall submit a report to 
the congressional intelligence committees to establish the baseline for 
application of reprogramming and transfer authorities for fiscal year 
2018:  Provided, That the report shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation by 
        Expenditure Center and project; and
            (3) an identification of items of special congressional 
        interest.

    (b) None of the funds provided for the National Intelligence Program 
in this Act shall be available for reprogramming or transfer until the 
report identified in subsection (a) is submitted to the congressional 
intelligence committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence committees that 
such reprogramming or transfer is necessary as an emergency requirement.
    Sec. 8085.  None of the funds made available by this Act may be used 
to eliminate, restructure, or realign Army Contracting Command--New 
Jersey or make disproportionate personnel reductions at any Army 
Contracting Command--New Jersey sites without 30-day prior notification 
to the congressional defense committees.
    Sec. 8086.  Notwithstanding any other provision of law, any transfer 
of funds, appropriated or otherwise made available by this Act, for 
support to friendly foreign countries in connection with the conduct of 
operations in which the United States is not participating, pursuant to 
section 331(d) Title 10 U.S.C. shall be made in accordance with sections 
8005 or 9002 of this Act, as applicable.

[[Page 132 STAT. 484]]

    Sec. 8087.  Any transfer of amounts appropriated to, credited to, or 
deposited in the Department of Defense Acquisition Workforce Development 
Fund in or for fiscal year 2018 to a military department or Defense 
Agency pursuant to section 1705(e)(1) of title 10, United States Code, 
shall be covered by and subject to sections 8005 or 9002 of this Act, as 
applicable.
    Sec. 8088.  None of the funds made available by this Act for excess 
defense articles, assistance under section 333 of title 10, United 
States Code, or peacekeeping operations for the countries designated 
annually to be in violation of the standards of the Child Soldiers 
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be 
used to support any military training or operation that includes child 
soldiers, as defined by the Child Soldiers Prevention Act of 2008, 
unless such assistance is otherwise permitted under section 404 of the 
Child Soldiers Prevention Act of 2008.
    Sec. 8089. (a) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall be 
available for obligation or expenditure through a reprogramming or 
transfer of funds in accordance with section 102A(d) of the National 
Security Act of 1947 (50 U.S.C. 3024(d)) that--
            (1) creates a new start effort;
            (2) terminates a program with appropriated funding of 
        $10,000,000 or more;
            (3) transfers funding into or out of the National 
        Intelligence Program; or
            (4) transfers funding between appropriations,

unless the congressional intelligence committees are notified 30 days in 
advance of such reprogramming of funds; this notification period may be 
reduced for urgent national security requirements.
    (b) None of the funds provided for the National Intelligence Program 
in this or any prior appropriations Act shall be available for 
obligation or expenditure through a reprogramming or transfer of funds 
in accordance with section 102A(d) of the National Security Act of 1947 
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of 
the levels specified in the classified annex accompanying the Act unless 
the congressional intelligence committees are notified 30 days in 
advance of such reprogramming of funds; this notification period may be 
reduced for urgent national security requirements.
    Sec. 8090.  The <<NOTE: 50 USC 3103 note.>>  Director of National 
Intelligence shall submit to Congress each year, at or about the time 
that the President's budget is submitted to Congress that year under 
section 1105(a) of title 31, United States Code, a future-years 
intelligence program (including associated annexes) reflecting the 
estimated expenditures and proposed appropriations included in that 
budget. Any such future-years intelligence program shall cover the 
fiscal year with respect to which the budget is submitted and at least 
the four succeeding fiscal years.

    Sec. 8091.  For the purposes of this Act, the term ``congressional 
intelligence committees'' means the Permanent Select Committee on 
Intelligence of the House of Representatives, the Select Committee on 
Intelligence of the Senate, the Subcommittee on Defense of the Committee 
on Appropriations of the House of Representatives, and the Subcommittee 
on Defense of the Committee on Appropriations of the Senate.

[[Page 132 STAT. 485]]

                      (including transfer of funds)

    Sec. 8092.  During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of this Act 
for ``Operation and Maintenance, Army'', ``Operation and Maintenance, 
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred 
by the military department concerned to its central fund established for 
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United 
States Code.
    Sec. 8093.  None of the funds appropriated by this Act may be 
available for the purpose of making remittances to the Department of 
Defense Acquisition Workforce Development Fund in accordance with 
section 1705 of title 10, United States Code.
    Sec. 8094. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public Web 
site of that agency any report required to be submitted by the Congress 
in this or any other Act, upon the determination by the head of the 
agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.

    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee or 
Committees of Congress for no less than 45 days.
    Sec. 8095. (a) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal contract for an 
amount in excess of $1,000,000, unless the contractor agrees not to--
            (1) enter into any agreement with any of its employees or 
        independent contractors that requires, as a condition of 
        employment, that the employee or independent contractor agree to 
        resolve through arbitration any claim under title VII of the 
        Civil Rights Act of 1964 or any tort related to or arising out 
        of sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention; or
            (2) take any action to enforce any provision of an existing 
        agreement with an employee or independent contractor that 
        mandates that the employee or independent contractor resolve 
        through arbitration any claim under title VII of the Civil 
        Rights Act of 1964 or any tort related to or arising out of 
        sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention.

    (b) None of the funds appropriated or otherwise made available by 
this Act may be expended for any Federal contract unless the contractor 
certifies that it requires each covered subcontractor to agree not to 
enter into, and not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of subsection (a), with 
respect to any employee or independent contractor performing work 
related to such subcontract. For purposes of this subsection, a 
``covered subcontractor'' is an entity that has a subcontract in excess 
of $1,000,000 on a contract subject to subsection (a).
    (c) The prohibitions in this section do not apply with respect to a 
contractor's or subcontractor's agreements with employees or

[[Page 132 STAT. 486]]

independent contractors that may not be enforced in a court of the 
United States.
    (d) The Secretary of Defense may waive the application of subsection 
(a) or (b) to a particular contractor or subcontractor for the purposes 
of a particular contract or subcontract if the Secretary or the Deputy 
Secretary personally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, and that the 
term of the contract or subcontract is not longer than necessary to 
avoid such harm. The determination shall set forth with specificity the 
grounds for the waiver and for the contract or subcontract term 
selected, and shall state any alternatives considered in lieu of a 
waiver and the reasons each such alternative would not avoid harm to 
national security interests of the United States. The Secretary of 
Defense shall transmit to Congress, and simultaneously make public, any 
determination under this subsection not less than 15 business days 
before the contract or subcontract addressed in the determination may be 
awarded.

                      (including transfer of funds)

    Sec. 8096.  From within the funds appropriated for operation and 
maintenance for the Defense Health Program in this Act, up to 
$115,519,000, shall be available for transfer to the Joint Department of 
Defense-Department of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 of the National 
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:  
Provided, That for purposes of section 1704(b), the facility operations 
funded are operations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Veterans Affairs 
Medical Center, the Navy Ambulatory Care Center, and supporting 
facilities designated as a combined Federal medical facility as 
described by section 706 of Public Law 110-417:  Provided further, That 
additional funds may be transferred from funds appropriated for 
operation and maintenance for the Defense Health Program to the Joint 
Department of Defense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Secretary of Defense 
to the Committees on Appropriations of the House of Representatives and 
the Senate.
    Sec. 8097.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Defense or a 
component thereof in contravention of the provisions of section 130h of 
title 10, United States Code.
    Sec. 8098.  Appropriations available to the Department of Defense 
may be used for the purchase of heavy and light armored vehicles for the 
physical security of personnel or for force protection purposes up to a 
limit of $450,000 per vehicle, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles.

                      (including transfer of funds)

    Sec. 8099.  Upon a determination by the Director of National 
Intelligence that such action is necessary and in the national interest, 
the Director may, with the approval of the Office of Management and 
Budget, transfer not to exceed $1,500,000,000 of the funds made 
available in this Act for the National Intelligence

[[Page 132 STAT. 487]]

Program:  Provided, That such authority to transfer may not be used 
unless for higher priority items, based on unforeseen intelligence 
requirements, than those for which originally appropriated and in no 
case where the item for which funds are requested has been denied by the 
Congress:  Provided further, That a request for multiple reprogrammings 
of funds using authority provided in this section shall be made prior to 
June 30, 2018.
    Sec. 8100.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other detainee 
who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.

    Sec. 8101. (a) None of the funds appropriated or otherwise made 
available in this or any other Act may be used to construct, acquire, or 
modify any facility in the United States, its territories, or 
possessions to house any individual described in subsection (c) for the 
purposes of detention or imprisonment in the custody or under the 
effective control of the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    Sec. 8102.  None of the funds appropriated or otherwise made 
available in this Act may be used to transfer any individual detained at 
United States Naval Station Guantanamo Bay, Cuba, to the custody or 
control of the individual's country of origin, any other foreign 
country, or any other foreign entity except in accordance with section 
1034 of the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114-92) and section 1034 of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
    Sec. 8103.  None of the funds made available by this Act may be used 
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
    Sec. 8104. (a) None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the Secretary of 
Defense, or any other official or officer of the Department of Defense, 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, or make a grant to, or provide a loan or loan guarantee 
to Rosoboronexport or any subsidiary of Rosoboronexport.
    (b) The Secretary of Defense may waive the limitation in subsection 
(a) if the Secretary, in consultation with the Secretary

[[Page 132 STAT. 488]]

of State and the Director of National Intelligence, determines that it 
is in the vital national security interest of the United States to do 
so, and certifies in writing to the congressional defense committees 
that, to the best of the Secretary's knowledge:
            (1) Rosoboronexport has ceased the transfer of lethal 
        military equipment to, and the maintenance of existing lethal 
        military equipment for, the Government of the Syrian Arab 
        Republic;
            (2) The armed forces of the Russian Federation have 
        withdrawn from Crimea, other than armed forces present on 
        military bases subject to agreements in force between the 
        Government of the Russian Federation and the Government of 
        Ukraine; and
            (3) Agents of the Russian Federation have ceased taking 
        active measures to destabilize the control of the Government of 
        Ukraine over eastern Ukraine.

    (c) The Inspector General of the Department of Defense shall conduct 
a review of any action involving Rosoboronexport with respect to a 
waiver issued by the Secretary of Defense pursuant to subsection (b), 
and not later than 90 days after the date on which such a waiver is 
issued by the Secretary of Defense, the Inspector General shall submit 
to the congressional defense committees a report containing the results 
of the review conducted with respect to such waiver.
    Sec. 8105.  None of the funds made available in this Act may be used 
for the purchase or manufacture of a flag of the United States unless 
such flags are treated as covered items under section 2533a(b) of title 
10, United States Code.
    Sec. 8106.  The Secretary of Defense, in consultation with the 
Service Secretaries, shall submit two reports to the congressional 
defense committees, not later than March 1, 2018, and not later than 
September 1, 2018, detailing the submission of records during the 
previous 6 months to databases accessible to the National Instant 
Criminal Background Check System (NICS), including the Interstate 
Identification Index (III), the National Crime Information Center 
(NCIC), and the NICS Index, as required by Public Law 110-180:  
Provided, That such reports shall provide the number and category of 
records submitted by month to each such database, by Service or 
Component:  Provided further, That such reports shall identify the 
number and category of records submitted by month to those databases for 
which the Identification for Firearm Sales (IFFS) flag or other database 
flags were used to pre-validate the records and indicate that such 
persons are prohibited from receiving or possessing a firearm:  Provided 
further, That such reports shall describe the steps taken during the 
previous 6 months, by Service or Component, to ensure complete and 
accurate submission and appropriate flagging of records of individuals 
prohibited from gun possession or receipt pursuant to 18 U.S.C. 922(g) 
or (n) including applicable records involving proceedings under the 
Uniform Code of Military Justice.
    Sec. 8107. (a) <<NOTE: 10 USC 2731 note.>>  Of the funds 
appropriated in this Act for the Department of Defense, amounts may be 
made available, under such regulations as the Secretary of Defense may 
prescribe, to local military commanders appointed by the Secretary, or 
by an officer or employee designated by the Secretary, to provide at 
their discretion ex gratia payments in amounts consistent with 
subsection (d) of this section for damage, personal injury, or death 
that is

[[Page 132 STAT. 489]]

incident to combat operations of the Armed Forces in a foreign country.

    (b) An ex gratia payment under this section may be provided only 
if--
            (1) the prospective foreign civilian recipient is determined 
        by the local military commander to be friendly to the United 
        States;
            (2) a claim for damages would not be compensable under 
        chapter 163 of title 10, United States Code (commonly known as 
        the ``Foreign Claims Act''); and
            (3) the property damage, personal injury, or death was not 
        caused by action by an enemy.

    (c) Nature of Payments.--Any payments provided under a program under 
subsection (a) shall not be considered an admission or acknowledgement 
of any legal obligation to compensate for any damage, personal injury, 
or death.
    (d) Amount of Payments.--If the Secretary of Defense determines a 
program under subsection (a) to be appropriate in a particular setting, 
the amounts of payments, if any, to be provided to civilians determined 
to have suffered harm incident to combat operations of the Armed Forces 
under the program should be determined pursuant to regulations 
prescribed by the Secretary and based on an assessment, which should 
include such factors as cultural appropriateness and prevailing economic 
conditions.
    (e) Legal Advice.--Local military commanders shall receive legal 
advice before making ex gratia payments under this subsection. The legal 
advisor, under regulations of the Department of Defense, shall advise on 
whether an ex gratia payment is proper under this section and applicable 
Department of Defense regulations.
    (f) Written Record.--A written record of any ex gratia payment 
offered or denied shall be kept by the local commander and on a timely 
basis submitted to the appropriate office in the Department of Defense 
as determined by the Secretary of Defense.
    (g) Report.--The Secretary of Defense shall report to the 
congressional defense committees on an annual basis the efficacy of the 
ex gratia payment program including the number of types of cases 
considered, amounts offered, the response from ex gratia payment 
recipients, and any recommended modifications to the program.
    Sec. 8108.  None of the funds available in this Act to the 
Department of Defense, other than appropriations made for necessary or 
routine refurbishments, upgrades or maintenance activities, shall be 
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set 
forth in the report submitted to Congress in accordance with section 
1042 of the National Defense Authorization Act for Fiscal Year 2012.
    Sec. 8109.  The Secretary of Defense shall post grant awards on a 
public Website in a searchable format.
    Sec. 8110.  The Secretary of each military department, in reducing 
each research, development, test and evaluation and procurement account 
of the military department as required under paragraph (1) of section 
828(d) of the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114-92; 10 U.S.C. 2430 note), as amended by section 
825(a)(3) of the National Defense Authorization Act for Fiscal Year 
2018, shall allocate the percentage

[[Page 132 STAT. 490]]

reduction determined under paragraph (2) of such section 828(d) 
proportionally from all programs, projects, or activities under such 
account:  Provided, That the authority under section 804(d)(2) of the 
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2302 note) to transfer amounts available in the Rapid 
Prototyping Fund shall be subject to section 8005 or 9002 of this Act, 
as applicable.
    Sec. 8111.  None of the funds made available by this Act may be used 
to fund the performance of a flight demonstration team at a location 
outside of the United States:  Provided, That this prohibition applies 
only if a performance of a flight demonstration team at a location 
within the United States was canceled during the current fiscal year due 
to insufficient funding.
    Sec. 8112.  None of the funds made available by this Act may be used 
by the National Security Agency to--
            (1) conduct an acquisition pursuant to section 702 of the 
        Foreign Intelligence Surveillance Act of 1978 for the purpose of 
        targeting a United States person; or
            (2) acquire, monitor, or store the contents (as such term is 
        defined in section 2510(8) of title 18, United States Code) of 
        any electronic communication of a United States person from a 
        provider of electronic communication services to the public 
        pursuant to section 501 of the Foreign Intelligence Surveillance 
        Act of 1978.

    Sec. 8113.  None of the funds made available by this Act may be 
obligated or expended to implement the Arms Trade Treaty until the 
Senate approves a resolution of ratification for the Treaty.
    Sec. 8114.  None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of any 
agency funded by this Act who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of another 
Federal agency not financed by this Act without the express 
authorization of Congress:  Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8115.  None of the funds made available in this Act may be 
obligated for activities authorized under section 1208 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support 
to, foreign forces, irregular forces, groups, or individuals unless the 
congressional defense committees are notified in accordance with the 
direction contained in the classified annex accompanying this Act, not 
less than 15 days before initiating such support:  Provided, That none 
of the funds made available in this Act may be used under section 1208 
for any activity that is not in support of an ongoing military operation 
being conducted by United States Special Operations Forces to combat 
terrorism:  Provided further, That the Secretary of Defense may waive 
the prohibitions in this section if the Secretary determines that such 
waiver is required by extraordinary circumstances and, by not later than 
72 hours after making such waiver, notifies the congressional defense 
committees of such waiver.
    Sec. 8116.  None of the funds made available by this Act may be used 
with respect to Iraq in contravention of the War Powers

[[Page 132 STAT. 491]]

Resolution (50 U.S.C. 1541 et seq.), including for the introduction of 
United States armed forces into hostilities in Iraq, into situations in 
Iraq where imminent involvement in hostilities is clearly indicated by 
the circumstances, or into Iraqi territory, airspace, or waters while 
equipped for combat, in contravention of the congressional consultation 
and reporting requirements of sections 3 and 4 of such Resolution (50 
U.S.C. 1542 and 1543).
    Sec. 8117.  None of the funds provided in this Act for the T-AO(X) 
program shall be used to award a new contract that provides for the 
acquisition of the following components unless those components are 
manufactured in the United States: Auxiliary equipment (including pumps) 
for shipboard services; propulsion equipment (including engines, 
reduction gears, and propellers); shipboard cranes; and spreaders for 
shipboard cranes.
    Sec. 8118.  Notwithstanding any other provision of this Act, to 
reflect savings due to lower than anticipated fuel costs, the total 
amount appropriated in title II of this Act is hereby reduced by 
$110,780,000.
    Sec. 8119.  None of the funds made available by this Act may be used 
for Government Travel Charge Card expenses by military or civilian 
personnel of the Department of Defense for gaming, or for entertainment 
that includes topless or nude entertainers or participants, as 
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and 
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
    Sec. 8120.  None of the funds made available by this Act may be used 
to propose, plan for, or execute a new or additional Base Realignment 
and Closure (BRAC) round.
    Sec. 8121.  Of the amounts appropriated in this Act for ``Operation 
and Maintenance, Navy'', $289,255,000, to remain available until 
expended, may be used for any purposes related to the National Defense 
Reserve Fleet established under section 11 of the Merchant Ship Sales 
Act of 1946 (50 U.S.C. 4405):  Provided, That such amounts are available 
for reimbursements to the Ready Reserve Force, Maritime Administration 
account of the United States Department of Transportation for programs, 
projects, activities, and expenses related to the National Defense 
Reserve Fleet.

                      (including transfer of funds)

    Sec. 8122.  Of the amounts appropriated in this Act, the Secretary 
of Defense may use up to $46,000,000 under the heading ``Operation and 
Maintenance, Defense-Wide'', and up to $45,000,000 under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'' to develop, 
replace, and sustain Federal Government security and suitability 
background investigation information technology systems of the Office of 
Personnel Management or other Federal agency responsible for conducting 
such investigations:  Provided, That the Secretary may transfer 
additional amounts into these headings or into ``Procurement, Defense-
Wide'' using established reprogramming procedures prescribed in the 
Department of Defense Financial Management Regulation 7000.14, Volume 3, 
Chapter 6, dated September 2015:  Provided further, That such funds 
shall supplement, not supplant any other amounts made available to other 
Federal agencies for such purposes.

[[Page 132 STAT. 492]]

    Sec. 8123.  None of the funds made available by this Act may be used 
to carry out the closure or realignment of the United States Naval 
Station, Guantanamo Bay, Cuba.
    Sec. 8124. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network is 
designed to block access to pornography websites.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities, or for any activity necessary for the national 
defense, including intelligence activities.
    Sec. 8125.  Notwithstanding any other provision of law, any transfer 
of funds appropriated or otherwise made available by this Act to the 
Global Engagement Center established by section 1287 of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
Stat. 22 U.S.C. 2656 note) shall be made in accordance with section 8005 
or 9002 of this Act, as applicable.
    Sec. 8126.  No amounts credited or otherwise made available in this 
or any other Act to the Department of Defense Acquisition Workforce 
Development Fund may be transferred to:
            (1) the Rapid Prototyping Fund established under section 
        804(d) of the National Defense Authorization Act for Fiscal Year 
        2016 (10 U.S.C. 2302 note); or
            (2) credited to a military-department specific fund 
        established under section 804(d)(2) of the National Defense 
        Authorization Act for Fiscal Year 2016 (as amended by section 
        897 of the National Defense Authorization Act for Fiscal Year 
        2017).

    Sec. 8127.  In addition to amounts provided elsewhere in this Act, 
there is appropriated $235,000,000, for an additional amount for 
``Operation and Maintenance, Defense-Wide'', to remain available until 
expended:  Provided, That such funds shall only be available to the 
Secretary of Defense, acting through the Office of Economic Adjustment 
of the Department of Defense, or for transfer to the Secretary of 
Education, notwithstanding any other provision of law, to make grants, 
conclude cooperative agreements, or supplement other Federal funds to 
construct, renovate, repair, or expand elementary and secondary public 
schools on military installations in order to address capacity or 
facility condition deficiencies at such schools:  Provided further, That 
in making such funds available, the Office of Economic Adjustment or the 
Secretary of Education shall give priority consideration to those 
military installations with schools having the most serious capacity or 
facility condition deficiencies as determined by the Secretary of 
Defense:  Provided further, That as a condition of receiving funds under 
this section a local educational agency or State shall provide a 
matching share as described in the notice titled ``Department of Defense 
Program for Construction, Renovation, Repair or Expansion of Public 
Schools Located on Military Installations'' published by the Department 
of Defense in the Federal Register on September 9, 2011 (76 Fed. Reg. 
55883 et seq.):  Provided further, That these provisions apply to funds 
provided under this section, and to funds previously provided by 
Congress to construct, renovate, repair, or expand elementary and 
secondary public schools on military installations in order to address 
capacity or facility condition deficiencies at

[[Page 132 STAT. 493]]

such schools to the extent such funds remain unobligated on the date of 
enactment of this section.
    Sec. 8128.  In carrying out the program described in the memorandum 
on the subject of ``Policy for Assisted Reproductive Services for the 
Benefit of Seriously or Severely Ill/Injured (Category II or III) Active 
Duty Service Members'' issued by the Assistant Secretary of Defense for 
Health Affairs on April 3, 2012, and the guidance issued to implement 
such memorandum, the Secretary of Defense shall apply such policy and 
guidance, except that--
            (1) the limitation on periods regarding embryo 
        cryopreservation and storage set forth in part III(G) and in 
        part IV(H) of such memorandum shall not apply; and
            (2) the term ``assisted reproductive technology'' shall 
        include embryo cryopreservation and storage without limitation 
        on the duration of such cryopreservation and storage.

    Sec. 8129.  None of the funds made available by this Act may be used 
to provide arms, training, or other assistance to the Azov Battalion.
    Sec. 8130.  None of the funds made available by this Act may be used 
to purchase heavy water from Iran.
    Sec. 8131.  Section 316(a)(2) of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115-91) is amended by striking 
``the study under this subsection'' and inserting ``the study and 
assessment under this section''.
    Sec. 8132.  Notwithstanding any other provision of law, from funds 
made available to the Department of Defense in title II of this Act 
under the heading ``Operation and Maintenance, Defense-Wide'', 
$15,000,000 shall be available for a project in a country designated by 
the Secretary of Defense:  Provided, That in furtherance of the project 
the Department of Defense is authorized to acquire services, including 
services performed pursuant to a grant agreement, from another Federal 
agency, on an advance of funds or reimbursable basis:  Provided further, 
That an order for services placed under this section is deemed to be an 
obligation in the same manner that a similar order placed under a 
contract with a private contractor is an obligation.

                                TITLE IX

                     OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$2,683,694,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$377,857,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

[[Page 132 STAT. 494]]

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$103,979,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                      Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$914,119,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                         Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$24,942,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                         Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$9,091,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$2,328,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$20,569,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$184,589,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

[[Page 132 STAT. 495]]

                   National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $5,004,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$17,352,994,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$6,449,404,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,401,536,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $10,873,895,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,575,195,000:  Provided, That of the funds provided under this 
heading, not to exceed $1,000,000,000, to remain available until 
September 30, 2019, shall be for payments to reimburse key cooperating 
nations for logistical, military, and other support, including access, 
provided to United States military and stability operations in 
Afghanistan and to counter the Islamic State of Iraq and Syria:  
Provided further, That such reimbursement payments may be made in such 
amounts as the Secretary of Defense, with the concurrence of the 
Secretary of State, and in consultation with the Director of the Office 
of Management and Budget, may determine, based on documentation 
determined by the Secretary of Defense to adequately account for the 
support provided, and such determination is final and conclusive upon 
the accounting officers of the United States, and 15 days following 
notification to the

[[Page 132 STAT. 496]]

appropriate congressional committees:  Provided further, That these 
funds may be used for the purpose of providing specialized training and 
procuring supplies and specialized equipment and providing such supplies 
and loaning such equipment on a non-reimbursable basis to coalition 
forces supporting United States military and stability operations in 
Afghanistan and to counter the Islamic State of Iraq and Syria, and 15 
days following notification to the appropriate congressional committees: 
 Provided further, That these funds may be used to support the 
Government of Jordan, in such amounts as the Secretary of Defense may 
determine, to enhance the ability of the armed forces of Jordan to 
increase or sustain security along its borders, upon 15 days prior 
written notification to the congressional defense committees outlining 
the amounts intended to be provided and the nature of the expenses 
incurred:  Provided further, That of the funds provided under this 
heading, not to exceed $750,000,000, to remain available until September 
30, 2019, shall be available to provide support and assistance to 
foreign security forces or other groups or individuals to conduct, 
support or facilitate counterterrorism, crisis response, or other 
Department of Defense security cooperation programs:  Provided further, 
That the Secretary of Defense shall provide quarterly reports to the 
congressional defense committees on the use of funds provided in this 
paragraph:  Provided further, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $24,699,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $23,980,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $3,367,000:  Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $53,523,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 497]]

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $108,111,000:  Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

              Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $15,400,000:  Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $4,666,815,000, to 
remain available until September 30, 2019:  Provided, That such funds 
shall be available to the Secretary of Defense for the purpose of 
allowing the Commander, Combined Security Transition Command--
Afghanistan, or the Secretary's designee, to provide assistance, with 
the concurrence of the Secretary of State, to the security forces of 
Afghanistan, including the provision of equipment, supplies, services, 
training, facility and infrastructure repair, renovation, construction, 
and funding:  Provided further, That the Secretary of Defense may 
obligate and expend funds made available to the Department of Defense in 
this title for additional costs associated with existing projects 
previously funded with amounts provided under the heading ``Afghanistan 
Infrastructure Fund'' in prior Acts:  Provided further, That such costs 
shall be limited to contract changes resulting from inflation, market 
fluctuation, rate adjustments, and other necessary contract actions to 
complete existing projects, and associated supervision and 
administration costs and costs for design during construction:  Provided 
further, That the Secretary may not use more than $50,000,000 under the 
authority provided in this section:  Provided further, That the 
Secretary shall notify in advance such contract changes and adjustments 
in annual reports to the congressional defense committees:  Provided 
further, That the authority to provide assistance under this heading is 
in addition to any other authority to provide assistance to foreign 
nations:  Provided further, That contributions of funds for the purposes 
provided herein from any person, foreign government, or international 
organization may be credited to this Fund, to remain available until 
expended, and used for such purposes:  Provided further, That the 
Secretary of Defense shall notify the congressional defense committees 
in writing upon the receipt and upon the obligation of any contribution, 
delineating the sources and amounts of the funds received and the 
specific use of such contributions:  Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior to obligating 
from this appropriation account, notify the congressional defense 
committees in writing of the details of any such obligation:  Provided 
further, That the Secretary of Defense shall notify the congressional 
defense committees of any proposed new projects or transfer of funds 
between budget sub-activity groups in excess of $20,000,000:  Provided 
further, That the United States may accept equipment procured using 
funds provided under this

[[Page 132 STAT. 498]]

heading in this or prior Acts that was transferred to the security 
forces of Afghanistan and returned by such forces to the United States:  
Provided further, That equipment procured using funds provided under 
this heading in this or prior Acts, and not yet transferred to the 
security forces of Afghanistan or transferred to the security forces of 
Afghanistan and returned by such forces to the United States, may be 
treated as stocks of the Department of Defense upon written notification 
to the congressional defense committees:  Provided further, That of the 
funds provided under this heading, not less than $10,000,000 shall be 
for recruitment and retention of women in the Afghanistan National 
Security Forces, and the recruitment and training of female security 
personnel:  Provided further, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    Counter-ISIS Train and Equip Fund

    For the ``Counter-Islamic State of Iraq and Syria Train and Equip 
Fund'', $1,769,000,000, to remain available until September 30, 2019:  
Provided, That such funds shall be available to the Secretary of Defense 
in coordination with the Secretary of State, to provide assistance, 
including training; equipment; logistics support, supplies, and 
services; stipends; infrastructure repair and renovation; and 
sustainment, to foreign security forces, irregular forces, groups, or 
individuals participating, or preparing to participate in activities to 
counter the Islamic State of Iraq and Syria, and their affiliated or 
associated groups:  Provided further, That these funds may be used in 
such amounts as the Secretary of Defense may determine to enhance the 
border security of nations adjacent to conflict areas including Jordan, 
Lebanon, Egypt, and Tunisia resulting from actions of the Islamic State 
of Iraq and Syria:  Provided further, That amounts made available under 
this heading shall be available to provide assistance only for 
activities in a country designated by the Secretary of Defense, in 
coordination with the Secretary of State, as having a security mission 
to counter the Islamic State of Iraq and Syria, and following written 
notification to the congressional defense committees of such 
designation:  Provided further, That the Secretary of Defense shall 
ensure that prior to providing assistance to elements of any forces or 
individuals, such elements or individuals are appropriately vetted, 
including at a minimum, assessing such elements for associations with 
terrorist groups or groups associated with the Government of Iran; and 
receiving commitments from such elements to promote respect for human 
rights and the rule of law:  Provided further, That the Secretary of 
Defense shall, not fewer than 15 days prior to obligating from this 
appropriation account, notify the congressional defense committees in 
writing of the details of any such obligation:  Provided further, That 
the Secretary of Defense may accept and retain contributions, including 
assistance in-kind, from foreign governments, including the Government 
of Iraq and other entities, to carry out assistance authorized under 
this heading:  Provided further, That contributions of funds for the 
purposes provided herein from any foreign government or other entity may 
be credited to this Fund, to remain available until expended, and used 
for such purposes:

[[Page 132 STAT. 499]]

 Provided further, That the Secretary of Defense may waive a provision 
of law relating to the acquisition of items and support services or 
sections 40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 
2785) if the Secretary determines that such provision of law would 
prohibit, restrict, delay or otherwise limit the provision of such 
assistance and a notice of and justification for such waiver is 
submitted to the congressional defense committees, the Committees on 
Appropriations and Foreign Relations of the Senate and the Committees on 
Appropriations and Foreign Affairs of the House of Representatives:  
Provided further, That the United States may accept equipment procured 
using funds provided under this heading, or under the heading, ``Iraq 
Train and Equip Fund'' in prior Acts, that was transferred to security 
forces, irregular forces, or groups participating, or preparing to 
participate in activities to counter the Islamic State of Iraq and Syria 
and returned by such forces or groups to the United States, may be 
treated as stocks of the Department of Defense upon written notification 
to the congressional defense committees:  Provided further, That 
equipment procured using funds provided under this heading, or under the 
heading, ``Iraq Train and Equip Fund'' in prior Acts, and not yet 
transferred to security forces, irregular forces, or groups 
participating, or preparing to participate in activities to counter the 
Islamic State of Iraq and Syria may be treated as stocks of the 
Department of Defense when determined by the Secretary to no longer be 
required for transfer to such forces or groups and upon written 
notification to the congressional defense committees:  Provided further, 
That the Secretary of Defense shall provide quarterly reports to the 
congressional defense committees on the use of funds provided under this 
heading, including, but not limited to, the number of individuals 
trained, the nature and scope of support and sustainment provided to 
each group or individual, the area of operations for each group, and the 
contributions of other countries, groups, or individuals:  Provided 
further, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                               PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$420,086,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$709,283,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 500]]

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $1,191,139,000, to remain available until 
September 30, 2020:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$191,836,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                         Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$405,575,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$157,300,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$130,994,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $233,406,000, to remain available until September 30, 
2020:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

[[Page 132 STAT. 501]]

                         Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$239,359,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$64,307,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$503,938,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$481,700,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                      Space Procurement, Air Force

    For an additional amount for ``Space Procurement, Air Force'', 
$2,256,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $551,509,000, to remain available until September 30, 2020:  
Provided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$3,324,590,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas

[[Page 132 STAT. 502]]

Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                        Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$517,041,000, to remain available until September 30, 2020:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

              National Guard and Reserve Equipment Account

    For procurement of rotary-wing aircraft; combat, tactical and 
support vehicles; other weapons; and other procurement items for the 
reserve components of the Armed Forces, $1,300,000,000, to remain 
available for obligation until September 30, 2020:  Provided, That the 
Chiefs of National Guard and Reserve components shall, not later than 30 
days after enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective National Guard or Reserve component:  Provided 
further, That none of the funds made available by this paragraph may be 
used to procure manned fixed wing aircraft, or procure or modify 
missiles, munitions, or ammunition:  Provided further, That such amount 
is designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $235,368,000, to remain available until September 
30, 2019:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $167,565,000, to remain available until September 
30, 2019:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

          Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $129,608,000, to remain available until 
September 30, 2019:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War

[[Page 132 STAT. 503]]

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $394,396,000, to remain available until 
September 30, 2019:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$148,956,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$395,805,000, which shall be for operation and maintenance:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

         Drug Interdiction and Counter-Drug Activities, Defense

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $196,300,000:  Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                     Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $24,692,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2018.

[[Page 132 STAT. 504]]

                      (including transfer of funds)

    Sec. 9002.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may, 
with the approval of the Office of Management and Budget, transfer up to 
$2,250,000,000 between the appropriations or funds made available to the 
Department of Defense in this title:  Provided, That the Secretary shall 
notify the Congress promptly of each transfer made pursuant to the 
authority in this section:  Provided further, That the authority 
provided in this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the same terms 
and conditions as the authority provided in section 8005 of this Act.
    Sec. 9003.  Supervision and administration costs and costs for 
design during construction associated with a construction project funded 
with appropriations available for operation and maintenance or the 
``Afghanistan Security Forces Fund'' provided in this Act and executed 
in direct support of overseas contingency operations in Afghanistan, may 
be obligated at the time a construction contract is awarded:  Provided, 
That, for the purpose of this section, supervision and administration 
costs and costs for design during construction include all in-house 
Government costs.
    Sec. 9004.  From funds made available in this title, the Secretary 
of Defense may purchase for use by military and civilian employees of 
the Department of Defense in the United States Central Command area of 
responsibility: (1) passenger motor vehicles up to a limit of $75,000 
per vehicle; and (2) heavy and light armored vehicles for the physical 
security of personnel or for force protection purposes up to a limit of 
$450,000 per vehicle, notwithstanding price or other limitations 
applicable to the purchase of passenger carrying vehicles.
    Sec. 9005.  Not to exceed $5,000,000 of the amounts appropriated by 
this title under the heading ``Operation and Maintenance, Army'' may be 
used, notwithstanding any other provision of law, to fund the 
Commanders' Emergency Response Program (CERP), for the purpose of 
enabling military commanders in Afghanistan to respond to urgent, small-
scale, humanitarian relief and reconstruction requirements within their 
areas of responsibility:  Provided, That each project (including any 
ancillary or related elements in connection with such project) executed 
under this authority shall not exceed $2,000,000:  Provided further, 
That not later than 45 days after the end of each 6 months of the fiscal 
year, the Secretary of Defense shall submit to the congressional defense 
committees a report regarding the source of funds and the allocation and 
use of funds during that 6-month period that were made available 
pursuant to the authority provided in this section or under any other 
provision of law for the purposes described herein:  Provided further, 
That, not later than 30 days after the end of each fiscal year quarter, 
the Army shall submit to the congressional defense committees quarterly 
commitment, obligation, and expenditure data for the CERP in 
Afghanistan:  Provided further, That, not less than 15 days before 
making funds available pursuant to the authority provided in this 
section or under any other provision of law for the purposes described 
herein for a project with a total anticipated cost for completion of 
$500,000 or more, the Secretary shall submit to the congressional 
defense committees a written notice containing each of the following:

[[Page 132 STAT. 505]]

            (1) The location, nature and purpose of the proposed 
        project, including how the project is intended to advance the 
        military campaign plan for the country in which it is to be 
        carried out.
            (2) The budget, implementation timeline with milestones, and 
        completion date for the proposed project, including any other 
        CERP funding that has been or is anticipated to be contributed 
        to the completion of the project.
            (3) A plan for the sustainment of the proposed project, 
        including the agreement with either the host nation, a non-
        Department of Defense agency of the United States Government or 
        a third-party contributor to finance the sustainment of the 
        activities and maintenance of any equipment or facilities to be 
        provided through the proposed project.

    Sec. 9006.  Funds available to the Department of Defense for 
operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support to allied 
forces participating in a combined operation with the armed forces of 
the United States and coalition forces supporting military and stability 
operations in Afghanistan and to counter the Islamic State of Iraq and 
Syria:  Provided, That the Secretary of Defense shall provide quarterly 
reports to the congressional defense committees regarding support 
provided under this section.
    Sec. 9007.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended by the 
United States Government for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq.
            (3) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Afghanistan.

    Sec. 9008.  None of the funds made available in this Act may be used 
in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code.
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 112 
        Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed 
        thereto, including regulations under part 208 of title 8, Code 
        of Federal Regulations, and part 95 of title 22, Code of Federal 
        Regulations.
            (3) Sections 1002 and 1003 of the Department of Defense, 
        Emergency Supplemental Appropriations to Address Hurricanes in 
        the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 
        109-148).

    Sec. 9009.  None of the funds provided for the ``Afghanistan 
Security Forces Fund'' (ASFF) may be obligated prior to the approval of 
a financial and activity plan by the Afghanistan Resources Oversight 
Council (AROC) of the Department of Defense:  Provided, That the AROC 
must approve the requirement and acquisition plan for any service 
requirements in excess of

[[Page 132 STAT. 506]]

$50,000,000 annually and any non-standard equipment requirements in 
excess of $100,000,000 using ASFF:  Provided further, That the 
Department of Defense must certify to the congressional defense 
committees that the AROC has convened and approved a process for 
ensuring compliance with the requirements in the preceding proviso and 
accompanying report language for the ASFF.
    Sec. 9010.  Funds made available in this title to the Department of 
Defense for operation and maintenance may be used to purchase items 
having an investment unit cost of not more than $250,000:  Provided, 
That, upon determination by the Secretary of Defense that such action is 
necessary to meet the operational requirements of a Commander of a 
Combatant Command engaged in contingency operations overseas, such funds 
may be used to purchase items having an investment item unit cost of not 
more than $500,000.
    Sec. 9011.  Up to $500,000,000 of funds appropriated by this Act for 
the Defense Security Cooperation Agency in ``Operation and Maintenance, 
Defense-Wide'' may be used to provide assistance to the Government of 
Jordan to support the armed forces of Jordan and to enhance security 
along its borders.
    Sec. 9012.  None of the funds made available by this Act under the 
heading ``Counter-ISIS Train and Equip Fund'' may be used to procure or 
transfer man-portable air defense systems.
    Sec. 9013.  For the ``Ukraine Security Assistance Initiative'', 
$200,000,000 is hereby appropriated, to remain available until September 
30, 2018:  Provided, That such funds shall be available to the Secretary 
of Defense, in coordination with the Secretary of State, to provide 
assistance, including training; equipment; lethal weapons of a defensive 
nature; logistics support, supplies and services; sustainment; and 
intelligence support to the military and national security forces of 
Ukraine, and for replacement of any weapons or defensive articles 
provided to the Government of Ukraine from the inventory of the United 
States:  Provided further, That the Secretary of Defense shall, not less 
than 15 days prior to obligating funds provided under this heading, 
notify the congressional defense committees in writing of the details of 
any such obligation:  Provided further, That the United States may 
accept equipment procured using funds provided under this heading in 
this or prior Acts that was transferred to the security forces of 
Ukraine and returned by such forces to the United States:  Provided 
further, That equipment procured using funds provided under this heading 
in this or prior Acts, and not yet transferred to the military or 
National Security Forces of Ukraine or returned by such forces to the 
United States, may be treated as stocks of the Department of Defense 
upon written notification to the congressional defense committees:  
Provided further, That amounts made available by this section are 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.
    Sec. 9014.  Funds appropriated in this title shall be available for 
replacement of funds for items provided to the Government of Ukraine 
from the inventory of the United States to the extent specifically 
provided for in section 9013 of this Act.
    Sec. 9015.  None of the funds made available by this Act under 
section 9013 for ``Assistance and Sustainment to the Military and 
National Security Forces of Ukraine'' may be used to procure or transfer 
man-portable air defense systems.

[[Page 132 STAT. 507]]

    Sec. 9016. (a) None of the funds appropriated or otherwise made 
available by this Act under the heading ``Operation and Maintenance, 
Defense-Wide'' for payments under section 1233 of Public Law 110-181 for 
reimbursement to the Government of Pakistan may be made available unless 
the Secretary of Defense, in coordination with the Secretary of State, 
certifies to the congressional defense committees that the Government of 
Pakistan is--
            (1) cooperating with the United States in counterterrorism 
        efforts against the Haqqani Network, the Quetta Shura Taliban, 
        Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other 
        domestic and foreign terrorist organizations, including taking 
        steps to end support for such groups and prevent them from 
        basing and operating in Pakistan and carrying out cross border 
        attacks into neighboring countries;
            (2) not supporting terrorist activities against United 
        States or coalition forces in Afghanistan, and Pakistan's 
        military and intelligence agencies are not intervening extra-
        judicially into political and judicial processes in Pakistan;
            (3) dismantling improvised explosive device (IED) networks 
        and interdicting precursor chemicals used in the manufacture of 
        IEDs;
            (4) preventing the proliferation of nuclear-related material 
        and expertise;
            (5) implementing policies to protect judicial independence 
        and due process of law;
            (6) issuing visas in a timely manner for United States 
        visitors engaged in counterterrorism efforts and assistance 
        programs in Pakistan; and
            (7) providing humanitarian organizations access to 
        detainees, internally displaced persons, and other Pakistani 
        civilians affected by the conflict.

    (b) The Secretary of Defense, in coordination with the Secretary of 
State, may waive the restriction in subsection (a) on a case-by-case 
basis by certifying in writing to the congressional defense committees 
that it is in the national security interest to do so:  Provided, That 
if the Secretary of Defense, in coordination with the Secretary of 
State, exercises such waiver authority, the Secretaries shall report to 
the congressional defense committees on both the justification for the 
waiver and on the requirements of this section that the Government of 
Pakistan was not able to meet:  Provided further, That such report may 
be submitted in classified form if necessary.

                      (including transfer of funds)

    Sec. 9017.  In addition to amounts otherwise made available in this 
Act, $770,000,000 is hereby appropriated to the Department of Defense 
and made available for transfer only to the operation and maintenance, 
military personnel, and procurement accounts, to improve the 
intelligence, surveillance, and reconnaissance capabilities of the 
Department of Defense:  Provided, That the transfer authority provided 
in this section is in addition to any other transfer authority provided 
elsewhere in this Act:  Provided further, That not later than 30 days 
prior to exercising the transfer authority provided in this section, the 
Secretary of Defense shall submit a report to the congressional defense 
committees on the proposed uses of these funds:  Provided further, That 
the funds

[[Page 132 STAT. 508]]

provided in this section may not be transferred to any program, project, 
or activity specifically limited or denied by this Act:  Provided 
further, That amounts made available by this section are designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985:  Provided further, That the 
authority to provide funding under this section shall terminate on 
September 30, 2018.
    Sec. 9018.  None of the funds made available by this Act may be used 
with respect to Syria in contravention of the War Powers Resolution (50 
U.S.C. 1541 et seq.), including for the introduction of United States 
armed or military forces into hostilities in Syria, into situations in 
Syria where imminent involvement in hostilities is clearly indicated by 
the circumstances, or into Syrian territory, airspace, or waters while 
equipped for combat, in contravention of the congressional consultation 
and reporting requirements of sections 3 and 4 of that law (50 U.S.C. 
1542 and 1543).
    Sec. 9019.  None of the funds in this Act may be made available for 
the transfer of additional C-130 cargo aircraft to the Afghanistan 
National Security Forces or the Afghanistan Air Force until the 
Department of Defense provides a report to the congressional defense 
committees of the Afghanistan Air Force's medium airlift requirements. 
The report should identify Afghanistan's ability to utilize and maintain 
existing medium lift aircraft in the inventory and the best alternative 
platform, if necessary, to provide additional support to the Afghanistan 
Air Force's current medium airlift capacity.

                              (rescissions)

    Sec. 9020.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:  Provided, 
That such amounts are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985:
            ``Operation and Maintenance, Defense-Wide: Coalition Support 
        Fund'', 2017/2018, $500,000,000;
            ``Operation and Maintenance, Defense-Wide: DSCA Security 
        Cooperation'', 2017/2018, $250,000,000;
            ``Afghanistan Security Forces Fund'', 2017/2018, 
        $100,000,000;
            ``Counter-ISIL Train and Equip Fund'', 2017/2018, 
        $80,000,000;
            ``Other Procurement, Air Force'', 2017/2019, $25,100,000; 
        and
            ``Counter-ISIL Overseas Contingency Operations Transfer 
        Fund'', XXXX, $1,610,000,000.

    Sec. 9021. (a) Not later than 30 days after the date of the 
enactment of this Act, the President shall submit to Congress a report 
on the United States strategy to defeat Al-Qaeda, the Taliban, the 
Islamic State of Iraq and Syria (ISIS), and their associated forces and 
co-belligerents.
    (b) The report required under subsection (a) shall include the 
following:

[[Page 132 STAT. 509]]

            (1) An analysis of the adequacy of the existing legal 
        framework to accomplish the strategy described in subsection 
        (a), particularly with respect to the Authorization for Use of 
        Military Force (Public Law 107-40; 50 U.S.C. 1541 note) and the 
        Authorization for Use of Military Force Against Iraq Resolution 
        of 2002 (Public Law 107-243; 50 U.S.C. 1541 note).
            (2) An analysis of the budgetary resources necessary to 
        accomplish the strategy described in subsection (a).

    (c) Not later than 30 days after the date on which the President 
submits to the appropriate congressional committees the report required 
by subsection (a), the Secretary of State and the Secretary of Defense 
shall testify at any hearing held by any of the appropriate 
congressional committees on the report and to which the Secretary is 
invited.
    (d) In this section, the term ``appropriate congressional 
committees'' means--
            (1) the Committees on Foreign Relations, Armed Services and 
        Appropriations of the Senate; and
            (2) the Committees on Foreign Affairs, Armed Services and 
        Appropriations of the House of Representatives.

    Sec. 9022.  Funds available for the Afghanistan Security Forces Fund 
may be used to provide limited training, equipment, and other assistance 
that would otherwise be prohibited by 10 U.S.C. 362 to a unit of the 
security forces of Afghanistan only if the Secretary certifies to the 
congressional defense committees, within 30 days of a decision to 
provide such assistance, that (1) a denial of such assistance would 
present significant risk to U.S. or coalition forces or significantly 
undermine United States national security objectives in Afghanistan; and 
(2) the Secretary has sought a commitment by the Government of 
Afghanistan to take all necessary corrective steps:  Provided, That such 
certification shall be accompanied by a report describing: (1) the 
information relating to the gross violation of human rights; (2) the 
circumstances that necessitated the provision of such assistance; (3) 
the Afghan security force unit involved; (4) the assistance provided and 
the assistance withheld; and (5) the corrective steps to be taken by the 
Government of Afghanistan:  Provided further, That every 120 days after 
the initial report an additional report shall be submitted detailing the 
status of any corrective steps taken by the Government of Afghanistan:  
Provided further, That if the Government of Afghanistan has not 
initiated necessary corrective steps within one year of the 
certification, the authority under this section to provide assistance to 
such unit shall no longer apply:  Provided further, That the Secretary 
shall submit a report to such committees detailing the final disposition 
of the case by the Government of Afghanistan.
    This division may be cited as the ``Department of Defense 
Appropriations Act, 2018''.

[[Page 132 STAT. 510]]

  DIVISION D--ENERGY <<NOTE: Energy and Water Development and Related 
Agencies Appropriations Act, 2018.>>  AND WATER DEVELOPMENT AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2018

                                 TITLE I

                        CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

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

                             investigations

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

                              construction

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

[[Page 132 STAT. 511]]

waterways projects shall be derived from the Inland Waterways Trust 
Fund, except as otherwise specifically provided for in law:  Provided, 
That the Secretary shall initiate five new construction starts during 
fiscal year 2018:  Provided further, That the new construction starts 
shall consist of four projects where the majority of the benefits are 
derived from navigation transportation savings or from flood and storm 
damage reduction and one project where the majority of the benefits are 
derived from environmental restoration:  Provided further, That for new 
construction projects, project cost sharing agreements shall be executed 
as soon as practicable but no later than September 30, 2018:  Provided 
further, That no allocation for a new start shall be considered final 
and no work allowance shall be made until the Secretary provides to the 
Committees on Appropriations of both Houses of Congress an out-year 
funding scenario demonstrating the affordability of the selected new 
starts and the impacts on other projects:  Provided further, That the 
Secretary may not deviate from the new starts proposed in the work plan, 
once the plan has been submitted to the Committees on Appropriations of 
both Houses of Congress.

                    mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $425,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for inland 
harbors shall be derived from the Harbor Maintenance Trust Fund:  
Provided, That the Secretary shall initiate one new study start during 
fiscal year 2018.

                        operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; providing 
security for infrastructure owned or operated by the Corps, including 
administrative buildings and laboratories; maintaining harbor channels 
provided by a State, municipality, or other public agency that serve 
essential navigation needs of general commerce, where authorized by law; 
surveying and charting northern and northwestern lakes and connecting 
waters; clearing and straightening channels; and removing obstructions 
to navigation, $3,630,000,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share of eligible 
operation and maintenance costs for coastal harbors and channels, and 
for inland harbors shall be derived from the Harbor Maintenance Trust 
Fund; of which such sums as become available from the special account 
for the Corps of Engineers established by the Land and Water 
Conservation Fund Act of 1965 shall be derived from that account for 
resource protection, research, interpretation, and maintenance 
activities related to resource protection in the areas at which outdoor 
recreation is available; and of which such sums as become available from 
fees collected under section 217 of Public Law 104-303 shall be used to 
cover the cost of operation and maintenance of the dredged material 
disposal facilities for which such fees have been collected:  Provided, 
That 1 percent of the total amount of funds provided for each of the 
programs,

[[Page 132 STAT. 512]]

projects, or activities funded under this heading shall not be allocated 
to a field operating activity prior to the beginning of the fourth 
quarter of the fiscal year and shall be available for use by the Chief 
of Engineers to fund such emergency activities as the Chief of Engineers 
determines to be necessary and appropriate, and that the Chief of 
Engineers shall allocate during the fourth quarter any remaining funds 
which have not been used for emergency activities proportionally in 
accordance with the amounts provided for the programs, projects, or 
activities.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $200,000,000, to remain 
available until September 30, 2019.

             formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $139,000,000, to remain available until 
expended.

                  flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$35,000,000, to remain available until expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and the United States 
Army Corps of Engineers Finance Center allocable to the civil works 
program, $185,000,000, to remain available until September 30, 2019, of 
which not to exceed $5,000 may be used for official reception and 
representation purposes and only during the current fiscal year:  
Provided, That no part of any other appropriation provided in this title 
shall be available to fund the civil works activities of the Office of 
the Chief of Engineers or the civil works executive direction and 
management activities of the division offices:  Provided further, That 
any Flood Control and Coastal Emergencies appropriation may be used to 
fund the supervision and general administration of emergency operations, 
repairs, and other activities in response to any flood, hurricane, or 
other natural disaster.

      office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2019:  Provided, That not more than 75 
percent of such amount may be obligated or expended until

[[Page 132 STAT. 513]]

the Assistant Secretary submits to the Committees on Appropriations of 
both Houses of Congress a work plan that allocates at least 95 percent 
of the additional funding provided under each heading in this title (as 
designated under such heading in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act)) 
to specific programs, projects, or activities.

              GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                      (including transfer of funds)

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2018, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (4) proposes to use funds directed for a specific activity 
        for a different purpose, unless prior approval is received from 
        the House and Senate Committees on Appropriations;
            (5) augments or reduces existing programs, projects, or 
        activities in excess of the amounts contained in paragraphs (6) 
        through (10), unless prior approval is received from the House 
        and Senate Committees on Appropriations;
            (6) Investigations.--For a base level over $100,000, 
        reprogramming of 25 percent of the base amount up to a limit of 
        $150,000 per project, study or activity is allowed:  Provided, 
        That for a base level less than $100,000, the reprogramming 
        limit is $25,000:  Provided further, That up to $25,000 may be 
        reprogrammed into any continuing study or activity that did not 
        receive an appropriation for existing obligations and 
        concomitant administrative expenses;
            (7) Construction.--For a base level over $2,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $3,000,000 per project, study or activity is allowed:  Provided, 
        That for a base level less than $2,000,000, the reprogramming 
        limit is $300,000:  Provided further, That up to $3,000,000 may 
        be reprogrammed for settled contractor claims, changed 
        conditions, or real estate deficiency judgments:  Provided 
        further, That up to $300,000 may be reprogrammed into any 
        continuing study or activity that did not receive an 
        appropriation for existing obligations and concomitant 
        administrative expenses;
            (8) Operation and maintenance.--Unlimited reprogramming 
        authority is granted for the Corps to be able to respond to 
        emergencies:  Provided, That the Chief of Engineers shall notify 
        the House and Senate Committees on Appropriations of these 
        emergency actions as soon thereafter as practicable:  Provided 
        further, That for a base level over $1,000,000, reprogramming of 
        15 percent of the base amount up to a limit of $5,000,000 per 
        project, study, or activity is allowed:  Provided

[[Page 132 STAT. 514]]

        further, That for a base level less than $1,000,000, the 
        reprogramming limit is $150,000:  Provided further, That 
        $150,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation;
            (9) Mississippi river and tributaries.--The reprogramming 
        guidelines in paragraphs (6), (7), and (8) shall apply to the 
        Investigations, Construction, and Operation and Maintenance 
        portions of the Mississippi River and Tributaries Account, 
        respectively; and
            (10) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.

    (b) De Minimus Reprogrammings.--In no case should a reprogramming 
for less than $50,000 be submitted to the House and Senate Committees on 
Appropriations.
    (c) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing authorities 
program.
    (d) Not later than 60 days after the date of enactment of this Act, 
the Secretary shall submit a report to the House and Senate Committees 
on Appropriations to establish the baseline for application of 
reprogramming and transfer authorities for the current fiscal year which 
shall include:
            (1) A table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if applicable, 
        and the fiscal year enacted level; and
            (2) A delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed in 
        the budget appendix for the respective appropriations; and
            (3) An identification of items of special congressional 
        interest.

    Sec. 102.  The Secretary shall allocate funds made available in this 
Act solely in accordance with the provisions of this Act and the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), including the determination and 
designation of new starts.
    Sec. 103.  None of the funds made available in this title may be 
used to award or modify any contract that commits funds beyond the 
amounts appropriated for that program, project, or activity that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming pursuant to section 101.
    Sec. 104.  The Secretary of the Army may transfer to the Fish and 
Wildlife Service, and the Fish and Wildlife Service may accept and 
expend, up to $5,400,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost due 
to Corps of Engineers projects.
    Sec. 105.  None of the funds in this Act shall be used for an open 
lake placement alternative for dredged material, after evaluating the 
least costly, environmentally acceptable manner for the disposal or 
management of dredged material originating from Lake Erie or tributaries 
thereto, unless it is approved under a State water quality certification 
pursuant to section 401 of the Federal Water Pollution Control Act (33 
U.S.C. 1341):  Provided, That until an open lake placement alternative 
for dredged material is approved under a State water quality 
certification, the Corps

[[Page 132 STAT. 515]]

of Engineers shall continue upland placement of such dredged material 
consistent with the requirements of section 101 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2211).
    Sec. 106.  None of the funds made available in this title may be 
used for any acquisition of buoy chain that is not consistent with 48 
CFR 225.7007, subsections (a)(1) and (a)(2).
    Sec. 107.  None of the funds made available by this Act may be used 
to carry out any water supply reallocation study under the Wolf Creek 
Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 
24, 1946 (60 Stat. 636, ch. 595).
    Sec. 108.  None of the funds made available by this Act may be used 
to require a permit for the discharge of dredged or fill material under 
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for the 
activities identified in subparagraphs (A) and (C) of section 404(f)(1) 
of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
    Sec. 109.  Relative to the Rough River Lake Flowage Easement 
Encroachment Resolution Plan, the Chief of Engineers shall submit to the 
Committees on Appropriations of both Houses of Congress, not later than 
180 days after the date of enactment of this Act, a report that includes 
an inventory of habitable structures and improvements built, installed, 
or established in the flowage easement boundary; whether each such 
structure or improvement in the inventory was built, installed or 
established within the flowage easement boundary before or after the 
surveys conducted by the Corps of Engineers in 2013, 2014, and 2015; and 
what notice landowners had of the flowage easement boundary prior to 
those surveys.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                 central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $10,500,000, to remain available until expended, of 
which $898,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission:  Provided, That of the amount provided under 
this heading, $1,450,000 shall be available until September 30, 2019, 
for expenses necessary in carrying out related responsibilities of the 
Secretary of the Interior:  Provided further, That for fiscal year 2018, 
of the amount made available to the Commission under this Act or any 
other Act, the Commission may use an amount not to exceed $1,500,000 for 
administrative expenses.

                          Bureau of Reclamation

    The following appropriations shall be expended to execute authorized 
functions of the Bureau of Reclamation:

[[Page 132 STAT. 516]]

                       water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $1,332,124,000, to remain available until expended, of which 
$67,693,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $5,551,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund:  Provided, 
That such transfers may be increased or decreased within the overall 
appropriation under this heading:  Provided further, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 6806 shall be derived from that Fund or 
account:  Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which the funds were 
contributed:  Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading:  Provided 
further, That of the amounts provided herein, funds may be used for 
high-priority projects which shall be carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706:  Provided further, 
That in accordance with section 4009(c) of Public Law 114-322 and as 
recommended by the Secretary in a letter dated November 21, 2017, 
funding provided for such purpose in fiscal year 2017 shall be made 
available to the North Valley Regional Recycled Water Program, the 
Orange County Sanitation District Effluent Reuse Implementation 
Project--Headworks Segregation, and the Groundwater Reliability 
Improvement Program (GRIP) Recycled Water Project:  Provided further, 
That in accordance with section 4007 of Public Law 114-322 and as 
recommended by the Secretary in a letter dated February 23, 2018, 
funding provided for such purpose in fiscal year 2017 shall be made 
available to the Shasta Dam and Reservoir Enlargement Project, the 
North-of-Delta Offstream Storage Investigation/Sites Reservoir Storage 
Project, the Upper San Joaquin River Basin Storage Investigation, the 
Friant-Kern Canal Subsidence Challenges Project, the Boise River Basin 
Feasibility Study, the Yakima River Basin Water Enhancement Project--Cle 
Elum Pool Raise, and the Upper Yakima System Storage Feasibility Study.

                 central valley project restoration fund

    For carrying out the programs, projects, plans, habitat restoration, 
improvement, and acquisition provisions of the Central Valley Project 
Improvement Act, $41,376,000, to be derived from such sums as may be 
collected in the Central Valley Project Restoration Fund pursuant to 
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to 
remain available until expended:  Provided, That the Bureau of 
Reclamation is directed to assess and collect the

[[Page 132 STAT. 517]]

full amount of the additional mitigation and restoration payments 
authorized by section 3407(d) of Public Law 102-575:  Provided further, 
That none of the funds made available under this heading may be used for 
the acquisition or leasing of water for in-stream purposes if the water 
is already committed to in-stream purposes by a court adopted decree or 
order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans to 
be approved by the Secretary of the Interior, $37,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes:  
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management:  Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                        policy and administration

    For expenses necessary for policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until September 30, 2019, $59,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:  
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed five passenger motor vehicles, which are for 
replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in title II of this Act for 
Water and Related Resources, or provided by previous or subsequent 
appropriations Acts to the agencies or entities funded in title II of 
this Act for Water and Related Resources that remain available for 
obligation or expenditure in fiscal year 2018, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) initiates or creates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate;
            (4) restarts or resumes any program, project or activity for 
        which funds are not provided in this Act, unless prior

[[Page 132 STAT. 518]]

        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate;
            (5) transfers funds in excess of the following limits, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate:
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $400,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate.

    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term transfer means any 
movement of funds into or out of a program, project, or activity.
    (d) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, activities, or categories of funding. The 
first quarterly report shall be submitted not later than 60 days after 
the date of enactment of this Act.
    Sec. 202. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of California 
of a plan, which shall conform to the water quality standards of the 
State of California as approved by the Administrator of the 
Environmental Protection Agency, to minimize any detrimental effect of 
the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal reclamation 
law.

[[Page 132 STAT. 519]]

    Sec. 203. (a) Section 104(c) of the Reclamation States Emergency 
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking 
``2017'' and inserting ``2020''.
    (b) Section 301 of the Reclamation States Emergency Drought Relief 
Act of 1991 (43 U.S.C. 2241) is amended by--
            (1) striking ``2017'' and inserting ``2020''; and
            (2) striking ``$90,000,000'' and inserting ``$120,000,000''.

    Sec. 204.  Notwithstanding any other provision of law, during the 
period from November 1 through April 30, water users may use their 
diversion structures for the purpose of recharging the Eastern Snake 
Plain Aquifer, when the Secretary, in consultation with the Advisory 
Committee and Water District 1 watermaster, determines there is water 
available in excess of that needed to satisfy existing Minidoka Project 
storage and hydropower rights and ensure operational flexibility.

                                TITLE III

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $2,321,778,000, to remain 
available until expended:  Provided, That of such amount, $162,500,000 
shall be available until September 30, 2019, for program direction.

               Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $248,329,000, to 
remain available until expended:  Provided, That of such amount, 
$28,500,000 shall be available until September 30, 2019, for program 
direction.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construction, or 
expansion, $1,205,056,000, to remain available until

[[Page 132 STAT. 520]]

expended:  Provided, That of such amount, $80,000,000 shall be available 
until September 30, 2019, for program direction.

                 Fossil Energy Research and Development

    For Department of Energy expenses necessary in carrying out fossil 
energy research and development activities, under the authority of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition of interest, including defeasible and 
equitable interests in any real property or any facility or for plant or 
facility acquisition or expansion, and for conducting inquiries, 
technological investigations and research concerning the extraction, 
processing, use, and disposal of mineral substances without 
objectionable social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $726,817,000, to remain available until expended:  Provided, That 
of such amount $60,000,000 shall be available until September 30, 2019, 
for program direction.

                 Naval Petroleum and Oil Shale Reserves

    For Department of Energy expenses necessary to carry out naval 
petroleum and oil shale reserve activities, $4,900,000, to remain 
available until expended:  Provided, That notwithstanding any other 
provision of law, unobligated funds remaining from prior years shall be 
available for all naval petroleum and oil shale reserve activities.

                       Strategic Petroleum Reserve

    For Department of Energy expenses necessary for Strategic Petroleum 
Reserve facility development and operations and program management 
activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 
6201 et seq.), $252,000,000, to remain available until expended:  
Provided, That, <<NOTE: 42 USC 6241 note.>>  as authorized by section 
404 of the Bipartisan Budget Act of 2015 (Public Law 114-74; 42 U.S.C. 
6239 note), the Secretary of Energy shall draw down and sell not to 
exceed $350,000,000 of crude oil from the Strategic Petroleum Reserve in 
fiscal year 2018:  Provided further, That the proceeds from such 
drawdown and sale shall be deposited into the ``Energy Security and 
Infrastructure Modernization Fund'' during fiscal year 2018:  Provided 
further, That such amounts shall remain available until expended for 
necessary expenses to carry out the Life Extension II project for the 
Strategic Petroleum Reserve:  Provided further, That section 158 of the 
Continuing Appropriations Act, 2018 (division D of Public Law 115-56), 
as amended by the Further Extension of Continuing Appropriations Act, 
2018 (subdivision 3 of division B of Public Law 115-123), shall no 
longer apply.

                          SPR Petroleum Account

    For the acquisition, transportation, and injection of petroleum 
products, and for other necessary expenses pursuant to the Energy Policy 
and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 
sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 
6241, 6239 note), and section 5010 of the 21st Century Cures Act (Public 
Law 114-255), $8,400,000, to remain available until expended.

[[Page 132 STAT. 521]]

                   Northeast Home Heating Oil Reserve

    For Department of Energy expenses necessary for Northeast Home 
Heating Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et 
seq.), $6,500,000, to remain available until expended.

                    Energy Information Administration

    For Department of Energy expenses necessary in carrying out the 
activities of the Energy Information Administration, $125,000,000, to 
remain available until expended.

                    Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $298,400,000, to remain available until 
expended.

       Uranium Enrichment Decontamination and Decommissioning Fund

    For Department of Energy expenses necessary in carrying out uranium 
enrichment facility decontamination and decommissioning, remedial 
actions, and other activities of title II of the Atomic Energy Act of 
1954, and title X, subtitle A, of the Energy Policy Act of 1992, 
$840,000,000, to be derived from the Uranium Enrichment Decontamination 
and Decommissioning Fund, to remain available until expended, of which 
$35,732,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

                                 Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 16 passenger motor vehicles for 
replacement only, including one ambulance and one bus, $6,259,903,000, 
to remain available until expended:  Provided, That of such amount, 
$183,000,000 shall be available until September 30, 2019, for program 
direction.

                Advanced Research Projects Agency--Energy

    For Department of Energy expenses necessary in carrying out the 
activities authorized by section 5012 of the America COMPETES Act 
(Public Law 110-69), $353,314,000, to remain available until expended:  
Provided, That of such amount, $29,250,000 shall be available until 
September 30, 2019, for program direction.

[[Page 132 STAT. 522]]

          Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this 
heading in prior Acts, shall be collected in accordance with section 
502(7) of the Congressional Budget Act of 1974:  Provided, That for 
necessary administrative expenses to carry out this Loan Guarantee 
program, $33,000,000 is appropriated from fees collected in prior years 
pursuant to section 1702(h) of the Energy Policy Act of 2005 which are 
not otherwise appropriated, to remain available until September 30, 
2019:  Provided further, That if the amount in the previous proviso is 
not available from such fees, an amount for such purposes is also 
appropriated from the general fund so as to result in a total amount 
appropriated for such purpose of no more than $23,000,000:  Provided 
further, That fees collected pursuant to such section 1702(h) for fiscal 
year 2018 shall be credited as offsetting collections under this heading 
and shall not be available until appropriated:  Provided further, That 
the Department of Energy shall not subordinate any loan obligation to 
other financing in violation of section 1702 of the Energy Policy Act of 
2005 or subordinate any Guaranteed Obligation to any loan or other debt 
obligations in violation of section 609.10 of title 10, Code of Federal 
Regulations.

         Advanced Technology Vehicles Manufacturing Loan Program

    For Department of Energy administrative expenses necessary in 
carrying out the Advanced Technology Vehicles Manufacturing Loan 
Program, $5,000,000, to remain available until September 30, 2019.

                  Tribal Energy Loan Guarantee Program

    For Department of Energy administrative expenses necessary in 
carrying out the Tribal Energy Loan Guarantee Program, $1,000,000, to 
remain available until September 30, 2019.

                       Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$285,652,000, to remain available until September 30, 2019, including 
the hire of passenger motor vehicles and official reception and 
representation expenses not to exceed $30,000, plus such additional 
amounts as necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the Anti-Deficiency 
Act (31 U.S.C. 1511 et seq.):  Provided, That such increases in cost of 
work are offset by revenue increases of the same or greater amount:  
Provided further, That moneys received by the Department for 
miscellaneous revenues estimated to total $96,000,000 in fiscal year 
2018 may be retained and used for operating expenses within this 
account, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302:  Provided further, 
That the sum herein appropriated shall be reduced as collections are 
received during the

[[Page 132 STAT. 523]]

fiscal year so as to result in a final fiscal year 2018 appropriation 
from the general fund estimated at not more than $189,652,000.

                     Office of the Inspector General

    For expenses necessary for the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$49,000,000, to remain available until September 30, 2019.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $10,642,138,000, to 
remain available until expended:  Provided, That of such amount, 
$105,600,000 shall be available until September 30, 2019, for program 
direction.

                    Defense Nuclear Nonproliferation

                     (including rescission of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $2,048,219,000, to 
remain available until expended:  Provided, That of the unobligated 
balances from prior year appropriations available under this heading, 
$49,000,000 is hereby rescinded:  Provided further, That no amounts may 
be rescinded from amounts that were designated by the Congress as an 
emergency requirement pursuant to a concurrent resolution on the budget 
or the Balanced Budget and Emergency Deficit Control Act of 1985.

                             Naval Reactors

                      (including transfer of funds)

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $1,620,000,000, 
to remain available until expended, of which, $85,500,000 shall be 
transferred to ``Department of Energy--Energy

[[Page 132 STAT. 524]]

Programs--Nuclear Energy'', for the Advanced Test Reactor:  Provided, 
That of such amount, $47,651,000 shall be available until September 30, 
2019, for program direction.

                      Federal Salaries and Expenses

    For expenses necessary for Federal Salaries and Expenses in the 
National Nuclear Security Administration, $407,595,000, to remain 
available until September 30, 2019, including official reception and 
representation expenses not to exceed $12,000.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                      Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $5,988,048,000, to 
remain available until expended:  Provided, That of such amount, 
$300,000,000 shall be available until September 30, 2019, for program 
direction.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense activities, 
and classified activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $840,000,000, to remain available until expended:  Provided, 
That of such amount, $284,653,000 shall be available until September 30, 
2019, for program direction.

                     POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed $5,000: 
 Provided, That during fiscal year 2018, no new direct loan obligations 
may be made.

      Operation and Maintenance, Southeastern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $6,379,000, including official reception 
and representation expenses in an amount not

[[Page 132 STAT. 525]]

to exceed $1,500, to remain available until expended:  Provided, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 
1944, up to $6,379,000 collected by the Southeastern Power 
Administration from the sale of power and related services shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended for the sole purpose of funding the 
annual expenses of the Southeastern Power Administration:  Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2018 appropriation estimated at not more 
than $0:  Provided further, That notwithstanding 31 U.S.C. 3302, up to 
$51,000,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, to 
remain available until expended for the sole purpose of making purchase 
power and wheeling expenditures:  Provided further, That for purposes of 
this appropriation, annual expenses means expenditures that are 
generally recovered in the same year that they are incurred (excluding 
purchase power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 
(16 U.S.C. 825s), as applied to the Southwestern Power Administration, 
$30,288,000, to remain available until expended:  Provided, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), up to $18,888,000 collected by the Southwestern 
Power Administration from the sale of power and related services shall 
be credited to this account as discretionary offsetting collections, to 
remain available until expended, for the sole purpose of funding the 
annual expenses of the Southwestern Power Administration:  Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2018 appropriation estimated at not more 
than $11,400,000:  Provided further, That notwithstanding 31 U.S.C. 
3302, up to $40,000,000 collected by the Southwestern Power 
Administration pursuant to the Flood Control Act of 1944 to recover 
purchase power and wheeling expenses shall be credited to this account 
as offsetting collections, to remain available until expended for the 
sole purpose of making purchase power and wheeling expenditures:  
Provided further, That for purposes of this appropriation, annual 
expenses means expenditures that are generally recovered in the same 
year that they are incurred (excluding purchase power and wheeling 
expenses).

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and

[[Page 132 STAT. 526]]

other related activities including conservation and renewable resources 
programs as authorized, $223,276,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $221,251,000 shall be derived from 
the Department of the Interior Reclamation Fund:  Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $129,904,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the sole 
purpose of funding the annual expenses of the Western Area Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2018 appropriation 
estimated at not more than $93,372,000, of which $91,347,000 is derived 
from the Reclamation Fund:  Provided further, That notwithstanding 31 
U.S.C. 3302, up to $209,000,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, to 
remain available until expended for the sole purpose of making purchase 
power and wheeling expenditures:  Provided further, That for purposes of 
this appropriation, annual expenses means expenditures that are 
generally recovered in the same year that they are incurred (excluding 
purchase power and wheeling expenses).

            Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $4,176,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 (68 
Stat. 255):  Provided, That notwithstanding the provisions of that Act 
and of 31 U.S.C. 3302, up to $3,948,000 collected by the Western Area 
Power Administration from the sale of power and related services from 
the Falcon and Amistad Dams shall be credited to this account as 
discretionary offsetting collections, to remain available until expended 
for the sole purpose of funding the annual expenses of the hydroelectric 
facilities of these Dams and associated Western Area Power 
Administration activities:  Provided further, That the sum herein 
appropriated for annual expenses shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2018 appropriation estimated at not more than $228,000:  Provided 
further, That for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year that they are 
incurred:  Provided further, That for fiscal year 2018, the 
Administrator of the Western Area Power Administration may accept up to 
$872,000 in funds contributed by United States power customers of the 
Falcon and Amistad Dams for deposit into the Falcon and Amistad 
Operating and Maintenance Fund,

[[Page 132 STAT. 527]]

and such funds shall be available for the purpose for which contributed 
in like manner as if said sums had been specifically appropriated for 
such purpose:  Provided further, That any such funds shall be available 
without further appropriation and without fiscal year limitation for use 
by the Commissioner of the United States Section of the International 
Boundary and Water Commission for the sole purpose of operating, 
maintaining, repairing, rehabilitating, replacing, or upgrading the 
hydroelectric facilities at these Dams in accordance with agreements 
reached between the Administrator, Commissioner, and the power 
customers.

                  Federal Energy Regulatory Commission

                          salaries and expenses

    For expenses necessary for the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 
3109, official reception and representation expenses not to exceed 
$3,000, and the hire of passenger motor vehicles, $367,600,000, to 
remain available until expended:  Provided, That <<NOTE: 42 USC 7171 
note.>>  notwithstanding any other provision of law, not to exceed 
$367,600,000 of revenues from fees and annual charges, and other 
services and collections in fiscal year 2018 shall be retained and used 
for expenses necessary in this account, and shall remain available until 
expended:  Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2018 so as to result in a final fiscal year 2018 appropriation from 
the general fund estimated at not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

                     (including transfers of funds)

    Sec. 301. (a) No appropriation, funds, or authority made available 
by this title for the Department of Energy shall be used to initiate or 
resume any program, project, or activity or to prepare or initiate 
Requests For Proposals or similar arrangements (including Requests for 
Quotations, Requests for Information, and Funding Opportunity 
Announcements) for a program, project, or activity if the program, 
project, or activity has not been funded by Congress.
    (b)(1) Unless the Secretary of Energy notifies the Committees on 
Appropriations of both Houses of Congress at least 3 full business days 
in advance, none of the funds made available in this title may be used 
to--
            (A) make a grant allocation or discretionary grant award 
        totaling $1,000,000 or more;
            (B) make a discretionary contract award or Other Transaction 
        Agreement totaling $1,000,000 or more, including a contract 
        covered by the Federal Acquisition Regulation;
            (C) issue a letter of intent to make an allocation, award, 
        or Agreement in excess of the limits in subparagraph (A) or (B); 
        or
            (D) announce publicly the intention to make an allocation, 
        award, or Agreement in excess of the limits in subparagraph (A) 
        or (B).

[[Page 132 STAT. 528]]

    (2) The Secretary of Energy shall submit to the Committees on 
Appropriations of both Houses of Congress within 15 days of the 
conclusion of each quarter a report detailing each grant allocation or 
discretionary grant award totaling less than $1,000,000 provided during 
the previous quarter.
    (3) The notification required by paragraph (1) and the report 
required by paragraph (2) shall include the recipient of the award, the 
amount of the award, the fiscal year for which the funds for the award 
were appropriated, the account and program, project, or activity from 
which the funds are being drawn, the title of the award, and a brief 
description of the activity for which the award is made.
    (c) The Department of Energy may not, with respect to any program, 
project, or activity that uses budget authority made available in this 
title under the heading ``Department of Energy--Energy Programs'', enter 
into a multiyear contract, award a multiyear grant, or enter into a 
multiyear cooperative agreement unless--
            (1) the contract, grant, or cooperative agreement is funded 
        for the full period of performance as anticipated at the time of 
        award; or
            (2) the contract, grant, or cooperative agreement includes a 
        clause conditioning the Federal Government's obligation on the 
        availability of future year budget authority and the Secretary 
        notifies the Committees on Appropriations of both Houses of 
        Congress at least 3 days in advance.

    (d) Except as provided in subsections (e), (f), and (g), the amounts 
made available by this title shall be expended as authorized by law for 
the programs, projects, and activities specified in the ``Final Bill'' 
column in the ``Department of Energy'' table included under the heading 
``Title III--Department of Energy'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).
    (e) The amounts made available by this title may be reprogrammed for 
any program, project, or activity, and the Department shall notify the 
Committees on Appropriations of both Houses of Congress at least 30 days 
prior to the use of any proposed reprogramming that would cause any 
program, project, or activity funding level to increase or decrease by 
more than $5,000,000 or 10 percent, whichever is less, during the time 
period covered by this Act.
    (f) None of the funds provided in this title shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, project, or 
        activity;
            (2) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act; or
            (3) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act.

    (g)(1) The Secretary of Energy may waive any requirement or 
restriction in this section that applies to the use of funds made 
available for the Department of Energy if compliance with such 
requirement or restriction would pose a substantial risk to human 
health, the environment, welfare, or national security.
    (2) The Secretary of Energy shall notify the Committees on 
Appropriations of both Houses of Congress of any waiver under

[[Page 132 STAT. 529]]

paragraph (1) as soon as practicable, but not later than 3 days after 
the date of the activity to which a requirement or restriction would 
otherwise have applied. Such notice shall include an explanation of the 
substantial risk under paragraph (1) that permitted such waiver.
    (h) The unexpended balances of prior appropriations provided for 
activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund for 
the same time period as originally enacted.
    Sec. 302.  Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
3094) during fiscal year 2018 until the enactment of the Intelligence 
Authorization Act for fiscal year 2018.
    Sec. 303.  None of the funds made available in this title shall be 
used for the construction of facilities classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent oversight is 
conducted by the Office of Enterprise Assessments to ensure the project 
is in compliance with nuclear safety requirements.
    Sec. 304.  None of the funds made available in this title may be 
used to approve critical decision-2 or critical decision-3 under 
Department of Energy Order 413.3B, or any successive departmental 
guidance, for construction projects where the total project cost exceeds 
$100,000,000, until a separate independent cost estimate has been 
developed for the project for that critical decision.
    Sec. 305. (a) None of the funds made available in this or any prior 
Act under the heading ``Defense Nuclear Nonproliferation'' may be made 
available to enter into new contracts with, or new agreements for 
Federal assistance to, the Russian Federation.
    (b) The Secretary of Energy may waive the prohibition in subsection 
(a) if the Secretary determines that such activity is in the national 
security interests of the United States. This waiver authority may not 
be delegated.
    (c) A waiver under subsection (b) shall not be effective until 15 
days after the date on which the Secretary submits to the Committees on 
Appropriations of both Houses of Congress, in classified form if 
necessary, a report on the justification for the waiver.
    Sec. 306. (a) New Regional Reserves.--The Secretary of Energy may 
not establish any new regional petroleum product reserve unless funding 
for the proposed regional petroleum product reserve is explicitly 
requested in advance in an annual budget submission and approved by the 
Congress in an appropriations Act.
    (b) The budget request or notification shall include--
            (1) the justification for the new reserve;
            (2) a cost estimate for the establishment, operation, and 
        maintenance of the reserve, including funding sources;
            (3) a detailed plan for operation of the reserve, including 
        the conditions upon which the products may be released;
            (4) the location of the reserve; and
            (5) the estimate of the total inventory of the reserve.

    Sec. 307.  The Secretary of Energy may not transfer more than 
$274,833,000 from the amounts made available under this title to the 
working capital fund established under section 653

[[Page 132 STAT. 530]]

of the Department of Energy Organization Act (42 U.S.C. 7263):  
Provided, That the Secretary may transfer additional amounts to the 
working capital fund after the Secretary provides notification in 
advance of any such transfer to the Committees on Appropriations of both 
Houses of Congress:  Provided further, That any such notification shall 
identify the sources of funds by program, project, or activity:  
Provided further, That the Secretary shall notify the Committees on 
Appropriations of both Houses of Congress before adding or removing any 
activities from the fund.
    Sec. 308.  Not later than 90 days after the date of enactment of 
this Act, the Secretary of the Department of Energy, in consultation 
with the Office of Management and Budget, shall submit to the Committees 
on Appropriations of both Houses of Congress a report that provides a 
detailed explanation, using specific receipts data and legal 
authorities, of how each of the Western Area Power Administration, the 
Southwestern Power Administration, and the Southeastern Power 
Administration are executing current receipt authority provided in this 
and prior year appropriations Acts to create carryover of unobligated 
balances for purchase power and wheeling expenditures.
    Sec. 309. (a) Funds provided by this Act for Project 99-D-143, Mixed 
Oxide Fuel Fabrication Facility, and any funds provided by prior Acts 
for such Project that remain unobligated, may be made available only for 
construction and project support activities for such Project.
    (b) The Secretary of Energy shall not be subject to the requirements 
of subsection (a) if the Secretary waives the requirements of section 
3121(a) of the National Defense Authorization Act for Fiscal Year 2018 
(Public Law 115-91) in accordance with subsection (b) of such section.
    (c) If the Secretary waives the requirements of section 3121(a) of 
the National Defense Authorization Act for Fiscal Year 2018, the 
Secretary--
            (1) shall concurrently submit to the Committees on 
        Appropriations of both Houses of Congress the lifecycle cost 
        estimate used to make the certification under section 3121(b) of 
        such Act; and
            (2) may not use funds provided for the Project to eliminate 
        such Project until the date that is 30 days after the submission 
        of the lifecycle cost estimate required under paragraph (1).

    Sec. 310.  The unappropriated receipts currently in the Uranium 
Supply and Enrichment Activities account shall be transferred to and 
merged with the Uranium Enrichment Decontamination and Decommissioning 
Fund and shall be available only to the extent provided in advance in 
appropriations Acts.
    Sec. 311.  Notwithstanding section 161 of the Energy Policy and 
Conservation Act (42 U.S.C. 6241), upon a determination by the President 
in this fiscal year that a regional supply shortage of refined petroleum 
product of significant scope and duration exists, that a severe increase 
in the price of refined petroleum product will likely result from such 
shortage, and that a draw down and sale of refined petroleum product 
would assist directly and significantly in reducing the adverse impact 
of such shortage, the Secretary of Energy may draw down and sell refined 
petroleum product from the Strategic Petroleum Reserve. Proceeds from a 
sale under this section shall be deposited into the SPR Petroleum 
Account established in section 167 of the Energy Policy and Conservation

[[Page 132 STAT. 531]]

Act (42 U.S.C. 6247), and such amounts shall be available for 
obligation, without fiscal year limitation, consistent with that 
section.

                                TITLE IV

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, and for expenses necessary 
for the Federal Co-Chairman and the Alternate on the Appalachian 
Regional Commission, for payment of the Federal share of the 
administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$155,000,000, to remain available until expended.

                 Defense Nuclear Facilities Safety Board

                          salaries and expenses

    For expenses necessary for the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $31,000,000, to 
remain available until September 30, 2019.

                        Delta Regional Authority

                          salaries and expenses

    For expenses necessary for the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act of 
2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, 
$25,000,000, to remain available until expended.

                            Denali Commission

    For expenses necessary for the Denali Commission including the 
purchase, construction, and acquisition of plant and capital equipment 
as necessary and other expenses, $30,000,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) of 
the Denali Commission Act of 1998:  Provided, That funds shall be 
available for construction projects in an amount not to exceed 80 
percent of total project cost for distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998 (division C, title III, 
Public Law 105-277), as amended by section 701 of appendix D, title VII, 
Public Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50 
percent for non-distressed communities:  Provided further, That 
notwithstanding any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts under 
this heading shall be available for the payment of such a non-Federal 
share for programs undertaken to carry out the purposes of the 
Commission.

[[Page 132 STAT. 532]]

                   Northern Border Regional Commission

    For expenses necessary for the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $15,000,000, to remain available until expended:  Provided, 
That such amounts shall be available for administrative expenses, 
notwithstanding section 15751(b) of title 40, United States Code:  
Provided further, That during fiscal year 2018, the duties and authority 
of the Federal Cochairperson shall be assumed by the Northern Border 
Regional Commission Program Director if the position of the Federal 
Cochairperson and Alternate Federal Cochairperson is vacant.

                 Southeast Crescent Regional Commission

    For expenses necessary for the Southeast Crescent Regional 
Commission in carrying out activities authorized by subtitle V of title 
40, United States Code, $250,000, to remain available until expended.

                      Nuclear Regulatory Commission

                          salaries and expenses

                     (including rescission of funds)

    For expenses necessary for the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, $909,137,000, including official representation expenses 
not to exceed $25,000, to remain available until expended:  Provided, 
That of the amount appropriated herein, not more than $9,500,000 may be 
made available for salaries, travel, and other support costs for the 
Office of the Commission, to remain available until September 30, 2019, 
of which, notwithstanding section 201(a)(2)(c) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and 
expenditure shall only be approved by a majority vote of the Commission: 
 Provided further, That revenues from licensing fees, inspection 
services, and other services and collections estimated at $779,768,032 
in fiscal year 2018 shall be retained and used for necessary salaries 
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended:  Provided further, That of the amounts 
appropriated under this heading, not less than $10,000,000 shall be for 
activities related to the development of regulatory infrastructure for 
advanced nuclear technologies, and $16,200,000 shall be for 
international activities, except that the amounts provided under this 
proviso shall not be derived from fee revenues, notwithstanding 42 
U.S.C. 2214:  Provided further, That the sum herein appropriated shall 
be reduced by the amount of revenues received during fiscal year 2018 so 
as to result in a final fiscal year 2018 appropriation estimated at not 
more than $129,300,892:  Provided further, That of the amounts 
appropriated under this heading, $10,000,000 shall be for university 
research and development in areas relevant to the Commission's mission, 
and $5,000,000 shall be for a Nuclear Science and Engineering Grant 
Program that will support multiyear projects that do not align with 
programmatic missions but are critical to maintaining the discipline of 
nuclear science and

[[Page 132 STAT. 533]]

engineering:  Provided further, That $68,076.04 of unobligated balances 
from the funds transferred to the Nuclear Regulatory Commission from the 
United States Agency for International Development pursuant to section 
632(a) of the Foreign Assistance Act of 1961 are rescinded:  Provided 
further, That no amounts may be rescinded from amounts that were 
designated by the Congress as an emergency requirement pursuant to a 
concurrent resolution on the budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                       office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$12,859,000, to remain available until September 30, 2019:  Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $10,555,000 in fiscal year 2018 
shall be retained and be available until September 30, 2019, for 
necessary salaries and expenses in this account, notwithstanding section 
3302 of title 31, United States Code:  Provided further, That the sum 
herein appropriated shall be reduced by the amount of revenues received 
during fiscal year 2018 so as to result in a final fiscal year 2018 
appropriation estimated at not more than $2,304,000:  Provided further, 
That of the amounts appropriated under this heading, $1,131,000 shall be 
for Inspector General services for the Defense Nuclear Facilities Safety 
Board, which shall not be available from fee revenues.

                  Nuclear Waste Technical Review Board

                          salaries and expenses

    For expenses necessary for the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,600,000, to be 
derived from the Nuclear Waste Fund, to remain available until September 
30, 2019.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401.  The Nuclear Regulatory Commission shall comply with the 
July 5, 2011, version of Chapter VI of its Internal Commission 
Procedures when responding to Congressional requests for information.
    Sec. 402. (a) The amounts made available by this title for the 
Nuclear Regulatory Commission may be reprogrammed for any program, 
project, or activity, and the Commission shall notify the Committees on 
Appropriations of both Houses of Congress at least 30 days prior to the 
use of any proposed reprogramming that would cause any program funding 
level to increase or decrease by more than $500,000 or 10 percent, 
whichever is less, during the time period covered by this Act.
    (b)(1) The Nuclear Regulatory Commission may waive the notification 
requirement in subsection (a) if compliance with such requirement would 
pose a substantial risk to human health, the environment, welfare, or 
national security.
    (2) The Nuclear Regulatory Commission shall notify the Committees on 
Appropriations of both Houses of Congress of any waiver under paragraph 
(1) as soon as practicable, but not later

[[Page 132 STAT. 534]]

than 3 days after the date of the activity to which a requirement or 
restriction would otherwise have applied. Such notice shall include an 
explanation of the substantial risk under paragraph (1) that permitted 
such waiver and shall provide a detailed report to the Committees of 
such waiver and changes to funding levels to programs, projects, or 
activities.
    (c) Except as provided in subsections (a), (b), and (d), the amounts 
made available by this title for ``Nuclear Regulatory Commission--
Salaries and Expenses'' shall be expended as directed in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).
    (d) None of the funds provided for the Nuclear Regulatory Commission 
shall be available for obligation or expenditure through a reprogramming 
of funds that increases funds or personnel for any program, project, or 
activity for which funds are denied or restricted by this Act.
    (e) The Commission shall provide a monthly report to the Committees 
on Appropriations of both Houses of Congress, which includes the 
following for each program, project, or activity, including any prior 
year appropriations--
            (1) total budget authority;
            (2) total unobligated balances; and
            (3) total unliquidated obligations.

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. (a) None of the funds made available in title III of this 
Act may be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made by or 
transfer authority provided in this Act or any other appropriations Act 
for any fiscal year, transfer authority referenced in the report of the 
Committee on Appropriations accompanying this Act, or any authority 
whereby a department, agency, or instrumentality of the United States 
Government may provide goods or services to another department, agency, 
or instrumentality.
    (b) None of the funds made available for any department, agency, or 
instrumentality of the United States Government may be transferred to 
accounts funded in title III of this Act, except pursuant to a transfer 
made by or transfer authority provided in this Act or any other 
appropriations Act for any fiscal year, transfer authority referenced in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), or any authority whereby 
a department, agency, or instrumentality of the United States Government 
may provide goods or services to another department, agency, or 
instrumentality.
    (c) The head of any relevant department or agency funded in this Act 
utilizing any transfer authority shall submit to the Committees on 
Appropriations of both Houses of Congress a semiannual report detailing 
the transfer authorities, except for any

[[Page 132 STAT. 535]]

authority whereby a department, agency, or instrumentality of the United 
States Government may provide goods or services to another department, 
agency, or instrumentality, used in the previous 6 months and in the 
year-to-date. This report shall include the amounts transferred and the 
purposes for which they were transferred, and shall not replace or 
modify existing notification requirements for each authority.
    Sec. 503.  None of the funds made available by this Act may be used 
in contravention of Executive Order No. 12898 of February 11, 1994 
(Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations).
    Sec. 504. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    This division may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2018''.

DIVISION E--FINANCIAL <<NOTE: Financial Services and General Government 
Appropriations Act, 2018. Department of the Treasury Appropriations Act, 
2018.>>  SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2018

                                 TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                          salaries and expenses

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Freedman's Bank 
Building; hire of passenger motor vehicles; maintenance, repairs, and 
improvements of, and purchase of commercial insurance policies for, real 
properties leased or owned overseas, when necessary for the performance 
of official business; executive direction program activities; 
international affairs and economic policy activities; domestic finance 
and tax policy activities, including technical assistance to Puerto 
Rico; and Treasury-wide management policies and programs activities, 
$201,751,000:  Provided, That of the amount appropriated under this 
heading--
            (1) not to exceed $350,000 is for official reception and 
        representation expenses;
            (2) not to exceed $258,000 is for unforeseen emergencies of 
        a confidential nature to be allocated and expended under the 
        direction of the Secretary of the Treasury and to be accounted 
        for solely on the Secretary's certificate; and
            (3) not to exceed $24,000,000 shall remain available until 
        September 30, 2019, for--
                    (A) the Treasury-wide Financial Statement Audit and 
                Internal Control Program;
                    (B) information technology modernization 
                requirements;
                    (C) the audit, oversight, and administration of the 
                Gulf Coast Restoration Trust Fund;

[[Page 132 STAT. 536]]

                    (D) the development and implementation of programs 
                within the Office of Critical Infrastructure Protection 
                and Compliance Policy, including entering into 
                cooperative agreements;
                    (E) operations and maintenance of facilities; and
                    (F) international operations.

             office of terrorism and financial intelligence

                          salaries and expenses

    For the necessary expenses of the Office of Terrorism and Financial 
Intelligence to safeguard the financial system against illicit use and 
to combat rogue nations, terrorist facilitators, weapons of mass 
destruction proliferators, money launderers, drug kingpins, and other 
national security threats, $141,778,000:  Provided, That of the amount 
appropriated under this heading: (1) up to $32,000,000 may be 
transferred to the Departmental Offices Salaries and Expenses 
appropriation and shall be available for administrative support to the 
Office of Terrorism and Financial Intelligence; and (2) up to $5,000,000 
shall remain available until September 30, 2019.

                    cybersecurity enhancement account

    For salaries and expenses for enhanced cybersecurity for systems 
operated by the Department of the Treasury, $24,000,000, to remain 
available until September 30, 2020:  Provided, That such funds shall 
supplement and not supplant any other amounts made available to the 
Treasury offices and bureaus for cybersecurity:  Provided further, That 
the Chief Information Officer of the individual offices and bureaus 
shall submit a spend plan for each investment to the Treasury Chief 
Information Officer for approval:  Provided further, That the submitted 
spend plan shall be reviewed and approved by the Treasury Chief 
Information Officer prior to the obligation of funds under this heading: 
 Provided further, That of the total amount made available under this 
heading $1,000,000 shall be available for administrative expenses for 
the Treasury Chief Information Officer to provide oversight of the 
investments made under this heading:  Provided further, That such funds 
shall supplement and not supplant any other amounts made available to 
the Treasury Chief Information Officer.

        department-wide systems and capital investments programs

                      (including transfer of funds)

    For development and acquisition of automatic data processing 
equipment, software, and services and for repairs and renovations to 
buildings owned by the Department of the Treasury, $4,426,000, to remain 
available until September 30, 2020:  Provided, That these funds shall be 
transferred to accounts and in amounts as necessary to satisfy the 
requirements of the Department's offices, bureaus, and other 
organizations:  Provided further, That this transfer authority shall be 
in addition to any other transfer authority provided in this Act:  
Provided further, That none of the funds appropriated under this heading 
shall be used to support or supplement

[[Page 132 STAT. 537]]

``Internal Revenue Service, Operations Support'' or ``Internal Revenue 
Service, Business Systems Modernization''.

                       office of inspector general

                          salaries and expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$37,044,000, including hire of passenger motor vehicles; of which not to 
exceed $100,000 shall be available for unforeseen emergencies of a 
confidential nature, to be allocated and expended under the direction of 
the Inspector General of the Treasury; of which up to $2,800,000 to 
remain available until September 30, 2019, shall be for audits and 
investigations conducted pursuant to section 1608 of the Resources and 
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies 
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which 
not to exceed $1,000 shall be available for official reception and 
representation expenses.

            treasury inspector general for tax administration

                          salaries and expenses

    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, as 
amended, including purchase and hire of passenger motor vehicles (31 
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such rates 
as may be determined by the Inspector General for Tax Administration; 
$169,634,000, of which $5,000,000 shall remain available until September 
30, 2019; of which not to exceed $6,000,000 shall be available for 
official travel expenses; of which not to exceed $500,000 shall be 
available for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration; and of which not to exceed $1,500 shall be available 
for official reception and representation expenses.

     special inspector general for the troubled asset relief program

                          salaries and expenses

    For necessary expenses of the Office of the Special Inspector 
General in carrying out the provisions of the Emergency Economic 
Stabilization Act of 2008 (Public Law 110-343), $34,000,000.

                  Financial Crimes Enforcement Network

                          salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel and training expenses 
of non-Federal and foreign government personnel to attend meetings and 
training concerned with domestic and foreign financial intelligence 
activities, law enforcement, and financial regulation; services 
authorized by 5 U.S.C. 3109; not to exceed $10,000 for official 
reception and representation expenses; and for

[[Page 132 STAT. 538]]

assistance to Federal law enforcement agencies, with or without 
reimbursement, $115,003,000, of which not to exceed $34,335,000 shall 
remain available until September 30, 2020.

                        Treasury Forfeiture Fund

                               (rescission)

    Of the unobligated balances available under this heading, 
$702,000,000 are hereby permanently rescinded not later than September 
30, 2018.

                       (including return of funds)

    In addition, of amounts in the Treasury Forfeiture Fund, $38,800,000 
from funds paid to the United States Government by BNP Paribas S.A. as 
part of, or related to, a plea agreement dated June 27, 2014, entered 
into between the Department of Justice and BNP Paribas S.A., and subject 
to a consent order entered by the United States District Court for the 
Southern District of New York on May 1, 2015, in United States v. BNPP, 
No. 14 Cr. 460 (S.D.N.Y.), are hereby returned to the General Fund of 
the Treasury.

                      Bureau of the Fiscal Service

                          salaries and expenses

    For necessary expenses of operations of the Bureau of the Fiscal 
Service, $338,280,000; of which not to exceed $4,210,000, to remain 
available until September 30, 2020, is for information systems 
modernization initiatives; and of which $5,000 shall be available for 
official reception and representation expenses.
    In addition, $165,000, to be derived from the Oil Spill Liability 
Trust Fund to reimburse administrative and personnel expenses for 
financial management of the Fund, as authorized by section 1012 of 
Public Law 101-380.

                Alcohol and Tobacco Tax and Trade Bureau

                          salaries and expenses

    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$111,439,000; of which not to exceed $6,000 for official reception and 
representation expenses; not to exceed $50,000 for cooperative research 
and development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement:  Provided, That of the amount appropriated under this 
heading, $5,000,000 shall be for the costs of accelerating the 
processing of formula and label applications:  Provided further, That of 
the amount appropriated under this heading, $5,000,000, to remain 
available until September 30, 2019, shall be for the costs associated 
with enforcement of the trade practice provisions of the Federal Alcohol 
Administration Act (27 U.S.C. 201 et seq.).

[[Page 132 STAT. 539]]

                           United States Mint

                united states mint public enterprise fund

    Pursuant to section 5136 of title 31, United States Code, the United 
States Mint is provided funding through the United States Mint Public 
Enterprise Fund for costs associated with the production of circulating 
coins, numismatic coins, and protective services, including both 
operating expenses and capital investments:  Provided, That the 
aggregate amount of new liabilities and obligations incurred during 
fiscal year 2018 under such section 5136 for circulating coinage and 
protective service capital investments of the United States Mint shall 
not exceed $30,000,000.

    Community Development Financial Institutions Fund Program Account

    To carry out the Riegle Community Development and Regulatory 
Improvements Act of 1994 (subtitle A of title I of Public Law 103-325), 
including services authorized by section 3109 of title 5, United States 
Code, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for EX-3, $250,000,000. Of the amount 
appropriated under this heading--
            (1) not less than $160,000,000, notwithstanding section 
        108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to 
        Small and/or Emerging Community Development Financial 
        Institutions Assistance awards, is available until September 30, 
        2019, for financial assistance, technical assistance, training, 
        and outreach under subparagraphs (A) and (B) of section 
        108(a)(1), respectively, of Public Law 103-325 (12 U.S.C. 
        4707(a)(1)(A) and (B)), of which up to $2,680,000 may be used 
        for the cost of direct loans, and of which up to $3,000,000, 
        notwithstanding subsection (d) of section 108 of Public Law 103-
        325 (12 U.S.C. 4707 (d)), may be available to provide financial 
        assistance, technical assistance, training, and outreach to 
        community development financial institutions to expand 
        investments that benefit individuals with disabilities:  
        Provided, That the cost of direct and guaranteed loans, 
        including the cost of modifying such loans, shall be as defined 
        in section 502 of the Congressional Budget Act of 1974:  
        Provided further, That these funds are available to subsidize 
        gross obligations for the principal amount of direct loans not 
        to exceed $25,000,000;
            (2) not less than $16,000,000, notwithstanding section 
        108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available 
        until September 30, 2019, for financial assistance, technical 
        assistance, training, and outreach programs designed to benefit 
        Native American, Native Hawaiian, and Alaska Native communities 
        and provided primarily through qualified community development 
        lender organizations with experience and expertise in community 
        development banking and lending in Indian country, Native 
        American organizations, tribes and tribal organizations, and 
        other suitable providers;
            (3) not less than $25,000,000 is available until September 
        30, 2019, for the Bank Enterprise Award program;
            (4) not less than $22,000,000, notwithstanding subsections 
        (d) and (e) of section 108 of Public Law 103-325 (12 U.S.C. 
        4707(d) and (e)), is available until September 30, 2019, for

[[Page 132 STAT. 540]]

        a Healthy Food Financing Initiative to provide financial 
        assistance, technical assistance, training, and outreach to 
        community development financial institutions for the purpose of 
        offering affordable financing and technical assistance to expand 
        the availability of healthy food options in distressed 
        communities;
            (5) up to $27,000,000 is available until September 30, 2018, 
        for administrative expenses, including administration of CDFI 
        fund programs and the New Markets Tax Credit Program, of which 
        not less than $1,000,000 is for development of tools to better 
        assess and inform CDFI investment performance, and up to 
        $300,000 is for administrative expenses to carry out the direct 
        loan program; and
            (6) during fiscal year 2018, none of the funds available 
        under this heading are available for the cost, as defined in 
        section 502 of the Congressional Budget Act of 1974, of 
        commitments to guarantee bonds and notes under section 114A of 
        the Riegle Community Development and Regulatory Improvement Act 
        of 1994 (12 U.S.C. 4713a):  Provided, That commitments to 
        guarantee bonds and notes under such section 114A shall not 
        exceed $500,000,000:  Provided further, That <<NOTE: 12 USC 
        4713a note.>>  such section 114A shall remain in effect until 
        December 31, 2018:  Provided further, That of the funds awarded 
        under this heading, not less than 10 percent shall be used for 
        awards that support investments that serve populations living in 
        persistent poverty counties:  Provided further, That for the 
        purposes of this section, the term ``persistent poverty 
        counties'' means any county that has had 20 percent or more of 
        its population living in poverty over the past 30 years, as 
        measured by the 1990 and 2000 decennial censuses and the 2011-
        2015 5-year data series available from the American Community 
        Survey of the Census Bureau.

                        Internal Revenue Service

                            taxpayer services

    For necessary expenses of the Internal Revenue Service to provide 
taxpayer services, including pre-filing assistance and education, filing 
and account services, taxpayer advocacy services, and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $2,506,554,000, of which not less than $9,890,000 shall be 
for the Tax Counseling for the Elderly Program, of which not less than 
$12,000,000 shall be available for low-income taxpayer clinic grants, 
and of which not less than $15,000,000, to remain available until 
September 30, 2019, shall be available for a Community Volunteer Income 
Tax Assistance matching grants program for tax return preparation 
assistance, of which not less than $206,000,000 shall be available for 
operating expenses of the Taxpayer Advocate Service:  Provided, That of 
the amounts made available for the Taxpayer Advocate Service, not less 
than $5,500,000 shall be for identity theft casework.

                               enforcement

    For necessary expenses for tax enforcement activities of the 
Internal Revenue Service to determine and collect owed taxes, to provide 
legal and litigation support, to conduct criminal investigations, to 
enforce criminal statutes related to violations of internal

[[Page 132 STAT. 541]]

revenue laws and other financial crimes, to purchase and hire passenger 
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $4,860,000,000, of which not to exceed $50,000,000 shall 
remain available until September 30, 2019, and of which not less than 
$60,257,000 shall be for the Interagency Crime and Drug Enforcement 
program.

                           operations support

    For necessary expenses of the Internal Revenue Service to support 
taxpayer services and enforcement programs, including rent payments; 
facilities services; printing; postage; physical security; headquarters 
and other IRS-wide administration activities; research and statistics of 
income; telecommunications; information technology development, 
enhancement, operations, maintenance, and security; the hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the 
Internal Revenue Service Oversight Board; and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner; $3,634,000,000, of which not to exceed $50,000,000 shall 
remain available until September 30, 2019; of which not to exceed 
$10,000,000 shall remain available until expended for acquisition of 
equipment and construction, repair and renovation of facilities; of 
which not to exceed $1,000,000 shall remain available until September 
30, 2020, for research; of which not to exceed $20,000 shall be for 
official reception and representation expenses:  Provided, 
That <<NOTE: 26 USC 7801 note.>>  not later than 30 days after the end 
of each quarter, the Internal Revenue Service shall submit a report to 
the Committees on Appropriations of the House of Representatives and the 
Senate and the Comptroller General of the United States detailing the 
cost and schedule performance for its major information technology 
investments, including the purpose and life-cycle stages of the 
investments; the reasons for any cost and schedule variances; the risks 
of such investments and strategies the Internal Revenue Service is using 
to mitigate such risks; and the expected developmental milestones to be 
achieved and costs to be incurred in the next quarter:  Provided 
further, That the Internal Revenue Service shall include, in its budget 
justification for fiscal year 2019, a summary of cost and schedule 
performance information for its major information technology systems.

                     business systems modernization

    For necessary expenses of the Internal Revenue Service's business 
systems modernization program, $110,000,000, to remain available until 
September 30, 2020, for the capital asset acquisition of information 
technology systems, including management and related contractual costs 
of said acquisitions, including related Internal Revenue Service labor 
costs, and contractual costs associated with operations authorized by 5 
U.S.C. 3109: <<NOTE: 26 USC 7801 note.>>   Provided, That not later than 
30 days after the end of each quarter, the Internal Revenue Service 
shall submit a report to the Committees on Appropriations of the House 
of Representatives and the Senate and the Comptroller General of the 
United States detailing the cost and schedule performance for major 
information technology investments, including the purposes and life-
cycle stages of the investments; the reasons for any cost and schedule 
variances; the risks

[[Page 132 STAT. 542]]

of such investments and the strategies the Internal Revenue Service is 
using to mitigate such risks; and the expected developmental milestones 
to be achieved and costs to be incurred in the next quarter.

           administrative provisions--internal revenue service

                     (including transfers of funds)

    Sec. 101.  Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be transferred 
to any other Internal Revenue Service appropriation upon the advance 
approval of the Committees on Appropriations.
    Sec. 102.  The Internal Revenue Service shall maintain an employee 
training program, which shall include the following topics: taxpayers' 
rights, dealing courteously with taxpayers, cross-cultural relations, 
ethics, and the impartial application of tax law.
    Sec. 103.  The Internal Revenue Service shall institute and enforce 
policies and procedures that will safeguard the confidentiality of 
taxpayer information and protect taxpayers against identity theft.
    Sec. 104.  Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased staffing to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make 
improvements to the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to enhance the response time 
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
    Sec. 105.  None of the funds made available to the Internal Revenue 
Service by this Act may be used to make a video unless the Service-Wide 
Video Editorial Board determines in advance that making the video is 
appropriate, taking into account the cost, topic, tone, and purpose of 
the video.
    Sec. 106.  The Internal Revenue Service shall issue a notice of 
confirmation of any address change relating to an employer making 
employment tax payments, and such notice shall be sent to both the 
employer's former and new address and an officer or employee of the 
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a 
third party payroll tax preparer.
    Sec. 107.  None of the funds made available under this Act may be 
used by the Internal Revenue Service to target citizens of the United 
States for exercising any right guaranteed under the First Amendment to 
the Constitution of the United States.
    Sec. 108.  None of the funds made available in this Act may be used 
by the Internal Revenue Service to target groups for regulatory scrutiny 
based on their ideological beliefs.
    Sec. 109.  None of funds made available by this Act to the Internal 
Revenue Service shall be obligated or expended on conferences that do 
not adhere to the procedures, verification processes, documentation 
requirements, and policies issued by the Chief Financial Officer, Human 
Capital Office, and Agency-Wide Shared Services as a result of the 
recommendations in the report published on May 31, 2013, by the Treasury 
Inspector General for Tax Administration entitled ``Review of the August 
2010 Small Business/

[[Page 132 STAT. 543]]

Self-Employed Division's Conference in Anaheim, California'' (Reference 
Number 2013-10-037).
    Sec. 110.  None of the funds made available in this Act to the 
Internal Revenue Service may be obligated or expended--
            (1) to make a payment to any employee under a bonus, award, 
        or recognition program; or
            (2) under any hiring or personnel selection process with 
        respect to re-hiring a former employee, unless such program or 
        process takes into account the conduct and Federal tax 
        compliance of such employee or former employee.

    Sec. 111.  None of the funds made available by this Act may be used 
in contravention of section 6103 of the Internal Revenue Code of 1986 
(relating to confidentiality and disclosure of returns and return 
information).
    Sec. 112.  Except to the extent provided in section 6014, 6020, or 
6201(d) of the Internal Revenue Code of 1986, no funds in this or any 
other Act shall be available to the Secretary of the Treasury to provide 
to any person a proposed final return or statement for use by such 
person to satisfy a filing or reporting requirement under such Code.
    Sec. 113.  In addition to the amounts otherwise made available in 
this Act for the Internal Revenue Service, $320,000,000, to be available 
until September 30, 2019, shall be transferred by the Commissioner to 
the ``Taxpayer Services'', ``Enforcement'', or ``Operations Support'' 
accounts of the Internal Revenue Service for an additional amount to be 
used solely for carrying out Public Law 115-97:  Provided, That such 
funds shall not be available until the Commissioner submits to the 
Committees on Appropriations of the House of Representatives and the 
Senate a spending plan for such funds.

          Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

    Sec. 114.  Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services to 
employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 115.  Not to exceed 2 percent of any appropriations in this 
title made available under the headings ``Departmental Offices--Salaries 
and Expenses'', ``Office of Inspector General'', ``Special Inspector 
General for the Troubled Asset Relief Program'', ``Financial Crimes 
Enforcement Network'', ``Bureau of the Fiscal Service'', and ``Alcohol 
and Tobacco Tax and Trade Bureau'' may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations of the House of Representatives and the Senate:  
Provided, That no transfer under this section may increase or decrease 
any such appropriation by more than 2 percent.

[[Page 132 STAT. 544]]

    Sec. 116.  Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be transferred 
to the Treasury Inspector General for Tax Administration's appropriation 
upon the advance approval of the Committees on Appropriations of the 
House of Representatives and the Senate:  Provided, That no transfer may 
increase or decrease any such appropriation by more than 2 percent.
    Sec. 117.  None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 118.  The Secretary of the Treasury may transfer funds from the 
``Bureau of the Fiscal Service-Salaries and Expenses'' to the Debt 
Collection Fund as necessary to cover the costs of debt collection:  
Provided, That such amounts shall be reimbursed to such salaries and 
expenses account from debt collections received in the Debt Collection 
Fund.
    Sec. 119.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United States Mint 
to construct or operate any museum without the explicit approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate, the House Committee on Financial Services, and the Senate 
Committee on Banking, Housing, and Urban Affairs.
    Sec. 120.  None of the funds appropriated or otherwise made 
available by this or any other Act or source to the Department of the 
Treasury, the Bureau of Engraving and Printing, and the United States 
Mint, individually or collectively, may be used to consolidate any or 
all functions of the Bureau of Engraving and Printing and the United 
States Mint without the explicit approval of the House Committee on 
Financial Services; the Senate Committee on Banking, Housing, and Urban 
Affairs; and the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 121.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for the Department of the Treasury's 
intelligence or intelligence related activities are deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2018 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2018.
    Sec. 122.  Not to exceed $5,000 shall be made available from the 
Bureau of Engraving and Printing's Industrial Revolving Fund for 
necessary official reception and representation expenses.
    Sec. 123.  The Secretary of the Treasury shall submit a Capital 
Investment Plan to the Committees on Appropriations of the Senate and 
the House of Representatives not later than 30 days following the 
submission of the annual budget submitted by the President:  Provided, 
That such Capital Investment Plan shall include capital investment 
spending from all accounts within the Department of the Treasury, 
including but not limited to the Department-wide Systems and Capital 
Investment Programs account, Treasury Franchise Fund account, and the 
Treasury Forfeiture Fund account:  Provided further, That such Capital 
Investment Plan shall include expenditures occurring in previous fiscal 
years for each capital investment project that has not been fully 
completed.

[[Page 132 STAT. 545]]

    Sec. 124.  Within 45 days after the date of enactment of this Act, 
the Secretary of the Treasury shall submit an itemized report to the 
Committees on Appropriations of the House of Representatives and the 
Senate on the amount of total funds charged to each office by the 
Franchise Fund including the amount charged for each service provided by 
the Franchise Fund to each office, a detailed description of the 
services, a detailed explanation of how each charge for each service is 
calculated, and a description of the role customers have in governing in 
the Franchise Fund.
    Sec. 125.  During fiscal year 2018--
            (1) none of the funds made available in this or any other 
        Act may be used by the Department of the Treasury, including the 
        Internal Revenue Service, to issue, revise, or finalize any 
        regulation, revenue ruling, or other guidance not limited to a 
        particular taxpayer relating to the standard which is used to 
        determine whether an organization is operated exclusively for 
        the promotion of social welfare for purposes of section 
        501(c)(4) of the Internal Revenue Code of 1986 (including the 
        proposed regulations published at 78 Fed. Reg. 71535 (November 
        29, 2013)); and
            (2) the standard and definitions as in effect on January 1, 
        2010, which are used to make such determinations shall apply 
        after the date of the enactment of this Act for purposes of 
        determining status under section 501(c)(4) of such Code of 
        organizations created on, before, or after such date.

    Sec. 126. (a) Not later than 60 days after the end of each quarter, 
the Office of Financial Stability and the Office of Financial Research 
shall submit reports on their activities to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Financial Services of the House of Representatives and the 
Senate Committee on Banking, Housing, and Urban Affairs.
    (b) The reports required under subsection (a) shall include--
            (1) the obligations made during the previous quarter by 
        object class, office, and activity;
            (2) the estimated obligations for the remainder of the 
        fiscal year by object class, office, and activity;
            (3) the number of full-time equivalents within each office 
        during the previous quarter;
            (4) the estimated number of full-time equivalents within 
        each office for the remainder of the fiscal year; and
            (5) actions taken to achieve the goals, objectives, and 
        performance measures of each office.

    (c) At the request of any such Committees specified in subsection 
(a), the Office of Financial Stability and the Office of Financial 
Research shall make officials available to testify on the contents of 
the reports required under subsection (a).
    Sec. 127.  Notwithstanding paragraph (2) of section 402(c) of the 
Helping Families Save their Homes Act of 2009, in utilizing funds made 
available by paragraph (1) of section 402(c) of such Act, the Special 
Inspector General for the Troubled Asset Relief Program shall prioritize 
the performance of audits or investigations of any program that is 
funded in whole or in part by funds appropriated under the Emergency 
Economic Stabilization Act of 2008, to the extent that such priority is 
consistent with other aspects of the mission of the Special Inspector 
General.

[[Page 132 STAT. 546]]

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

 TITLE II <<NOTE: Executive Office of the President Appropriations Act, 
2018.>> 

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                             The White House

                          salaries and expenses

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

                 Executive Residence at the White House

                           operating expenses

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

                          reimbursable expenses

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

[[Page 132 STAT. 547]]

and assess penalties and other charges on any such amount that is not 
reimbursed within such 30 days, in accordance with the interest and 
penalty provisions applicable to an outstanding debt on a United States 
Government claim under 31 U.S.C. 3717:  Provided further, That each such 
amount that is reimbursed, and any accompanying interest and charges, 
shall be deposited in the Treasury as miscellaneous receipts:  Provided 
further, That the Executive Residence shall prepare and submit to the 
Committees on Appropriations, by not later than 90 days after the end of 
the fiscal year covered by this Act, a report setting forth the 
reimbursable operating expenses of the Executive Residence during the 
preceding fiscal year, including the total amount of such expenses, the 
amount of such total that consists of reimbursable official and 
ceremonial events, the amount of such total that consists of 
reimbursable political events, and the portion of each such amount that 
has been reimbursed as of the date of the report:  Provided further, 
That the Executive Residence shall maintain a system for the tracking of 
expenses related to reimbursable events within the Executive Residence 
that includes a standard for the classification of any such expense as 
political or nonpolitical:  Provided further, That no provision of this 
paragraph may be construed to exempt the Executive Residence from any 
other applicable requirement of subchapter I or II of chapter 37 of 
title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to 
remain available until expended, for required maintenance, resolution of 
safety and health issues, and continued preventative maintenance.

                      Council of Economic Advisers

                          salaries and expenses

    For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021 et seq.), $4,187,000.

         National Security Council and Homeland Security Council

                          salaries and expenses

    For necessary expenses of the National Security Council and the 
Homeland Security Council, including services as authorized by 5 U.S.C. 
3109, $11,800,000.

                        Office of Administration

                          salaries and expenses

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $100,000,000, of which not to exceed 
$12,800,000 shall remain available until expended

[[Page 132 STAT. 548]]

for continued modernization of information resources within the 
Executive Office of the President.

                     Office of Management and Budget

                          salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized by 
5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44, 
United States Code, and to prepare and submit the budget of the United 
States Government, in accordance with section 1105(a) of title 31, 
United States Code, $101,000,000, of which not to exceed $3,000 shall be 
available for official representation expenses:  Provided, That none of 
the funds appropriated in this Act for the Office of Management and 
Budget may be used for the purpose of reviewing any agricultural 
marketing orders or any activities or regulations under the provisions 
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
seq.):  Provided further, That none of the funds made available for the 
Office of Management and Budget by this Act may be expended for the 
altering of the transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and Budget, before 
the Committees on Appropriations or their subcommittees:  Provided 
further, That of the funds made available for the Office of Management 
and Budget by this Act, no less than three full-time equivalent senior 
staff position shall be dedicated solely to the Office of the 
Intellectual Property Enforcement Coordinator:  Provided further, That 
none of the funds provided in this or prior Acts shall be used, directly 
or indirectly, by the Office of Management and Budget, for evaluating or 
determining if water resource project or study reports submitted by the 
Chief of Engineers acting through the Secretary of the Army are in 
compliance with all applicable laws, regulations, and requirements 
relevant to the Civil Works water resource planning process:  Provided 
further, That the Office of Management and Budget shall have not more 
than 60 days in which to perform budgetary policy reviews of water 
resource matters on which the Chief of Engineers has reported:  Provided 
further, That the Director of the Office of Management and Budget shall 
notify the appropriate authorizing and appropriating committees when the 
60-day review is initiated:  Provided further, That if water resource 
reports have not been transmitted to the appropriate authorizing and 
appropriating committees within 15 days after the end of the Office of 
Management and Budget review period based on the notification from the 
Director, Congress shall assume Office of Management and Budget 
concurrence with the report and act accordingly.

                 Office of National Drug Control Policy

                          salaries and expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to 
exceed $10,000 for official reception and representation expenses; and 
for participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research,

[[Page 132 STAT. 549]]

or public organizations or agencies, with or without reimbursement, 
$18,400,000:  Provided, That <<NOTE: 21 USC 1702 note.>>  the Office is 
authorized to accept, hold, administer, and utilize gifts, both real and 
personal, public and private, without fiscal year limitation, for the 
purpose of aiding or facilitating the work of the Office.

                      federal drug control programs

              high intensity drug trafficking areas program

                     (including transfers of funds)

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

                   other federal drug control programs

                     (including transfers of funds)

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

[[Page 132 STAT. 550]]

court training and technical assistance; $9,500,000 for anti-doping 
activities; $2,343,000 for the United States membership dues to the 
World Anti-Doping Agency; and $1,250,000 shall be made available as 
directed by section 1105 of Public Law 109-469; and $3,000,000, to 
remain available until expended, shall be for activities authorized by 
section 103 of Public Law 114-198:  Provided, That amounts made 
available under this heading may be transferred to other Federal 
departments and agencies to carry out such activities.

                           Unanticipated Needs

    For expenses necessary to enable the President to meet unanticipated 
needs, in furtherance of the national interest, security, or defense 
which may arise at home or abroad during the current fiscal year, as 
authorized by 3 U.S.C. 108, $798,000, to remain available until 
September 30, 2019.

               Information Technology Oversight and Reform

                      (including transfer of funds)

    For necessary expenses for the furtherance of integrated, efficient, 
secure, and effective uses of information technology in the Federal 
Government, $19,000,000, to remain available until expended:  Provided, 
That the Director of the Office of Management and Budget may transfer 
these funds to one or more other agencies to carry out projects to meet 
these purposes.

                   Special Assistance to the President

                          salaries and expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,288,000.

                Official Residence of the Vice President

                           operating expenses

                      (including transfer of funds)

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000:  Provided, That 
advances, repayments, or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

[[Page 132 STAT. 551]]

 Administrative Provisions--Executive Office of the President and Funds 
                      Appropriated to the President

                      (including transfer of funds)

    Sec. 201.  From funds made available in this Act under the headings 
``The White House'', ``Executive Residence at the White House'', ``White 
House Repair and Restoration'', ``Council of Economic Advisers'', 
``National Security Council and Homeland Security Council'', ``Office of 
Administration'', ``Special Assistance to the President'', and 
``Official Residence of the Vice President'', the Director of the Office 
of Management and Budget (or such other officer as the President may 
designate in writing), may, with advance approval of the Committees on 
Appropriations of the House of Representatives and the Senate, transfer 
not to exceed 10 percent of any such appropriation to any other such 
appropriation, to be merged with and available for the same time and for 
the same purposes as the appropriation to which transferred:  Provided, 
That the amount of an appropriation shall not be increased by more than 
50 percent by such transfers:  Provided further, That no amount shall be 
transferred from ``Special Assistance to the President'' or ``Official 
Residence of the Vice President'' without the approval of the Vice 
President.
    Sec. 202.  Within 90 days after the date of enactment of this 
section, the Director of the Office of Management and Budget shall 
submit a report to the Committees on Appropriations of the House of 
Representatives and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203). Such report shall include--
            (1) the estimated mandatory and discretionary obligations of 
        funds through fiscal year 2019, by Federal agency and by fiscal 
        year, including--
                    (A) the estimated obligations by cost inputs such as 
                rent, information technology, contracts, and personnel;
                    (B) the methodology and data sources used to 
                calculate such estimated obligations; and
                    (C) the specific section of such Act that requires 
                the obligation of funds; and
            (2) the estimated receipts through fiscal year 2019 from 
        assessments, user fees, and other fees by the Federal agency 
        making the collections, by fiscal year, including--
                    (A) the methodology and data sources used to 
                calculate such estimated collections; and
                    (B) the specific section of such Act that authorizes 
                the collection of funds.

    Sec. 203. (a) During fiscal year 2018, any Executive order or 
Presidential memorandum issued or revoked by the President shall be 
accompanied by a written statement from the Director of the Office of 
Management and Budget on the budgetary impact, including costs, 
benefits, and revenues, of such order or memorandum.
    (b) Any such statement shall include--
            (1) a narrative summary of the budgetary impact of such 
        order or memorandum on the Federal Government;
            (2) the impact on mandatory and discretionary obligations 
        and outlays as the result of such order or memorandum, listed

[[Page 132 STAT. 552]]

        by Federal agency, for each year in the 5-fiscal year period 
        beginning in fiscal year 2018; and
            (3) the impact on revenues of the Federal Government as the 
        result of such order or memorandum over the 5-fiscal-year period 
        beginning in fiscal year 2018.

    (c) If an Executive order or Presidential memorandum is issued 
during fiscal year 2018 due to a national emergency, the Director of the 
Office of Management and Budget may issue the statement required by 
subsection (a) not later than 15 days after the date that such order or 
memorandum is issued.
    (d) The requirement for cost estimates for Presidential memoranda 
shall only apply for Presidential memoranda estimated to have a 
regulatory cost in excess of $100,000,000.
    This title may be cited as the ``Executive Office of the President 
Appropriations Act, 2018''.

TITLE III <<NOTE: Judiciary Appropriations Act, 2018.>> 

                              THE JUDICIARY

                   Supreme Court of the United States

                          salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344; not to exceed $10,000 for official reception and representation 
expenses; and for miscellaneous expenses, to be expended as the Chief 
Justice may approve, $82,028,000, of which $1,500,000 shall remain 
available until expended.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of the chief justice and associate 
justices of the court.

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect of 
the Capitol to carry out the duties imposed upon the Architect by 40 
U.S.C. 6111 and 6112, $16,153,000, to remain available until expended.

         United States Court of Appeals for the Federal Circuit

                          salaries and expenses

    For salaries of officers and employees, and for necessary expenses 
of the court, as authorized by law, $31,291,000.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of the chief judge and judges of the 
court.

[[Page 132 STAT. 553]]

               United States Court of International Trade

                          salaries and expenses

    For salaries of officers and employees of the court, services, and 
necessary expenses of the court, as authorized by law, $18,889,000.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of the chief judge and judges of the 
court.

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

    For the salaries of judges of the United States Court of Federal 
Claims, magistrate judges, and all other officers and employees of the 
Federal Judiciary not otherwise specifically provided for, necessary 
expenses of the courts, and the purchase, rental, repair, and cleaning 
of uniforms for Probation and Pretrial Services Office staff, as 
authorized by law, $5,099,061,000 (including the purchase of firearms 
and ammunition); of which not to exceed $27,817,000 shall remain 
available until expended for space alteration projects and for furniture 
and furnishings related to new space alteration and construction 
projects.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of circuit and district judges 
(including judges of the territorial courts of the United States), 
bankruptcy judges, and justices and judges retired from office or from 
regular active service.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed 
$8,230,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.

                            defender services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under 18 U.S.C. 3006A and 3599, and for the 
compensation and reimbursement of expenses of persons furnishing 
investigative, expert, and other services for such representations as 
authorized by law; the compensation (in accordance with the maximums 
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys 
appointed to assist the court in criminal cases where the defendant has 
waived representation by counsel; the compensation and reimbursement of 
expenses of attorneys appointed to represent jurors in civil actions for 
the protection of their employment, as authorized by 28 U.S.C. 
1875(d)(1); the compensation and reimbursement of expenses of attorneys 
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial 
civil forfeiture proceedings; the compensation and reimbursement of 
travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b); 
and for necessary training and general administrative expenses, 
$1,078,713,000 to remain available until expended.

[[Page 132 STAT. 554]]

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71.1(h)), $50,944,000, to remain available until 
expended:  Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 5 
U.S.C. 5332.

                             court security

                      (including transfer of funds)

    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses and 
other facilities housing Federal court operations, and the procurement, 
installation, and maintenance of security systems and equipment for 
United States courthouses and other facilities housing Federal court 
operations, including building ingress-egress control, inspection of 
mail and packages, directed security patrols, perimeter security, basic 
security services provided by the Federal Protective Service, and other 
similar activities as authorized by section 1010 of the Judicial 
Improvement and Access to Justice Act (Public Law 100-702), 
$586,999,000, of which not to exceed $20,000,000 shall remain available 
until expended, to be expended directly or transferred to the United 
States Marshals Service, which shall be responsible for administering 
the Judicial Facility Security Program consistent with standards or 
guidelines agreed to by the Director of the Administrative Office of the 
United States Courts and the Attorney General.

            Administrative Office of the United States Courts

                          salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 31 
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $90,423,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                         Federal Judicial Center

                          salaries and expenses

    For necessary expenses of the Federal Judicial Center, as authorized 
by Public Law 90-219, $29,265,000; of which $1,800,000 shall remain 
available through September 30, 2019, to provide education and training 
to Federal court personnel; and of which not to exceed $1,500 is 
authorized for official reception and representation expenses.

[[Page 132 STAT. 555]]

                   United States Sentencing Commission

                          salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $18,699,000, of which not 
to exceed $1,000 is authorized for official reception and representation 
expenses.

                Administrative Provisions--The Judiciary

                      (including transfer of funds)

    Sec. 301.  Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers:  Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections 604 and 608 of this Act and shall 
not be available for obligation or expenditure except in compliance with 
the procedures set forth in section 608.
    Sec. 303.  Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, and 
Other Judicial Services'' shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
 Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    Sec. 304.  Section 3315(a) of title 40, United States Code, shall be 
applied by substituting ``Federal'' for ``executive'' each place it 
appears.
    Sec. 305.  In accordance with 28 U.S.C. 561-569, and notwithstanding 
any other provision of law, the United States Marshals Service shall 
provide, for such courthouses as its Director may designate in 
consultation with the Director of the Administrative Office of the 
United States Courts, for purposes of a pilot program, the security 
services that 40 U.S.C. 1315 authorizes the Department of Homeland 
Security to provide, except for the services specified in 40 U.S.C. 
1315(b)(2)(E). For building-specific security services at these 
courthouses, the Director of the Administrative Office of the United 
States Courts shall reimburse the United States Marshals Service rather 
than the Department of Homeland Security.
    Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of 
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter 
following paragraph 12--
            (1) in the second sentence (relating to the District of 
        Kansas), by striking ``26 years and 6 months'' and inserting 
        ``27 years and 6 months''; and

[[Page 132 STAT. 556]]

            (2) in the sixth sentence (relating to the District of 
        Hawaii), by striking ``21 years and 6 months'' and inserting 
        ``24 years and 6 months''.

    (b) Section 406 of the Transportation, Treasury, Housing and Urban 
Development, the Judiciary, the District of Columbia, and Independent 
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470; 
28 U.S.C. 133 note) is amended in the second sentence (relating to the 
eastern District of Missouri) by striking ``24 years and 6 months'' and 
inserting ``25 years and 6 months''.
    (c) Section 312(c)(2) of the 21st Century Department of Justice 
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133 
note), is amended--
            (1) in the first sentence by striking ``15 years'' and 
        inserting ``16 years'';
            (2) in the second sentence (relating to the central District 
        of California), by striking ``14 years and 6 months'' and 
        inserting ``15 years and 6 months''; and
            (3) in the third sentence (relating to the western district 
        of North Carolina), by striking ``13 years'' and inserting ``14 
        years''.

    Sec. 307. (a) Section 1871(b) of title 28, United States Code, is 
amended in paragraph (1) by striking ``$40'' and inserting ``$50''.
    (b) <<NOTE: 28 USC 1871 note.>>  Effective Date.--The amendment made 
in subsection (a) shall take effect 45 days after the date of enactment 
of this Act.

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

TITLE IV <<NOTE: District of Columbia Appropriations Act, 2018.>> 

                          DISTRICT OF COLUMBIA

                              Federal Funds

              federal payment for resident tuition support

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

[[Page 132 STAT. 557]]

on Appropriations of the House of Representatives and the Senate for 
these funds showing, by object class, the expenditures made and the 
purpose therefor.

    federal payment for emergency planning and security costs in the 
                          district of columbia

    For a Federal payment of necessary expenses, as determined by the 
Mayor of the District of Columbia in written consultation with the 
elected county or city officials of surrounding jurisdictions, 
$13,000,000, to remain available until expended, for the costs of 
providing public safety at events related to the presence of the 
National Capital in the District of Columbia, including support 
requested by the Director of the United States Secret Service in 
carrying out protective duties under the direction of the Secretary of 
Homeland Security, and for the costs of providing support to respond to 
immediate and specific terrorist threats or attacks in the District of 
Columbia or surrounding jurisdictions.

           federal payment to the district of columbia courts

    For salaries and expenses for the District of Columbia Courts, 
$265,400,000 to be allocated as follows: for the District of Columbia 
Court of Appeals, $14,000,000, of which not to exceed $2,500 is for 
official reception and representation expenses; for the Superior Court 
of the District of Columbia, $121,000,000, of which not to exceed $2,500 
is for official reception and representation expenses; for the District 
of Columbia Court System, $71,500,000, of which not to exceed $2,500 is 
for official reception and representation expenses; and $58,900,000, to 
remain available until September 30, 2019, for capital improvements for 
District of Columbia courthouse facilities:  Provided, That funds made 
available for capital improvements shall be expended consistent with the 
District of Columbia Courts master plan study and facilities condition 
assessment:  Provided further, That notwithstanding any other provision 
of law, all amounts under this heading shall be apportioned quarterly by 
the Office of Management and Budget and obligated and expended in the 
same manner as funds appropriated for salaries and expenses of other 
Federal agencies:  Provided further, That 30 days after providing 
written notice to the Committees on Appropriations of the House of 
Representatives and the Senate, the District of Columbia Courts may 
reallocate not more than $6,000,000 of the funds provided under this 
heading among the items and entities funded under this heading:  
Provided further, That the Joint Committee on Judicial Administration in 
the District of Columbia may, by regulation, establish a program 
substantially similar to the program set forth in subchapter II of 
chapter 35 of title 5, United States Code, for employees of the District 
of Columbia Courts.

  federal payment for defender services in district of columbia courts

                      (including transfer of funds)

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments

[[Page 132 STAT. 558]]

for counsel appointed in proceedings in the Family Court of the Superior 
Court of the District of Columbia under chapter 23 of title 16, D.C. 
Official Code, or pursuant to contractual agreements to provide guardian 
ad litem representation, training, technical assistance, and such other 
services as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Official Code, and payments authorized 
under section 21-2060, D.C. Official Code (relating to services provided 
under the District of Columbia Guardianship, Protective Proceedings, and 
Durable Power of Attorney Act of 1986), $49,890,000, to remain available 
until expended:  Provided, That not more than $20,000,000 in unobligated 
funds provided in this account may be transferred to and merged with 
funds made available under the heading ``Federal Payment to the District 
of Columbia Courts,'' to be available for the same period and purposes 
as funds made available under that heading for capital improvements to 
District of Columbia courthouse facilities:  Provided, That funds 
provided under this heading shall be administered by the Joint Committee 
on Judicial Administration in the District of Columbia:  Provided 
further, That, notwithstanding any other provision of law, this 
appropriation shall be apportioned quarterly by the Office of Management 
and Budget and obligated and expended in the same manner as funds 
appropriated for expenses of other Federal agencies.

 federal payment to the court services and offender supervision agency 
                      for the district of columbia

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$244,298,000, of which not to exceed $2,000 is for official reception 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs, of which not to exceed $25,000 is for 
dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002; of which $180,840,000 shall be for necessary expenses of Community 
Supervision and Sex Offender Registration, to include expenses relating 
to the supervision of adults subject to protection orders or the 
provision of services for or related to such persons; and of which 
$63,458,000 shall be available to the Pretrial Services Agency:  
Provided, That notwithstanding any other provision of law, all amounts 
under this heading shall be apportioned quarterly by the Office of 
Management and Budget and obligated and expended in the same manner as 
funds appropriated for salaries and expenses of other Federal agencies:  
Provided further, That amounts under this heading may be used for 
programmatic incentives for defendants to successfully complete their 
terms of supervision.

   federal payment to the district of columbia public defender service

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the District of Columbia Public Defender Service, as 
authorized by the National Capital Revitalization and Self-Government 
Improvement Act of 1997, $41,829,000:  Provided,

[[Page 132 STAT. 559]]

That notwithstanding any other provision of law, all amounts under this 
heading shall be apportioned quarterly by the Office of Management and 
Budget and obligated and expended in the same manner as funds 
appropriated for salaries and expenses of Federal agencies.

      federal payment to the criminal justice coordinating council

    For a Federal payment to the Criminal Justice Coordinating Council, 
$2,000,000, to remain available until expended, to support initiatives 
related to the coordination of Federal and local criminal justice 
resources in the District of Columbia.

                federal payment for judicial commissions

    For a Federal payment, to remain available until September 30, 2019, 
to the Commission on Judicial Disabilities and Tenure, $295,000, and for 
the Judicial Nomination Commission, $270,000.

                 federal payment for school improvement

    For a Federal payment for a school improvement program in the 
District of Columbia, $45,000,000, to remain available until expended, 
for payments authorized under the Scholarship for Opportunity and 
Results Act (division C of Public Law 112-10):  Provided, That, to the 
extent that funds are available for opportunity scholarships and 
following the priorities included in section 3006 of such Act, the 
Secretary of Education shall make scholarships available to students 
eligible under section 3013(3) of such Act (Public Law 112-10; 125 Stat. 
211) including students who were not offered a scholarship during any 
previous school year:  Provided further, That within funds provided for 
opportunity scholarships $3,200,000 shall be for the activities 
specified in sections 3007(b) through 3007(d) and 3009 of the Act.

       federal payment for the district of columbia national guard

    For a Federal payment to the District of Columbia National Guard, 
$435,000, to remain available until expended for the Major General David 
F. Wherley, Jr. District of Columbia National Guard Retention and 
College Access Program.

          federal payment for testing and treatment of hiv/aids

    For a Federal payment to the District of Columbia for the testing of 
individuals for, and the treatment of individuals with, human 
immunodeficiency virus and acquired immunodeficiency syndrome in the 
District of Columbia, $5,000,000.

                       District of Columbia Funds

    Local funds are appropriated for the District of Columbia for the 
current fiscal year out of the General Fund of the District of Columbia 
(``General Fund'') for programs and activities set forth under the 
heading ``part a--summary of expenses'' and at the rate set forth under 
such heading, as included in D.C. Bill 22-242, as amended as of the date 
of enactment of this Act:  Provided, That notwithstanding any other 
provision of law, except as provided in section 450A of the District of 
Columbia Home Rule Act (section

[[Page 132 STAT. 560]]

1-204.50a, D.C. Official Code), sections 816 and 817 of the Financial 
Services and General Government Appropriations Act, 2009 (secs. 47-
369.01 and 47-369.02, D.C. Official Code), and provisions of this Act, 
the total amount appropriated in this Act for operating expenses for the 
District of Columbia for fiscal year 2018 under this heading shall not 
exceed the estimates included in D.C. Bill 22-242, as amended as of the 
date of enactment of this Act or the sum of the total revenues of the 
District of Columbia for such fiscal year:  Provided further, That the 
amount appropriated may be increased by proceeds of one-time 
transactions, which are expended for emergency or unanticipated 
operating or capital needs:  Provided further, That such increases shall 
be approved by enactment of local District law and shall comply with all 
reserve requirements contained in the District of Columbia Home Rule 
Act:  Provided further, That the Chief Financial Officer of the District 
of Columbia shall take such steps as are necessary to assure that the 
District of Columbia meets these requirements, including the 
apportioning by the Chief Financial Officer of the appropriations and 
funds made available to the District during fiscal year 2018, except 
that the Chief Financial Officer may not reprogram for operating 
expenses any funds derived from bonds, notes, or other obligations 
issued for capital projects.

  federal payment to the district of columbia water and sewer authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $14,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan:  Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.
    This title may be cited as the ``District of Columbia Appropriations 
Act, 2018''.

                                 TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                          salaries and expenses

    For necessary expenses of the Administrative Conference of the 
United States, authorized by 5 U.S.C. 591 et seq., $3,100,000, to remain 
available until September 30, 2019, of which not to exceed $1,000 is for 
official reception and representation expenses.

                   Consumer Product Safety Commission

                          salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under 5 U.S.C. 5376, 
purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $8,000 for 
official reception and representation

[[Page 132 STAT. 561]]

expenses, $126,000,000, of which $1,100,000 shall remain available until 
expended to carry out the program, including administrative costs, 
required by section 1405 of the Virginia Graeme Baker Pool and Spa 
Safety Act (Public Law 110-140; 15 U.S.C. 8004).

      administrative provisions--consumer product safety commission

    Sec. 501.  During fiscal year 2018, none of the amounts made 
available by this Act may be used to finalize or implement the Safety 
Standard for Recreational Off-Highway Vehicles published by the Consumer 
Product Safety Commission in the Federal Register on November 19, 2014 
(79 Fed. Reg. 68964) until after--
            (1) the National Academy of Sciences, in consultation with 
        the National Highway Traffic Safety Administration and the 
        Department of Defense, completes a study to determine--
                    (A) the technical validity of the lateral stability 
                and vehicle handling requirements proposed by such 
                standard for purposes of reducing the risk of 
                Recreational Off-Highway Vehicle (referred to in this 
                section as ``ROV'') rollovers in the off-road 
                environment, including the repeatability and 
                reproducibility of testing for compliance with such 
                requirements;
                    (B) the number of ROV rollovers that would be 
                prevented if the proposed requirements were adopted;
                    (C) whether there is a technical basis for the 
                proposal to provide information on a point-of-sale 
                hangtag about a ROV's rollover resistance on a 
                progressive scale; and
                    (D) the effect on the utility of ROVs used by the 
                United States military if the proposed requirements were 
                adopted; and
            (2) a report containing the results of the study completed 
        under paragraph (1) is delivered to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (C) the Committee on Appropriations of the Senate; 
                and
                    (D) the Committee on Appropriations of the House of 
                Representatives.

                     Election Assistance Commission

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses to carry out the Help America Vote Act of 
2002 (Public Law 107-252), $10,100,000, of which $1,500,000 shall be 
transferred to the National Institute of Standards and Technology for 
election reform activities authorized under the Help America Vote Act of 
2002.

                         election reform program

    Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of 
2002 (52 U.S.C. 20904(c)(2)(B)), $380,000,000 is provided

[[Page 132 STAT. 562]]

to the Election Assistance Commission for necessary expenses to make 
payments to States for activities to improve the administration of 
elections for Federal office, including to enhance election technology 
and make election security improvements, as authorized by sections 101, 
103, and 104 of such Act:  Provided, That each reference to the 
``Administrator of General Services'' or the ``Administrator'' in 
sections 101 and 103 shall be deemed to refer to the ``Election 
Assistance Commission'':  Provided further, That each reference to 
``$5,000,000'' in section 103 shall be deemed to refer to ``$3,000,000'' 
and each reference to ``$1,000,000'' in section 103 shall be deemed to 
refer to ``$600,000'':  Provided further, That not later than 45 days 
after the date of enactment of this Act, the Election Assistance 
Commission shall make the payments to states under this heading:  
Provided further, That not later than two years after receiving a 
payment under this heading, a state shall make available funds for such 
activities in an amount equal to 5 percent of the total amount of the 
payment made to the State under this heading.

                    Federal Communications Commission

                          salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official 
reception and representation expenses; purchase and hire of motor 
vehicles; special counsel fees; and services as authorized by 5 U.S.C. 
3109, $322,035,000, to remain available until expended:  Provided, That 
$322,035,000 of offsetting collections shall be assessed and collected 
pursuant to section 9 of title I of the Communications Act of 1934, 
shall be retained and used for necessary expenses and shall remain 
available until expended:  Provided further, That the sum herein 
appropriated shall be reduced as such offsetting collections are 
received during fiscal year 2018 so as to result in a final fiscal year 
2018 appropriation estimated at $0:  Provided further, That any 
offsetting collections received in excess of $322,035,000 in fiscal year 
2018 shall not be available for obligation:  Provided further, That 
remaining offsetting collections from prior years collected in excess of 
the amount specified for collection in each such year and otherwise 
becoming available on October 1, 2017, shall not be available for 
obligation:  Provided further, That, notwithstanding 47 U.S.C. 
309(j)(8)(B), proceeds from the use of a competitive bidding system that 
may be retained and made available for obligation shall not exceed 
$111,150,000 for fiscal year 2018:  Provided further, That, of the 
amount appropriated under this heading, not less than $11,020,000 shall 
be for the salaries and expenses of the Office of Inspector General.

      administrative provisions--federal communications commission

    Sec. 510.  None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change its 
rules or regulations for universal service support payments to implement 
the February 27, 2004 recommendations of the Federal-State Joint Board 
on Universal Service

[[Page 132 STAT. 563]]

regarding single connection or primary line restrictions on universal 
service support payments.
    Sec. 511.  Section 6403 of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1452) is amended by adding at the end 
the following:
    ``(j) Reserve Source for Payment of Relocation Costs.--
            ``(1) Funding.--There are hereby authorized to be 
        appropriated, and appropriated, to the TV Broadcaster Relocation 
        Fund established by subsection (d), out of any monies in the 
        Treasury not otherwise appropriated--
                    ``(A) for fiscal year 2018, $600,000,000, to remain 
                available, notwithstanding subsection (d)(4), until not 
                later than July 3, 2023, pursuant to this subsection; 
                and
                    ``(B) for fiscal year 2019, $400,000,000, to remain 
                available, notwithstanding subsection (d)(4), until not 
                later than July 3, 2023, pursuant to this subsection.
            ``(2) Availability of funds.--
                    ``(A) In general.--If the Commission makes the 
                certification described in subparagraph (B), amounts 
                made available to the TV Broadcaster Relocation Fund by 
                paragraph (1) shall be available to the Commission to 
                make--
                          ``(i) reimbursements pursuant to subsection 
                      (b)(4)(A)(i) or (b)(4)(A)(ii), including not more 
                      than $350,000,000 for this purpose from funds made 
                      available by paragraph (1)(A);
                          ``(ii) payments required by subsection (k), 
                      including not more than $150,000,000 for this 
                      purpose from funds made available by paragraph 
                      (1)(A);
                          ``(iii) payments required by subsection (l), 
                      including not more than $50,000,000 for this 
                      purpose from funds made available by paragraph 
                      (1)(A); and
                          ``(iv) payments solely for the purposes of 
                      consumer education relating to the reorganization 
                      of broadcast television spectrum under subsection 
                      (b), including $50,000,000 for this purpose from 
                      funds made available by paragraph (1)(A).
                    ``(B) Certification.--The certification described in 
                this subparagraph is a certification from the Commission 
                to the Secretary of the Treasury that the funds 
                available prior to the date of enactment of this 
                subsection in the TV Broadcaster Relocation Fund are 
                likely to be insufficient to reimburse reasonably 
                incurred costs described in subsection (b)(4)(A)(i) or 
                (b)(4)(A)(ii).
                    ``(C) Availability for payments after april 13, 
                2020.--
                          ``(i) For payments to broadcast television 
                      licensees and mvpds.--Notwithstanding subsection 
                      (b)(4)(D), the Commission may make payments 
                      pursuant to subsection (b)(4)(A)(i) or 
                      (b)(4)(A)(ii) from amounts made available to the 
                      TV Broadcaster Relocation Fund by paragraph (1) 
                      after April 13, 2020, if, before making any such 
                      payments after such date, the Commission submits 
                      to Congress a certification that such payments are 
                      necessary to reimburse reasonably incurred costs 
                      described in such subsection.
                          ``(ii) For payments to television translator 
                      stations and low power television stations.--

[[Page 132 STAT. 564]]

                      Amounts made available to the TV Broadcaster 
                      Relocation Fund by paragraph (1) shall not be 
                      available to the Commission to make payments 
                      required by subsection (k) after April 13, 2020, 
                      unless, before making any such payments after such 
                      date, the Commission submits to Congress a 
                      certification that such payments are necessary to 
                      reimburse costs reasonably incurred by a 
                      television translator station or low power 
                      television station (as such terms are defined in 
                      subsection (k)) on or after January 1, 2017, in 
                      order for such station to relocate its television 
                      service from one channel to another channel or 
                      otherwise modify its facility as a result of the 
                      reorganization of broadcast television spectrum 
                      under subsection (b).
                          ``(iii) For payments to fm broadcast 
                      stations.--Amounts made available to the TV 
                      Broadcaster Relocation Fund by paragraph (1) shall 
                      not be available to the Commission to make 
                      payments required by subsection (l) after April 
                      13, 2020, unless, before making any such payments 
                      after such date, the Commission submits to 
                      Congress a certification that such payments are 
                      necessary to reimburse costs reasonably incurred 
                      by an FM broadcast station (as defined in 
                      subsection (l)) for facilities necessary for such 
                      station to reasonably minimize disruption of 
                      service as a result of the reorganization of 
                      broadcast television spectrum under subsection 
                      (b).
            ``(3) Unused funds rescinded and deposited into the general 
        fund of the treasury.--
                    ``(A) Rescission and deposit.--If any unobligated 
                amounts made available to the TV Broadcaster Relocation 
                Fund by paragraph (1) remain in the Fund after the date 
                described in subparagraph (B), such amounts shall be 
                rescinded and deposited into the general fund of the 
                Treasury, where such amounts shall be dedicated for the 
                sole purpose of deficit reduction.
                    ``(B) Date described.--The date described in this 
                subparagraph is the earlier of--
                          ``(i) the date of a certification by the 
                      Commission under subparagraph (C) that all 
                      reimbursements pursuant to subsections 
                      (b)(4)(A)(i) and (b)(4)(A)(ii) have been made and 
                      that all reimbursements pursuant to subsections 
                      (k) and (l) have been made; or
                          ``(ii) July 3, 2023.
                    ``(C) Certification.--If all reimbursements pursuant 
                to subsections (b)(4)(A)(i) and (b)(4)(A)(ii) and all 
                reimbursements pursuant to subsections (k) and (l) have 
                been made before July 3, 2023, the Commission shall 
                submit to the Secretary of the Treasury a certification 
                that all such reimbursements have been made.
            ``(4) Administrative costs.--The amount of auction proceeds 
        that the salaries and expenses account of the Commission is 
        required to retain under section 309(j)(8)(B) of the 
        Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), including 
        from the proceeds of the forward auction under this section, 
        shall be sufficient to cover the administrative costs incurred 
        by the Commission in making any reimbursements out of the TV

[[Page 132 STAT. 565]]

        Broadcaster Relocation Fund from amounts made available to that 
        Fund by paragraph (1).

    ``(k) Payment of Relocation Costs of Television Translator Stations 
and Low Power Television Stations.--
            ``(1) Payment required.--From amounts made available under 
        subsection (j)(2), the Commission shall reimburse costs 
        reasonably incurred by a television translator station or low 
        power television station on or after January 1, 2017, in order 
        for such station to relocate its television service from one 
        channel to another channel or otherwise modify its facility as a 
        result of the reorganization of broadcast television spectrum 
        under subsection (b). Only stations that are eligible to file 
        and do file an application in the Commission's Special 
        Displacement Window are eligible to seek reimbursement under 
        this paragraph.
            ``(2) Limitation.--The Commission may not make 
        reimbursements under paragraph (1) for lost revenues.
            ``(3) Duplicative payments prohibited.--In the case of a low 
        power television station that has been accorded primary status 
        as a Class A television licensee under section 73.6001(a) of 
        title 47, Code of Federal Regulations--
                    ``(A) if the licensee of such station has received 
                reimbursement with respect to such station under 
                subsection (b)(4)(A)(i) (including from amounts made 
                available under subsection (j)(2)(A)(i)), or from any 
                other source, such station may not receive reimbursement 
                under paragraph (1); and
                    ``(B) if such station has received reimbursement 
                under paragraph (1), the licensee of such station may 
                not receive reimbursement with respect to such station 
                under subsection (b)(4)(A)(i).
            ``(4) Additional limitation.--The Commission may not make 
        reimbursement under paragraph (1) for costs incurred to resolve 
        mutually exclusive applications, including costs incurred in any 
        auction of available channels.
            ``(5) Definitions.--In this subsection:
                    ``(A) Low power television station.--The term `low 
                power television station' means a low power TV station 
                (as defined in section 74.701 of title 47, Code of 
                Federal Regulations) that was licensed and transmitting 
                for at least 9 of the 12 months prior to April 13, 2017. 
                For purposes of the preceding sentence, the operation of 
                analog and digital companion facilities may be combined.
                    ``(B) Television translator station.--The term 
                `television translator station' means a television 
                broadcast translator station (as defined in section 
                74.701 of title 47, Code of Federal Regulations) that 
                was licensed and transmitting for at least 9 of the 12 
                months prior to April 13, 2017. For purposes of the 
                preceding sentence, the operation of analog and digital 
                companion facilities may be combined.

    ``(l) Payment of Relocation Costs of Fm Broadcast Stations.--
            ``(1) Payment required.--
                    ``(A) In general.--From amounts made available under 
                subsection (j)(2), the Commission shall reimburse costs 
                reasonably incurred by an FM broadcast station for

[[Page 132 STAT. 566]]

                facilities necessary for such station to reasonably 
                minimize disruption of service as a result of the 
                reorganization of broadcast television spectrum under 
                subsection (b).
                    ``(B) Limitation.--The Commission may not make 
                reimbursements under subparagraph (A) for lost revenues.
                    ``(C) Duplicative payments prohibited.--If an FM 
                broadcast station has received a payment for interim 
                facilities from the licensee of a television broadcast 
                station that was reimbursed for such payment under 
                subsection (b)(4)(A)(i) (including from amounts made 
                available under subsection (j)(2)(A)(i)), or from any 
                other source, such FM broadcast station may not receive 
                any reimbursements under subparagraph (A).
            ``(2) Fm broadcast station defined.--In this subsection, the 
        term `FM broadcast station' has the meaning given such term in 
        section 73.310 of title 47, Code of Federal Regulations, and 
        includes an FM translator, which has the meaning given the term 
        `FM translator' in section 74.1201 of such title.

    ``(m) Rulemaking.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Commission shall complete a 
        rulemaking to implement subsections (k) and (l).
            ``(2) Matters for inclusion.--The rulemaking completed under 
        paragraph (1) shall include the development of lists of 
        reasonable eligible costs to be reimbursed by the Commission 
        pursuant to subsections (k) and (l), and procedures for the 
        submission and review of cost estimates and other materials 
        related to those costs consistent with the regulations developed 
        by the Commission pursuant to subsection (b)(4).

    ``(n) Rule of Construction.--
            ``(1) Nothing in subsections (j) through (m) shall alter the 
        final transition phase completion date established by the 
        Commission for full power and Class A television stations.''.

                  Federal Deposit Insurance Corporation

                     office of the inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$39,136,000, to be derived from the Deposit Insurance Fund or, only when 
appropriate, the FSLIC Resolution Fund.

                       Federal Election Commission

                          salaries and expenses

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, $71,250,000, of which not to exceed 
$5,000 shall be available for reception and representation expenses.

[[Page 132 STAT. 567]]

                    Federal Labor Relations Authority

                          salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, 
and the Civil Service Reform Act of 1978, including services authorized 
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of 
passenger motor vehicles, and including official reception and 
representation expenses (not to exceed $1,500) and rental of conference 
rooms in the District of Columbia and elsewhere, $26,200,000:  Provided, 
That public members of the Federal Service Impasses Panel may be paid 
travel expenses and per diem in lieu of subsistence as authorized by law 
(5 U.S.C. 5703) for persons employed intermittently in the Government 
service, and compensation as authorized by 5 U.S.C. 3109:  Provided 
further, That, notwithstanding 31 U.S.C. 3302, funds received from fees 
charged to non-Federal participants at labor-management relations 
conferences shall be credited to and merged with this account, to be 
available without further appropriation for the costs of carrying out 
these conferences.

                        Federal Trade Commission

                          salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $306,317,000, to remain available until 
expended:  Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718:  Provided further, That, 
notwithstanding any other provision of law, not to exceed $126,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall 
be retained and used for necessary expenses in this appropriation:  
Provided further, That, notwithstanding any other provision of law, not 
to exceed $16,000,000 in offsetting collections derived from fees 
sufficient to implement and enforce the Telemarketing Sales Rule, 
promulgated under the Telemarketing and Consumer Fraud and Abuse 
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this 
account, and be retained and used for necessary expenses in this 
appropriation:  Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2018, so as to result in a final fiscal year 
2018 appropriation from the general fund estimated at not more than 
$164,317,000:  Provided further, That none of the funds made available 
to the Federal Trade Commission may be used to implement subsection 
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 
1831t).

[[Page 132 STAT. 568]]

                     General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

                     (including transfers of funds)

    Amounts in the Fund, including revenues and collections deposited 
into the Fund, shall be available for necessary expenses of real 
property management and related activities not otherwise provided for, 
including operation, maintenance, and protection of federally owned and 
leased buildings; rental of buildings in the District of Columbia; 
restoration of leased premises; moving governmental agencies (including 
space adjustments and telecommunications relocation expenses) in 
connection with the assignment, allocation, and transfer of space; 
contractual services incident to cleaning or servicing buildings, and 
moving; repair and alteration of federally owned buildings, including 
grounds, approaches, and appurtenances; care and safeguarding of sites; 
maintenance, preservation, demolition, and equipment; acquisition of 
buildings and sites by purchase, condemnation, or as otherwise 
authorized by law; acquisition of options to purchase buildings and 
sites; conversion and extension of federally owned buildings; 
preliminary planning and design of projects by contract or otherwise; 
construction of new buildings (including equipment for such buildings); 
and payment of principal, interest, and any other obligations for public 
buildings acquired by installment purchase and purchase contract; in the 
aggregate amount of $9,073,938,000, of which--
            (1) $692,069,000 shall remain available until expended for 
        construction and acquisition (including funds for sites and 
        expenses, and associated design and construction services) as 
        follows:
                    (A) $132,979,000 shall be for the Alexandria Bay, 
                New York, Land Port of Entry;
                    (B) $121,848,000 shall be for the San Diego, 
                California, Otay Mesa Land Port of Entry;
                    (C) $137,242,000 shall be for the Harrisburg, 
                Pennsylvania, United States Courthouse, as requested by 
                the Federal Judiciary;
                    (D) $110,000,000 shall be for the Huntsville, 
                Alabama, United States Courthouse, as requested by the 
                Federal Judiciary;
                    (E) $190,000,000 shall be for the Fort Lauderdale, 
                Florida, United States Courthouse, as requested by the 
                Federal Judiciary:
          Provided, That each of the foregoing limits of costs on new 
        construction and acquisition projects may be exceeded to the 
        extent that savings are effected in other such projects, but not 
        to exceed 10 percent of the amounts included in a transmitted 
        prospectus, if required, unless advance approval is obtained 
        from the Committees on Appropriations of a greater amount;
            (2) $666,335,000 shall remain available until expended for 
        repairs and alterations, including associated design and 
        construction services, of which--

[[Page 132 STAT. 569]]

                    (A) $289,245,000 is for Major Repairs and 
                Alterations;
                    (B) $312,090,000 is for Basic Repairs and 
                Alterations; and
                    (C) $65,000,000 is for Special Emphasis Programs, of 
                which--
                          (i) $25,000,000 is for Fire and Life Safety;
                          (ii) $20,000,000 is for Judiciary Capital 
                      Security; and
                          (iii) $20,000,000 is for Consolidation 
                      Activities:  Provided, That consolidation projects 
                      result in reduced annual rent paid by the tenant 
                      agency:  Provided further, That no consolidation 
                      project exceed $10,000,000 in costs:  Provided 
                      further, That consolidation projects are approved 
                      by each of the committees specified in section 
                      3307(a) of title 40, United States Code:  Provided 
                      further, That preference is given to consolidation 
                      projects that achieve a utilization rate of 130 
                      usable square feet or less per person for office 
                      space:  Provided further, That the obligation of 
                      funds under this paragraph for consolidation 
                      activities may not be made until 10 days after a 
                      proposed spending plan and explanation for each 
                      project to be undertaken, including estimated 
                      savings, has been submitted to the Committees on 
                      Appropriations of the House of Representatives and 
                      the Senate:
          Provided, That funds made available in this or any previous 
        Act in the Federal Buildings Fund for Repairs and Alterations 
        shall, for prospectus projects, be limited to the amount 
        identified for each project, except each project in this or any 
        previous Act may be increased by an amount not to exceed 10 
        percent unless advance approval is obtained from the Committees 
        on Appropriations of a greater amount:  Provided further, That 
        additional projects for which prospectuses have been fully 
        approved may be funded under this category only if advance 
        approval is obtained from the Committees on Appropriations:  
        Provided further, That the amounts provided in this or any prior 
        Act for ``Repairs and Alterations'' may be used to fund costs 
        associated with implementing security improvements to buildings 
        necessary to meet the minimum standards for security in 
        accordance with current law and in compliance with the 
        reprogramming guidelines of the appropriate Committees of the 
        House and Senate:  Provided further, That the difference between 
        the funds appropriated and expended on any projects in this or 
        any prior Act, under the heading ``Repairs and Alterations'', 
        may be transferred to Basic Repairs and Alterations or used to 
        fund authorized increases in prospectus projects:  Provided 
        further, That the amount provided in this or any prior Act for 
        Basic Repairs and Alterations may be used to pay claims against 
        the Government arising from any projects under the heading 
        ``Repairs and Alterations'' or used to fund authorized increases 
        in prospectus projects;
            (3) $5,493,768,000 for rental of space to remain available 
        until expended; and
            (4) $2,221,766,000 for building operations to remain 
        available until expended, of which $1,146,089,000 is for 
        building services, and $1,075,677,000 is for salaries and 
        expenses:  Provided, That not to exceed 5 percent of any 
        appropriation made

[[Page 132 STAT. 570]]

        available under this paragraph for building operations may be 
        transferred between and merged with such appropriations upon 
        notification to the Committees on Appropriations of the House of 
        Representatives and the Senate, but no such appropriation shall 
        be increased by more than 5 percent by any such transfers:  
        Provided further, That section 521 of this title shall not apply 
        with respect to funds made available under this heading for 
        building operations:  Provided further, That the total amount of 
        funds made available from this Fund to the General Services 
        Administration shall not be available for expenses of any 
        construction, repair, alteration and acquisition project for 
        which a prospectus, if required by 40 U.S.C. 3307(a), has not 
        been approved, except that necessary funds may be expended for 
        each project for required expenses for the development of a 
        proposed prospectus:  Provided further, That funds available in 
        the Federal Buildings Fund may be expended for emergency repairs 
        when advance approval is obtained from the Committees on 
        Appropriations:  Provided further, That amounts necessary to 
        provide reimbursable special services to other agencies under 40 
        U.S.C. 592(b)(2) and amounts to provide such reimbursable 
        fencing, lighting, guard booths, and other facilities on private 
        or other property not in Government ownership or control as may 
        be appropriate to enable the United States Secret Service to 
        perform its protective functions pursuant to 18 U.S.C. 3056, 
        shall be available from such revenues and collections:  Provided 
        further, That revenues and collections and any other sums 
        accruing to this Fund during fiscal year 2018, excluding 
        reimbursements under 40 U.S.C. 592(b)(2), in excess of the 
        aggregate new obligational authority authorized for Real 
        Property Activities of the Federal Buildings Fund in this Act 
        shall remain in the Fund and shall not be available for 
        expenditure except as authorized in appropriations Acts.

                           general activities

                         government-wide policy

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support responsibilities 
relating to acquisition, travel, motor vehicles, information technology 
management, and related technology activities; and services as 
authorized by 5 U.S.C. 3109; $53,499,000.

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; agency-wide policy 
direction, management, and communications; and services as authorized by 
5 U.S.C. 3109; $45,645,000, of which $24,357,000 is for Real and 
Personal Property Management and Disposal; $21,288,000 is for the Office 
of the Administrator, of which not to exceed $7,500 is for official 
reception and representation expenses.

[[Page 132 STAT. 571]]

                   civilian board of contract appeals

    For expenses authorized by law, not otherwise provided for, for the 
activities associated with the Civilian Board of Contract Appeals, 
$8,795,000.

                       office of inspector general

    For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $65,000,000:  Provided, That not to 
exceed $50,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property:  Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

            allowances and office staff for former presidents

    For carrying out the provisions of the Act of August 25, 1958 (3 
U.S.C. 102 note), and Public Law 95-138, $4,754,000.

                      federal citizen services fund

                      (including transfers of funds)

    For necessary expenses of the Office of Products and Programs, 
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and 
for necessary expenses in support of interagency projects that enable 
the Federal Government to enhance its ability to conduct activities 
electronically, through the development and implementation of innovative 
uses of information technology; $50,000,000, to be deposited into the 
Federal Citizen Services Fund:  Provided, That the previous amount may 
be transferred to Federal agencies to carry out the purpose of the 
Federal Citizen Services Fund:  Provided further, That the 
appropriations, revenues, reimbursements, and collections deposited into 
the Fund shall be available until expended for necessary expenses of 
Federal Citizen Services and other activities that enable the Federal 
Government to enhance its ability to conduct activities electronically 
in the aggregate amount not to exceed $100,000,000:  Provided further, 
That appropriations, revenues, reimbursements, and collections accruing 
to this Fund during fiscal year 2018 in excess of such amount shall 
remain in the Fund and shall not be available for expenditure except as 
authorized in appropriations Acts:  Provided further, That any 
appropriations provided to the Electronic Government Fund that remain 
unobligated may be transferred to the Federal Citizen Services Fund:  
Provided further, That the transfer authorities provided herein shall be 
in addition to any other transfer authority provided in this Act.

                      technology modernization fund

    For the Technology Modernization Fund, $100,000,000, to remain 
available until expended, for technology-related modernization 
activities.

[[Page 132 STAT. 572]]

                Asset Proceeds and Space Management Fund

    For carrying out the purposes of the Federal Assets Sale and 
Transfer Act of 2016 (Public Law 114-287), $5,000,000, to be deposited 
into the Asset Proceeds and Space Management Fund, to remain available 
until expended.

                  environmental review improvement fund

    For necessary expenses of the Environmental Review Improvement Fund 
established pursuant to 42 U.S.C. 4370m-8(d), $1,000,000, to remain 
available until expended.

       administrative provisions--general services administration

                      (including transfer of funds)

    Sec. 520.  Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 521.  Funds in the Federal Buildings Fund made available for 
fiscal year 2018 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to meet 
program requirements:  Provided, That any proposed transfers shall be 
approved in advance by the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 522.  Except as otherwise provided in this title, funds made 
available by this Act shall be used to transmit a fiscal year 2019 
request for United States Courthouse construction only if the request: 
(1) meets the design guide standards for construction as established and 
approved by the General Services Administration, the Judicial Conference 
of the United States, and the Office of Management and Budget; (2) 
reflects the priorities of the Judicial Conference of the United States 
as set out in its approved Courthouse Project Priorities plan; and (3) 
includes a standardized courtroom utilization study of each facility to 
be constructed, replaced, or expanded.
    Sec. 523.  None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in consideration of the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 524.  From funds made available under the heading Federal 
Buildings Fund, Limitations on Availability of Revenue, claims against 
the Government of less than $250,000 arising from direct construction 
projects and acquisition of buildings may be liquidated from savings 
effected in other construction projects with prior notification to the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 525.  In any case in which the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate adopt a resolution granting 
lease authority pursuant to a prospectus transmitted to Congress by the 
Administrator of the General Services Administration under 40 U.S.C. 
3307, the Administrator shall ensure that the delineated area of 
procurement is identical to

[[Page 132 STAT. 573]]

the delineated area included in the prospectus for all lease agreements, 
except that, if the Administrator determines that the delineated area of 
the procurement should not be identical to the delineated area included 
in the prospectus, the Administrator shall provide an explanatory 
statement to each of such committees and the Committees on 
Appropriations of the House of Representatives and the Senate prior to 
exercising any lease authority provided in the resolution.
    Sec. 526.  With respect to each project funded under the heading 
``Major Repairs and Alterations'' or ``Judiciary Capital Security 
Program'', and with respect to E-Government projects funded under the 
heading ``Federal Citizen Services Fund'', the Administrator of General 
Services shall submit a spending plan and explanation for each project 
to be undertaken to the Committees on Appropriations of the House of 
Representatives and the Senate not later than 60 days after the date of 
enactment of this Act.
    Sec. 527.  Section 16 of the Federal Assets Sale and Transfer Act of 
2016 (Public Law 114-287) <<NOTE: 40 USC 1303 note.>>  is amended--
            (1) by inserting the following at the end of subparagraph 
        (a)(1): ``The Account shall be under the custody and control of 
        the Chairperson of the Board and deposits in the Account shall 
        remain available until expended.'';
            (2) by striking subparagraph (b)(1) and inserting in lieu 
        thereof the following:
            ``(1) Establishment.--There is established in the Treasury 
        of the United States an account to be known as the `Public 
        Buildings Reform Board--Asset Proceeds and Space Management 
        Fund' (in this subsection referred to as the `Fund'). The Fund 
        shall be under the custody and control of the Administrator of 
        General Services and deposits in the Fund shall remain available 
        until expended.''.

                  Harry S Truman Scholarship Foundation

                          salaries and expenses

    For payment to the Harry S Truman Scholarship Foundation Trust Fund, 
established by section 10 of Public Law 93-642, $1,000,000, to remain 
available until expended.

                     Merit Systems Protection Board

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978, and the Whistleblower Protection Act 
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, direct procurement of 
survey printing, and not to exceed $2,000 for official reception and 
representation expenses, $44,490,000, to remain available until 
September 30, 2019, and in addition not to exceed $2,345,000, to remain 
available until September 30, 2019, for administrative expenses to 
adjudicate

[[Page 132 STAT. 574]]

retirement appeals to be transferred from the Civil Service Retirement 
and Disability Fund in amounts determined by the Merit Systems 
Protection Board.

             Morris K. Udall and Stewart L. Udall Foundation

             morris k. udall and stewart l. udall trust fund

                      (including transfer of funds)

    For payment to the Morris K. Udall and Stewart L. Udall Trust Fund, 
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 
U.S.C. 5601 et seq.), $1,975,000, to remain available until expended, of 
which, notwithstanding sections 8 and 9 of such Act: (1) up to $50,000 
shall be used to conduct financial audits pursuant to the Accountability 
of Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to 
$1,000,000 shall be available to carry out the activities authorized by 
section 6(7) of Public Law 102-259 and section 817(a) of Public Law 106-
568 (20 U.S.C. 5604(7)):  Provided, That of the total amount made 
available under this heading $200,000 shall be transferred to the Office 
of Inspector General of the Department of the Interior, to remain 
available until expended, for audits and investigations of the Morris K. 
Udall and Stewart L. Udall Foundation, consistent with the Inspector 
General Act of 1978 (5 U.S.C. App.).

                  environmental dispute resolution fund

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $3,366,000, to remain available until expended.

              National Archives and Records Administration

                           operating expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration and archived Federal 
records and related activities, as provided by law, and for expenses 
necessary for the review and declassification of documents, the 
activities of the Public Interest Declassification Board, the operations 
and maintenance of the electronic records archives, the hire of 
passenger motor vehicles, and for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning, $384,911,000, of which $7,500,000 shall remain available until 
expended for the repair, alteration, and improvement of an additional 
leased facility to provide adequate storage for holdings of the House of 
Representatives and the Senate.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Reform Act of 2008, 
Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General 
Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor 
vehicles, $4,801,000.

[[Page 132 STAT. 575]]

                         repairs and restoration

    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $7,500,000, to remain 
available until expended.

         national historical publications and records commission

                             grants program

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, $6,000,000, to 
remain available until expended.

                  National Credit Union Administration

                community development revolving loan fund

    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be 
available until September 30, 2019, for technical assistance to low-
income designated credit unions.

                       Office of Government Ethics

                          salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, the 
Ethics Reform Act of 1989, and the Stop Trading on Congressional 
Knowledge Act of 2012, including services as authorized by 5 U.S.C. 
3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 
for official reception and representation expenses, $16,439,000.

                     Office of Personnel Management

                          salaries and expenses

                   (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 
1978 and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference rooms in the 
District of Columbia and elsewhere; hire of passenger motor vehicles; 
not to exceed $2,500 for official reception and representation expenses; 
advances for reimbursements to applicable funds of OPM and the Federal 
Bureau of Investigation for expenses incurred under Executive Order No. 
10422 of January 9, 1953, as amended; and payment of per diem and/or 
subsistence allowances to employees where Voting Rights Act activities 
require an employee to remain overnight at his or her post of duty, 
$129,341,000:  Provided, That of the total amount made available under 
this heading, not to exceed $21,000,000 shall

[[Page 132 STAT. 576]]

remain available until September 30, 2019, for information technology 
infrastructure modernization and Trust Fund Federal Financial System 
migration or modernization, and shall be in addition to funds otherwise 
made available for such purposes upon submitting to the Committees on 
Appropriations of the Senate and House of Representatives the plan of 
expenditure as required by the ``Consolidated Appropriations Act, 
2017'':  Provided further, That the amount made available by the 
previous proviso may not be obligated until the Director of the Office 
of Personnel Management submits to the Committees on Appropriations of 
the Senate and the House of Representatives within 90 days of enactment 
a plan for expenditure of such amount, prepared in consultation with the 
Director of the Office of Management and Budget, the Administrator of 
the United States Digital Service, and the Secretary of Homeland 
Security, that--
            (1) identifies the full scope and cost of the IT systems 
        remediation and stabilization project;
            (2) meets the capital planning and investment control review 
        requirements established by the Office of Management and Budget, 
        including Circular A-11, part 7;
            (3) includes a Major IT Business Case under the requirements 
        established by the Office of Management and Budget Exhibit 300;
            (4) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Government;
            (5) complies with all Office of Management and Budget, 
        Department of Homeland Security and National Institute of 
        Standards and Technology requirements related to securing the 
        agency's information system as described in 44 U.S.C. 3554; and
            (6) is reviewed and commented upon within 60 days of plan 
        development by the Inspector General of the Office of Personnel 
        Management, and such comments are submitted to the Director of 
        the Office of Personnel Management before the date of such 
        submission:

  Provided further, That of the total amount made available under this 
heading, $584,000 may be made available for strengthening the capacity 
and capabilities of the acquisition workforce (as defined by the Office 
of Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), 
including the recruitment, hiring, training, and retention of such 
workforce and information technology in support of acquisition workforce 
effectiveness or for management solutions to improve acquisition 
management; and in addition $131,414,000 for administrative expenses, to 
be transferred from the appropriate trust funds of OPM without regard to 
other statutes, including direct procurement of printed materials, for 
the retirement and insurance programs:  Provided further, That the 
provisions of this appropriation shall not affect the authority to use 
applicable trust funds as provided by sections 8348(a)(1)(B), 
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United 
States Code:  Provided further, That no part of this appropriation shall 
be available for salaries and expenses of the Legal Examining Unit of 
OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or 
any successor unit of like purpose:  Provided further, That the 
President's Commission on White House Fellows, established by Executive 
Order No. 11183 of October 3, 1964, may, during fiscal

[[Page 132 STAT. 577]]

year 2018, accept donations of money, property, and personal services:  
Provided further, That such donations, including those from prior years, 
may be used for the development of publicity materials to provide 
information about the White House Fellows, except that no such donations 
shall be accepted for travel or reimbursement of travel expenses, or for 
the salaries of employees of such Commission.

                       office of inspector general

                          salaries and expenses

                   (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $5,000,000, and in addition, not to exceed $25,000,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General:  Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.

                        Office of Special Counsel

                          salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower 
Protection Act of 1989 (Public Law 101-12) as amended by Public Law 107-
304, the Whistleblower Protection Enhancement Act of 2012 (Public Law 
112-199), and the Uniformed Services Employment and Reemployment Rights 
Act of 1994 (Public Law 103-353), including services as authorized by 5 
U.S.C. 3109, payment of fees and expenses for witnesses, rental of 
conference rooms in the District of Columbia and elsewhere, and hire of 
passenger motor vehicles; $26,535,000.

                      Postal Regulatory Commission

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Postal Regulatory Commission in 
carrying out the provisions of the Postal Accountability and Enhancement 
Act (Public Law 109-435), $15,200,000, to be derived by transfer from 
the Postal Service Fund and expended as authorized by section 603(a) of 
such Act.

[[Page 132 STAT. 578]]

               Privacy and Civil Liberties Oversight Board

                          salaries and expenses

    For necessary expenses of the Privacy and Civil Liberties Oversight 
Board, as authorized by section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $8,000,000, to 
remain available until September 30, 2019.

                      Public Buildings Reform Board

                          salaries and expenses

    For salaries and expenses of the Public Buildings Reform Board in 
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public 
Law 114-287), $5,000,000, to remain available until expended.

                   Securities and Exchange Commission

                          salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,500 for official reception and 
representation expenses, $1,652,000,000, to remain available until 
expended; of which funding for information technology initiatives shall 
be increased over the fiscal year 2017 level by not less than 
$45,000,000; of which not less than $14,748,358 shall be for the Office 
of Inspector General; of which not to exceed $75,000 shall be available 
for a permanent secretariat for the International Organization of 
Securities Commissions; and of which not to exceed $100,000 shall be 
available for expenses for consultations and meetings hosted by the 
Commission with foreign governmental and other regulatory officials, 
members of their delegations and staffs to exchange views concerning 
securities matters, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and foreign 
invitees in attendance including: (1) incidental expenses such as meals; 
(2) travel and transportation; and (3) related lodging or subsistence; 
and of which not less than $68,950,000 shall be for the Division of 
Economic and Risk Analysis.
    In addition to the foregoing appropriation, for costs associated 
with relocation under a replacement lease for the Commission's 
headquarters facilities, not to exceed $244,507,052, to remain available 
until expended:  Provided, That for purposes of calculating the fee rate 
under section 31(j) of the Securities Exchange Act of 1934 (15 U.S.C. 
78ee(j)) for fiscal year 2018, all amounts appropriated under this 
heading shall be deemed to be the regular appropriation to the 
Commission for fiscal year 2018:  Provided further, That fees and 
charges authorized by section 31 of the Securities Exchange Act of 1934 
(15 U.S.C. 78ee) shall be credited to this account as offsetting 
collections:  Provided further, That not to exceed $1,652,000,000 of 
such offsetting collections shall be available until expended for 
necessary expenses of this account and not to exceed $244,507,052 of 
such offsetting collections shall be available until expended for costs 
under this heading associated

[[Page 132 STAT. 579]]

with relocation under a replacement lease for the Commission's 
headquarters facilities:  Provided further, That the total amount 
appropriated under this heading from the general fund for fiscal year 
2018 shall be reduced as such offsetting fees are received so as to 
result in a final total fiscal year 2018 appropriation from the general 
fund estimated at not more than $0:  Provided further, That if any 
amount of the appropriation for costs associated with relocation under a 
replacement lease for the Commission's headquarters facilities is 
subsequently de-obligated by the Commission, such amount that was 
derived from the general fund shall be returned to the general fund, and 
such amounts that were derived from fees or assessments collected for 
such purpose shall be paid to each national securities exchange and 
national securities association, respectively, in proportion to any fees 
or assessments paid by such national securities exchange or national 
securities association under section 31 of the Securities Exchange Act 
of 1934 (15 U.S.C. 78ee) in fiscal year 2018.

                        Selective Service System

                          salaries and expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; hire of passenger motor 
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed 
$750 for official reception and representation expenses; $22,900,000:  
Provided, That during the current fiscal year, the President may exempt 
this appropriation from the provisions of 31 U.S.C. 1341, whenever the 
President deems such action to be necessary in the interest of national 
defense:  Provided further, That none of the funds appropriated by this 
Act may be expended for or in connection with the induction of any 
person into the Armed Forces of the United States.

                      Small Business Administration

                          salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration, including hire of passenger motor vehicles as 
authorized by sections 1343 and 1344 of title 31, United States Code, 
and not to exceed $3,500 for official reception and representation 
expenses, $268,500,000, of which not less than $12,000,000 shall be 
available for examinations, reviews, and other lender oversight 
activities:  Provided, That the Administrator is authorized to charge 
fees to cover the cost of publications developed by the Small Business 
Administration, and certain loan program activities, including fees 
authorized by section 5(b) of the Small Business Act:  Provided further, 
That, notwithstanding 31 U.S.C. 3302, revenues received from all such 
activities shall be credited to this account, to remain available until 
expended, for carrying out these purposes without further 
appropriations:  Provided further, That the Small Business 
Administration may accept gifts in an amount not to exceed $4,000,000 
and may co-sponsor activities, each in accordance with section 132(a) of 
division K of Public Law 108-447, during fiscal year 2018:  Provided 
further, That $6,100,000

[[Page 132 STAT. 580]]

shall be available for the Loan Modernization and Accounting System, to 
be available until September 30, 2019:  Provided further, That 
$3,000,000 shall be for the Federal and State Technology Partnership 
Program under section 34 of the Small Business Act (15 U.S.C. 657d).

                  entrepreneurial development programs

    For necessary expenses of programs supporting entrepreneurial and 
small business development, $247,100,000, to remain available until 
September 30, 2019:  Provided, That $130,000,000 shall be available to 
fund grants for performance in fiscal year 2018 or fiscal year 2019 as 
authorized by section 21 of the Small Business Act:  Provided further, 
That $31,000,000 shall be for marketing, management, and technical 
assistance under section 7(m) of the Small Business Act (15 U.S.C. 
636(m)(4)) by intermediaries that make microloans under the microloan 
program:  Provided further, That $18,000,000 shall be available for 
grants to States to carry out export programs that assist small business 
concerns authorized under section 22(l) of the Small Business Act (15 
U.S.C. 649(l)).

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$19,900,000.

                           office of advocacy

    For necessary expenses of the Office of Advocacy in carrying out the 
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and 
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), 
$9,120,000, to remain available until expended.

                     business loans program account

                      (including transfer of funds)

    For the cost of direct loans, $3,438,172, to remain available until 
expended:  Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974:  Provided further, That subject to section 502 of 
the Congressional Budget Act of 1974, during fiscal year 2018 
commitments to guarantee loans under section 503 of the Small Business 
Investment Act of 1958 shall not exceed $7,500,000,000:  Provided 
further, That during fiscal year 2018 commitments for general business 
loans authorized under section 7(a) of the Small Business Act shall not 
exceed $29,000,000,000 for a combination of amortizing term loans and 
the aggregated maximum line of credit provided by revolving loans:  
Provided further, That during fiscal year 2018 commitments for loans 
authorized under subparagraph (C) of section 502(7) of The Small 
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed 
$7,500,000,000:  Provided further, That during fiscal year 2018 
commitments to guarantee loans for debentures under section 303(b) of 
the Small Business Investment Act of 1958 shall not exceed 
$4,000,000,000:  Provided further, That during fiscal year 2018, 
guarantees of trust certificates authorized by section 5(g) of the

[[Page 132 STAT. 581]]

Small Business Act shall not exceed a principal amount of 
$12,000,000,000. In addition, for administrative expenses to carry out 
the direct and guaranteed loan programs, $152,782,000, which may be 
transferred to and merged with the appropriations for Salaries and 
Expenses.

        administrative provisions--small business administration

              (including rescission and transfer of funds)

    Sec. 530.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers:  Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 531.  Of the unobligated balances available for the Immediate 
Disaster Assistance Program authorized by section 42 of the Small 
Business Act (15 U.S. C. 657n) and the Expedited Disaster Assistance 
Loan Program authorized by section 12085 of Public Law 110-246, 
$2,600,000 are hereby permanently cancelled: Provided, That no amounts 
may be cancelled from amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 532.  Section 7(m)(4)(E) of the Small Business Act (15 U.S.C. 
636(m)(4)(E)) is amended by striking ``25 percent'' each place such term 
appears and inserting ``50 percent''.

                      United States Postal Service

                   payment to the postal service fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $58,118,000:  Provided, That mail 
for overseas voting and mail for the blind shall continue to be free:  
Provided further, That 6-day delivery and rural delivery of mail shall 
continue at not less than the 1983 level:  Provided further, That none 
of the funds made available to the Postal Service by this Act shall be 
used to implement any rule, regulation, or policy of charging any 
officer or employee of any State or local child support enforcement 
agency, or any individual participating in a State or local program of 
child support enforcement, a fee for information requested or provided 
concerning an address of a postal customer:  Provided further, That none 
of the funds provided in this Act shall be used to consolidate or close 
small rural and other small post offices.

[[Page 132 STAT. 582]]

                       office of inspector general

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$245,000,000, to be derived by transfer from the Postal Service Fund and 
expended as authorized by section 603(b)(3) of the Postal Accountability 
and Enhancement Act (Public Law 109-435).

                         United States Tax Court

                          salaries and expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $50,739,887, of which $500,000 
shall remain available until expended:  Provided, That travel expenses 
of the judges shall be paid upon the written certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 601.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 602.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 603.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to 5 U.S.C. 
3109, shall be limited to those contracts where such expenditures are a 
matter of public record and available for public inspection, except 
where otherwise provided under existing law, or under existing Executive 
order issued pursuant to existing law.
    Sec. 604.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 605.  None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, or 
policy that would prohibit the enforcement of section 307 of the Tariff 
Act of 1930 (19 U.S.C. 1307).
    Sec. 606.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with chapter 83 of title 41, United 
States Code.
    Sec. 607.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity

[[Page 132 STAT. 583]]

that has been convicted of violating chapter 83 of title 41, United 
States Code.
    Sec. 608.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2018, or provided from any 
accounts in the Treasury derived by the collection of fees and available 
to the agencies funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that: (1) creates a new 
program; (2) eliminates a program, project, or activity; (3) increases 
funds or personnel for any program, project, or activity for which funds 
have been denied or restricted by the Congress; (4) proposes to use 
funds directed for a specific activity by the Committee on 
Appropriations of either the House of Representatives or the Senate for 
a different purpose; (5) augments existing programs, projects, or 
activities in excess of $5,000,000 or 10 percent, whichever is less; (6) 
reduces existing programs, projects, or activities by $5,000,000 or 10 
percent, whichever is less; or (7) creates or reorganizes offices, 
programs, or activities unless prior approval is received from the 
Committees on Appropriations of the House of Representatives and the 
Senate:  Provided, That prior to any significant reorganization or 
restructuring of offices, programs, or activities, each agency or entity 
funded in this Act shall consult with the Committees on Appropriations 
of the House of Representatives and the Senate:  Provided further, That 
not later than 60 days after the date of enactment of this Act, each 
agency funded by this Act shall submit a report to the Committees on 
Appropriations of the House of Representatives and the Senate to 
establish the baseline for application of reprogramming and transfer 
authorities for the current fiscal year:  Provided further, That at a 
minimum the report shall include: (1) a table for each appropriation 
with a separate column to display the President's budget request, 
adjustments made by Congress, adjustments due to enacted rescissions, if 
appropriate, and the fiscal year enacted level; (2) a delineation in the 
table for each appropriation both by object class and program, project, 
and activity as detailed in the budget appendix for the respective 
appropriation; and (3) an identification of items of special 
congressional interest:  Provided further, That the amount appropriated 
or limited for salaries and expenses for an agency shall be reduced by 
$100,000 per day for each day after the required date that the report 
has not been submitted to the Congress.
    Sec. 609.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2018 from appropriations made available for salaries and 
expenses for fiscal year 2018 in this Act, shall remain available 
through September 30, 2019, for each such account for the purposes 
authorized:  Provided, That a request shall be submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate for approval prior to the expenditure of such funds:  Provided 
further, That these requests shall be made in compliance with 
reprogramming guidelines.
    Sec. 610. (a) None of the funds made available in this Act may be 
used by the Executive Office of the President to request--
            (1) any official background investigation report on any 
        individual from the Federal Bureau of Investigation; or

[[Page 132 STAT. 584]]

            (2) a determination with respect to the treatment of an 
        organization as described in section 501(c) of the Internal 
        Revenue Code of 1986 and exempt from taxation under section 
        501(a) of such Code from the Department of the Treasury or the 
        Internal Revenue Service.

    (b) Subsection (a) shall not apply--
            (1) in the case of an official background investigation 
        report, if such individual has given express written consent for 
        such request not more than 6 months prior to the date of such 
        request and during the same presidential administration; or
            (2) if such request is required due to extraordinary 
        circumstances involving national security.

    Sec. 611.  The cost accounting standards promulgated under chapter 
15 of title 41, United States Code shall not apply with respect to a 
contract under the Federal Employees Health Benefits Program established 
under chapter 89 of title 5, United States Code.
    Sec. 612.  For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 613.  No funds appropriated by this Act shall be available to 
pay for an abortion, or the administrative expenses in connection with 
any health plan under the Federal employees health benefits program 
which provides any benefits or coverage for abortions.
    Sec. 614.  The provision of section 613 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 615.  In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in chapter 83 of title 41, 
United States Code (popularly known as the Buy American Act), shall not 
apply to the acquisition by the Federal Government of information 
technology (as defined in section 11101 of title 40, United States 
Code), that is a commercial item (as defined in section 103 of title 41, 
United States Code).
    Sec. 616.  Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-Federal 
entity for travel, subsistence, or related expenses for the purpose of 
enabling an officer or employee to attend and participate in any meeting 
or similar function relating to the official duties of the officer or 
employee when the entity offering payment or reimbursement is a person 
or entity subject to regulation by such agency or commission, or 
represents a person or entity subject to regulation by such agency or 
commission, unless the person or entity is an organization described in 
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
tax under section 501(a) of such Code.
    Sec. 617.  Notwithstanding section 708 of this Act, funds made 
available to the Commodity Futures Trading Commission and the Securities 
and Exchange Commission by this or any other Act

[[Page 132 STAT. 585]]

may be used for the interagency funding and sponsorship of a joint 
advisory committee to advise on emerging regulatory issues.
    Sec. 618. (a)(1) Notwithstanding any other provision of law, an 
Executive agency covered by this Act otherwise authorized to enter into 
contracts for either leases or the construction or alteration of real 
property for office, meeting, storage, or other space must consult with 
the General Services Administration before issuing a solicitation for 
offers of new leases or construction contracts, and in the case of 
succeeding leases, before entering into negotiations with the current 
lessor.
    (2) Any such agency with authority to enter into an emergency lease 
may do so during any period declared by the President to require 
emergency leasing authority with respect to such agency.
    (b) For purposes of this section, the term ``Executive agency 
covered by this Act'' means any Executive agency provided funds by this 
Act, but does not include the General Services Administration or the 
United States Postal Service.
    Sec. 619. (a) There are appropriated for the following activities 
the amounts required under current law:
            (1) Compensation of the President (3 U.S.C. 102).
            (2) Payments to--
                    (A) the Judicial Officers' Retirement Fund (28 
                U.S.C. 377(o));
                    (B) the Judicial Survivors' Annuities Fund (28 
                U.S.C. 376(c)); and
                    (C) the United States Court of Federal Claims 
                Judges' Retirement Fund (28 U.S.C. 178(l)).
            (3) Payment of Government contributions--
                    (A) with respect to the health benefits of retired 
                employees, as authorized by chapter 89 of title 5, 
                United States Code, and the Retired Federal Employees 
                Health Benefits Act (74 Stat. 849); and
                    (B) with respect to the life insurance benefits for 
                employees retiring after December 31, 1989 (5 U.S.C. ch. 
                87).
            (4) Payment to finance the unfunded liability of new and 
        increased annuity benefits under the Civil Service Retirement 
        and Disability Fund (5 U.S.C. 8348).
            (5) Payment of annuities authorized to be paid from the 
        Civil Service Retirement and Disability Fund by statutory 
        provisions other than subchapter III of chapter 83 or chapter 84 
        of title 5, United States Code.

    (b) Nothing in this section may be construed to exempt any amount 
appropriated by this section from any otherwise applicable limitation on 
the use of funds contained in this Act.
    Sec. 620.  In addition to amounts made available in prior fiscal 
years, the Public Company Accounting Oversight Board (Board) shall have 
authority to obligate funds for the scholarship program established by 
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-204) 
in an amount not to exceed $1,000,000 of funds collected by the Board 
between January 1, 2017 and December 31, 2017, including accrued 
interest, as a result of the assessment of monetary penalties. Funds 
available for obligation in fiscal year 2018 shall remain available 
until expended.
    Sec. 621.  None of the funds made available in this Act may be used 
by the Federal Trade Commission to complete the draft report entitled 
``Interagency Working Group on Food Marketed to

[[Page 132 STAT. 586]]

Children: Preliminary Proposed Nutrition Principles to Guide Industry 
Self-Regulatory Efforts'' unless the Interagency Working Group on Food 
Marketed to Children complies with Executive Order No. 13563.
    Sec. 622.  None of the funds made available by this Act may be used 
to pay the salaries and expenses for the following positions:
            (1) Director, White House Office of Health Reform.
            (2) Assistant to the President for Energy and Climate 
        Change.
            (3) Senior Advisor to the Secretary of the Treasury assigned 
        to the Presidential Task Force on the Auto Industry and Senior 
        Counselor for Manufacturing Policy.
            (4) White House Director of Urban Affairs.

    Sec. 623.  None of the funds in this Act may be used for the 
Director of the Office of Personnel Management to award a contract, 
enter an extension of, or exercise an option on a contract to a 
contractor conducting the final quality review processes for background 
investigation fieldwork services or background investigation support 
services that, as of the date of the award of the contract, are being 
conducted by that contractor.
    Sec. 624. (a) The head of each executive branch agency funded by 
this Act shall ensure that the Chief Information Officer of the agency 
has the authority to participate in decisions regarding the budget 
planning process related to information technology.
    (b) Amounts appropriated for any executive branch agency funded by 
this Act that are available for information technology shall be 
allocated within the agency, consistent with the provisions of 
appropriations Acts and budget guidelines and recommendations from the 
Director of the Office of Management and Budget, in such manner as 
specified by, or approved by, the Chief Information Officer of the 
agency in consultation with the Chief Financial Officer of the agency 
and budget officials.
    Sec. 625.  None of the funds made available in this Act may be used 
in contravention of chapter 29, 31, or 33 of title 44, United States 
Code.
    Sec. 626.  None of the funds made available in this Act may be used 
by a governmental entity to require the disclosure by a provider of 
electronic communication service to the public or remote computing 
service of the contents of a wire or electronic communication that is in 
electronic storage with the provider (as such terms are defined in 
sections 2510 and 2711 of title 18, United States Code) in a manner that 
violates the Fourth Amendment to the Constitution of the United States.
    Sec. 627.  None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change the 
rules or regulations of the Commission for universal service high-cost 
support for competitive eligible telecommunications carriers in a way 
that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 
of title 47, Code of Federal Regulations, as in effect on July 15, 2015: 
 Provided, That this section shall not prohibit the Commission from 
considering, developing, or adopting other support mechanisms as an 
alternative to Mobility Fund Phase II.
    Sec. 628.  No funds provided in this Act shall be used to deny an 
Inspector General funded under this Act timely access to any records, 
documents, or other materials available to the

[[Page 132 STAT. 587]]

department or agency over which that Inspector General has 
responsibilities under the Inspector General Act of 1978, or to prevent 
or impede that Inspector General's access to such records, documents, or 
other materials, under any provision of law, except a provision of law 
that expressly refers to the Inspector General and expressly limits the 
Inspector General's right of access. A department or agency covered by 
this section shall provide its Inspector General with access to all such 
records, documents, and other materials in a timely manner. Each 
Inspector General shall ensure compliance with statutory limitations on 
disclosure relevant to the information provided by the establishment 
over which that Inspector General has responsibilities under the 
Inspector General Act of 1978. Each Inspector General covered by this 
section shall report to the Committees on Appropriations of the House of 
Representatives and the Senate within 5 calendar days any failures to 
comply with this requirement.
    Sec. 629. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, 
adjudication activities, or other law enforcement- or victim assistance-
related activity.
    Sec. 630.  Section 633(a) of title VI of division E of the 
Consolidated Appropriations Act, 2017 (Public Law 115-31) <<NOTE: 131 
Stat. 376.>>  is amended--
            (1) by inserting ``and'' at the end of paragraph (1);
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).

    Sec. 631.  None of the funds made available by this Act shall be 
used by the Securities and Exchange Commission to finalize, issue, or 
implement any rule, regulation, or order regarding the disclosure of 
political contributions, contributions to tax exempt organizations, or 
dues paid to trade associations.
    Sec. 632. (a) The United States courthouse located at 501 East Court 
Street in Jackson, Mississippi, shall be known and designated as the 
``Thad Cochran United States Courthouse''.
    (b) Any reference in a law, map, regulation, document, paper, or 
other record of the United States to the United States courthouse 
referred to in subsection (a) shall be deemed to be a reference to the 
``Thad Cochran United States Courthouse''.

                                TITLE VII

                   GENERAL PROVISIONS--GOVERNMENT-WIDE

                 Departments, Agencies, and Corporations

                      (including transfer of funds)

    Sec. 701.  No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2018 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as

[[Page 132 STAT. 588]]

defined in the Controlled Substances Act (21 U.S.C. 802)) by the 
officers and employees of such department, agency, or instrumentality.
    Sec. 702.  Unless <<NOTE: 31 USC 1343 note.>>  otherwise 
specifically provided, the maximum amount allowable during the current 
fiscal year in accordance with subsection 1343(c) of title 31, United 
States Code, for the purchase of any passenger motor vehicle (exclusive 
of buses, ambulances, law enforcement vehicles, protective vehicles, and 
undercover surveillance vehicles), is hereby fixed at $19,947 except 
station wagons for which the maximum shall be $19,997:  Provided, That 
these limits may be exceeded by not to exceed $7,250 for police-type 
vehicles:  Provided further, That the limits set forth in this section 
may not be exceeded by more than 5 percent for electric or hybrid 
vehicles purchased for demonstration under the provisions of the 
Electric and Hybrid Vehicle Research, Development, and Demonstration Act 
of 1976:  Provided further, That the limits set forth in this section 
may be exceeded by the incremental cost of clean alternative fuels 
vehicles acquired pursuant to Public Law 101-549 over the cost of 
comparable conventionally fueled vehicles:  Provided further, That the 
limits set forth in this section shall not apply to any vehicle that is 
a commercial item and which operates on alternative fuel, including but 
not limited to electric, plug-in hybrid electric, and hydrogen fuel cell 
vehicles.

    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704.  Unless <<NOTE: 5 USC 3101 note.>>  otherwise specified in 
law during the current fiscal year, no part of any appropriation 
contained in this or any other Act shall be used to pay the compensation 
of any officer or employee of the Government of the United States 
(including any agency the majority of the stock of which is owned by the 
Government of the United States) whose post of duty is in the 
continental United States unless such person: (1) is a citizen of the 
United States; (2) is a person who is lawfully admitted for permanent 
residence and is seeking citizenship as outlined in 8 U.S.C. 
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8 
U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a 
declaration of intention to become a lawful permanent resident and then 
a citizen when eligible; or (4) is a person who owes allegiance to the 
United States:  Provided, That for purposes of this section, affidavits 
signed by any such person shall be considered prima facie evidence that 
the requirements of this section with respect to his or her status are 
being complied with:  Provided further, That for purposes of subsections 
(2) and (3) such affidavits shall be submitted prior to employment and 
updated thereafter as necessary:  Provided further, That any person 
making a false affidavit shall be guilty of a felony, and upon 
conviction, shall be fined no more than $4,000 or imprisoned for not 
more than 1 year, or both:  Provided further, That the above penal 
clause shall be in addition to, and not in substitution for, any other 
provisions of existing law:  Provided further, That any payment made to 
any officer or employee contrary to the provisions of this section shall 
be recoverable in action by the Federal Government:  Provided further, 
That this section shall not apply to any person who is an officer or 
employee of the Government of the United

[[Page 132 STAT. 589]]

States on the date of enactment of this Act, or to international 
broadcasters employed by the Broadcasting Board of Governors, or to 
temporary employment of translators, or to temporary employment in the 
field service (not to exceed 60 days) as a result of emergencies:  
Provided further, That <<NOTE: 5 USC 3101 note.>>  this section does not 
apply to the employment as Wildland firefighters for not more than 120 
days of nonresident aliens employed by the Department of the Interior or 
the USDA Forest Service pursuant to an agreement with another country.

    Sec. 705.  Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the 
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable 
law.
    Sec. 706.  In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13693 
        (March 19, 2015), including any such programs adopted prior to 
        the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.

    Sec. 707.  Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the expenditure 
of such funds unless otherwise specified in the Act by which they are 
made available:  Provided, That in the event any functions budgeted as 
administrative expenses are subsequently transferred to or paid from 
other funds, the limitations on administrative expenses shall be 
correspondingly reduced.
    Sec. 708.  No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards (except 
Federal Executive Boards), commissions, councils, committees, or similar 
groups (whether or not they are interagency entities) which do not have 
a prior and specific statutory approval to receive financial support 
from more than one agency or instrumentality.
    Sec. 709.  None of the funds made available pursuant to the 
provisions of this or any other Act shall be used to implement, 
administer, or enforce any regulation which has been disapproved 
pursuant to a joint resolution duly adopted in accordance with the 
applicable law of the United States.

[[Page 132 STAT. 590]]

    Sec. 710.  During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Federal 
Government appointed by the President of the United States, holds 
office, no funds may be obligated or expended in excess of $5,000 to 
furnish or redecorate the office of such department head, agency head, 
officer, or employee, or to purchase furniture or make improvements for 
any such office, unless advance notice of such furnishing or 
redecoration is transmitted to the Committees on Appropriations of the 
House of Representatives and the Senate. For the purposes of this 
section, the term ``office'' shall include the entire suite of offices 
assigned to the individual, as well as any other space used primarily by 
the individual or the use of which is directly controlled by the 
individual.
    Sec. 711.  Notwithstanding 31 U.S.C. 1346, or section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding of national 
security and emergency preparedness telecommunications initiatives which 
benefit multiple Federal departments, agencies, or entities, as provided 
by Executive Order No. 13618 (July 6, 2012).
    Sec. 712. (a) None of the funds made available by this or any other 
Act may be obligated or expended by any department, agency, or other 
instrumentality of the Federal Government to pay the salaries or 
expenses of any individual appointed to a position of a confidential or 
policy-determining character that is excepted from the competitive 
service under section 3302 of title 5, United States Code, (pursuant to 
schedule C of subpart C of part 213 of title 5 of the Code of Federal 
Regulations) unless the head of the applicable department, agency, or 
other instrumentality employing such schedule C individual certifies to 
the Director of the Office of Personnel Management that the schedule C 
position occupied by the individual was not created solely or primarily 
in order to detail the individual to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed forces detailed to or from an element 
of the intelligence community (as that term is defined under section 
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
    Sec. 713.  No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance or 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of

[[Page 132 STAT. 591]]

        employment of, any other officer or employee of the Federal 
        Government, or attempts or threatens to commit any of the 
        foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).

    Sec. 714. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 715.  No part of any funds appropriated in this or any other 
Act shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for publicity 
or propaganda purposes, and for the preparation, distribution or use of 
any kit, pamphlet, booklet, publication, radio, television, or film 
presentation designed to support or defeat legislation pending before 
the Congress, except in presentation to the Congress itself.
    Sec. 716.  None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address to 
any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 717.  None of the funds made available in this or any other Act 
may be used to provide any non-public information such as mailing, 
telephone or electronic mailing lists to any person or any organization 
outside of the Federal Government without the approval of the Committees 
on Appropriations of the House of Representatives and the Senate.
    Sec. 718.  No part of any appropriation contained in this or any 
other Act shall be used directly or indirectly, including by private 
contractor, for publicity or propaganda purposes within the United 
States not heretofore authorized by Congress.
    Sec. 719. (a) In this section, the term ``agency''--
            (1) means an Executive agency, as defined under 5 U.S.C. 
        105; and
            (2) includes a military department, as defined under section 
        102 of such title, the United States Postal Service, and the 
        Postal Regulatory Commission.

    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency

[[Page 132 STAT. 592]]

shall use official time in an honest effort to perform official duties. 
An employee not under a leave system, including a Presidential appointee 
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest 
effort and a reasonable proportion of such employee's time in the 
performance of official duties.
    Sec. 720.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.
    Sec. 721.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse ``General Services 
Administration, Government-wide Policy'' with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts:  Provided, That these funds shall 
be administered by the Administrator of General Services to support 
Government-wide and other multi-agency financial, information 
technology, procurement, and other management innovations, initiatives, 
and activities, including improving coordination and reducing 
duplication, as approved by the Director of the Office of Management and 
Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's 
Management Council for overall management improvement initiatives, the 
Chief Financial Officers Council for financial management initiatives, 
the Chief Information Officers Council for information technology 
initiatives, the Chief Human Capital Officers Council for human capital 
initiatives, the Chief Acquisition Officers Council for procurement 
initiatives, and the Performance Improvement Council for performance 
improvement initiatives):  Provided further, That the total funds 
transferred or reimbursed shall not exceed $15,000,000 to improve 
coordination, reduce duplication, and for other activities related to 
Federal Government Priority Goals established by 31 U.S.C. 1120, and not 
to exceed $17,000,000 for Government-Wide innovations, initiatives, and 
activities:  Provided further, That the funds transferred to or for 
reimbursement of ``General Services Administration, Government-wide 
Policy'' during fiscal year 2018 shall remain available for obligation 
through September 30, 2019:  Provided further, That such transfers or 
reimbursements may only be made after 15 days following notification of 
the Committees on Appropriations of the House of Representatives and the 
Senate by the Director of the Office of Management and Budget.
    Sec. 722.  Notwithstanding any other provision of law, a woman may 
breastfeed her child at any location in a Federal building or on Federal 
property, if the woman and her child are otherwise authorized to be 
present at the location.
    Sec. 723.  Notwithstanding 31 U.S.C. 1346, or section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding of specific 
projects, workshops, studies, and similar efforts to carry out the 
purposes of the National Science and Technology Council (authorized by 
Executive Order No. 12881), which benefit multiple Federal departments, 
agencies, or entities:  Provided, That the Office of Management and 
Budget shall provide a report describing the

[[Page 132 STAT. 593]]

budget of and resources connected with the National Science and 
Technology Council to the Committees on Appropriations, the House 
Committee on Science and Technology, and the Senate Committee on 
Commerce, Science, and Transportation 90 days after enactment of this 
Act.
    Sec. 724.  Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall comply with any 
relevant requirements in part 200 of title 2, Code of Federal 
Regulations:  Provided, That this section shall apply to direct 
payments, formula funds, and grants received by a State receiving 
Federal funds.
    Sec. 725. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data, 
        derived from any means, that includes any personally 
        identifiable information relating to an individual's access to 
        or use of any Federal Government Internet site of the agency; or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, review, or 
        obtain any aggregation of data, derived from any means, that 
        includes any personally identifiable information relating to an 
        individual's access to or use of any nongovernmental Internet 
        site.

    (b) Exceptions.--The limitations established in subsection (a) shall 
not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet site 
        and is necessarily incident to providing the Internet site 
        services or to protecting the rights or property of the provider 
        of the Internet site.

    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety and 
        soundness, overall financial condition, management practices and 
        policies and compliance with applicable standards as provided in 
        law.

    Sec. 726. (a) None of the funds appropriated by this Act may be used 
to enter into or renew a contract which includes a provision providing 
prescription drug coverage, except where the contract also includes a 
provision for contraceptive coverage.
    (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF HealthPlans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan 
        objects to such coverage on the basis of religious beliefs.

[[Page 132 STAT. 594]]

    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) Nothing in this section shall be construed to require coverage 
of abortion or abortion-related services.
    Sec. 727.  The United States is committed to ensuring the health of 
its Olympic, Pan American, and Paralympic athletes, and supports the 
strict adherence to anti-doping in sport through testing, adjudication, 
education, and research as performed by nationally recognized oversight 
authorities.
    Sec. 728.  Notwithstanding any other provision of law, funds 
appropriated for official travel to Federal departments and agencies may 
be used by such departments and agencies, if consistent with Office of 
Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 729.  Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel Management 
to add sections 300.311 through 300.316 to part 300 of title 5 of the 
Code of Federal Regulations, published in the Federal Register, volume 
68, number 174, on September 9, 2003 (relating to the detail of 
executive branch employees to the legislative branch).
    Sec. 730.  Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the Committees on Appropriations of the 
House of Representatives and the Senate, except that the Federal Law 
Enforcement Training Center is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement for 
training which cannot be accommodated in existing Center facilities.
    Sec. 731.  Unless otherwise authorized by existing law, none of the 
funds provided in this or any other Act may be used by an executive 
branch agency to produce any prepackaged news story intended for 
broadcast or distribution in the United States, unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.
    Sec. 732.  None of the funds made available in this Act may be used 
in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act), and regulations implementing that 
section.
    Sec. 733. (a) In General.--None of the funds appropriated or 
otherwise made available by this or any other Act may be used for any 
Federal Government contract with any foreign incorporated entity which 
is treated as an inverted domestic corporation under section 835(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of 
such an entity.
    (b) Waivers.--

[[Page 132 STAT. 595]]

            (1) In general.--Any Secretary shall waive subsection (a) 
        with respect to any Federal Government contract under the 
        authority of such Secretary if the Secretary determines that the 
        waiver is required in the interest of national security.
            (2) Report to congress.--Any Secretary issuing a waiver 
        under paragraph (1) shall report such issuance to Congress.

    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.
    Sec. 734.  During fiscal year 2018, for each employee who--
            (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of 
        title 5, United States Code; or
            (2) retires under any other provision of subchapter III of 
        chapter 83 or chapter 84 of such title 5 and receives a payment 
        as an incentive to separate, the separating agency shall remit 
        to the Civil Service Retirement and Disability Fund an amount 
        equal to the Office of Personnel Management's average unit cost 
        of processing a retirement claim for the preceding fiscal year. 
        Such amounts shall be available until expended to the Office of 
        Personnel Management and shall be deemed to be an administrative 
        expense under section 8348(a)(1)(B) of title 5, United States 
        Code.

    Sec. 735. (a) None of the funds made available in this or any other 
Act may be used to recommend or require any entity submitting an offer 
for a Federal contract to disclose any of the following information as a 
condition of submitting the offer:
            (1) Any payment consisting of a contribution, expenditure, 
        independent expenditure, or disbursement for an electioneering 
        communication that is made by the entity, its officers or 
        directors, or any of its affiliates or subsidiaries to a 
        candidate for election for Federal office or to a political 
        committee, or that is otherwise made with respect to any 
        election for Federal office.
            (2) Any disbursement of funds (other than a payment 
        described in paragraph (1)) made by the entity, its officers or 
        directors, or any of its affiliates or subsidiaries to any 
        person with the intent or the reasonable expectation that the 
        person will use the funds to make a payment described in 
        paragraph (1).

    (b) In this section, each of the terms ``contribution'', 
``expenditure'', ``independent expenditure'', ``electioneering 
communication'', ``candidate'', ``election'', and ``Federal office'' has 
the meaning given such term in the Federal Election Campaign Act of 1971 
(52 U.S.C. 30101 et seq.).
    Sec. 736.  None of the funds made available in this or any other Act 
may be used to pay for the painting of a portrait of an officer or 
employee of the Federal government, including the President, the Vice 
President, a member of Congress (including a Delegate or a Resident 
Commissioner to Congress), the head of an executive branch agency (as 
defined in section 133 of title 41, United States Code), or the head of 
an office of the legislative branch.
    Sec. 737. (a)(1) <<NOTE: 5 USC 5343 note.>>  Notwithstanding any 
other provision of law, and except as otherwise provided in this 
section, no part of any of the funds appropriated for fiscal year 2018, 
by this or any other Act, may be used to pay any prevailing rate 
employee described in section 5342(a)(2)(A) of title 5, United States 
Code--

[[Page 132 STAT. 596]]

            (A) during the period from the date of expiration of the 
        limitation imposed by the comparable section for the previous 
        fiscal years until the normal effective date of the applicable 
        wage survey adjustment that is to take effect in fiscal year 
        2018, in an amount that exceeds the rate payable for the 
        applicable grade and step of the applicable wage schedule in 
        accordance with such section; and
            (B) during the period consisting of the remainder of fiscal 
        year 2018, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under subparagraph (A) by 
        more than the sum of--
                    (i) the percentage adjustment taking effect in 
                fiscal year 2018 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (ii) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2018 under section 5304 of 
                such title (whether by adjustment or otherwise), and the 
                overall average percentage of such payments which was 
                effective in the previous fiscal year under such 
                section.

    (2) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which paragraph (1) is in 
effect at a rate that exceeds the rates that would be payable under 
paragraph (1) were paragraph (1) applicable to such employee.
    (3) For the purposes of this subsection, the rates payable to an 
employee who is covered by this subsection and who is paid from a 
schedule not in existence on September 30, 2017, shall be determined 
under regulations prescribed by the Office of Personnel Management.
    (4) Notwithstanding any other provision of law, rates of premium pay 
for employees subject to this subsection may not be changed from the 
rates in effect on September 30, 2017, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this subsection.
    (5) This subsection shall apply with respect to pay for service 
performed after September 30, 2017.
    (6) For the purpose of administering any provision of law (including 
any rule or regulation that provides premium pay, retirement, life 
insurance, or any other employee benefit) that requires any deduction or 
contribution, or that imposes any requirement or limitation on the basis 
of a rate of salary or basic pay, the rate of salary or basic pay 
payable after the application of this subsection shall be treated as the 
rate of salary or basic pay.
    (7) Nothing in this subsection shall be considered to permit or 
require the payment to any employee covered by this subsection at a rate 
in excess of the rate that would be payable were this subsection not in 
effect.
    (8) The Office of Personnel Management may provide for exceptions to 
the limitations imposed by this subsection if the Office determines that 
such exceptions are necessary to ensure the recruitment or retention of 
qualified employees.
    (b) Notwithstanding subsection (a), the adjustment in rates of basic 
pay for the statutory pay systems that take place in

[[Page 132 STAT. 597]]

fiscal year 2018 under sections 5344 and 5348 of title 5, United States 
Code, shall be--
            (1) not less than the percentage received by employees in 
        the same location whose rates of basic pay are adjusted pursuant 
        to the statutory pay systems under sections 5303 and 5304 of 
        title 5, United States Code:  Provided, That prevailing rate 
        employees at locations where there are no employees whose pay is 
        increased pursuant to sections 5303 and 5304 of title 5, United 
        States Code, and prevailing rate employees described in section 
        5343(a)(5) of title 5, United States Code, shall be considered 
        to be located in the pay locality designated as ``Rest of United 
        States'' pursuant to section 5304 of title 5, United States 
        Code, for purposes of this subsection; and
            (2) effective as of the first day of the first applicable 
        pay period beginning after September 30, 2017.

    Sec. 738. (a) <<NOTE: 5 USC 5303 note.>>  The Vice President may not 
receive a pay raise in calendar year 2018, notwithstanding the rate 
adjustment made under section 104 of title 3, United States Code, or any 
other provision of law.

    (b) An employee serving in an Executive Schedule position, or in a 
position for which the rate of pay is fixed by statute at an Executive 
Schedule rate, may not receive a pay rate increase in calendar year 
2018, notwithstanding schedule adjustments made under section 5318 of 
title 5, United States Code, or any other provision of law, except as 
provided in subsection (g), (h), or (i). This subsection applies only to 
employees who are holding a position under a political appointment.
    (c) A chief of mission or ambassador at large may not receive a pay 
rate increase in calendar year 2018, notwithstanding section 401 of the 
Foreign Service Act of 1980 (Public Law 96-465) or any other provision 
of law, except as provided in subsection (g), (h), or (i).
    (d) Notwithstanding sections 5382 and 5383 of title 5, United States 
Code, a pay rate increase may not be received in calendar year 2018 
(except as provided in subsection (g), (h), or (i)) by--
            (1) a noncareer appointee in the Senior Executive Service 
        paid a rate of basic pay at or above level IV of the Executive 
        Schedule; or
            (2) a limited term appointee or limited emergency appointee 
        in the Senior Executive Service serving under a political 
        appointment and paid a rate of basic pay at or above level IV of 
        the Executive Schedule.

    (e) Any employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States Code, or 
similar authority) at or above level IV of the Executive Schedule who 
serves under a political appointment may not receive a pay rate increase 
in calendar year 2018, notwithstanding any other provision of law, 
except as provided in subsection (g), (h), or (i). This subsection does 
not apply to employees in the General Schedule pay system or the Foreign 
Service pay system, or to employees appointed under section 3161 of 
title 5, United States Code, or to employees in another pay system whose 
position would be classified at GS-15 or below if chapter 51 of title 5, 
United States Code, applied to them.

[[Page 132 STAT. 598]]

    (f) Nothing in subsections (b) through (e) shall prevent employees 
who do not serve under a political appointment from receiving pay 
increases as otherwise provided under applicable law.
    (g) A career appointee in the Senior Executive Service who receives 
a Presidential appointment and who makes an election to retain Senior 
Executive Service basic pay entitlements under section 3392 of title 5, 
United States Code, is not subject to this section.
    (h) A member of the Senior Foreign Service who receives a 
Presidential appointment to any position in the executive branch and who 
makes an election to retain Senior Foreign Service pay entitlements 
under section 302(b) of the Foreign Service Act of 1980 (Public Law 96-
465) is not subject to this section.
    (i) Notwithstanding subsections (b) through (e), an employee in a 
covered position may receive a pay rate increase upon an authorized 
movement to a different covered position with higher-level duties and a 
pre-established higher level or range of pay, except that any such 
increase must be based on the rates of pay and applicable pay 
limitations in effect on December 31, 2013.
    (j) Notwithstanding any other provision of law, for an individual 
who is newly appointed to a covered position during the period of time 
subject to this section, the initial pay rate shall be based on the 
rates of pay and applicable pay limitations in effect on December 31, 
2013.
    (k) If an employee affected by subsections (b) through (e) is 
subject to a biweekly pay period that begins in calendar year 2018 but 
ends in calendar year 2019, the bar on the employee's receipt of pay 
rate increases shall apply through the end of that pay period.
    Sec. 739. (a) The head of any Executive branch department, agency, 
board, commission, or office funded by this or any other appropriations 
Act shall submit annual reports to the Inspector General or senior 
ethics official for any entity without an Inspector General, regarding 
the costs and contracting procedures related to each conference held by 
any such department, agency, board, commission, or office during fiscal 
year 2018 for which the cost to the United States Government was more 
than $100,000.
    (b) Each report submitted shall include, for each conference 
described in subsection (a) held during the applicable period--
            (1) a description of its purpose;
            (2) the number of participants attending;
            (3) a detailed statement of the costs to the United States 
        Government, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services;
                    (C) the cost of employee or contractor travel to and 
                from the conference; and
                    (D) a discussion of the methodology used to 
                determine which costs relate to the conference; and
            (4) a description of the contracting procedures used 
        including--
                    (A) whether contracts were awarded on a competitive 
                basis; and
                    (B) a discussion of any cost comparison conducted by 
                the departmental component or office in evaluating 
                potential contractors for the conference.

[[Page 132 STAT. 599]]

    (c) Within 15 days after the end of a quarter, the head of any such 
department, agency, board, commission, or office shall notify the 
Inspector General or senior ethics official for any entity without an 
Inspector General, of the date, location, and number of employees 
attending a conference held by any Executive branch department, agency, 
board, commission, or office funded by this or any other appropriations 
Act during fiscal year 2018 for which the cost to the United States 
Government was more than $20,000.
    (d) A grant or contract funded by amounts appropriated by this or 
any other appropriations Act may not be used for the purpose of 
defraying the costs of a conference described in subsection (c) that is 
not directly and programmatically related to the purpose for which the 
grant or contract was awarded, such as a conference held in connection 
with planning, training, assessment, review, or other routine purposes 
related to a project funded by the grant or contract.
    (e) None of the funds made available in this or any other 
appropriations Act may be used for travel and conference activities that 
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
    Sec. 740.  None of the funds made available in this or any other 
appropriations Act may be used to increase, eliminate, or reduce funding 
for a program, project, or activity as proposed in the President's 
budget request for a fiscal year until such proposed change is 
subsequently enacted in an appropriation Act, or unless such change is 
made pursuant to the reprogramming or transfer provisions of this or any 
other appropriations Act.
    Sec. 741.  None of the funds made available by this or any other Act 
may be used to implement, administer, enforce, or apply the rule 
entitled ``Competitive Area'' published by the Office of Personnel 
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 
et seq.).
    Sec. 742.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or announce a 
study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal employees 
pursuant to Office of Management and Budget Circular A-76 or any other 
administrative regulation, directive, or policy.
    Sec. 743. (a) None of the funds appropriated or otherwise made 
available by this or any other Act may be available for a contract, 
grant, or cooperative agreement with an entity that requires employees 
or contractors of such entity seeking to report fraud, waste, or abuse 
to sign internal confidentiality agreements or statements prohibiting or 
otherwise restricting such employees or contractors from lawfully 
reporting such waste, fraud, or abuse to a designated investigative or 
law enforcement representative of a Federal department or agency 
authorized to receive such information.
    (b) The limitation in subsection (a) shall not contravene 
requirements applicable to Standard Form 312, Form 4414, or any other 
form issued by a Federal department or agency governing the 
nondisclosure of classified information.
    Sec. 744. (a) No funds appropriated in this or any other Act may be 
used to implement or enforce the agreements in Standard Forms 312 and 
4414 of the Government or any other nondisclosure policy, form, or 
agreement if such policy, form, or agreement does

[[Page 132 STAT. 600]]

not contain the following provisions: ``These provisions are consistent 
with and do not supersede, conflict with, or otherwise alter the 
employee obligations, rights, or liabilities created by existing statute 
or Executive order relating to (1) classified information, (2) 
communications to Congress, (3) the reporting to an Inspector General of 
a violation of any law, rule, or regulation, or mismanagement, a gross 
waste of funds, an abuse of authority, or a substantial and specific 
danger to public health or safety, or (4) any other whistleblower 
protection. The definitions, requirements, obligations, rights, 
sanctions, and liabilities created by controlling Executive orders and 
statutory provisions are incorporated into this agreement and are 
controlling.'':  Provided, That notwithstanding the preceding provision 
of this section, a nondisclosure policy form or agreement that is to be 
executed by a person connected with the conduct of an intelligence or 
intelligence-related activity, other than an employee or officer of the 
United States Government, may contain provisions appropriate to the 
particular activity for which such document is to be used. Such form or 
agreement shall, at a minimum, require that the person will not disclose 
any classified information received in the course of such activity 
unless specifically authorized to do so by the United States Government. 
Such nondisclosure forms shall also make it clear that they do not bar 
disclosures to Congress, or to an authorized official of an executive 
agency or the Department of Justice, that are essential to reporting a 
substantial violation of law.
    (b) A nondisclosure agreement may continue to be implemented and 
enforced notwithstanding subsection (a) if it complies with the 
requirements for such agreement that were in effect when the agreement 
was entered into.
    (c) No funds appropriated in this or any other Act may be used to 
implement or enforce any agreement entered into during fiscal year 2014 
which does not contain substantially similar language to that required 
in subsection (a).
    Sec. 745.  None of the funds made available by this or any other Act 
may be used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that has any unpaid Federal tax liability 
that has been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that is not being paid 
in a timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability, where the awarding agency 
is aware of the unpaid tax liability, unless a Federal agency has 
considered suspension or debarment of the corporation and has made a 
determination that this further action is not necessary to protect the 
interests of the Government.
    Sec. 746.  None of the funds made available by this or any other Act 
may be used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that was convicted of a felony criminal 
violation under any Federal law within the preceding 24 months, where 
the awarding agency is aware of the conviction, unless a Federal agency 
has considered suspension or debarment of the corporation and has made a 
determination that this further action is not necessary to protect the 
interests of the Government.

[[Page 132 STAT. 601]]

    Sec. 747. (a) During fiscal year 2018, on the date on which a 
request is made for a transfer of funds in accordance with section 1017 
of Public Law 111-203, the Bureau of Consumer Financial Protection shall 
notify the Committees on Appropriations of the House of Representatives 
and the Senate, the Committee on Financial Services of the House of 
Representatives, and the Committee on Banking, Housing, and Urban 
Affairs of the Senate of such request.
    (b) Any notification required by this section shall be made 
available on the Bureau's public Web site.
    Sec. 748.  If, for fiscal year 2018, new budget authority provided 
in appropriations Acts exceeds the discretionary spending limit for any 
category set forth in section 251(c) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 due to estimating differences with 
the Congressional Budget Office, an adjustment to the discretionary 
spending limit in such category for fiscal year 2018 shall be made by 
the Director of the Office of Management and Budget in the amount of the 
excess but the total of all such adjustments shall not exceed 0.2 
percent of the sum of the adjusted discretionary spending limits for all 
categories for that fiscal year.
    Sec. 749.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in any title other than title IV or VIII shall 
not apply to such title IV or VIII.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfers of funds)

    Sec. 801.  There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 802.  None of the Federal funds provided in this Act shall be 
used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.
    Sec. 803. (a) None of the Federal funds provided under this Act to 
the agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2018, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) re-establishes any program or project previously 
        deferred through reprogramming;

[[Page 132 STAT. 602]]

            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in excess 
        of $3,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,

unless prior approval is received from the Committees on Appropriations 
of the House of Representatives and the Senate.
    (b) The District of Columbia government is authorized to approve and 
execute reprogramming and transfer requests of local funds under this 
title through November 7, 2018.
    Sec. 804.  None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 805.  Except as otherwise provided in this section, none of the 
funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only in 
the performance of the officer's or employee's official duties. For 
purposes of this section, the term ``official duties'' does not include 
travel between the officer's or employee's residence and workplace, 
except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day;
            (3) at the discretion of the Director of the Department of 
        Corrections, an officer or employee of the District of Columbia 
        Department of Corrections who resides in the District of 
        Columbia and is on call 24 hours a day;
            (4) at the discretion of the Chief Medical Examiner, an 
        officer or employee of the Office of the Chief Medical Examiner 
        who resides in the District of Columbia and is on call 24 hours 
        a day;
            (5) at the discretion of the Director of the Homeland 
        Security and Emergency Management Agency, an officer or employee 
        of the Homeland Security and Emergency Management Agency who 
        resides in the District of Columbia and is on call 24 hours a 
        day;
            (6) the Mayor of the District of Columbia; and
            (7) the Chairman of the Council of the District of Columbia.

    Sec. 806. (a) None of the Federal funds contained in this Act may be 
used by the District of Columbia Attorney General or any other officer 
or entity of the District government to provide assistance for any 
petition drive or civil action which seeks to require Congress to 
provide for voting representation in Congress for the District of 
Columbia.
    (b) Nothing in this section bars the District of Columbia Attorney 
General from reviewing or commenting on briefs in private lawsuits, or 
from consulting with officials of the District government regarding such 
lawsuits.

[[Page 132 STAT. 603]]

    Sec. 807.  None of the Federal funds contained in this Act may be 
used to distribute any needle or syringe for the purpose of preventing 
the spread of blood borne pathogens in any location that has been 
determined by the local public health or local law enforcement 
authorities to be inappropriate for such distribution.
    Sec. 808.  Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 809. (a) None of the Federal funds contained in this Act may be 
used to enact or carry out any law, rule, or regulation to legalize or 
otherwise reduce penalties associated with the possession, use, or 
distribution of any schedule I substance under the Controlled Substances 
Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
    (b) No funds available for obligation or expenditure by the District 
of Columbia government under any authority may be used to enact any law, 
rule, or regulation to legalize or otherwise reduce penalties associated 
with the possession, use, or distribution of any schedule I substance 
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any 
tetrahydrocannabinols derivative for recreational purposes.
    Sec. 810.  No funds available for obligation or expenditure by the 
District of Columbia government under any authority shall be expended 
for any abortion except where the life of the mother would be endangered 
if the fetus were carried to term or where the pregnancy is the result 
of an act of rape or incest.
    Sec. 811. (a) No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer for the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council of the District of Columbia, a revised 
appropriated funds operating budget in the format of the budget that the 
District of Columbia government submitted pursuant to section 442 of the 
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42), 
for all agencies of the District of Columbia government for fiscal year 
2018 that is in the total amount of the approved appropriation and that 
realigns all budgeted data for personal services and other-than-personal 
services, respectively, with anticipated actual expenditures.
    (b) This section shall apply only to an agency for which the Chief 
Financial Officer for the District of Columbia certifies that a 
reallocation is required to address unanticipated changes in program 
requirements.
    Sec. 812.  No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer for the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council for the District of Columbia, a revised 
appropriated funds operating budget for the District of Columbia Public 
Schools that aligns schools budgets to actual enrollment. The revised 
appropriated funds budget shall be in the format of the budget that the 
District of Columbia government submitted pursuant to section 442 of the 
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42).
    Sec. 813. (a) Amounts appropriated in this Act as operating funds 
may be transferred to the District of Columbia's enterprise

[[Page 132 STAT. 604]]

and capital funds and such amounts, once transferred, shall retain 
appropriation authority consistent with the provisions of this Act.
    (b) The District of Columbia government is authorized to reprogram 
or transfer for operating expenses any local funds transferred or 
reprogrammed in this or the four prior fiscal years from operating funds 
to capital funds, and such amounts, once transferred or reprogrammed, 
shall retain appropriation authority consistent with the provisions of 
this Act.
    (c) The District of Columbia government may not transfer or 
reprogram for operating expenses any funds derived from bonds, notes, or 
other obligations issued for capital projects.
    Sec. 814.  None of the Federal funds appropriated in this Act shall 
remain available for obligation beyond the current fiscal year, nor may 
any be transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 815.  Except as otherwise specifically provided by law or under 
this Act, not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 2018 from appropriations of Federal 
funds made available for salaries and expenses for fiscal year 2018 in 
this Act, shall remain available through September 30, 2019, for each 
such account for the purposes authorized:  Provided, That a request 
shall be submitted to the Committees on Appropriations of the House of 
Representatives and the Senate for approval prior to the expenditure of 
such funds:  Provided further, That these requests shall be made in 
compliance with reprogramming guidelines outlined in section 803 of this 
Act.
    Sec. 816. (a)(1) During fiscal year 2019, during a period in which 
neither a District of Columbia continuing resolution or a regular 
District of Columbia appropriation bill is in effect, local funds are 
appropriated in the amount provided for any project or activity for 
which local funds are provided in the Act referred to in paragraph (2) 
(subject to any modifications enacted by the District of Columbia as of 
the beginning of the period during which this subsection is in effect) 
at the rate set forth by such Act.
    (2) The Act referred to in this paragraph is the Act of the Council 
of the District of Columbia pursuant to which a proposed budget is 
approved for fiscal year 2019 which (subject to the requirements of the 
District of Columbia Home Rule Act) will constitute the local portion of 
the annual budget for the District of Columbia government for fiscal 
year 2019 for purposes of section 446 of the District of Columbia Home 
Rule Act (sec. 1-204.46, D.C. Official Code).
    (b) Appropriations made by subsection (a) shall cease to be 
available--
            (1) during any period in which a District of Columbia 
        continuing resolution for fiscal year 2019 is in effect; or
            (2) upon the enactment into law of the regular District of 
        Columbia appropriation bill for fiscal year 2019.

    (c) An appropriation made by subsection (a) is provided under the 
authority and conditions as provided under this Act and shall be 
available to the extent and in the manner that would be provided by this 
Act.
    (d) An appropriation made by subsection (a) shall cover all 
obligations or expenditures incurred for such project or activity during 
the portion of fiscal year 2019 for which this section applies to such 
project or activity.

[[Page 132 STAT. 605]]

    (e) This section shall not apply to a project or activity during any 
period of fiscal year 2019 if any other provision of law (other than an 
authorization of appropriations)--
            (1) makes an appropriation, makes funds available, or grants 
        authority for such project or activity to continue for such 
        period; or
            (2) specifically provides that no appropriation shall be 
        made, no funds shall be made available, or no authority shall be 
        granted for such project or activity to continue for such 
        period.

    (f) Nothing in this section shall be construed to affect obligations 
of the government of the District of Columbia mandated by other law.
    Sec. 817.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
    This division may be cited as the ``Financial Services and General 
Government Appropriations Act, 2018''.

     DIVISION F--DEPARTMENT <<NOTE: Department of Homeland Security 
 Appropriations Act, 2018.>>  OF HOMELAND SECURITY APPROPRIATIONS ACT, 
2018

                                 TITLE I

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For necessary expenses of the Office of the Secretary and for 
executive management for operations and support, $139,602,000:  
Provided, That not to exceed $30,000 shall be for official reception and 
representation expenses:  Provided further, That of the funds provided 
under this heading, $2,000,000 shall be withheld from obligation until 
the Secretary complies with section 107 of this Act.

                         Management Directorate

                         operations and support

    For necessary expenses of the Management Directorate for operations 
and support, $710,297,000, of which $227,516,000 shall remain available 
until September 30, 2019:  Provided, That not to exceed $2,000 shall be 
for official reception and representation expenses.

               procurement, construction, and improvements

    For necessary expenses of the Management Directorate for 
procurement, construction, and improvements, $29,569,000, to remain 
available until September 30, 2019.

[[Page 132 STAT. 606]]

                        research and development

    For necessary expenses of the Management Directorate for research 
and development, $2,545,000, to remain available until September 30, 
2019.

           Intelligence, Analysis, and Operations Coordination

                         operations and support

    For necessary expenses of the Office of Intelligence and Analysis 
and the Office of Operations Coordination for operations and support, 
$245,905,000, of which $77,915,000 shall remain available until 
September 30, 2019:  Provided, That not to exceed $3,825 shall be for 
official reception and representation expenses and not to exceed 
$2,000,000 is available for facility needs associated with secure space 
at fusion centers, including improvements to buildings.

                       Office of Inspector General

                         operations and support

    For necessary expenses of the Office of Inspector General for 
operations and support, $168,000,000:  Provided, That not to exceed 
$300,000 may be used for certain confidential operational expenses, 
including the payment of informants, to be expended at the direction of 
the Inspector General.

                        Administrative Provisions

    Sec. 101.  Hereafter, <<NOTE: 6 USC 454 note.>>  the Secretary of 
Homeland Security shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives, at the time the President's 
budget proposal is submitted pursuant to section 1105(a) of title 31, 
United States Code, the Future Years Homeland Security Program, as 
authorized by section 874 of the Homeland Security Act of 2002 (6 U.S.C. 
454).

    Sec. 102.  Not later than 30 days after the last day of each month, 
the Chief Financial Officer of the Department of Homeland Security shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a monthly budget and staffing report that includes 
total obligations of the Department for that month and for the fiscal 
year at the appropriation and program, project, and activity levels, by 
the source year of the appropriation.
    Sec. 103. (a) Notwithstanding section 518 of division F of the 
Consolidated Appropriations Act, 2016 (Public Law 114-113), the 
Secretary of Homeland Security shall submit a report not later than 
October 15, 2018, to the Inspector General of the Department of Homeland 
Security listing all grants and contracts awarded by any means other 
than full and open competition during fiscal years 2017 and 2018.
    (b) The Inspector General shall review the report required by 
subsection (a) to assess departmental compliance with applicable laws 
and regulations and report the results of that review to the Committees 
on Appropriations of the Senate and the House of Representatives not 
later than February 15, 2019.

[[Page 132 STAT. 607]]

    Sec. 104.  The Secretary of Homeland Security shall require that all 
contracts of the Department of Homeland Security that provide award fees 
link such fees to successful acquisition outcomes, which shall be 
specified in terms of cost, schedule, and performance.
    Sec. 105.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9703(g)(4)(B) of 
title 31, United States Code (as added by Public Law 102-393) from the 
Department of the Treasury Forfeiture Fund to any agency within the 
Department of Homeland Security:  Provided, That none of the funds 
identified for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified of the proposed transfers.
    Sec. 106.  All official costs associated with the use of Government 
aircraft by Department of Homeland Security personnel to support 
official travel of the Secretary and the Deputy Secretary shall be paid 
from amounts made available for the Office of the Secretary.
    Sec. 107. (a) Not later than 30 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, the Committees on the Judiciary of the Senate and the 
House of Representatives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Committee on Homeland 
Security of the House of Representatives, a report for fiscal year 2017 
on visa overstay data by country as required by section 1376 of title 8, 
United States Code:  Provided, That the report on visa overstay data 
shall also include--
            (1) overstays from all nonimmigrant visa categories under 
        the immigration laws, delineated by each of the classes and sub-
        classes of such categories; and
            (2) numbers as well as rates of overstays for each class and 
        sub-class of such nonimmigrant categories on a per-country 
        basis.

    (b) The Secretary of Homeland Security shall publish on the 
Department's website the metrics developed to measure the effectiveness 
of security between the ports of entry, including the methodology and 
data supporting the resulting measures.

                                TITLE II

                SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

    For necessary expenses of U.S. Customs and Border Protection for 
operations and support, including the transportation of unaccompanied 
minor aliens; the provision of air and marine support to Federal, State, 
and local agencies in the enforcement or administration of laws enforced 
by the Department of Homeland Security; at the discretion of the 
Secretary of Homeland Security, the provision of such support to 
Federal, State, and local agencies in other law enforcement and 
emergency humanitarian efforts; the purchase and lease of up to 7,500 
(6,500 for replacement only) police-type

[[Page 132 STAT. 608]]

vehicles; the purchase, maintenance, or operation of marine vessels, 
aircraft, and unmanned aerial systems; and contracting with individuals 
for personal services abroad; $11,485,164,000; of which $3,274,000 shall 
be derived from the Harbor Maintenance Trust Fund for administrative 
expenses related to the collection of the Harbor Maintenance Fee 
pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 
$681,441,500 shall be available until September 30, 2019; and of which 
such sums as become available in the Customs User Fee Account, except 
sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from 
that account:  Provided, That not to exceed $34,425 shall be for 
official reception and representation expenses:  Provided further, That 
not to exceed $15,000,000 may be transferred to the Bureau of Indian 
Affairs for the maintenance and repair of roads on Native American 
reservations, as required by the Border Patrol:  Provided further, That 
not to exceed $150,000 shall be available for payment for rental space 
in connection with preclearance operations:  Provided further, That not 
to exceed $1,000,000 shall be for awards of compensation to informants, 
to be accounted for solely under the certificate of the Secretary of 
Homeland Security.

               procurement, construction, and improvements

    For necessary expenses of U.S. Customs and Border Protection for 
procurement, construction, and improvements, including procurements to 
buy marine vessels, aircraft, and unmanned aerial systems, 
$2,281,357,000, of which $846,343,000 shall remain available until 
September 30, 2020, and of which $1,435,014,000 shall remain available 
until September 30, 2022.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for operations and support, including the purchase and lease of up to 
3,790 (2,350 for replacement only) police-type vehicles; overseas vetted 
units; and maintenance, minor construction, and minor leasehold 
improvements at owned and leased facilities; $6,993,975,000; of which 
$6,000,000 shall remain available until expended for efforts to enforce 
laws against forced child labor; of which $33,700,000 shall remain 
available until September 30, 2019; of which not less than $15,000,000 
shall be available for investigation of intellectual property rights 
violations, including operation of the National Intellectual Property 
Rights Coordination Center; of which not less than $9,000,000 shall be 
available for facilities repair and maintenance projects; of which not 
less than $84,000,000 shall be available for vehicle fleet 
recapitalization; and of which not less than $4,110,337,000 shall be for 
enforcement, detention, and removal operations, including transportation 
of unaccompanied minor aliens:  Provided, That not to exceed $11,475 
shall be for official reception and representation expenses:  Provided 
further, That not to exceed $10,000,000 shall be available until 
expended for conducting special operations under section 3131 of the 
Customs Enforcement Act of 1986 (19 U.S.C. 2081):  Provided

[[Page 132 STAT. 609]]

further, That not to exceed $2,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security:  Provided further, 
That not to exceed $11,216,000 shall be available to fund or reimburse 
other Federal agencies for the costs associated with the care, 
maintenance, and repatriation of smuggled aliens unlawfully present in 
the United States:  Provided further, That of the amounts made available 
under this heading, $5,000,000 shall be withheld from obligation until 
the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives the report 
required under section 212 of this Act.

               procurement, construction, and improvements

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for procurement, construction, and improvements, $81,899,000, to remain 
available until September 30, 2020; of which not less than $29,000,000 
shall be available for facilities repair and maintenance projects.

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security Administration 
for operations and support, $7,207,851,000, to remain available until 
September 30, 2019:  Provided, That not to exceed $7,650 shall be for 
official reception and representation expenses:  Provided further, That 
security service fees authorized under section 44940 of title 49, United 
States Code, shall be credited to this appropriation as offsetting 
collections and shall be available only for aviation security:  Provided 
further, That the sum appropriated under this heading from the general 
fund shall be reduced on a dollar-for-dollar basis as such offsetting 
collections are received during fiscal year 2018 so as to result in a 
final fiscal year appropriation from the general fund estimated at not 
more than $4,737,851,000.

               procurement, construction, and improvements

    For necessary expenses of the Transportation Security Administration 
for procurement, construction, and improvements, $167,314,000, to remain 
available until September 30, 2020.

                        research and development

    For necessary expenses of the Transportation Security Administration 
for research and development, $20,190,000, to remain available until 
September 30, 2019.

                               Coast Guard

                           operating expenses

    For necessary expenses for the operations and maintenance of the 
Coast Guard, not otherwise provided for; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement only; 
purchase or lease of small boats for contingent

[[Page 132 STAT. 610]]

and emergent requirements (at a unit cost of not more than $700,000) and 
repairs and service-life replacements, not to exceed a total of 
$31,000,000; purchase or lease of boats necessary for overseas 
deployments and activities; payments pursuant to section 156 of Public 
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 
welfare; $7,373,313,000; of which $503,000,000 shall be for defense-
related activities, of which $163,000,000 is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 and shall be available only if the President 
subsequently so designates all such amounts and transmits such 
designations to the Congress; and of which $24,500,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)):  Provided, That not to exceed $23,000 shall be for official 
reception and representation expenses:  Provided further, That 
$25,000,000 shall be withheld from obligation for Coast Guard 
Headquarters Directorates until a future-years capital investment plan 
for fiscal years 2019 through 2023 is submitted to the Committees on 
Appropriations of the Senate and the House of Representatives pursuant 
to section 220 of this Act.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance and 
restoration functions of the Coast Guard under chapter 19 of title 14, 
United States Code, $13,397,000, to remain available until September 30, 
2022.

                            reserve training

    For necessary expenses of the Coast Guard Reserve; operations and 
maintenance of the Coast Guard Reserve Program; personnel and training 
costs; and equipment and services; $114,875,000.

               acquisition, construction, and improvements

    For necessary expenses of the Coast Guard for acquisition, 
construction, renovation, and improvement of aids to navigation, shore 
facilities (including facilities at Department of Defense installations 
used by the Coast Guard), vessels, and aircraft, including equipment 
related thereto, $2,694,745,000; of which $20,000,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); and of which $2,573,000,000 shall be available until 
September 30, 2022, of which $95,000,000 shall be immediately available 
and allotted to contract for long lead time materials for the eleventh 
National Security Cutter notwithstanding the availability of funds for 
production or post-production costs.

               research, development, test, and evaluation

    For necessary expenses of the Coast Guard for research, development, 
test, and evaluation; and for maintenance, rehabilitation, lease, and 
operation of facilities and equipment; $29,141,000, to remain available 
until September 30, 2020, of which $500,000

[[Page 132 STAT. 611]]

shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)):  Provided, That there may be credited to and used 
for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries for expenses incurred for research, development, 
testing, and evaluation.

                               retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under the 
Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, payment of continuation pay under 
section 356 of title 37, United States Code, concurrent receipts, 
combat-related special compensation, and payments for medical care of 
retired personnel and their dependents under chapter 55 of title 10, 
United States Code, $1,676,117,000, to remain available until expended.

                      United States Secret Service

                         operations and support

    For necessary expenses of the United States Secret Service for 
operations and support, including purchase of not to exceed 652 vehicles 
for police-type use for replacement only; hire of passenger motor 
vehicles; purchase of motorcycles made in the United States; hire of 
aircraft; rental of buildings in the District of Columbia; fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control, as may be necessary to 
perform protective functions; conduct of and participation in firearms 
matches; presentation of awards; conduct of behavioral research in 
support of protective intelligence and operations; payment in advance 
for commercial accommodations as may be necessary to perform protective 
functions; and payment, without regard to section 5702 of title 5, 
United States Code, of subsistence expenses of employees who are on 
protective missions, whether at or away from their duty stations; 
$1,915,794,000; of which $39,692,000 shall remain available until 
September 30, 2019, of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children; 
and of which $9,866,000 shall be for premium pay in excess of the annual 
equivalent of the limitation on the rate of pay contained in section 
5547(a) of title 5, United States Code, pursuant to section 2 of the 
Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 5547 note), 
as amended by the Secret Service Recruitment and Retention Act of 2018:  
Provided, That not to exceed $19,125 shall be for official reception and 
representation expenses:  Provided further, That not to exceed $100,000 
shall be to provide technical assistance and equipment to foreign law 
enforcement organizations in counterfeit investigations.

               procurement, construction, and improvements

    For necessary expenses of the United States Secret Service for 
procurement, construction, and improvements, $90,480,000, to remain 
available until September 30, 2020.

[[Page 132 STAT. 612]]

                        research and development

    For necessary expenses of the United States Secret Service for 
research and development, $250,000, to remain available until September 
30, 2019.

                        Administrative Provisions

    Sec. 201. (a) For fiscal year 2018, the overtime limitation 
prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1)) shall be $45,000; and notwithstanding any other provision of 
law, none of the funds appropriated by this Act shall be available to 
compensate any employee of U.S. Customs and Border Protection for 
overtime, from whatever source, in an amount that exceeds such 
limitation, except in individual cases determined by the Secretary of 
Homeland Security, or the designee of the Secretary, to be necessary for 
national security purposes, to prevent excessive costs, or in cases of 
immigration emergencies.
    (b) None of the funds made available by this Act for the following 
accounts shall be available to compensate any employee for overtime in 
an annual amount in excess of $45,000:
            (1) ``U.S. Immigration and Customs Enforcement--Operations 
        and Support'', except that the Secretary of Homeland Security, 
        or the designee of the Secretary, may waive such amount as 
        necessary for national security purposes and in cases of 
        immigration emergencies.
            (2) ``United States Secret Service--Operations and 
        Support'', except that the Secretary of Homeland Security, or 
        the designee of the Secretary, may waive such amount as 
        necessary for national security purposes.

    Sec. 202.  Funding made available under the heading ``U.S. Customs 
and Border Protection--Operations and Support'' and ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' shall 
be available for customs expenses when necessary to maintain operations 
and prevent adverse personnel actions in Puerto Rico in addition to 
funding provided by 48 U.S.C. 740.
    Sec. 203.  Hereafter, <<NOTE: 6 USC 211 note.>>  no U.S. Customs and 
Border Protection aircraft or other related equipment, with the 
exception of aircraft that are one of a kind and have been identified as 
excess to U.S. Customs and Border Protection requirements and aircraft 
that have been damaged beyond repair, shall be transferred to any other 
Federal agency, department, or office outside of the Department of 
Homeland Security without prior notice to the Committees on 
Appropriations of the Senate and the House of Representatives.

    Sec. 204.  As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an 
adjacent island pursuant to section 13031(a)(5) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be 
available until expended.
    Sec. 205.  For an additional amount for ``U.S. Customs and Border 
Protection--Operations and Support'', $31,000,000, to remain available 
until expended, to be reduced by amounts collected and credited to this 
appropriation in fiscal year 2018 from amounts authorized to be 
collected by section 286(i) of the Immigration and Nationality Act (8 
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation 
and Trade Enforcement Act

[[Page 132 STAT. 613]]

of 2015 (Public Law 114-25), or other such authorizing language:  
Provided, That to the extent that amounts realized from such collections 
exceed $31,000,000, those amounts in excess of $31,000,000 shall be 
credited to this appropriation, to remain available until expended.
    Sec. 206.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the Federal 
Food, Drug, and Cosmetic Act:  Provided, That this section shall apply 
only to individuals transporting on their person a personal-use quantity 
of the prescription drug, not to exceed a 90-day supply:  Provided 
further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).

    Sec. 207.  Notwithstanding any other provision of law, none of the 
funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, for the transportation of crude 
oil distributed from and to the Strategic Petroleum Reserve until the 
Secretary of Homeland Security, after consultation with the Secretaries 
of the Departments of Energy and Transportation and representatives from 
the United States flag maritime industry, takes adequate measures to 
ensure the use of United States flag vessels:  Provided, That the 
Secretary shall notify the Committees on Appropriations of the Senate 
and the House of Representatives, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives within 2 business 
days of any request for waivers of navigation and vessel-inspection laws 
pursuant to section 501(b) of title 46, United States Code, with respect 
to such transportation, and the disposition of such requests.
    Sec. 208. (a) Beginning on the date of enactment of this Act, the 
Secretary of Homeland Security shall not--
            (1) establish, collect, or otherwise impose any new border 
        crossing fee on individuals crossing the Southern border or the 
        Northern border at a land port of entry; or
            (2) conduct any study relating to the imposition of a border 
        crossing fee.

    (b) In this section, the term ``border crossing fee'' means a fee 
that every pedestrian, cyclist, and driver and passenger of a private 
motor vehicle is required to pay for the privilege of crossing the 
Southern border or the Northern border at a land port of entry.
    Sec. 209.  Without regard to the limitation as to time and condition 
of section 503(d) of this Act, the Secretary may reprogram within and 
transfer funds to ``U.S. Immigration and Customs Enforcement--Operations 
and Support'' as necessary to ensure the detention of aliens prioritized 
for removal.
    Sec. 210.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue a delegation of law enforcement authority

[[Page 132 STAT. 614]]

authorized under section 287(g) of the Immigration and Nationality Act 
(8 U.S.C. 1357(g)) if the Department of Homeland Security Inspector 
General determines that the terms of the agreement governing the 
delegation of authority have been materially violated.
    Sec. 211.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue any contract for the provision of detention services if 
the two most recent overall performance evaluations received by the 
contracted facility are less than ``adequate'' or the equivalent median 
score in any subsequent performance evaluation system.
    Sec. 212.  The Secretary of Homeland Security shall submit a report 
to the Committees on Appropriations of the Senate and the House of 
Representatives that (a) identifies any instance during fiscal year 2017 
or 2018 in which payments have been made by U.S. Immigration and Customs 
Enforcement, or employees of U.S. Immigration and Customs Enforcement 
have erroneously entered into financial obligations, for activities in 
violation of subpart D of part 550 of title 5, Code of Federal 
Regulations; (b) includes specific actions the Office of the Chief 
Financial Officer and the Office of the Principal Legal Advisor will 
take to improve agency-wide understanding of such subpart D; and (c) 
includes a certification by the Director of U.S. Immigration and Customs 
Enforcement that the Office of the Chief Financial Officer and the 
Office of the Principal Legal Advisor have developed a plan and 
implemented training necessary for strengthening internal controls 
necessary to avoid violations of such subpart D.
    Sec. 213. (a) Notwithstanding any other provision of law, for 
employees of U.S. Immigration and Customs Enforcement and their 
dependents eligible for Payments During Evacuation in accordance with 
title 5, Code of Federal Regulations, part 550, from August 23, 2017, 
through December 1, 2017, as a result of Hurricanes Harvey, Irma, and 
Maria, the requirement of section 550.405(b)(2) of such title to reduce 
subsistence expenses to 60 percent of the applicable rate shall not 
apply.
    (b) The Secretary of Homeland Security may authorize reimbursement 
for lodging, meals, and incidental expenses for such employees and their 
dependents using the actual expense method set forth in subpart D of 
part 301-11 of title 41, Code of Federal Regulations, subject to the cap 
of 300 percent of the applicable maximum per diem rate, as provided in 
such section.
    Sec. 214.  Members of the United States House of Representatives and 
the United States Senate, including the leadership; the heads of Federal 
agencies and commissions, including the Secretary, Deputy Secretary, 
Under Secretaries, and Assistant Secretaries of the Department of 
Homeland Security; the United States Attorney General, Deputy Attorney 
General, Assistant Attorneys General, and the United States Attorneys; 
and senior members of the Executive Office of the President, including 
the Director of the Office of Management and Budget, shall not be exempt 
from Federal passenger and baggage screening.
    Sec. 215.  Any award by the Transportation Security Administration 
to deploy explosives detection systems shall be based on risk, the 
airport's current reliance on other screening solutions, lobby 
congestion resulting in increased security concerns, high injury rates, 
airport readiness, and increased cost effectiveness.

[[Page 132 STAT. 615]]

    Sec. 216.  Notwithstanding section 44923 of title 49, United States 
Code, for fiscal year 2018, any funds in the Aviation Security Capital 
Fund established by section 44923(h) of title 49, United States Code, 
may be used for the procurement and installation of explosives detection 
systems or for the issuance of other transaction agreements for the 
purpose of funding projects described in section 44923(a) of such title.
    Sec. 217.  None of the funds made available by this or any other Act 
may be used by the Administrator of the Transportation Security 
Administration to implement, administer, or enforce, in abrogation of 
the responsibility described in section 44903(n)(1) of title 49, United 
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any 
airport at which the Transportation Security Administration provided 
such monitoring as of December 1, 2013.
    Sec. 218.  None of the funds made available by this Act under the 
heading ``Coast Guard--Operating Expenses'' shall be for expenses 
incurred for recreational vessels under section 12114 of title 46, 
United States Code, except to the extent fees are collected from owners 
of yachts and credited to the appropriation made available by this Act 
under the heading ``Coast Guard--Operating Expenses'':  Provided, That 
to the extent such fees are insufficient to pay expenses of recreational 
vessel documentation under such section 12114, and there is a backlog of 
recreational vessel applications, personnel performing non-recreational 
vessel documentation functions under subchapter II of chapter 121 of 
title 46, United States Code, may perform documentation under section 
12114.
    Sec. 219.  Without regard to the limitation as to time and condition 
of section 503(d) of this Act, after June 30, up to $10,000,000 may be 
reprogrammed to or from the Military Pay and Allowances funding category 
within ``Coast Guard--Operating Expenses'' in accordance with subsection 
(a) of section 503 of this Act.
    Sec. 220.  Notwithstanding any other provision of law, the 
Commandant of the Coast Guard shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under 
the heading ``Coast Guard--Acquisition, Construction, and Improvements'' 
in the Department of Homeland Security Appropriations Act, 2015 (Public 
Law 114-4), which shall be subject to the requirements in the third and 
fourth provisos under such heading.
    Sec. 221.  None of the funds in this Act shall be used to reduce the 
Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
    Sec. 222.  None of the funds appropriated by this Act may be used to 
conduct, or to implement the results of, a competition under Office of 
Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 223.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may be 
used to reduce operations within any civil

[[Page 132 STAT. 616]]

engineering unit unless specifically authorized by a statute enacted 
after the date of enactment of this Act.
    Sec. 224.  Funds made available for Overseas Contingency Operations/
Global War on Terrorism under the heading ``Coast Guard--Operating 
Expenses'' may be allocated by program, project, and activity, 
notwithstanding section 503 of this Act.
    Sec. 225.  Section 423 of title 14, United States Code, is amended 
by inserting after subsection (c) the following:
    ``(d) In addition to amounts computed pursuant to subsections (a) 
through (c) of this section, a full TSP member (as defined in section 
8440e(a) of title 5) of the Coast Guard is entitled to continuation pay 
pursuant to section 356 of title 37.''.
    Sec. 226.  The United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from Federal agencies 
and entities, as defined in section 105 of title 5, United States Code, 
for personnel receiving training sponsored by the James J. Rowley 
Training Center, except that total obligations at the end of the fiscal 
year shall not exceed total budgetary resources available under the 
heading ``United States Secret Service--Operations and Support'' at the 
end of the fiscal year.
    Sec. 227.  None of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security:  Provided, That the Director of 
the United States Secret Service may enter into agreements to provide 
such protection on a fully reimbursable basis.
    Sec. 228.  For purposes of section 503(a)(3) of this Act, up to 
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
    Sec. 229.  Funding made available in this Act for ``United States 
Secret Service--Operations and Support'' is available for travel of 
United States Secret Service employees on protective missions without 
regard to the limitations on such expenditures in this or any other Act 
if the Director of the United States Secret Service or a designee 
notifies the Committees on Appropriations of the Senate and the House of 
Representatives 10 or more days in advance, or as early as practicable, 
prior to such expenditures.
    Sec. 230. (a) Of the amount made available in this Act under ``U.S. 
Customs and Border Protection--Procurement, Construction, and 
Improvements'', $1,571,000,000 shall be available only as follows:
            (1) $251,000,000 for approximately 14 miles of secondary 
        fencing, all of which provides for cross-barrier visual 
        situational awareness, along the southwest border in the San 
        Diego Sector;
            (2) $445,000,000 for 25 miles of primary pedestrian levee 
        fencing along the southwest border in the Rio Grande Valley 
        Sector;
            (3) $196,000,000 for primary pedestrian fencing along the 
        southwest border in the Rio Grande Valley Sector;
            (4) $445,000,000 for replacement of existing primary 
        pedestrian fencing along the southwest border;
            (5) $38,000,000 for border barrier planning and design; and
            (6) $196,000,000 for acquisition and deployment of border 
        security technology.

[[Page 132 STAT. 617]]

    (b) The amounts designated in subsection (a)(2) through (a)(4) shall 
only be available for operationally effective designs deployed as of the 
date of the Consolidated Appropriations Act, 2017, (Public Law 115-31), 
such as currently deployed steel bollard designs, that prioritize agent 
safety.
    (c) None of the funds provided in this or any other Act shall be 
obligated for construction of a border barrier in the Santa Ana National 
Wildlife Refuge.
    Sec. 231. (a) Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a risk-
based plan for improving security along the borders of the United 
States, including the use of personnel, fencing, other forms of tactical 
infrastructure, and technology, to include--
            (1) A statement of goals, objectives, activities, and 
        milestones for the plan.
            (2) A detailed implementation schedule for the plan with 
        estimates for the planned obligation of funds for fiscal years 
        2019 through 2027 that are linked to the milestone-based 
        delivery of specific--
                    (A) capabilities and services;
                    (B) mission benefits and outcomes;
                    (C) program management capabilities; and
                    (D) lifecycle cost estimates.
            (3) A description of the manner in which specific projects 
        under the plan will enhance border security goals and objectives 
        and address the highest priority border security needs.
            (4) An identification of the planned locations, quantities, 
        and types of resources, such as fencing, other physical 
        barriers, or other tactical infrastructure and technology, under 
        the plan.
            (5) A description of the methodology and analyses used to 
        select specific resources for deployment to particular locations 
        under the plan that includes--
                    (A) analyses of alternatives, including comparative 
                costs and benefits;
                    (B) an assessment of effects on communities and 
                property owners near areas of infrastructure deployment; 
                and
                    (C) a description of other factors critical to the 
                decision-making process.
            (6) An identification of staffing requirements under the 
        plan, including full-time equivalents, contractors, and detailed 
        personnel, by activity.
            (7) A description of performance metrics for the plan for 
        assessing and reporting on the contributions of border security 
        capabilities realized from current and future investments.
            (8) A description of the status of the actions of the 
        Department of Homeland Security to address open recommendations 
        by the Office of Inspector General and the Government 
        Accountability Office relating to border security, including 
        plans, schedules, and associated milestones for fully addressing 
        such recommendations.
            (9) A plan to consult State and local elected officials on 
        the eminent domain and construction process relating to physical 
        barriers;
            (10) An analysis, following consultation with the Secretary 
        of the Interior and the Administrator of the Environmental 
        Protection Agency, of the environmental impacts, including on

[[Page 132 STAT. 618]]

        wildlife, of the construction and placement of physical barriers 
        planned along the Southwest border, including in the Santa Ana 
        National Wildlife Refuge; and
            (11) Certifications by the Under Secretary of Homeland 
        Security for Management, that--
                    (A) the plan has been reviewed and approved in 
                accordance with an acquisition review management process 
                that complies with capital planning and investment 
                control and review requirements established by the 
                Office of Management and Budget, including as provided 
                in Circular A-11, part 7; and
                    (B) all activities under the plan comply with 
                Federal acquisition rules, requirements, guidelines, and 
                practices.

    (b) The Secretary shall concurrently submit the plan required in 
subsection (a) to the Comptroller General of the United States, who 
shall evaluate the plan and report to the Committees on Appropriations 
of the Senate and the House of Representatives on the strengths and 
weaknesses of such plan not later than 120 days after receiving such 
plan.

                                TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                         operations and support

    For necessary expenses of the National Protection and Programs 
Directorate for operations and support, $1,482,165,000, of which 
$8,912,000 shall remain available until September 30, 2019:  Provided, 
That not to exceed $3,825 shall be for official reception and 
representation expenses.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses related 
to the protection of federally owned and leased buildings and for the 
operations of the Federal Protective Service.

               procurement, construction, and improvements

    For necessary expenses of the National Protection and Programs 
Directorate for procurement, construction, and improvements, 
$414,111,000, to remain available until September 30, 2019.

                        research and development

    For necessary expenses of the National Protection and Programs 
Directorate for research and development, $15,126,000, to remain 
available until September 30, 2019.

[[Page 132 STAT. 619]]

                        Office of Health Affairs

                         operations and support

    For necessary expenses of the Office of Health Affairs for 
operations and support, $121,569,000, of which $14,020,000 shall remain 
available until September 30, 2019.

                   Federal Emergency Management Agency

                         operations and support

    For necessary expenses of the Federal Emergency Management Agency 
for operations and support, $1,030,135,000:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

               procurement, construction, and improvements

    For necessary expenses of the Federal Emergency Management Agency 
for procurement, construction, and improvements, $85,276,000, to remain 
available until September 30, 2019.

                           federal assistance

    For activities of the Federal Emergency Management Agency for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $3,293,932,000, which shall be allocated as 
follows:
            (1) $507,000,000 for the State Homeland Security Grant 
        Program under section 2004 of the Homeland Security Act of 2002 
        (6 U.S.C. 605), of which $85,000,000 shall be for Operation 
        Stonegarden, and $10,000,000 shall be for organizations (as 
        described under section 501(c)(3) of the Internal Revenue Code 
        of 1986 and exempt from tax under such 501(a) of such code) 
        determined by the Secretary of Homeland Security to be at high 
        risk of a terrorist attack:  Provided, That notwithstanding 
        subsection (c)(4) of such section 2004, for fiscal year 2018, 
        the Commonwealth of Puerto Rico shall make available to local 
        and tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $630,000,000 for the Urban Area Security Initiative 
        under section 2003 of the Homeland Security Act of 2002 (6 
        U.S.C. 604), of which $50,000,000 shall be for organizations (as 
        described under section 501(c)(3) of the Internal Revenue Code 
        of 1986 and exempt from tax under section 501(a) of such code) 
        determined by the Secretary of Homeland Security to be at high 
        risk of a terrorist attack.
            (3) $100,000,000 for Public Transportation Security 
        Assistance, Railroad Security Assistance, and Over-the-Road Bus 
        Security Assistance under sections 1406, 1513, and 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be 
        for Amtrak security and $2,000,000 shall be for Over-the-Road 
        Bus Security:  Provided, That such public transportation 
        security assistance shall be provided directly to public 
        transportation agencies.

[[Page 132 STAT. 620]]

            (4) $100,000,000 for Port Security Grants in accordance with 
        section 70107 of title 46, United States Code.
            (5) $700,000,000, to remain available until September 30, 
        2019, of which $350,000,000 shall be for Assistance to 
        Firefighter Grants and $350,000,000 shall be for Staffing for 
        Adequate Fire and Emergency Response Grants under sections 33 
        and 34 respectively of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229 and 2229a).
            (6) $350,000,000 for emergency management performance grants 
        under the National Flood Insurance Act of 1968 (42 U.S.C. 4001), 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5121), the Earthquake Hazards Reduction Act of 
        1977 (42 U.S.C. 7701), section 762 of title 6, United States 
        Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
            (7) $249,200,000 for the National Predisaster Mitigation 
        Fund under section 203 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5133), to remain 
        available until expended.
            (8) $262,531,000 for necessary expenses for Flood Hazard 
        Mapping and Risk Analysis, in addition to and to supplement any 
        other sums appropriated under the National Flood Insurance Fund, 
        and such additional sums as may be provided by States or other 
        political subdivisions for cost-shared mapping activities under 
        section 1360(f)(2) of the National Flood Insurance Act of 1968 
        (42 U.S.C. 4101(f)(2)), to remain available until expended.
            (9) $120,000,000 for the emergency food and shelter program 
        under title III of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11331), to remain available until expended:  
        Provided, That not to exceed 3.5 percent shall be for total 
        administrative costs.
            (10) $275,201,000 to sustain current operations for 
        training, exercises, technical assistance, and other programs.

                          disaster relief fund

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$7,900,720,000, to remain available until expended, of which 
$7,366,000,000 shall be for major disasters declared pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) and is designated by the Congress as being for 
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                      national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood 
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020), 
$203,500,000, to remain available until September 30, 2019, which shall 
be derived from offsetting amounts collected under section 1308(d) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which 
$13,573,000 shall be available for mission support associated with flood 
management;

[[Page 132 STAT. 621]]

and of which $189,927,000 shall be available for flood plain management 
and flood mapping:  Provided, That any additional fees collected 
pursuant to section 1308(d) of the National Flood Insurance Act of 1968 
(42 U.S.C. 4015(d)) shall be credited as offsetting collections to this 
account, to be available for flood plain management and flood mapping:  
Provided further, That in fiscal year 2018, no funds shall be available 
from the National Flood Insurance Fund under section 1310 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4017) in excess of--
            (1) $165,224,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $1,123,000,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,000,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):

  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(e) of the National Flood Insurance Act of 1968 shall be deposited 
in the National Flood Insurance Fund to supplement other amounts 
specified as available for section 1366 of the National Flood Insurance 
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and 
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C. 
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That total 
administrative costs shall not exceed 4 percent of the total 
appropriation:  Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

                        Administrative Provisions

    Sec. 301.  Notwithstanding section 2008(a)(12) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of 
law, not more than 5 percent of the amount of a grant made available in 
paragraphs (1) through (4) under ``Federal Emergency Management Agency--
Federal Assistance'', may be used by the grantee for expenses directly 
related to administration of the grant.
    Sec. 302.  Applications for grants under the heading ``Federal 
Emergency Management Agency--Federal Assistance'', for paragraphs (1) 
through (4), shall be made available to eligible applicants not later 
than 60 days after the date of enactment of this Act, eligible 
applicants shall submit applications not later than 80 days after the 
grant announcement, and the Administrator of the Federal Emergency 
Management Agency shall act within 65 days after the receipt of an 
application.
    Sec. 303.  Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) through (4), the 
Administrator of the Federal Emergency Management Agency shall brief the 
Committees on Appropriations of the Senate and the House of 
Representatives 5 full business days in advance of announcing publicly 
the intention of making an award.
    Sec. 304.  Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) and

[[Page 132 STAT. 622]]

(2), the installation of communications towers is not considered 
construction of a building or other physical facility.
    Sec. 305.  Notwithstanding any other provision of law, grants 
awarded to States along the Southwest Border of the United States under 
sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 
and 605) using funds provided under the heading ``Federal Emergency 
Management Agency--Federal Assistance'' for grants under paragraph (1) 
in this Act, or under the heading ``Federal Emergency Management 
Agency--State and Local Programs'' in Public Law 114-4, division F of 
Public Law 113-76, or division D of Public Law 113-6 may be used by 
recipients or sub-recipients for costs, or reimbursement of costs, 
related to providing humanitarian relief to unaccompanied alien children 
and alien adults accompanied by an alien minor where they are 
encountered after entering the United States, provided that such costs 
were incurred between January 1, 2014, and December 31, 2014, or during 
the award period of performance.
    Sec. 306.  The reporting requirements in paragraphs (1) and (2) 
under the heading ``Federal Emergency Management Agency--Disaster Relief 
Fund'' in the Department of Homeland Security Appropriations Act, 2015 
(Public Law 114-4) shall be applied in fiscal year 2018 with respect to 
budget year 2019 and current fiscal year 2018, respectively--
            (1) in paragraph (1) by substituting ``fiscal year 2019'' 
        for ``fiscal year 2016''; and
            (2) in paragraph (2) by inserting ``business'' after 
        ``fifth''.

    Sec. 307.  In making grants under the heading ``Firefighter 
Assistance Grants'', the Secretary may grant waivers from the 
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), 
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229a).
    Sec. 308.  The aggregate charges assessed during fiscal year 2018, 
as authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security to be 
necessary for its Radiological Emergency Preparedness Program for the 
next fiscal year:  Provided, That the methodology for assessment and 
collection of fees shall be fair and equitable and shall reflect costs 
of providing such services, including administrative costs of collecting 
such fees:  Provided further, That such fees shall be deposited in a 
Radiological Emergency Preparedness Program account as offsetting 
collections and will become available for authorized purposes on October 
1, 2018, and remain available until expended.

                                TITLE IV

              RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

                U.S. Citizenship and Immigration Services

                         operations and support

    For necessary expenses of U.S. Citizenship and Immigration Services 
for operations and support of the E-Verify Program, $108,856,000.

[[Page 132 STAT. 623]]

               procurement, construction, and improvements

    For necessary expenses of U.S. Citizenship and Immigration Services 
for procurement, construction, and improvements of the E-Verify Program, 
$22,657,000, to remain available until September 30, 2020.

                Federal Law Enforcement Training Centers

                         operations and support

    For necessary expenses of the Federal Law Enforcement Training 
Centers for operations and support, including the purchase of not to 
exceed 117 vehicles for police-type use and hire of passenger motor 
vehicles, and services as authorized by section 3109 of title 5, United 
States Code, $254,000,000, of which $62,701,000 shall remain available 
until September 30, 2019:  Provided, That not to exceed $7,180 shall be 
for official reception and representation expenses.

                   Science and Technology Directorate

                         operations and support

    For necessary expenses of the Science and Technology Directorate for 
operations and support, including the purchase or lease of not to exceed 
5 vehicles, $331,113,000, of which $196,361,000 shall remain available 
until September 30, 2019:  Provided, That not to exceed $7,650 shall be 
for official reception and representation expenses.

                        research and development

    For necessary expenses of the Science and Technology Directorate for 
research and development, $509,830,000, to remain available until 
September 30, 2020.

                    Domestic Nuclear Detection Office

                         operations and support

    For necessary expenses of the Domestic Nuclear Detection Office for 
operations and support, $54,664,000:  Provided, That not to exceed 
$2,250 shall be for official reception and representation expenses.

               procurement, construction, and improvements

    For necessary expenses of the Domestic Nuclear Detection Office for 
procurement, construction, and improvements, $89,096,000, to remain 
available until September 30, 2020.

                        research and development

    For necessary expenses of the Domestic Nuclear Detection Office for 
research and development, $145,661,000, to remain available until 
September 30, 2020.

[[Page 132 STAT. 624]]

                           federal assistance

    For necessary expenses of the Domestic Nuclear Detection Office for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $46,019,000, to remain available until September 
30, 2020.

                        Administrative Provisions

    Sec. 401.  Notwithstanding any other provision of law, funds 
otherwise made available to U.S. Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to 5 vehicles, 
for replacement only, for areas where the Administrator of General 
Services does not provide vehicles for lease:  Provided, That the 
Director of U.S. Citizenship and Immigration Services may authorize 
employees who are assigned to those areas to use such vehicles to travel 
between the employees' residences and places of employment.
    Sec. 402.  None of the funds made available in this Act may be used 
by U.S. Citizenship and Immigration Services to grant an immigration 
benefit unless the results of background checks required by law to be 
completed prior to the granting of the benefit have been received by 
U.S. Citizenship and Immigration Services, and the results do not 
preclude the granting of the benefit.
    Sec. 403.  None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided by employees (including employees 
serving on a temporary or term basis) of U.S. Citizenship and 
Immigration Services of the Department of Homeland Security who are 
known as Immigration Information Officers, Immigration Service Analysts, 
Contact Representatives, Investigative Assistants, or Immigration 
Services Officers.
    Sec. 404. (a) Notwithstanding section 1356(n) of title 8, United 
States Code, of the funds deposited into the Immigration Examinations 
Fee Account, up to $10,000,000 may be allocated by U.S. Citizenship and 
Immigration Services in fiscal year 2018 for the purpose of providing an 
Immigrant Integration grants program.
    (b) None of the funds made available to U.S. Citizenship and 
Immigration Services for grants for immigrant integration under 
subsection (a) may be used to provide services to aliens who have not 
been lawfully admitted for permanent residence.
    Sec. 405.  The Director of the Federal Law Enforcement Training 
Centers is authorized to distribute funds to Federal law enforcement 
agencies for expenses incurred participating in training accreditation.
    Sec. 406.  The Federal Law Enforcement Training Accreditation Board, 
including representatives from the Federal law enforcement community and 
non-Federal accreditation experts involved in law enforcement training, 
shall lead the Federal law enforcement training accreditation process to 
continue the implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors.
    Sec. 407. (a) There is to be established a ``Federal Law Enforcement 
Training Centers--Procurement, Construction, and Improvements'' 
appropriations account for planning, operational development, 
engineering, and purchases prior to sustainment and for information 
technology-related procurement, construction, and

[[Page 132 STAT. 625]]

improvements, including non-tangible assets of the Federal Law 
Enforcement Training Centers.
    (b) The Director of the Federal Law Enforcement Training Centers may 
accept transfers to the account established by subsection (a) from 
Government agencies requesting the construction of special use 
facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)):  
Provided, That the Federal Law Enforcement Training Centers maintain 
administrative control and ownership upon completion of such facilities.
    Sec. 408.  The functions of the Federal Law Enforcement Training 
Centers instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).

                                 TITLE V

                           GENERAL PROVISIONS

             (including transfers and rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds in 
the applicable established accounts, and thereafter may be accounted for 
as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the components in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2018, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the components funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates or eliminates a program, project, or activity, 
        or increases funds for any program, project, or activity for 
        which funds have been denied or restricted by the Congress;
            (2) contracts out any function or activity presently 
        performed by Federal employees or any new function or activity 
        proposed to be performed by Federal employees in the President's 
        budget proposal for fiscal year 2018 for the Department of 
        Homeland Security;
            (3) augments funding for existing programs, projects, or 
        activities in excess of $5,000,000 or 10 percent, whichever is 
        less;
            (4) reduces funding for any program, project, or activity, 
        or numbers of personnel, by 10 percent or more; or
            (5) results from any general savings from a reduction in 
        personnel that would result in a change in funding levels for 
        programs, projects, or activities as approved by the Congress.

    (b) Subsection (a) shall not apply if the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified at least 15 days in advance of such reprogramming.

[[Page 132 STAT. 626]]

    (c) Up to 5 percent of any appropriation made available for the 
current fiscal year for the Department of Homeland Security by this Act 
or provided by previous appropriations Acts may be transferred between 
such appropriations if the Committees on Appropriations of the Senate 
and the House of Representatives are notified at least 30 days in 
advance of such transfer, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by 
such transfer.
    (d) Notwithstanding subsections (a), (b), and (c), no funds shall be 
reprogrammed within or transferred between appropriations based upon an 
initial notification provided after June 30, except in extraordinary 
circumstances that imminently threaten the safety of human life or the 
protection of property.
    (e) The notification thresholds and procedures set forth in 
subsections (a), (b), (c), and (d) shall apply to any use of deobligated 
balances of funds provided in previous Department of Homeland Security 
Appropriations Acts.
    (f) Notwithstanding subsection (c), the Secretary of Homeland 
Security may transfer to the fund established by 8 U.S.C. 1101 note, up 
to $20,000,000 from appropriations available to the Department of 
Homeland Security:  Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives at least 5 days in advance of such transfer.
    Sec. 504.  Section <<NOTE: 31 USC 501 note.>>  504 of the Department 
of Homeland Security Appropriations Act, 2017 (division F of Public Law 
115-31), related to the operations of a working capital fund, shall 
apply with respect to funds made available in this Act in the same 
manner as such section applied to funds made available in that Act.

    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2018, as recorded in the financial records at the time of 
a reprogramming notification, but not later than June 30, 2019, from 
appropriations for ``Operations and Support'' and for ``Coast Guard--
Operating Expenses'', and salaries and expenses for ``Coast Guard--
Acquisition, Construction, and Improvements'' and ``Coast Guard--Reserve 
Training'' for fiscal year 2018 in this Act shall remain available 
through September 30, 2019, in the account and for the purposes for 
which the appropriations were provided:  Provided, That prior to the 
obligation of such funds, a notification shall be submitted to the 
Committees on Appropriations of the Senate and the House of 
Representatives in accordance with section 503 of this Act.
    Sec. 506.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2018 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2018.
    Sec. 507. (a) The Secretary of Homeland Security, or the designee of 
the Secretary, shall notify the Committees on Appropriations of the 
Senate and the House of Representatives at least 3 full business days in 
advance of--
            (1) making or awarding a grant allocation, grant, contract, 
        other transaction agreement, or task or delivery order on a 
        Department of Homeland Security multiple award contract, or to 
        issue a letter of intent totaling in excess of $1,000,000;

[[Page 132 STAT. 627]]

            (2) awarding a task or delivery order requiring an 
        obligation of funds in an amount greater than $10,000,000 from 
        multi-year Department of Homeland Security funds;
            (3) making a sole-source grant award; or
            (4) announcing publicly the intention to make or award items 
        under paragraph (1), (2), or (3), including a contract covered 
        by the Federal Acquisition Regulation.

    (b) If the Secretary of Homeland Security determines that compliance 
with this section would pose a substantial risk to human life, health, 
or safety, an award may be made without notification, and the Secretary 
shall notify the Committees on Appropriations of the Senate and the 
House of Representatives not later than 5 full business days after such 
an award is made or letter issued.
    (c) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; the type of 
        contract; and the account from which the funds are being drawn.

    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without advance 
notification to the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Centers is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training that 
cannot be accommodated in existing Centers facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, has 
not been approved, except that necessary funds may be expended for each 
project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 520, 522, and 530 of the Department of Homeland 
Security Appropriations Act, 2008 (division E of Public Law 110-161; 121 
Stat. 2073 and 2074) shall apply with respect to funds made available in 
this Act in the same manner as such sections applied to funds made 
available in that Act.
    Sec. 511.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act:  
Provided, That for purposes of the preceding sentence, the term ``Buy 
American Act'' means chapter 83 of title 41, United States Code.
    Sec. 512.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 513.  Section 519 of division F of Public Law 114-113, 
regarding a prohibition on funding for any position designated as a 
Principal Federal Official, shall apply with respect to funds made 
available in this Act in the same manner as such section applied to 
funds made available in that Act.
    Sec. 514.  None of the funds provided or otherwise made available in 
this Act shall be available to carry out section 872 of

[[Page 132 STAT. 628]]

the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly 
authorized by the Congress.
    Sec. 515.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national identification 
card.
    Sec. 516.  Any official that is required by this Act to report or to 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives may not delegate such authority to perform that act 
unless specifically authorized herein.
    Sec. 517.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other detainee 
who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.

    Sec. 518.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 519.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 520.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 521.  Hereafter, <<NOTE: 49 USC 44901 note.>>  in developing 
any process to screen aviation passengers and crews for transportation 
or national security purposes, the Secretary of Homeland Security shall 
ensure that all such processes take into consideration such passengers' 
and crews' privacy and civil liberties consistent with applicable laws, 
regulations, and guidance.

    Sec. 522.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland Security 
to enter into any Federal contract unless such contract is entered into 
in accordance with the requirements of subtitle I of title 41, United 
States Code, or chapter 137 of title 10, United States Code, and the 
Federal Acquisition Regulation, unless such contract is otherwise 
authorized by statute to be entered into without regard to the above 
referenced statutes.
    Sec. 523. (a) For an additional amount for financial systems 
modernization, $41,800,000, to remain available until September 30, 
2019.
    (b) Funds made available in subsection (a) for financial systems 
modernization may be transferred by the Secretary of Homeland Security 
between appropriations for the same purpose, notwithstanding section 503 
of this Act.
    (c) No transfer described in subsection (b) shall occur until 15 
days after the Committees on Appropriations of the Senate and the House 
of Representatives are notified of such transfer.

[[Page 132 STAT. 629]]

    Sec. 524. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 525.  None of the funds made available in this Act may be used 
by a Federal law enforcement officer to facilitate the transfer of an 
operable firearm to an individual if the Federal law enforcement officer 
knows or suspects that the individual is an agent of a drug cartel 
unless law enforcement personnel of the United States continuously 
monitor or control the firearm at all times.
    Sec. 526.  None of the funds made available in this Act may be used 
to pay for the travel to or attendance of more than 50 employees of a 
single component of the Department of Homeland Security, who are 
stationed in the United States, at a single international conference 
unless the Secretary of Homeland Security, or a designee, determines 
that such attendance is in the national interest and notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives within at least 10 days of that determination and the 
basis for that determination:  Provided, That for purposes of this 
section the term ``international conference'' shall mean a conference 
occurring outside of the United States attended by representatives of 
the United States Government and of foreign governments, international 
organizations, or nongovernmental organizations:  Provided further, That 
the total cost to the Department of Homeland Security of any such 
conference shall not exceed $500,000.
    Sec. 527.  None of the funds made available in this Act may be used 
to reimburse any Federal department or agency for its participation in a 
National Special Security Event.
    Sec. 528.  None of the funds made available to the Department of 
Homeland Security by this or any other Act may be obligated for any 
structural pay reform that affects more than 100 full-time positions or 
costs more than $5,000,000 in a single year before the end of the 30-day 
period beginning on the date on which the Secretary of Homeland Security 
submits to Congress a notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current year 
        and through the Future Years Homeland Security Program;
            (3) justification for such change; and
            (4) an analysis of compensation alternatives to such change 
        that were considered by the Department.

    Sec. 529. (a) Any agency receiving funds made available in this Act 
shall, subject to subsections (b) and (c), post on the public website of 
that agency any report required to be submitted by the Committees on 
Appropriations of the Senate and the House of Representatives in this 
Act, upon the determination by the head of the agency that it shall 
serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises homeland or 
        national security; or

[[Page 132 STAT. 630]]

            (2) the report contains proprietary information.

    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the Committees on 
Appropriations of the Senate and the House of Representatives for not 
less than 45 days except as otherwise specified in law.
    Sec. 530. (a) Funding provided in this Act for ``Operations and 
Support'' and funding provided in this Act for ``Coast Guard--Operating 
Expenses'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.
    Sec. 531.  None of the funds made available by this Act may be 
obligated or expended to implement the Arms Trade Treaty until the 
Senate approves a resolution of ratification for the Treaty.
    Sec. 532.  For fiscal year 2018, the Secretary of Homeland Security 
may provide, out of discretionary funds available to the Department of 
Homeland Security, for the primary and secondary schooling of dependents 
of Department of Homeland Security personnel who are stationed outside 
the continental United States and for the transportation of such 
dependents in the same manner and to the same extent that, pursuant to 
section 544 of title 14, United States Code, the Secretary may provide, 
out of funds appropriated to or for the use of the Coast Guard, for the 
primary and secondary schooling of, and the transportation of, 
dependents of Coast Guard personnel stationed outside the continental 
United States:  Provided, That no amounts may be provided from amounts 
that were designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism or as an emergency requirement 
pursuant to a concurrent resolution on the budget or section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 
1985:  Provided further, That no amounts may be provided from amounts 
that were designated by the Congress as being for disaster relief 
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
    Sec. 533.  Within 60 days of any budget submission for the 
Department of Homeland Security for fiscal year 2019 that assumes 
revenues or proposes a reduction from the previous year based on user 
fees proposals that have not been enacted into law prior to the 
submission of the budget, the Secretary of Homeland Security shall 
provide the Committees on Appropriations of the Senate and the House of 
Representatives specific reductions in proposed discretionary budget 
authority commensurate with the revenues assumed in such proposals in 
the event that they are not enacted prior to October 1, 2018.
    Sec. 534. (a) For an additional amount for ``Federal Emergency 
Management Agency--Federal Assistance'', $41,000,000, to remain 
available until September 30, 2019, exclusively for providing 
reimbursement of extraordinary law enforcement personnel costs for 
protection activities directly and demonstrably associated with any 
residence of the President that is designated or identified to be 
secured by the United States Secret Service.
    (b) Funds under subsection (a) shall be available only for costs 
that a State or local agency--
            (1) incurs on or after October 1, 2017, and before October 
        1, 2018;
            (2) can demonstrate to the Administrator as being--

[[Page 132 STAT. 631]]

                    (A) in excess of the costs of normal and typical law 
                enforcement operations;
                    (B) directly attributable to the provision of 
                protection described herein; and
                    (C) associated with a non-governmental property 
                designated or identified to be secured by the United 
                States Secret Service pursuant to section 3 or section 4 
                of the Presidential Protection Assistance Act of 1976 
                (Public Law 94-524); and
            (3) certifies to the Administrator as being for protection 
        activities requested by the Director of the United States Secret 
        Service.

    (c) For purposes of subsection (a), a designation or identification 
of a property to be secured under subsection (b)(2)(C) made after 
incurring otherwise eligible costs shall apply retroactively to October 
1, 2017.
    (d) The Administrator may establish written criteria consistent with 
subsections (a) and (b).
    (e) None of the funds provided shall be for hiring new or additional 
personnel.
    (f) The Inspector General of the Department of Homeland Security 
shall audit reimbursements made under this section.
    Sec. 535. (a) The Secretary of Homeland Security may include in the 
President's budget proposal for Coast Guard for fiscal year 2019, 
submitted pursuant to section 1105(a) of title 31, United States Code, 
and accompanying justification materials, an account structure 
established by section 563 of Division F of the Consolidated 
Appropriations Act, 2016 (Public Law 114-113).
    (b) Not earlier than October 1, 2018, the accounts designated under 
subsection (a) may be established, and the Secretary of Homeland 
Security may execute appropriations of the Department as provided 
pursuant to such subsection, including any continuing appropriations 
made available for fiscal year 2019 before enactment of a regular 
appropriations Act.
    (c) Notwithstanding any other provision of law, the Secretary of 
Homeland Security may transfer any appropriation made available to the 
Department of Homeland Security by any appropriations Acts to the 
accounts created pursuant to subsection (b) to carry out the 
requirements of such subsection, and shall notify the Committees on 
Appropriations of the Senate and the House of Representatives within 5 
days of each transfer.
    (d)(1) Not later than November 1, 2018, the Secretary of Homeland 
Security shall establish the preliminary baseline for application of 
reprogramming and transfer authorities and submit the report specified 
in paragraph (2) to the Committees on Appropriations of the Senate and 
the House of Representatives.
            (2) The report required in this subsection shall include--
                    (A) a delineation of the amount and account of each 
                transfer made pursuant to subsection (b) or (c);
                    (B) a table for each appropriation with a separate 
                column to display the President's budget proposal, 
                adjustments made by Congress, adjustments due to enacted 
                rescissions, if appropriate, adjustments made pursuant 
                to the transfer authority in subsection (b) or (c), and 
                the fiscal year level;
                    (C) a delineation in the table for each 
                appropriation, adjusted as described in paragraph (2), 
                both by budget

[[Page 132 STAT. 632]]

                activity and program, project, and activity as detailed 
                in the Budget Appendix; and
                    (D) an identification of funds directed for a 
                specific activity.

    (e) The Secretary shall not exercise the authority provided in 
subsections (b), (c), and (d) unless, not later than June 1, 2018, the 
Chief Financial Officer has submitted to the Committees on 
Appropriations of the Senate and the House of Representatives--
            (1) technical assistance on new legislative language in the 
        account structure under subsection (a); and
            (2) comparison tables of fiscal years 2017, 2018, and 2019 
        in the account structure under subsection (a).

    Sec. 536. (a) None of the funds appropriated by this or previous 
appropriations Acts or otherwise made available to the Department of 
Homeland Security may be used to establish accounts in the Treasury of 
the United States for the Countering Weapons of Mass Destruction Office 
or the Cybersecurity and Infrastructure Security Agency until Congress 
has enacted a law that specifically authorizes such Office or Agency and 
such authorization identifies the functions that are authorized to be 
transferred to such Office or Agency.
    (b) Subject to the limitation in subsection (a), if Congress enacts 
a law on or after the date of enactment of this Act that specifically 
authorizes the Countering Weapons of Mass Destruction Office or the 
Cybersecurity and Infrastructure Security Agency and such authorization 
identifies the functions that are authorized to be transferred to such 
Office or Agency, the Secretary of Homeland Security may--
            (1) not earlier than October 1, 2018, establish accounts in 
        the Treasury of the United States necessary to carry out the 
        functions of the Office or Agency as authorized;
            (2) execute appropriations of the Department of Homeland 
        Security as provided in subparagraph (1), including any 
        continuing appropriations made available for fiscal year 2019, 
        before enactment of a regular appropriations Act; and
            (3) transfer any funds made available to the Department of 
        Homeland Security by any appropriations Acts to the accounts 
        created in subparagraph (1) for functions that are authorized to 
        be transferred to such Office or Agency and to be used for the 
        purpose of executing authorization of such Office or Agency.

    (c) The authority provided in subsection (b)(3) shall only be 
available if the Secretary has notified the Committees on Appropriations 
of the Senate and the House of Representatives at least 15 days in 
advance of each such transfer.
    Sec. 537.  Section 404 of the Coast Guard Authorization Act of 2010 
(Public Law 111-281; 124 Stat. 2950), as amended, shall be applied in 
subsection (b) by substituting ``September 30, 2018'' for ``September 
30, 2017''.
    Sec. 538. (a) <<NOTE: 6 USC 391 note.>>  Section 831 of the Homeland 
Security Act of 2002 (6 U.S.C. 391) shall be applied--
            (1) In subsection (a), by substituting ``September 30, 
        2018,'' for ``September 30, 2017,''; and
            (2) In subsection (c)(1), by substituting ``September 30, 
        2018,'' for ``September 30, 2017''.

    (b) The Secretary of Homeland Security, under the authority of 
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may 
carry out prototype projects under section 2371b of

[[Page 132 STAT. 633]]

title 10, United States Code, and the Secretary shall perform the 
functions of the Secretary of Defense as prescribed.
    (c) The Secretary of Homeland Security under section 831 of the 
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition 
of nontraditional government contractor as defined in section 2371b(e) 
of title 10, United States Code.

                              (rescissions)

    Sec. 539.  Of the funds appropriated to the Department of Homeland 
Security, the following funds are hereby rescinded from the following 
accounts and programs in the specified amounts:  Provided, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to a concurrent resolution 
on the budget or the Balanced Budget and Emergency Deficit Control Act 
of 1985 (Public Law 99-177):
            (1) $44,557,000 from Public Law 115-31 under the heading 
        ``Transportation Security Administration--Operations and 
        Support'';
            (2) $1,785,697 from Public Law 108-334 under the heading 
        ``Coast Guard--Alteration of Bridges'';
            (3) $1,920,100 from Public Law 109-90 under the heading 
        ``Coast Guard--Alteration of Bridges'';
            (4) $1,791,454 from Public Law 109-295 under the heading 
        ``Coast Guard--Alteration of Bridges'';
            (5) $3,221,594 from Public Law 110-161 under the heading 
        ``Coast Guard--Alteration of Bridges'';
            (6) $3,680,885 from Public Law 111-83 under the heading 
        ``Coast Guard--Alteration of Bridges'';
            (7) $25,000,000 from Public Law 114-113 under the heading 
        ``Coast Guard--Acquisition, Construction, and Improvements'';
            (8) $2,000,000 from Public Law 114-113 under the heading 
        ``Science and Technology--Research, Development, Acquisition, 
        and Operations'';
            (9) $2,000,000 from Public Law 115-31 under the heading 
        ``Science and Technology Directorate--Operations and Support'' 
        account 70 17/18 0800;
            (10) $6,000,000 from Public Law 115-31 under the heading 
        ``Science and Technology Directorate--Research and 
        Development''; and
            (11) $4,307,000 from Public Law 115-31 under the heading 
        ``Intelligence, Analysis, and Operations Coordination--
        Operations and Support''.

                              (rescissions)

    Sec. 540.  Of the funds transferred to the Department of Homeland 
Security when it was created in 2003, the following funds are hereby 
rescinded from the following accounts and programs in the specified 
amounts:
            (1) $66,024 from ``Coast Guard--Acquisition, Construction, 
        and Improvements'' account 70x0613;
            (2) $2,400 from ``Transportation Security Administration--
        Salaries and Expenses'' account 70x0508; and
            (3) $31,948 from ``U.S. Customs and Border Protection'' 
        account 70x0503.

[[Page 132 STAT. 634]]

                              (rescissions)

    Sec. 541.  The following unobligated balances made available to the 
Department of Homeland Security pursuant to section 505 of the 
Department of Homeland Security Appropriations Act, 2017 (Public Law 
115-31) are rescinded:
            (1) $2,941,804 from ``U.S. Customs and Border Protection--
        Operations and Support'';
            (2) $24,337,865 from ``Coast Guard--Operating Expenses'';
            (3) $260,584 from ``Coast Guard--Reserve Training'';
            (4) $308,974 from ``Coast Guard--Acquisition, Construction, 
        and Improvements'';
            (5) $106,894 from ``Federal Emergency Management Agency--
        Operations and Support''; and
            (6) $23,938 from ``Office of Health Affairs--Operations and 
        Support''.

                              (rescission)

    Sec. 542.  From the unobligated balances available in the Department 
of the Treasury Forfeiture Fund established by section 9703 of title 31, 
United States Code (added by section 638 of Public Law 102-393), 
$364,162,000 shall be permanently rescinded not later than September 30, 
2018.
    Sec. 543.  Notwithstanding section 5170c(b)(2)(B)(ii) of title 42, 
United States Code, the Administrator of the Federal Emergency 
Management Agency shall allow flood protection systems constructed in 
2016 on property acquired with hazard mitigation assistance provided 
under section 5170c of title 42, United States Code, in an inadvertent 
violation of the terms and conditions of such assistance to remain in 
place on such property:  Provided, That no new or additional structure 
may be erected on the property unless the new or additional structure 
complies with section 5170c(b)(2)(B)(ii) of title 42, United States 
Code:  Provided further, That this provision does not otherwise excuse 
compliance with all other applicable laws including statutes, executive 
orders, regulations, and program and grant legal requirements pertaining 
to the floodwall structure or the acquired property.
    Sec. 544.  Section 545 of title V of division F of the Consolidated 
Appropriations Act, 2017, as added by section 20607 of title VI of 
subdivision 1 of division B of the Bipartisan Budget Act of 2018, is 
amended to read as follows:
    ``Sec. 545. (a) Premium Pay Authority.--During calendar year 2017, 
any premium pay that is funded, either directly or through 
reimbursement, by the `Federal Emergency Management Agency--Disaster 
Relief Fund' shall be exempted from the aggregate of basic pay and 
premium pay calculated under section 5547(a) of title 5, United States 
Code, and any other provision of law limiting the aggregate amount of 
premium pay payable on a biweekly or calendar year basis.
    ``(b) Overtime Authority.--During calendar year 2017, any overtime 
pay that is funded, either directly or through reimbursement, by the 
`Federal Emergency Management Agency--Disaster Relief Fund' and that is 
payable under an authority outside of title 5, United States Code, shall 
be exempted from any annual limit on the amount of overtime pay payable 
in a calendar or fiscal year.

[[Page 132 STAT. 635]]

    ``(c) Applicability of Aggregate Limitation on Pay.--In determining 
whether an employee's aggregate pay exceeds the applicable annual rate 
of basic pay payable under section 5307 of title 5, United States Code, 
the head of an Executive agency shall not include pay exempted under 
this section.
    ``(d) Limitation of Pay Authority.--
            ``(1) Pay exempted from otherwise applicable limits under 
        subsection (a) or (b) shall not cause the aggregate of basic pay 
        and premium pay for the applicable calendar year to exceed the 
        rate of basic pay payable for a position at level II of the 
        Executive Schedule under section 5313 of title 5, United States 
        Code, as in effect at the end of such calendar year.
            ``(2) For purposes of applying this subsection to an 
        employee who would otherwise be subject to the premium pay 
        limits established under section 5547 of title 5, United States 
        Code, `premium pay' means the premium pay paid under the 
        provisions of law cited in section 5547(a).
            ``(3) For purposes of applying this subsection to an 
        employee under a premium pay limit established under an 
        authority other than section 5547 of title 5, United States 
        Code, the agency responsible for administering such limit shall 
        determine what payments are considered premium pay.

    ``(e) Effective Date.--This section shall take effect as if enacted 
on December 31, 2016.
    ``(f) Treatment of Additional Pay.--If application of this section 
results in the payment of additional premium pay to a covered employee 
of a type that is normally creditable as basic pay for retirement or any 
other purpose, that additional pay shall not--
            ``(1) be considered to be basic pay of the covered employee 
        for any purpose; or
            ``(2) be used in computing a lump-sum payment to the covered 
        employee for accumulated and accrued annual leave under section 
        5551 or section 5552 of title 5, United States Code.''.

    This division may be cited as the ``Department of Homeland Security 
Appropriations Act, 2018''.

DIVISION G--DEPARTMENT <<NOTE: Department of the Interior, Environment, 
   and Related Agencies Appropriations Act, 2018.>>  OF THE INTERIOR, 
ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

                                 TITLE I

                       DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), 
$1,183,043,000, to remain available

[[Page 132 STAT. 636]]

until expended, including all such amounts as are collected from permit 
processing fees, as authorized but made subject to future appropriation 
by section 35(d)(3)(A)(i) of the Mineral Leasing Act (30 U.S.C. 191), 
except that amounts from permit processing fees may be used for any 
bureau-related expenses associated with the processing of oil and gas 
applications for permits to drill and related use of authorizations.
    In addition, $39,696,000 is for Mining Law Administration program 
operations, including the cost of administering the mining claim fee 
program, to remain available until expended, to be reduced by amounts 
collected by the Bureau and credited to this appropriation from mining 
claim maintenance fees and location fees that are hereby authorized for 
fiscal year 2018, so as to result in a final appropriation estimated at 
not more than $1,183,043,000, and $2,000,000, to remain available until 
expended, from communication site rental fees established by the Bureau 
for the cost of administering communication site activities.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) of 
Public Law 94-579, including administrative expenses and acquisition of 
lands or waters, or interests therein, $24,916,000, to be derived from 
the Land and Water Conservation Fund and to remain available until 
expended.

                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing 
connecting roads on or adjacent to such grant lands; $106,985,000, to 
remain available until expended:  Provided, That 25 percent of the 
aggregate of all receipts during the current fiscal year from the 
revested Oregon and California Railroad grant lands is hereby made a 
charge against the Oregon and California land-grant fund and shall be 
transferred to the General Fund in the Treasury in accordance with the 
second paragraph of subsection (b) of title II of the Act of August 28, 
1937 (43 U.S.C. 2605).

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of 
all moneys received during the prior fiscal year under sections 3 and 15 
of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended:  Provided, That not to exceed $600,000 shall 
be available for administrative expenses.

[[Page 132 STAT. 637]]

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28 
of the Mineral Leasing Act (30 U.S.C. 185), to remain available until 
expended: <<NOTE: 43 USC 1735 note.>>   Provided, That notwithstanding 
any provision to the contrary of section 305(a) of Public Law 94-579 (43 
U.S.C. 1735(a)), any moneys that have been or will be received pursuant 
to that section, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to section 305(c) of 
that Act (43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to improve, protect, or 
rehabilitate any public lands administered through the Bureau of Land 
Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used on 
the exact lands damaged which led to the action:  Provided further, That 
any such moneys that are in excess of amounts needed to repair damage to 
the exact land for which funds were collected may be used to repair 
other damaged public lands.

                        miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such 
amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available 
until expended.

                        administrative provisions

    The Bureau of Land Management may carry out the operations funded 
under this Act by direct expenditure, contracts, grants, cooperative 
agreements and reimbursable agreements with public and private entities, 
including with States. Appropriations for the Bureau shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for solely 
on the Secretary's certificate, not to exceed $10,000:  Provided, That 
notwithstanding Public Law 90-620 (44 U.S.C. 501), the Bureau may, under 
cooperative cost-sharing and partnership arrangements authorized by law, 
procure printing services from cooperators in connection with jointly 
produced publications for which the cooperators share the cost of 
printing either in cash or in services, and the Bureau determines the 
cooperator is capable of meeting accepted quality standards:

[[Page 132 STAT. 638]]

 Provided further, That projects to be funded pursuant to a written 
commitment by a State government to provide an identified amount of 
money in support of the project may be carried out by the Bureau on a 
reimbursable basis. Appropriations herein made shall not be available 
for the destruction of healthy, unadopted, wild horses and burros in the 
care of the Bureau or its contractors or for the sale of wild horses and 
burros that results in their destruction for processing into commercial 
products.

                 United States Fish and Wildlife Service

                           resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
general administration, and for the performance of other authorized 
functions related to such resources, $1,279,002,000, to remain available 
until September 30, 2019:  Provided, That not to exceed $18,818,000 
shall be used for implementing subsections (a), (b), (c), and (e) of 
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except 
for processing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement actions described 
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)).

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fish and wildlife 
resources, and the acquisition of lands and interests therein; 
$66,540,000, to remain available until expended.

                            land acquisition

    For expenses necessary to carry out chapter 2003 of title 54, United 
States Code, including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the United States Fish and Wildlife Service, 
$63,839,000, to be derived from the Land and Water Conservation Fund and 
to remain available until expended, of which, notwithstanding section 
200306 of title 54, United States Code, not more than $10,000,000 shall 
be for land conservation partnerships authorized by the Highlands 
Conservation Act of 2004, including not to exceed $320,000 for 
administrative expenses:  Provided, That none of the funds appropriated 
for specific land acquisition projects may be used to pay for any 
administrative overhead, planning or other management costs.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available 
until expended, of which $33,857,000 is to be derived from the 
Cooperative Endangered Species Conservation Fund; and of which 
$19,638,000 is to be derived from the Land and Water Conservation Fund.

[[Page 132 STAT. 639]]

                      national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $13,228,000.

                north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), 
$40,000,000, to remain available until expended.

                 neotropical migratory bird conservation

    For expenses necessary to carry out the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain 
available until expended.

                 multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant 
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and 
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape 
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle 
Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $11,061,000, to 
remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and Indian tribes under the 
provisions of the Fish and Wildlife Act of 1956 and the Fish and 
Wildlife Coordination Act, for the development and implementation of 
programs for the benefit of wildlife and their habitat, including 
species that are not hunted or fished, $63,571,000, to remain available 
until expended:  Provided, That of the amount provided herein, 
$4,209,000 is for a competitive grant program for Indian tribes not 
subject to the remaining provisions of this appropriation:  Provided 
further, That $6,362,000 is for a competitive grant program to implement 
approved plans for States, territories, and other jurisdictions and at 
the discretion of affected States, the regional Associations of fish and 
wildlife agencies, not subject to the remaining provisions of this 
appropriation:  Provided further, That the Secretary shall, after 
deducting $10,571,000 and administrative expenses, apportion the amount 
provided herein in the following manner: (1) to the District of Columbia 
and to the Commonwealth of Puerto Rico, each a sum equal to not more 
than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands, each a sum equal to not more than one-fourth of 1 
percent thereof:  Provided further, That the Secretary shall apportion 
the remaining amount in the following manner: (1) one-third of which is 
based on the ratio to which the land area of such State bears to the 
total land area of all such States; and (2) two-thirds of which is based 
on the ratio to which the population of such State bears to the total 
population of all such States:  Provided further, That the

[[Page 132 STAT. 640]]

amounts apportioned under this paragraph shall be adjusted equitably so 
that no State shall be apportioned a sum which is less than 1 percent of 
the amount available for apportionment under this paragraph for any 
fiscal year or more than 5 percent of such amount:  Provided further, 
That the Federal share of planning grants shall not exceed 75 percent of 
the total costs of such projects and the Federal share of implementation 
grants shall not exceed 65 percent of the total costs of such projects:  
Provided further, That the non-Federal share of such projects may not be 
derived from Federal grant programs:  Provided further, That any amount 
apportioned in 2018 to any State, territory, or other jurisdiction that 
remains unobligated as of September 30, 2019, shall be reapportioned, 
together with funds appropriated in 2020, in the manner provided herein.

                        administrative provisions

    The United States Fish and Wildlife Service may carry out the 
operations of Service programs by direct expenditure, contracts, grants, 
cooperative agreements and reimbursable agreements with public and 
private entities. Appropriations and funds available to the United 
States Fish and Wildlife Service shall be available for repair of damage 
to public roads within and adjacent to reservation areas caused by 
operations of the Service; options for the purchase of land at not to 
exceed $1 for each option; facilities incident to such public 
recreational uses on conservation areas as are consistent with their 
primary purpose; and the maintenance and improvement of aquaria, 
buildings, and other facilities under the jurisdiction of the Service 
and to which the United States has title, and which are used pursuant to 
law in connection with management, and investigation of fish and 
wildlife resources:  Provided, That notwithstanding 44 U.S.C. 501, the 
Service may, under cooperative cost sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share at least one-half the cost of printing either in cash or services 
and the Service determines the cooperator is capable of meeting accepted 
quality standards:  Provided further, That the Service may accept 
donated aircraft as replacements for existing aircraft:  Provided 
further, That notwithstanding 31 U.S.C. 3302, all fees collected for 
non-toxic shot review and approval shall be deposited under the heading 
``United States Fish and Wildlife Service--Resource Management'' and 
shall be available to the Secretary, without further appropriation, to 
be used for expenses of processing of such non-toxic shot type or 
coating applications and revising regulations as necessary, and shall 
remain available until expended.

                          National Park Service

                  operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service and for the general administration of the National Park Service, 
$2,477,969,000, of which $10,032,000 for planning and interagency 
coordination in support of Everglades restoration and $134,461,000 for 
maintenance, repair, or rehabilitation projects for constructed assets 
shall remain available until September 30,

[[Page 132 STAT. 641]]

2019:  Provided, That funds appropriated under this heading in this Act 
are available for the purposes of section 5 of Public Law 95-348.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, and 
grant administration, not otherwise provided for, $63,638,000.

                       historic preservation fund

    For expenses necessary in carrying out the National Historic 
Preservation Act (division A of subtitle III of title 54, United States 
Code), $96,910,000, to be derived from the Historic Preservation Fund 
and to remain available until September 30, 2019, of which $13,000,000 
shall be for Save America's Treasures grants for preservation of 
national significant sites, structures and artifacts as authorized by 
section 7303 of the Omnibus Public Land Management Act of 2009 (54 
U.S.C. 3089):  Provided, That an individual Save America's Treasures 
grant shall be matched by non-Federal funds:  Provided further, That 
individual projects shall only be eligible for one grant:  Provided 
further, That all projects to be funded shall be approved by the 
Secretary of the Interior in consultation with the House and Senate 
Committees on Appropriations:  Provided further, That of the funds 
provided for the Historic Preservation Fund, $500,000 is for competitive 
grants for the survey and nomination of properties to the National 
Register of Historic Places and as National Historic Landmarks 
associated with communities currently under-represented, as determined 
by the Secretary, $13,000,000 is for competitive grants to preserve the 
sites and stories of the Civil Rights movement, $5,000,000 is for grants 
to Historically Black Colleges and Universities, and $5,000,000 is for 
competitive grants for the restoration of historic properties of 
national, State and local significance listed on or eligible for 
inclusion on the National Register of Historic Places, to be made 
without imposing the usage or direct grant restrictions of section 
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation 
Act:  Provided further, That such competitive grants shall be made 
without imposing the matching requirements in section 302902(b)(3) of 
title 54, United States Code, to States and Indian tribes as defined in 
chapter 3003 of such title, Native Hawaiian organizations, local 
governments, including Certified Local Governments, and non-profit 
organizations.

                              construction

    For construction, improvements, repair, or replacement of physical 
facilities, and compliance and planning for programs and areas 
administered by the National Park Service, $359,704,000, to remain 
available until expended:  Provided, That notwithstanding any other 
provision of law, for any project initially funded in fiscal year 2018 
with a future phase indicated in the National Park Service 5-Year Line 
Item Construction Plan, a single procurement may be issued which 
includes the full scope of the project:  Provided further, That the 
solicitation and contract shall contain the clause availability of funds 
found at 48 CFR 52.232-18:  Provided further,

[[Page 132 STAT. 642]]

That National Park Service Donations, Park Concessions Franchise Fees, 
and Recreation Fees may be made available for the cost of adjustments 
and changes within the original scope of effort for projects funded by 
the National Park Service Construction appropriation:  Provided further, 
That the Secretary of the Interior shall consult with the Committees on 
Appropriations, in accordance with current reprogramming thresholds, 
prior to making any charges authorized by this section.

                  land acquisition and state assistance

    For expenses necessary to carry out chapter 2003 of title 54, United 
States Code, including administrative expenses, and for acquisition of 
lands or waters, or interest therein, in accordance with the statutory 
authority applicable to the National Park Service, $180,941,000, to be 
derived from the Land and Water Conservation Fund and to remain 
available until expended, of which $124,006,000 is for the State 
assistance program and of which $10,000,000 shall be for the American 
Battlefield Protection Program grants as authorized by chapter 3081 of 
title 54, United States Code.

                          centennial challenge

    For expenses necessary to carry out the provisions of section 101701 
of title 54, United States Code, relating to challenge cost share 
agreements, $23,000,000, to remain available until expended, for 
Centennial Challenge projects and programs:  Provided, That not less 
than 50 percent of the total cost of each project or program shall be 
derived from non-Federal sources in the form of donated cash, assets, or 
a pledge of donation guaranteed by an irrevocable letter of credit.

                        administrative provisions

                      (including transfer of funds)

    In addition to other uses set forth in section 101917(c)(2) of title 
54, United States Code, franchise fees credited to a sub-account shall 
be available for expenditure by the Secretary, without further 
appropriation, for use at any unit within the National Park System to 
extinguish or reduce liability for Possessory Interest or leasehold 
surrender interest. Such funds may only be used for this purpose to the 
extent that the benefitting unit anticipated franchise fee receipts over 
the term of the contract at that unit exceed the amount of funds used to 
extinguish or reduce liability. Franchise fees at the benefitting unit 
shall be credited to the sub-account of the originating unit over a 
period not to exceed the term of a single contract at the benefitting 
unit, in the amount of funds so expended to extinguish or reduce 
liability.
    For the costs of administration of the Land and Water Conservation 
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico 
Energy Security Act of 2006 (Public Law 109-432), the National Park 
Service may retain up to 3 percent of the amounts which are authorized 
to be disbursed under such section, such retained amounts to remain 
available until expended.
    National Park Service funds may be transferred to the Federal 
Highway Administration (FHWA), Department of Transportation,

[[Page 132 STAT. 643]]

for purposes authorized under 23 U.S.C. 204. Transfers may include a 
reasonable amount for FHWA administrative support costs.

                     United States Geological Survey

                  surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
related purposes as authorized by law; and to publish and disseminate 
data relative to the foregoing activities; $1,148,457,000, to remain 
available until September 30, 2019; of which $78,537,000 shall remain 
available until expended for satellite operations; and of which 
$15,164,000 shall be available until expended for deferred maintenance 
and capital improvement projects that exceed $100,000 in cost:  
Provided, That none of the funds provided for the ecosystem research 
activity shall be used to conduct new surveys on private property, 
unless specifically authorized in writing by the property owner:  
Provided further, That <<NOTE: 43 USC 50.>>  no part of this 
appropriation shall be used to pay more than one-half the cost of 
topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities.

                        administrative provisions

    From within the amount appropriated for activities of the United 
States Geological Survey such sums as are necessary shall be available 
for contracting for the furnishing of topographic maps and for the 
making of geophysical or other specialized surveys when it is 
administratively determined that such procedures are in the public 
interest; construction and maintenance of necessary buildings and 
appurtenant facilities; acquisition of lands for gauging stations, 
observation wells, and seismic equipment; expenses of the United States 
National Committee for Geological Sciences; and payment of compensation 
and expenses of persons employed by the Survey duly appointed to 
represent the United States in the negotiation and administration of 
interstate compacts:  Provided, That activities funded by appropriations 
herein made may be accomplished through the use of contracts, grants, or 
cooperative agreements as defined in section 6302 of title 31, United 
States Code:  Provided further, That the United States Geological Survey 
may enter into contracts or cooperative agreements directly with 
individuals or indirectly with institutions or nonprofit organizations, 
without regard to 41 U.S.C. 6101, for the temporary or intermittent 
services of students or recent graduates, who shall be considered 
employees for the purpose of chapters 57 and 81 of title 5, United 
States Code, relating to compensation for travel and work injuries, and 
chapter 171 of title 28, United States Code, relating to tort

[[Page 132 STAT. 644]]

claims, but shall not be considered to be Federal employees for any 
other purposes.

                    Bureau of Ocean Energy Management

                         ocean energy management

    For expenses necessary for granting leases, easements, rights-of-way 
and agreements for use for oil and gas, other minerals, energy, and 
marine-related purposes on the Outer Continental Shelf and approving 
operations related thereto, as authorized by law; for environmental 
studies, as authorized by law; for implementing other laws and to the 
extent provided by Presidential or Secretarial delegation; and for 
matching grants or cooperative agreements, $171,000,000, of which 
$114,166,000 is to remain available until September 30, 2019, and of 
which $56,834,000 is to remain available until expended:  Provided, That 
this total appropriation shall be reduced by amounts collected by the 
Secretary and credited to this appropriation from additions to receipts 
resulting from increases to lease rental rates in effect on August 5, 
1993, and from cost recovery fees from activities conducted by the 
Bureau of Ocean Energy Management pursuant to the Outer Continental 
Shelf Lands Act, including studies, assessments, analysis, and 
miscellaneous administrative activities:  Provided further, That the sum 
herein appropriated shall be reduced as such collections are received 
during the fiscal year, so as to result in a final fiscal year 2018 
appropriation estimated at not more than $114,166,000:  Provided 
further, That not to exceed $3,000 shall be available for reasonable 
expenses related to promoting volunteer beach and marine cleanup 
activities.

             Bureau of Safety and Environmental Enforcement

              offshore safety and environmental enforcement

    For expenses necessary for the regulation of operations related to 
leases, easements, rights-of-way and agreements for use for oil and gas, 
other minerals, energy, and marine-related purposes on the Outer 
Continental Shelf, as authorized by law; for enforcing and implementing 
laws and regulations as authorized by law and to the extent provided by 
Presidential or Secretarial delegation; and for matching grants or 
cooperative agreements, $136,411,000, of which $108,540,000 is to remain 
available until September 30, 2019, and of which $27,871,000 is to 
remain available until expended:  Provided, That this total 
appropriation shall be reduced by amounts collected by the Secretary and 
credited to this appropriation from additions to receipts resulting from 
increases to lease rental rates in effect on August 5, 1993, and from 
cost recovery fees from activities conducted by the Bureau of Safety and 
Environmental Enforcement pursuant to the Outer Continental Shelf Lands 
Act, including studies, assessments, analysis, and miscellaneous 
administrative activities:  Provided further, That the sum herein 
appropriated shall be reduced as such collections are received during 
the fiscal year, so as to result in a final fiscal year 2018 
appropriation estimated at not more than $108,540,000.
    For an additional amount, $50,000,000, to remain available until 
expended, to be reduced by amounts collected by the Secretary and 
credited to this appropriation, which shall be derived from

[[Page 132 STAT. 645]]

non-refundable inspection fees collected in fiscal year 2018, as 
provided in this Act:  Provided, That to the extent that amounts 
realized from such inspection fees exceed $50,000,000, the amounts 
realized in excess of $50,000,000 shall be credited to this 
appropriation and remain available until expended:  Provided further, 
That for fiscal year 2018, not less than 50 percent of the inspection 
fees expended by the Bureau of Safety and Environmental Enforcement will 
be used to fund personnel and mission-related costs to expand capacity 
and expedite the orderly development, subject to environmental 
safeguards, of the Outer Continental Shelf pursuant to the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), including the 
review of applications for permits to drill.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title IV, 
sections 4202 and 4303, title VII, and title VIII, section 8201 of the 
Oil Pollution Act of 1990, $14,899,000, which shall be derived from the 
Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, 
$115,804,000, to remain available until September 30, 2019:  Provided, 
That <<NOTE: 30 USC 1211 note.>>  appropriations for the Office of 
Surface Mining Reclamation and Enforcement may provide for the travel 
and per diem expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored training.

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

                     abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, $24,672,000, to 
be derived from receipts of the Abandoned Mine Reclamation Fund and to 
remain available until expended:  Provided, That pursuant to Public Law 
97-365, the Department of the Interior is authorized to use up to 20 
percent from the recovery of the delinquent debt owed to the United 
States Government to pay for contracts to collect these debts:  Provided 
further, That funds made available under title IV of Public Law 95-87 
may be used for any required non-Federal share of the cost of projects 
funded by the Federal Government for the purpose of environmental 
restoration related to treatment or abatement of acid mine drainage from 
abandoned mines:  Provided further, That such projects must

[[Page 132 STAT. 646]]

be consistent with the purposes and priorities of the Surface Mining 
Control and Reclamation Act:  Provided further, That amounts provided 
under this heading may be used for the travel and per diem expenses of 
State and tribal personnel attending Office of Surface Mining 
Reclamation and Enforcement sponsored training.
    In addition, $115,000,000, to remain available until expended, for 
grants to States and federally recognized Indian Tribes for reclamation 
of abandoned mine lands and other related activities in accordance with 
the terms and conditions in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act): 
 Provided, That such additional amount shall be used for economic and 
community development in conjunction with the priorities in section 
403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1233(a)):  Provided further, That of such additional amount, 
$75,000,000 shall be distributed in equal amounts to the 3 Appalachian 
States with the greatest amount of unfunded needs to meet the priorities 
described in paragraphs (1) and (2) of such section, $30,000,000 shall 
be distributed in equal amounts to the 3 Appalachian States with the 
subsequent greatest amount of unfunded needs to meet such priorities, 
and $10,000,000 shall be for grants to federally recognized Indian 
Tribes without regard to their status as certified or uncertified under 
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1233(a)), for reclamation of abandoned mine lands and other related 
activities in accordance with the terms and conditions in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act) and shall be used for economic and 
community development in conjunction with the priorities in section 
403(a) of the Surface Mining Control and Reclamation Act of 1977:  
Provided further, That such additional amount shall be allocated to 
States and Indian Tribes within 60 days after the date of enactment of 
this Act.

         Bureau of Indian Affairs and Bureau of Indian Education

                      operation of indian programs

                      (including transfer of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 5301 et seq.), the Education Amendments of 1978 (25 
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.), $2,411,200,000, to remain available until 
September 30, 2019, except as otherwise provided herein; of which not to 
exceed $8,500 may be for official reception and representation expenses; 
of which not to exceed $76,000,000 shall be for welfare assistance 
payments:  Provided, That in cases of designated Federal disasters, the 
Secretary may exceed such cap, from the amounts provided herein, to 
provide for disaster relief to Indian communities affected by the 
disaster:  Provided further, That federally recognized Indian tribes and 
tribal organizations of federally recognized Indian tribes may use their 
tribal priority allocations for unmet welfare assistance costs:  
Provided further, That not to exceed $673,425,000 for school operations 
costs of Bureau-funded schools and other education programs shall

[[Page 132 STAT. 647]]

become available on July 1, 2018, and shall remain available until 
September 30, 2019:  Provided further, That not to exceed $53,991,000 
shall remain available until expended for housing improvement, road 
maintenance, attorney fees, litigation support, land records 
improvement, and the Navajo-Hopi Settlement Program:  Provided further, 
That notwithstanding any other provision of law, including but not 
limited to the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et 
seq.) and section 1128 of the Education Amendments of 1978 (25 U.S.C. 
2008), not to exceed $81,036,000 within and only from such amounts made 
available for school operations shall be available for administrative 
cost grants associated with grants approved prior to July 1, 2018:  
Provided further, That any forestry funds allocated to a federally 
recognized tribe which remain unobligated as of September 30, 2019, may 
be transferred during fiscal year 2020 to an Indian forest land 
assistance account established for the benefit of the holder of the 
funds within the holder's trust fund account:  Provided further, That 
any such unobligated balances not so transferred shall expire on 
September 30, 2020:  Provided further, That in order to enhance the 
safety of Bureau field employees, the Bureau may use funds to purchase 
uniforms or other identifying articles of clothing for personnel:  
Provided further, That the Bureau of Indian Affairs may accept transfers 
of funds from U.S. Customs and Border Protection to supplement any other 
funding available for reconstruction or repair of roads owned by the 
Bureau of Indian Affairs as identified on the National Tribal 
Transportation Facility Inventory, 23 U.S.C. 202(b)(1).

                         contract support costs

    For payments to tribes and tribal organizations for contract support 
costs associated with Indian Self-Determination and Education Assistance 
Act agreements with the Bureau of Indian Affairs for fiscal year 2018, 
such sums as may be necessary, which shall be available for obligation 
through September 30, 2019:  Provided, That notwithstanding any other 
provision of law, no amounts made available under this heading shall be 
available for transfer to another budget account.

                              construction

                      (including transfer of funds)

    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483; $354,113,000, to remain available until expended:  
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation:  Provided further, That not to exceed 6 percent of contract 
authority available to the Bureau of Indian Affairs from the Federal 
Highway Trust Fund may be used to cover the road program management 
costs of the Bureau:  Provided further, That any funds provided for the 
Safety of Dams program pursuant to the Act of November 2, 1921 (25 
U.S.C. 13), shall be made available on a nonreimbursable basis:

[[Page 132 STAT. 648]]

 Provided further, That for fiscal year 2018, in implementing new 
construction, replacement facilities construction, or facilities 
improvement and repair project grants in excess of $100,000 that are 
provided to grant schools under Public Law 100-297, the Secretary of the 
Interior shall use the Administrative and Audit Requirements and Cost 
Principles for Assistance Programs contained in part 12 of title 43, 
Code of Federal Regulations, as the regulatory requirements:  Provided 
further, That such grants shall not be subject to section 12.61 of title 
43, Code of Federal Regulations; the Secretary and the grantee shall 
negotiate and determine a schedule of payments for the work to be 
performed:  Provided further, That in considering grant applications, 
the Secretary shall consider whether such grantee would be deficient in 
assuring that the construction projects conform to applicable building 
standards and codes and Federal, tribal, or State health and safety 
standards as required by section 1125(b) of title XI of Public Law 95-
561 (25 U.S.C. 2005(b)), with respect to organizational and financial 
management capabilities:  Provided further, That if the Secretary 
declines a grant application, the Secretary shall follow the 
requirements contained in section 5206(f) of Public Law 100-297 (25 
U.S.C. 2504(f)):  Provided further, That any disputes between the 
Secretary and any grantee concerning a grant shall be subject to the 
disputes provision in section 5208(e) of Public Law 107-110 (25 U.S.C. 
2507(e)):  Provided further, That in order to ensure timely completion 
of construction projects, the Secretary may assume control of a project 
and all funds related to the project, if, within 18 months of the date 
of enactment of this Act, any grantee receiving funds appropriated in 
this Act or in any prior Act, has not completed the planning and design 
phase of the project and commenced construction:  Provided further, That 
this appropriation may be reimbursed from the Office of the Special 
Trustee for American Indians appropriation for the appropriate share of 
construction costs for space expansion needed in agency offices to meet 
trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                 indians

    For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursuant to 
Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and 
for implementation of other land and water rights settlements, 
$55,457,000, to remain available until expended.

                 indian guaranteed loan program account

    For the cost of guaranteed loans and insured loans, $9,272,000, of 
which $1,252,000 is for administrative expenses, as authorized by the 
Indian Financing Act of 1974:  Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That these funds 
are available to subsidize total loan principal, any part of which is to 
be guaranteed or insured, not to exceed $123,565,389.

[[Page 132 STAT. 649]]

                        administrative provisions

                     (including rescission of funds)

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts, and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of 
Indian Affairs may contract for services in support of the management, 
operation, and maintenance of the Power Division of the San Carlos 
Irrigation Project.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office oversight and Executive 
Direction and Administrative Services (except executive direction and 
administrative services funding for Tribal Priority Allocations, 
regional offices, and facilities operations and maintenance) shall be 
available for contracts, grants, compacts, or cooperative agreements 
with the Bureau of Indian Affairs under the provisions of the Indian 
Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public 
Law 103-413).
    In the event any tribe returns appropriations made available by this 
Act to the Bureau of Indian Affairs, this action shall not diminish the 
Federal Government's trust responsibility to that tribe, or the 
government-to-government relationship between the United States and that 
tribe, or that tribe's ability to access future appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Education, other than the amounts provided herein 
for assistance to public schools under 25 U.S.C. 452 et seq., shall be 
available to support the operation of any elementary or secondary school 
in the State of Alaska.
    No funds available to the Bureau of Indian Education shall be used 
to support expanded grades for any school or dormitory beyond the grade 
structure in place or approved by the Secretary of the Interior at each 
school in the Bureau of Indian Education school system as of October 1, 
1995, except that the Secretary of the Interior may waive this 
prohibition to support expansion of up to one additional grade when the 
Secretary determines such waiver is needed to support accomplishment of 
the mission of the Bureau of Indian Education, or more than one grade to 
expand the elementary grade structure for Bureau-funded schools with a 
K-2 grade structure on October 1, 1996. Appropriations made available in 
this or any prior Act for schools funded by the Bureau shall be 
available, in accordance with the Bureau's funding formula, only to the 
schools in the Bureau school system as of September 1, 1996, and to any 
school or school program that was reinstated in fiscal year 2012. Funds 
made available under this Act may not be used to establish a charter 
school at a Bureau-funded school (as that term is defined in section 
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that 
a charter school that is in existence on the date of the enactment of 
this Act and that has operated at a Bureau-funded school before 
September 1, 1999, may continue to operate during that period, but only 
if the charter school pays to the Bureau a pro rata share of funds to 
reimburse the Bureau for the use of the real and personal property 
(including buses and vans), the funds of the charter school are kept 
separate

[[Page 132 STAT. 650]]

and apart from Bureau funds, and the Bureau does not assume any 
obligation for charter school programs of the State in which the school 
is located if the charter school loses such funding. Employees of 
Bureau-funded schools sharing a campus with a charter school and 
performing functions related to the charter school's operation and 
employees of a charter school shall not be treated as Federal employees 
for purposes of chapter 171 of title 28, United States Code.
    Notwithstanding any other provision of law, including section 113 of 
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or 
2004 a grantee received indirect and administrative costs pursuant to a 
distribution formula based on section 5(f) of Public Law 101-301, the 
Secretary shall continue to distribute indirect and administrative cost 
funds to such grantee using the section 5(f) distribution formula.
    Funds available under this Act may not be used to establish 
satellite locations of schools in the Bureau school system as of 
September 1, 1996, except that the Secretary may waive this prohibition 
in order for an Indian tribe to provide language and cultural immersion 
educational programs for non-public schools located within the 
jurisdictional area of the tribal government which exclusively serve 
tribal members, do not include grades beyond those currently served at 
the existing Bureau-funded school, provide an educational environment 
with educator presence and academic facilities comparable to the Bureau-
funded school, comply with all applicable Tribal, Federal, or State 
health and safety standards, and the Americans with Disabilities Act, 
and demonstrate the benefits of establishing operations at a satellite 
location in lieu of incurring extraordinary costs, such as for 
transportation or other impacts to students such as those caused by 
busing students extended distances:  Provided, That no funds available 
under this Act may be used to fund operations, maintenance, 
rehabilitation, construction or other facilities-related costs for such 
assets that are not owned by the Bureau:  Provided further, That the 
term ``satellite school'' means a school location physically separated 
from the existing Bureau school by more than 50 miles but that forms 
part of the existing school in all other respects.
    Of the prior year unobligated balances available for the ``Operation 
of Indian Programs'' account, $8,000,000 are permanently rescinded.

                          Departmental Offices

                         Office of the Secretary

                         departmental operations

    For necessary expenses for management of the Department of the 
Interior and for grants and cooperative agreements, as authorized by 
law, $124,182,000, to remain available until September 30, 2019; of 
which not to exceed $15,000 may be for official reception and 
representation expenses; and of which up to $1,000,000 shall be 
available for workers compensation payments and unemployment 
compensation payments associated with the orderly closure of the United 
States Bureau of Mines; and of which $10,242,000 for the Office of 
Valuation Services is to be derived

[[Page 132 STAT. 651]]

from the Land and Water Conservation Fund and shall remain available 
until expended.

                        administrative provisions

    For fiscal year 2018, up to $400,000 of the payments authorized by 
chapter 69 of title 31, United States Code, may be retained for 
administrative expenses of the Payments in Lieu of Taxes Program:  
Provided, That the amounts provided under this Act specifically for the 
Payments in Lieu of Taxes program are the only amounts available for 
payments authorized under chapter 69 of title 31, United States Code:  
Provided further <<NOTE: 31 USC 6093 note.>> , That in the event the 
sums appropriated for any fiscal year for payments pursuant to this 
chapter are insufficient to make the full payments authorized by that 
chapter to all units of local government, then the payment to each local 
government shall be made proportionally:  Provided further, That the 
Secretary may make adjustments to payment to individual units of local 
government to correct for prior overpayments or underpayments:  Provided 
further, That no payment shall be made pursuant to that chapter to 
otherwise eligible units of local government if the computed amount of 
the payment is less than $100.

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior and other jurisdictions 
identified in section 104(e) of Public Law 108-188, $96,870,000, of 
which: (1) $87,422,000 shall remain available until expended for 
territorial assistance, including general technical assistance, 
maintenance assistance, disaster assistance, coral reef initiative 
activities, and brown tree snake control and research; grants to the 
judiciary in American Samoa for compensation and expenses, as authorized 
by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa, 
in addition to current local revenues, for construction and support of 
governmental functions; grants to the Government of the Virgin Islands, 
as authorized by law; grants to the Government of Guam, as authorized by 
law; and grants to the Government of the Northern Mariana Islands, as 
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $9,448,000 
shall be available until September 30, 2019, for salaries and expenses 
of the Office of Insular Affairs:  Provided, <<NOTE: 42 USC 
1469b.>> That all financial transactions of the territorial and local 
governments herein provided for, including such transactions of all 
agencies or instrumentalities established or used by such governments, 
may be audited by the Government Accountability Office, at its 
discretion, in accordance with chapter 35 of title 31, United States 
Code:  Provided further, That Northern Mariana Islands Covenant grant 
funding shall be provided according to those terms of the Agreement of 
the Special Representatives on Future United States Financial Assistance 
for the Northern Mariana Islands approved by Public Law 104-134:  
Provided further, That the funds for the program of operations and 
maintenance improvement are appropriated to institutionalize routine 
operations and maintenance improvement of capital infrastructure with 
territorial participation and cost sharing to be determined by the 
Secretary based on the grantee's commitment to

[[Page 132 STAT. 652]]

timely maintenance of its capital assets:  Provided further, That any 
appropriation for disaster assistance under this heading in this Act or 
previous appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant to section 
404 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170c).

                       compact of free association

    For grants and necessary expenses, $3,363,000, to remain available 
until expended, as provided for in sections 221(a)(2) and 233 of the 
Compact of Free Association for the Republic of Palau; and section 
221(a)(2) of the Compacts of Free Association for the Government of the 
Republic of the Marshall Islands and the Federated States of Micronesia, 
as authorized by Public Law 99-658 and Public Law 108-188.

                        Administrative Provisions

                      (including transfer of funds)

    At the request of the Governor of Guam, the Secretary may transfer 
discretionary funds or mandatory funds provided under section 104(e) of 
Public Law 108-188 and Public Law 104-134, that are allocated for Guam, 
to the Secretary of Agriculture for the subsidy cost of direct or 
guaranteed loans, plus not to exceed three percent of the amount of the 
subsidy transferred for the cost of loan administration, for the 
purposes authorized by the Rural Electrification Act of 1936 and section 
306(a)(1) of the Consolidated Farm and Rural Development Act for 
construction and repair projects in Guam, and such funds shall remain 
available until expended:  Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That such loans or 
loan guarantees may be made without regard to the population of the 
area, credit elsewhere requirements, and restrictions on the types of 
eligible entities under the Rural Electrification Act of 1936 and 
section 306(a)(1) of the Consolidated Farm and Rural Development Act:  
Provided further, That any funds transferred to the Secretary of 
Agriculture shall be in addition to funds otherwise made available to 
make or guarantee loans under such authorities.

                         Office of the Solicitor

                          salaries and expenses

    For necessary expenses of the Office of the Solicitor, $66,675,000.

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$51,023,000.

[[Page 132 STAT. 653]]

           Office of the Special Trustee for American Indians

                         federal trust programs

                      (including transfer of funds)

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$119,400,000, to remain available until expended, of which not to exceed 
$18,990,000 from this or any other Act, may be available for historical 
accounting:  Provided, That funds for trust management improvements and 
litigation support may, as needed, be transferred to or merged with the 
Bureau of Indian Affairs and Bureau of Indian Education, ``Operation of 
Indian Programs'' account; the Office of the Solicitor, ``Salaries and 
Expenses'' account; and the Office of the Secretary, ``Departmental 
Operations'' account:  Provided further, That funds made available 
through contracts or grants obligated during fiscal year 2018, as 
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 
et seq.), shall remain available until expended by the contractor or 
grantee:  Provided further, That notwithstanding any other provision of 
law, the Secretary shall not be required to provide a quarterly 
statement of performance for any Indian trust account that has not had 
activity for at least 15 months and has a balance of $15 or less:  
Provided further, That the Secretary shall issue an annual account 
statement and maintain a record of any such accounts and shall permit 
the balance in each such account to be withdrawn upon the express 
written request of the account holder:  Provided further, That not to 
exceed $50,000 is available for the Secretary to make payments to 
correct administrative errors of either disbursements from or deposits 
to Individual Indian Money or Tribal accounts after September 30, 2002:  
Provided further, That erroneous payments that are recovered shall be 
credited to and remain available in this account for this purpose:  
Provided further, That the Secretary shall not be required to reconcile 
Special Deposit Accounts with a balance of less than $500 unless the 
Office of the Special Trustee receives proof of ownership from a Special 
Deposit Accounts claimant:  Provided further, That notwithstanding 
section 102 of the American Indian Trust Fund Management Reform Act of 
1994 (Public Law 103-412) or any other provision of law, the Secretary 
may aggregate the trust accounts of individuals whose whereabouts are 
unknown for a continuous period of at least five years and shall not be 
required to generate periodic statements of performance for the 
individual accounts:  Provided further, That with respect to the eighth 
proviso, the Secretary shall continue to maintain sufficient records to 
determine the balance of the individual accounts, including any accrued 
interest and income, and such funds shall remain available to the 
individual account holders.

                        Department-Wide Programs

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for fire preparedness, fire suppression 
operations, fire science and research, emergency rehabilitation, fuels 
management activities, and rural fire assistance by the Department

[[Page 132 STAT. 654]]

of the Interior, $948,087,000, to remain available until expended, of 
which not to exceed $18,427,000 shall be for the renovation or 
construction of fire facilities:  Provided, That such funds are also 
available for repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes:  Provided 
further, That of the funds provided $184,000,000 is for fuels management 
activities:  Provided further, That of the funds provided $20,470,000 is 
for burned area rehabilitation:  Provided further, That persons hired 
pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging 
without cost from funds available from this appropriation:  Provided 
further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau 
or office of the Department of the Interior for fire protection rendered 
pursuant to 42 U.S.C. 1856 et seq., protection of United States 
property, may be credited to the appropriation from which funds were 
expended to provide that protection, and are available without fiscal 
year limitation:  Provided further, That using the amounts designated 
under this title of this Act, the Secretary of the Interior may enter 
into procurement contracts, grants, or cooperative agreements, for fuels 
management activities, and for training and monitoring associated with 
such fuels management activities on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal land:  
Provided further, That the costs of implementing any cooperative 
agreement between the Federal Government and any non-Federal entity may 
be shared, as mutually agreed on by the affected parties:  Provided 
further, That notwithstanding requirements of the Competition in 
Contracting Act, the Secretary, for purposes of fuels management 
activities, may obtain maximum practicable competition among: (1) local 
private, nonprofit, or cooperative entities; (2) Youth Conservation 
Corps crews, Public Lands Corps (Public Law 109-154), or related 
partnerships with State, local, or nonprofit youth groups; (3) small or 
micro-businesses; or (4) other entities that will hire or train locally 
a significant percentage, defined as 50 percent or more, of the project 
workforce to complete such contracts:  Provided further, That in 
implementing this section, the Secretary shall develop written guidance 
to field units to ensure accountability and consistent application of 
the authorities provided herein:  Provided further, That funds 
appropriated under this heading may be used to reimburse the United 
States Fish and Wildlife Service and the National Marine Fisheries 
Service for the costs of carrying out their responsibilities under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
conference, as required by section 7 of such Act, in connection with 
wildland fire management activities:  Provided further, That the 
Secretary of the Interior may use wildland fire appropriations to enter 
into leases of real property with local governments, at or below fair 
market value, to construct capitalized improvements for fire facilities 
on such leased properties, including but not limited to fire guard 
stations, retardant stations, and other initial attack and fire support 
facilities, and to make advance payments for any such lease or for 
construction activity associated with the lease:  Provided further, That 
the Secretary of the Interior and the Secretary of Agriculture may 
authorize the transfer of funds appropriated for wildland fire 
management, in an aggregate amount not to exceed $50,000,000, between 
the Departments when such transfers would facilitate and expedite 
wildland fire management programs and projects:  Provided further, That 
funds provided

[[Page 132 STAT. 655]]

for wildfire suppression shall be available for support of Federal 
emergency response actions:  Provided further, That funds appropriated 
under this heading shall be available for assistance to or through the 
Department of State in connection with forest and rangeland research, 
technical information, and assistance in foreign countries, and, with 
the concurrence of the Secretary of State, shall be available to support 
forestry, wildland fire management, and related natural resource 
activities outside the United States and its territories and 
possessions, including technical assistance, education and training, and 
cooperation with United States and international organizations.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the response action, including 
associated activities, performed pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 
et seq.), $10,010,000, to remain available until expended.

           Natural Resource Damage Assessment and Restoration

                 natural resource damage assessment fund

    To conduct natural resource damage assessment, restoration 
activities, and onshore oil spill preparedness by the Department of the 
Interior necessary to carry out the provisions of the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 
U.S.C. 100721 et seq., $7,767,000, to remain available until expended.

                          working capital fund

    For the operation and maintenance of a departmental financial and 
business management system, information technology improvements of 
general benefit to the Department, cybersecurity, and the consolidation 
of facilities and operations throughout the Department, $62,370,000, to 
remain available until expended:  Provided, That none of the funds 
appropriated in this Act or any other Act may be used to establish 
reserves in the Working Capital Fund account other than for accrued 
annual leave and depreciation of equipment without prior approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate:  Provided further, That the Secretary may assess reasonable 
charges to State, local and tribal government employees for training 
services provided by the National Indian Program Training Center, other 
than training related to Public Law 93-638:  Provided further, That the 
Secretary may lease or otherwise provide space and related facilities, 
equipment or professional services of the National Indian Program 
Training Center to State, local and tribal government employees or 
persons or organizations engaged in cultural, educational, or 
recreational activities (as defined in section 3306(a) of title 40, 
United States Code) at the prevailing rate for similar space, 
facilities, equipment, or services in the vicinity of the National 
Indian Program Training Center:  Provided further, That

[[Page 132 STAT. 656]]

all funds received pursuant to the two preceding provisos shall be 
credited to this account, shall be available until expended, and shall 
be used by the Secretary for necessary expenses of the National Indian 
Program Training Center:  Provided further, That the Secretary may enter 
into grants and cooperative agreements to support the Office of Natural 
Resource Revenue's collection and disbursement of royalties, fees, and 
other mineral revenue proceeds, as authorized by law.

                        administrative provision

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, aircraft which may be obtained by 
donation, purchase or through available excess surplus property:  
Provided, That existing aircraft being replaced may be sold, with 
proceeds derived or trade-in value used to offset the purchase price for 
the replacement aircraft.

                   office of natural resources revenue

    For necessary expenses for management of the collection and 
disbursement of royalties, fees, and other mineral revenue proceeds, and 
for grants and cooperative agreements, as authorized by law, 
$137,757,000, to remain available until September 30, 2019; of which 
$41,727,000 shall remain available until expended for the purpose of 
mineral revenue management activities:  Provided, That notwithstanding 
any other provision of law, $15,000 shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Secretary concurred with the claimed refund due, to pay amounts owed to 
Indian allottees or tribes, or to correct prior unrecoverable erroneous 
payments.

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

    Sec. 101.  Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes:  Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted:  Provided further, That all funds used pursuant to this 
section must be replenished by a supplemental appropriation, which must 
be requested as promptly as possible.

              emergency transfer authority--department-wide

    Sec. 102.  The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-

[[Page 132 STAT. 657]]

over lands under its jurisdiction; for emergency actions related to 
potential or actual earthquakes, floods, volcanoes, storms, or other 
unavoidable causes; for contingency planning subsequent to actual oil 
spills; for response and natural resource damage assessment activities 
related to actual oil spills or releases of hazardous substances into 
the environment; for the prevention, suppression, and control of actual 
or potential grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for emergency 
reclamation projects under section 410 of Public Law 95-87; and shall 
transfer, from any no year funds available to the Office of Surface 
Mining Reclamation and Enforcement, such funds as may be necessary to 
permit assumption of regulatory authority in the event a primacy State 
is not carrying out the regulatory provisions of the Surface Mining Act: 
 Provided, That appropriations made in this title for wildland fire 
operations shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to other Federal 
agencies for destruction of vehicles, aircraft, or other equipment in 
connection with their use for wildland fire operations, with such 
reimbursement to be credited to appropriations currently available at 
the time of receipt thereof:  Provided further, That for wildland fire 
operations, no funds shall be made available under this authority until 
the Secretary determines that funds appropriated for ``wildland fire 
suppression'' shall be exhausted within 30 days:  Provided further, That 
all funds used pursuant to this section must be replenished by a 
supplemental appropriation, which must be requested as promptly as 
possible:  Provided further, That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts from which emergency funds 
were transferred.

                         authorized use of funds

    Sec. 103.  Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by section 3109 
of title 5, United States Code, when authorized by the Secretary, in 
total amount not to exceed $500,000; purchase and replacement of motor 
vehicles, including specially equipped law enforcement vehicles; hire, 
maintenance, and operation of aircraft; hire of passenger motor 
vehicles; purchase of reprints; payment for telephone service in private 
residences in the field, when authorized under regulations approved by 
the Secretary; and the payment of dues, when authorized by the 
Secretary, for library membership in societies or associations which 
issue publications to members only or at a price to members lower than 
to subscribers who are not members.

            authorized use of funds, indian trust management

    Sec. 104.  Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Bureau of Indian Education, and Office of the 
Special Trustee for American Indians and any unobligated balances from 
prior appropriations Acts made under the same headings shall be 
available for expenditure or transfer for Indian trust management and 
reform activities. Total funding for historical accounting activities 
shall not exceed amounts specifically designated in this Act for such 
purpose.

[[Page 132 STAT. 658]]

            redistribution of funds, bureau of indian affairs

    Sec. 105.  Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in Tribal 
Priority Allocation funds of more than 10 percent in fiscal year 2018. 
Under circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent limitation does 
not apply.

                  ellis, governors, and liberty islands

    Sec. 106.  Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to acquire lands, waters, or interests 
therein including the use of all or part of any pier, dock, or landing 
within the State of New York and the State of New Jersey, for the 
purpose of operating and maintaining facilities in the support of 
transportation and accommodation of visitors to Ellis, Governors, and 
Liberty Islands, and of other program and administrative activities, by 
donation or with appropriated funds, including franchise fees (and other 
monetary consideration), or by exchange; and the Secretary is authorized 
to negotiate and enter into leases, subleases, concession contracts or 
other agreements for the use of such facilities on such terms and 
conditions as the Secretary may determine reasonable.

                 outer continental shelf inspection fees

    Sec. 107. (a) In fiscal year 2018, the Secretary shall collect a 
nonrefundable inspection fee, which shall be deposited in the ``Offshore 
Safety and Environmental Enforcement'' account, from the designated 
operator for facilities subject to inspection under 43 U.S.C. 1348(c).
    (b) Annual fees shall be collected for facilities that are above the 
waterline, excluding drilling rigs, and are in place at the start of the 
fiscal year. Fees for fiscal year 2018 shall be:
            (1) $10,500 for facilities with no wells, but with 
        processing equipment or gathering lines;
            (2) $17,000 for facilities with 1 to 10 wells, with any 
        combination of active or inactive wells; and
            (3) $31,500 for facilities with more than 10 wells, with any 
        combination of active or inactive wells.

    (c) Fees for drilling rigs shall be assessed for all inspections 
completed in fiscal year 2018. Fees for fiscal year 2018 shall be:
            (1) $30,500 per inspection for rigs operating in water 
        depths of 500 feet or more; and
            (2) $16,700 per inspection for rigs operating in water 
        depths of less than 500 feet.

    (d) The Secretary shall bill designated operators under subsection 
(b) within 60 days, with payment required within 30 days of billing. The 
Secretary shall bill designated operators under subsection (c) within 30 
days of the end of the month in which the inspection occurred, with 
payment required within 30 days of billing.

[[Page 132 STAT. 659]]

     bureau of ocean energy management, regulation and enforcement 
                             reorganization

    Sec. 108.  The Secretary of the Interior, in order to implement a 
reorganization of the Bureau of Ocean Energy Management, Regulation and 
Enforcement, may transfer funds among and between the successor offices 
and bureaus affected by the reorganization only in conformance with the 
reprogramming guidelines described in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

  contracts and agreements for wild horse and burro holding facilities

    Sec. 109. <<NOTE: 16 USC 1336 note.>>   Notwithstanding any other 
provision of this Act, the Secretary of the Interior may enter into 
multiyear cooperative agreements with nonprofit organizations and other 
appropriate entities, and may enter into multiyear contracts in 
accordance with the provisions of section 3903 of title 41, United 
States Code (except that the 5-year term restriction in subsection (a) 
shall not apply), for the long-term care and maintenance of excess wild 
free roaming horses and burros by such organizations or entities on 
private land. Such cooperative agreements and contracts may not exceed 
10 years, subject to renewal at the discretion of the Secretary.

                        mass marking of salmonids

    Sec. 110.  The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from federally operated 
or federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.

                   exhaustion of administrative review

    Sec. 111.  Paragraph (1) of section 122(a) of division E of Public 
Law 112-74 (125 Stat. 1013) is amended by striking ``through 2020,'' in 
the first sentence and inserting ``through 2022,''.

              contracts and agreements with indian affairs

    Sec. 112.  Notwithstanding any other provision of law, during fiscal 
year 2018, in carrying out work involving cooperation with State, local, 
and tribal governments or any political subdivision thereof, Indian 
Affairs may record obligations against accounts receivable from any such 
entities, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the end of the 
fiscal year.

                    humane transfer of excess animals

    Sec. 113.  Notwithstanding any other provision of law, the Secretary 
of the Interior may transfer excess wild horses or burros that have been 
removed from the public lands to other Federal, State, and local 
government agencies for use as work animals:

[[Page 132 STAT. 660]]

 Provided, That the Secretary may make any such transfer immediately 
upon request of such Federal, State, or local government agency:  
Provided further, That any excess animal transferred under this 
provision shall lose its status as a wild free-roaming horse or burro as 
defined in the Wild Free-Roaming Horses and Burros Act:  Provided 
further, That any Federal, State, or local government agency receiving 
excess wild horses or burros as authorized in this section shall not: 
destroy the horses or burros in a way that results in their destruction 
into commercial products; sell or otherwise transfer the horses or 
burros in a way that results in their destruction for processing into 
commercial products; or euthanize the horses or burros except upon the 
recommendation of a licensed veterinarian, in cases of severe injury, 
illness, or advanced age.

                            republic of palau

    Sec. 114.  There is appropriated $123,824,000 for an additional 
amount for ``Compact of Free Association'', which shall remain available 
until expended for use in meeting the financial obligations of the 
Government of the United States under the Agreement between the 
Government of the United States of America and the Government of the 
Republic of Palau Following the Compact of Free Association Section 432 
Review, signed on September 3, 2010, with the funding schedule therein 
modified by the Parties as necessary and appropriate (``Compact Review 
Agreement''):  Provided, That funds may not be made available under this 
section prior to the Compact Review Agreement and its appendices 
entering into force.

         department of the interior experienced services program

    Sec. 115. (a) Notwithstanding any other provision of law relating to 
Federal grants and cooperative agreements, the Secretary of the Interior 
is authorized to make grants to, or enter into cooperative agreements 
with, private nonprofit organizations designated by the Secretary of 
Labor under title V of the Older Americans Act of 1965 to utilize the 
talents of older Americans in programs authorized by other provisions of 
law administered by the Secretary and consistent with such provisions of 
law.
    (b) Prior to awarding any grant or agreement under subsection (a), 
the Secretary shall ensure that the agreement would not--
            (1) result in the displacement of individuals currently 
        employed by the Department, including partial displacement 
        through reduction of non-overtime hours, wages, or employment 
        benefits;
            (2) result in the use of an individual under the Department 
        of the Interior Experienced Services Program for a job or 
        function in a case in which a Federal employee is in a layoff 
        status from the same or substantially equivalent job within the 
        Department; or
            (3) affect existing contracts for services.

                        jay s. hammond wilderness

    Sec. 116. <<NOTE: 16 USC 1132 note.>>  (a) Designation.--The 
approximately 2,600,000 acres of National Wilderness Preservation System 
land located within the Lake Clark National Park and Preserve designated 
by section 701(6) of the Alaska National Interest Lands Conservation Act

[[Page 132 STAT. 661]]

(16 U.S.C. 1132 note; Public Law 96-487) shall be known and designated 
as the ``Jay S. Hammond Wilderness''.

    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the wilderness area 
referred to in subsection (a) shall be deemed to be a reference to the 
``Jay S. Hammond Wilderness''.

                        extension of authorities

    Sec. 117. (a) Division II of Public Law 104-333 (54 U.S.C. 320101 
note), as amended by section 116(b)(2) of Public Law 114-113, is amended 
in each of sections 203, 310, and 607, by striking ``2017'' and 
inserting ``2019''.
    (b) Section 140(j) of the Department of the Interior and Related 
Agencies Appropriations Act, 2004 (54 U.S.C. 320101 note; Public Law 
108-108; 117 Stat. 1280) is amended by striking ``15 years'' and 
inserting ``17 years''.

                    payments in lieu of taxes (pilt)

    Sec. 118.  Section 6906 of title 31, United States Code, is amended 
by striking ``each of fiscal years 2008 through 2014'' and inserting 
``fiscal year 2018''.

                   morristown national historical park

    Sec. 119.  The first section of the Act entitled ``An Act to 
authorize the addition of lands to Morristown National Historical Park 
in the State of New Jersey, and for other purposes'', approved September 
18, 1964 (16 U.S.C. 409g), is amended--
            (1) by inserting ``, from a willing owner only,'' after 
        ``the Secretary of the Interior is authorized to procure''; and
            (2) by striking ``615'' each place it appears and inserting 
        ``715''.

                               sage-grouse

    Sec. 120.  None of the funds made available by this or any other Act 
may be used by the Secretary of the Interior to write or issue pursuant 
to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)--
            (1) a proposed rule for greater sage-grouse (Centrocercus 
        urophasianus);
            (2) a proposed rule for the Columbia basin distinct 
        population segment of greater sage-grouse.

                       incorporation by reference

    * Sec. 121. (a) The following provisions of S. 1460 (Energy and 
Natural Resources Act of 2017) of the 115th Congress, as placed on the 
calendar of the Senate on June 29, 2017, are hereby enacted into law:
            (1) Section 7130 <<NOTE: 40 USC 8903 note.>>  (Modification 
        of the Second Division Memorial).
            (2) Section 7134 <<NOTE: 16 USC 460cccc.>>  (Ste. Genevieve 
        National Historical Park).

    (b) <<NOTE: 16 USC 1132 note.>>  H.R. 1281 as introduced in the 
115th Congress (A bill to extend the authorization of the Highlands 
Conservation Act) and H.R. 4134 as introduced in the 115th Congress 
(Cecil D.

__________

    * See Endnote on 132 Stat. 1225.

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

[[Page 132 STAT. 662]]

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

           mineral withdrawal subject to valid existing rights

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

                                TITLE II

                     ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

                     (including rescission of funds)

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

                  Environmental Programs and Management

                     (including rescission of funds)

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

[[Page 132 STAT. 663]]

included under this heading, $12,700,000 shall be for Environmental 
Protection: National Priorities as specified in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided further, That of the funds included 
under this heading, $447,857,000 shall be for Geographic Programs 
specified in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided 
further, That of the unobligated balances from appropriations made 
available under this heading, $45,300,000 are permanently rescinded:  
Provided further, That no amounts may be rescinded pursuant to the 
preceding proviso from amounts made available in the first proviso for 
Environmental Protection: National Priorities, from amounts made 
available in the second proviso for Geographic Programs, or from the 
National Estuary Program (33 U.S.C. 1330).
    In addition, $10,000,000 to remain available until expended, for 
necessary expenses of activities described in section 26(b)(1) of the 
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)):  Provided, That 
fees collected pursuant to that section of that Act and deposited in the 
``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal 
year 2018 shall be retained and used for necessary salaries and expenses 
in this appropriation and shall remain available until expended:  
Provided further, That the sum herein appropriated in this paragraph 
from the general fund for fiscal year 2018 shall be reduced by the 
amount of discretionary offsetting receipts received during fiscal year 
2018, so as to result in a final fiscal year 2018 appropriation from the 
general fund estimated at not more than $0:  Provided further, That to 
the extent that amounts realized from such receipts exceed $10,000,000, 
those amount in excess of $10,000,000 shall be deposited in the ``TSCA 
Service Fee Fund'' as discretionary offsetting receipts in fiscal year 
2018, shall be retained and used for necessary salaries and expenses in 
this account, and shall remain available until expended:  Provided 
further, That of the funds included in the first paragraph under this 
heading, the Chemical Risk Review and Reduction program project shall be 
allocated for this fiscal year, excluding the amount of any fees 
appropriated, not less than the amount of appropriations for that 
program project for fiscal year 2014.

             Hazardous Waste Electronic Manifest System Fund

    For necessary expenses to carry out section 3024 of the Solid Waste 
Disposal Act (42 U.S.C. 6939g), including the development, operation, 
maintenance, and upgrading of the hazardous waste electronic manifest 
system established by such section, $3,674,000, to remain available 
until expended:  Provided, That the sum herein appropriated from the 
general fund shall be reduced as offsetting collections under such 
section 3024 are received during fiscal year 2018, which shall remain 
available until expended and be used for necessary expenses in this 
appropriation, so as to result in a final fiscal year 2018 appropriation 
from the general fund estimated at not more than $0:  Provided further, 
That to the extent such offsetting collections received in fiscal year 
2018 exceed $3,674,000, those excess amounts shall remain available 
until expended and be used for necessary expenses in this appropriation.

[[Page 132 STAT. 664]]

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$41,489,000, to remain available until September 30, 2019.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $34,467,000, to remain available until 
expended.

                      Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), including 
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) 
$1,091,947,000, to remain available until expended, consisting of such 
sums as are available in the Trust Fund on September 30, 2017, as 
authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $1,091,947,000 as a payment 
from general revenues to the Hazardous Substance Superfund for purposes 
as authorized by section 517(b) of SARA:  Provided, That funds 
appropriated under this heading may be allocated to other Federal 
agencies in accordance with section 111(a) of CERCLA:  Provided further, 
That of the funds appropriated under this heading, $8,778,000 shall be 
paid to the ``Office of Inspector General'' appropriation to remain 
available until September 30, 2019, and $15,496,000 shall be paid to the 
``Science and Technology'' appropriation to remain available until 
September 30, 2019.

           Leaking Underground Storage Tank Trust Fund Program

    For necessary expenses to carry out leaking underground storage tank 
cleanup activities authorized by subtitle I of the Solid Waste Disposal 
Act, $91,941,000, to remain available until expended, of which 
$66,572,000 shall be for carrying out leaking underground storage tank 
cleanup activities authorized by section 9003(h) of the Solid Waste 
Disposal Act; $25,369,000 shall be for carrying out the other provisions 
of the Solid Waste Disposal Act specified in section 9508(c) of the 
Internal Revenue Code:  Provided, That the Administrator is authorized 
to use appropriations made available under this heading to implement 
section 9013 of the Solid Waste Disposal Act to provide financial 
assistance to federally recognized Indian tribes for the development and 
implementation of programs to manage underground storage tanks.

                        Inland Oil Spill Programs

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$18,209,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

[[Page 132 STAT. 665]]

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $3,562,161,000, to remain available until expended, 
of which--
            (1) $1,393,887,000 shall be for making capitalization grants 
        for the Clean Water State Revolving Funds under title VI of the 
        Federal Water Pollution Control Act; and of which $863,233,000 
        shall be for making capitalization grants for the Drinking Water 
        State Revolving Funds under section 1452 of the Safe Drinking 
        Water Act:  Provided, That for fiscal year 2018, to the extent 
        there are sufficient eligible project applications and projects 
        are consistent with State Intended Use Plans, not less than 10 
        percent of the funds made available under this title to each 
        State for Clean Water State Revolving Fund capitalization grants 
        shall be used by the State for projects to address green 
        infrastructure, water or energy efficiency improvements, or 
        other environmentally innovative activities:  Provided further, 
        That for fiscal year 2018, funds made available under this title 
        to each State for Drinking Water State Revolving Fund 
        capitalization grants may, at the discretion of each State, be 
        used for projects to address green infrastructure, water or 
        energy efficiency improvements, or other environmentally 
        innovative activities:  Provided further, That notwithstanding 
        section 603(d)(7) of the Federal Water Pollution Control Act, 
        the limitation on the amounts in a State water pollution control 
        revolving fund that may be used by a State to administer the 
        fund shall not apply to amounts included as principal in loans 
        made by such fund in fiscal year 2018 and prior years where such 
        amounts represent costs of administering the fund to the extent 
        that such amounts are or were deemed reasonable by the 
        Administrator, accounted for separately from other assets in the 
        fund, and used for eligible purposes of the fund, including 
        administration:  Provided further, That for fiscal year 2018, 
        notwithstanding the provisions of subsections (g)(1), (h), and 
        (l) of section 201 of the Federal Water Pollution Control Act, 
        grants made under title II of such Act for American Samoa, Guam, 
        the commonwealth of the Northern Marianas, the United States 
        Virgin Islands, and the District of Columbia may also be made 
        for the purpose of providing assistance: (1) solely for facility 
        plans, design activities, or plans, specifications, and 
        estimates for any proposed project for the construction of 
        treatment works; and (2) for the construction, repair, or 
        replacement of privately owned treatment works serving one or 
        more principal residences or small commercial establishments:  
        Provided further, That for fiscal year 2018, notwithstanding the 
        provisions of such subsections (g)(1), (h), and (l) of section 
        201 and section 518(c) of the Federal Water Pollution Control 
        Act, funds reserved by the Administrator for grants under 
        section 518(c) of the Federal Water Pollution Control Act may 
        also be used to provide assistance: (1) solely for facility 
        plans, design activities, or plans, specifications, and 
        estimates for any proposed project for the construction of 
        treatment works; and (2) for the construction, repair, or 
        replacement of privately owned treatment works serving one or 
        more principal residences or small commercial

[[Page 132 STAT. 666]]

        establishments:  Provided further, That for fiscal year 2018, 
        notwithstanding any provision of the Federal Water Pollution 
        Control Act and regulations issued pursuant thereof, up to a 
        total of $2,000,000 of the funds reserved by the Administrator 
        for grants under section 518(c) of such Act may also be used for 
        grants for training, technical assistance, and educational 
        programs relating to the operation and management of the 
        treatment works specified in section 518(c) of such Act:  
        Provided further, That for fiscal year 2018, funds reserved 
        under section 518(c) of such Act shall be available for grants 
        only to Indian tribes, as defined in section 518(h) of such Act 
        and former Indian reservations in Oklahoma (as determined by the 
        Secretary of the Interior) and Native Villages as defined in 
        Public Law 92-203:  Provided further, That for fiscal year 2018, 
        notwithstanding the limitation on amounts in section 518(c) of 
        the Federal Water Pollution Control Act, up to a total of 2 
        percent of the funds appropriated, or $30,000,000, whichever is 
        greater, and notwithstanding the limitation on amounts in 
        section 1452(i) of the Safe Drinking Water Act, up to a total of 
        2 percent of the funds appropriated, or $20,000,000, whichever 
        is greater, for State Revolving Funds under such Acts may be 
        reserved by the Administrator for grants under section 518(c) 
        and section 1452(i) of such Acts:  Provided further, That for 
        fiscal year 2018, notwithstanding the amounts specified in 
        section 205(c) of the Federal Water Pollution Control Act, up to 
        1.5 percent of the aggregate funds appropriated for the Clean 
        Water State Revolving Fund program under the Act less any sums 
        reserved under section 518(c) of the Act, may be reserved by the 
        Administrator for grants made under title II of the Federal 
        Water Pollution Control Act for American Samoa, Guam, the 
        Commonwealth of the Northern Marianas, and United States Virgin 
        Islands:  Provided further, That for fiscal year 2018, 
        notwithstanding the limitations on amounts specified in section 
        1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the 
        funds appropriated for the Drinking Water State Revolving Fund 
        programs under the Safe Drinking Water Act may be reserved by 
        the Administrator for grants made under section 1452(j) of the 
        Safe Drinking Water Act:  Provided further, That 10 percent of 
        the funds made available under this title to each State for 
        Clean Water State Revolving Fund capitalization grants and 20 
        percent of the funds made available under this title to each 
        State for Drinking Water State Revolving Fund capitalization 
        grants shall be used by the State to provide additional subsidy 
        to eligible recipients in the form of forgiveness of principal, 
        negative interest loans, or grants (or any combination of 
        these), and shall be so used by the State only where such funds 
        are provided as initial financing for an eligible recipient or 
        to buy, refinance, or restructure the debt obligations of 
        eligible recipients only where such debt was incurred on or 
        after the date of enactment of this Act, or where such debt was 
        incurred prior to the date of enactment of this Act if the 
        State, with concurrence from the Administrator, determines that 
        such funds could be used to help address a threat to public 
        health from heightened exposure to lead in drinking water or if 
        a Federal or State emergency declaration has been issued due to 
        a threat to public health from heightened exposure to lead in a 
        municipal

[[Page 132 STAT. 667]]

        drinking water supply before the date of enactment of this Act:  
        Provided further, That in a State in which such an emergency 
        declaration has been issued, the State may use more than 20 
        percent of the funds made available under this title to the 
        State for Drinking Water State Revolving Fund capitalization 
        grants to provide additional subsidy to eligible recipients;
            (2) $10,000,000 shall be for architectural, engineering, 
        planning, design, construction and related activities in 
        connection with the construction of high priority water and 
        wastewater facilities in the area of the United States-Mexico 
        Border, after consultation with the appropriate border 
        commission:  Provided, That no funds provided by this 
        appropriations Act to address the water, wastewater and other 
        critical infrastructure needs of the colonias in the United 
        States along the United States-Mexico border shall be made 
        available to a county or municipal government unless that 
        government has established an enforceable local ordinance, or 
        other zoning rule, which prevents in that jurisdiction the 
        development or construction of any additional colonia areas, or 
        the development within an existing colonia the construction of 
        any new home, business, or other structure which lacks water, 
        wastewater, or other necessary infrastructure;
            (3) $20,000,000 shall be for grants to the State of Alaska 
        to address drinking water and wastewater infrastructure needs of 
        rural and Alaska Native Villages:  Provided, That of these 
        funds: (A) the State of Alaska shall provide a match of 25 
        percent; (B) no more than 5 percent of the funds may be used for 
        administrative and overhead expenses; and (C) the State of 
        Alaska shall make awards consistent with the Statewide priority 
        list established in conjunction with the Agency and the U.S. 
        Department of Agriculture for all water, sewer, waste disposal, 
        and similar projects carried out by the State of Alaska that are 
        funded under section 221 of the Federal Water Pollution Control 
        Act (33 U.S.C. 1301) or the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 1921 et seq.) which shall allocate not 
        less than 25 percent of the funds provided for projects in 
        regional hub communities;
            (4) $80,000,000 shall be to carry out section 104(k) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (CERCLA), including grants, interagency 
        agreements, and associated program support costs:  Provided, 
        That not more than 25 percent of the amount appropriated to 
        carry out section 104(k) of CERCLA shall be used for site 
        characterization, assessment, and remediation of facilities 
        described in section 101(39)(D)(ii)(II) of CERCLA:  Provided 
        further, That at least 10 percent shall be allocated for 
        assistance in persistent poverty counties:  Provided further, 
        That for purposes of this section, the term ``persistent poverty 
        counties'' means any county that has had 20 percent or more of 
        its population living in poverty over the past 30 years, as 
        measured by the 1990 and 2000 decennial censuses and the most 
        recent Small Area Income and Poverty Estimates;
            (5) $75,000,000 shall be for grants under title VII, 
        subtitle G of the Energy Policy Act of 2005;
            (6) $40,000,000 shall be for targeted airshed grants in 
        accordance with the terms and conditions in the explanatory

[[Page 132 STAT. 668]]

        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act);
            (7) $4,000,000 shall be to carry out the water quality 
        program authorized in section 5004(d) of the Water 
        Infrastructure Improvements for the Nation Act (Public Law 114-
        322); and
            (8) $1,076,041,000 shall be for grants, including associated 
        program support costs, to States, federally recognized tribes, 
        interstate agencies, tribal consortia, and air pollution control 
        agencies for multi-media or single media pollution prevention, 
        control and abatement and related activities, including 
        activities pursuant to the provisions set forth under this 
        heading in Public Law 104-134, and for making grants under 
        section 103 of the Clean Air Act for particulate matter 
        monitoring and data collection activities subject to terms and 
        conditions specified by the Administrator, of which: $47,745,000 
        shall be for carrying out section 128 of CERCLA; $9,646,000 
        shall be for Environmental Information Exchange Network grants, 
        including associated program support costs; $1,498,000 shall be 
        for grants to States under section 2007(f)(2) of the Solid Waste 
        Disposal Act, which shall be in addition to funds appropriated 
        under the heading ``Leaking Underground Storage Tank Trust Fund 
        Program'' to carry out the provisions of the Solid Waste 
        Disposal Act specified in section 9508(c) of the Internal 
        Revenue Code other than section 9003(h) of the Solid Waste 
        Disposal Act; $17,848,000 of the funds available for grants 
        under section 106 of the Federal Water Pollution Control Act 
        shall be for State participation in national- and State-level 
        statistical surveys of water resources and enhancements to State 
        monitoring programs; $10,000,000 shall be for multipurpose 
        grants, including interagency agreements:  Provided, <<NOTE: 42 
        USC 4368b note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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, <<NOTE: 43 USC 
1751 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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.
     <<NOTE: 16 USC 556i.>> 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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, <<NOTE: 5 USC app. 8G note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 16 USC 1604 note.>>   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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 54 USC 320101 note.>>   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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 696]]

 DIVISION H-- <<NOTE: Departments of Labor, Health and Human Services, 
        and Education, and Related Agencies Appropriations Act, 
2018.>> DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, 
AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

TITLE I <<NOTE: Department of Labor Appropriations Act, 2018.>> 

                           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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: 26 USC 9501 note.>>  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 132 STAT. 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 132 STAT. 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 <<NOTE: 30 USC 966 
note.>> , 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 <<NOTE: 30 USC 962.>> , 
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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 38 USC 4100 note.>>  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 132 STAT. 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 <<NOTE: Department of Health and Human Services Appropriations 
Act, 2018.>> 

                 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 132 STAT. 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 <<NOTE: 42 USC 294a note.>> , 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: 42 USC 9921 
note.>> , 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: Department of Education Appropriations Act, 2018.>> 

                         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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: 20 USC 1411 note.>> , 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 <<NOTE: 20 USC 1411 note.>> , That

[[Page 132 STAT. 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 132 STAT. 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.
     <<NOTE: 20 USC 1070a note.>> 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 <<NOTE: 20 USC 1087f note.>> , 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 750]]

    Sec. 305 <<NOTE: 48 USC 1921d note.>> .  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. <<NOTE: 20 USC 7703 note.>>  (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 132 STAT. 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) <<NOTE: 20 USC 
7703 note.>>  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 132 STAT. 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. <<NOTE: 20 USC 1085 note.>> (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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 42 USC 12571 note.>>   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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 31 USC 1502 note.>>   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 132 STAT. 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-- <<NOTE: Legislative Branch Appropriations Act, 2018 2 USC 
60a note.>> 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 2 USC 4579 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 2 USC 5545 note.>>  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. <<NOTE: 2 USC 5511.>>  (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 132 STAT. 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 132 STAT. 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. <<NOTE: 2 USC 605a.>>   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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 2 USC 1301 note.>> 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. <<NOTE: 2 USC 166a.>>  (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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 796]]

   DIVISION J-- <<NOTE: Military Construction, Veterans Affairs, and 
  Related Agencies Appropriations Act, 2018.>> 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 10 USC 2821 note.>>   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 132 STAT. 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 132 STAT. 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. <<NOTE: 10 USC 221 note.>>   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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 822]]

or one or more Native Hawaiian Organizations as defined in section 
637(a)(15) of title 15, United States Code.
    Sec. 240. <<NOTE: 38 USC 5701 note prec.>> (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 132 STAT. 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. <<NOTE: 38 USC 7601 note.>>  (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 132 STAT. 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 132 STAT. 825]]

    (b) <<NOTE: 38 USC 2402 note.>>  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.  <<NOTE: 38 USC 1701 note.>>  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 132 STAT. 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.  <<NOTE: 38 USC 5101 note.>>  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. <<NOTE: 38 USC 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 132 STAT. 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 132 STAT. 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 <<NOTE: 38 USC 1701 prec.>> , 
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. <<NOTE: 38 USC 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 132 STAT. 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 <<NOTE: 38 USC 5301 prec.>>  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 132 STAT. 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 132 STAT. 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.  <<NOTE: 10 USC 221 note.>>  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 132 STAT. 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 132 STAT. 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-- <<NOTE: Department of State, Foreign Operations, and 
   Related Programs Appropriations Act, 2018.>> 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 132 STAT. 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 132 STAT. 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 132 STAT. 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

     <<NOTE: 22 USC 269a note.>> 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 132 STAT. 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 132 STAT. 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 132 STAT. 839]]

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

                        International Commissions

    For <<NOTE: 22 USC 268a note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 22 USC 262h note.>>  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) <<NOTE: 22 USC 2362 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 8 USC 1182 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 22 USC 214 note.>>  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) <<NOTE: 22 USC 2385 note.>>  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 132 STAT. 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) <<NOTE: 22 USC 4831 note.>>  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 132 STAT. 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) <<NOTE: 22 USC 2152i note.>>  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 132 STAT. 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) <<NOTE: 22 USC 262h note.>>  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) <<NOTE: 22 USC 2152i note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 22 USC 2151 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 941]]

      united states agency for international development management

    Sec. 7057. (a) <<NOTE: 22 USC 3948 note.>>  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) <<NOTE: 22 USC 3948 note.>>  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) <<NOTE: 22 USC 3948 note.>>  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) <<NOTE: 22 USC 3948 note.>>  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) <<NOTE: 22 USC 3948 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 22 USC 2194 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 22 USC 285gg.>>  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 132 STAT. 966]]

``SEC. 30. <<NOTE: 22 USC 284bb.>>  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. <<NOTE: 22 USC 290g-24.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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, <<NOTE: Transportation, Housing and Urban 
 Development, and Related Agencies Appropriations Act, 2018. Department 
    of Transportation Appropriations Act, 2018.>>  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 132 STAT. 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 <<NOTE: 49 USC 112 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: 49 
USC 44506 note.>>  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 <<NOTE: 49 USC 44502 
note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: 23 USC 104 note.>>  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 132 STAT. 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 132 STAT. 984]]

        administrative provisions--federal highway administration

    Sec. 120. (a) <<NOTE: 23 USC 104 note.>>  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 132 STAT. 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 132 STAT. 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 <<NOTE: 23 USC 313 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: 49 USC 60102 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 128 Stat. 2738.>>  
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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 42 USC 1437g note.>>  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. <<NOTE: 42 USC 3545a note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: 42 USC 1437f note.>> , 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: 42 USC 11319 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: Airport and Airway Extension Act of 2018.>>  
AND AIRWAY EXTENSION ACT OF 2018

SECTION 1. <<NOTE: 26 USC 1 note.>>  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) <<NOTE: 49 USC 42301 note prec.>>  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 132 STAT. 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 132 STAT. 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 <<NOTE: 26 USC 9502.>>  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 132 STAT. 1049]]

            (2) Exemption from ticket taxes.--Section 4261(j) of such 
        Code is amended <<NOTE: 26 USC 4261.>>  by striking ``March 31, 
        2018'' and inserting ``September 30, 2018''.

                    TITLE II--IMMIGRATION EXTENSIONS

    Sec. 201.  Section 401(b) <<NOTE: 8 USC 1324a note.>>  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 <<NOTE: 8 USC 1101 note.>>  
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 <<NOTE: 8 USC 1182 note.>>  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 <<NOTE: 8 USC 1153 note.>>  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 <<NOTE: 42 USC 4026 note.>>  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) <<NOTE: 7 USC 136a-1 note.>>  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 132 STAT. 1050]]

    (b)(1) <<NOTE: 7 USC 136a-1 note.>>  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) <<NOTE: 7 USC 136w-8 note.>>  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) <<NOTE: 21 USC 346a note.>>  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) <<NOTE: 19 USC 2465 note.>>  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 132 STAT. 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 132 STAT. 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 <<NOTE: Brownfields Utilization, Investment, and Local 
Development Act of 2018. 42 USC 9601 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: Wildfire Suppression Funding and Forest 
Management Activities Act.>>  SUPPRESSION FUNDING AND FOREST MANAGEMENT 
ACTIVITIES ACT

SEC. 101. <<NOTE: 43 USC 1701 note.>>  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 132 STAT. 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) <<NOTE: 2 USC 901 note.>>  The amendment made by paragraph (1) 
of subsection (a) shall begin to apply in fiscal year 2019.

SEC. 103. <<NOTE: 43 USC 1748a-1.>>  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 132 STAT. 1061]]

SEC. 104. <<NOTE: 43 USC 1748a-2.>>  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 132 STAT. 1062]]

                 TITLE II--FOREST MANAGEMENT ACTIVITIES

SEC. 201. <<NOTE: 16 USC 6591c note.>>  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. <<NOTE: 16 USC 6591d.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 16 USC 6591c.>>  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 132 STAT. 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.) <<NOTE: 16 USC 1602-1607, 1610, 1611, 1613.>>  is amended, 
        in sections 4 through 9, 12, 13, and 15,

[[Page 132 STAT. 1067]]

        by striking ``Secretary of Agriculture'' each place it appears 
        and inserting ``Secretary''.

SEC. 209. <<NOTE: 43 USC 2606.>>  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. <<NOTE: 16 USC 6501 note.>>  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 132 STAT. 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. <<NOTE: 43 USC 1772.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 <<NOTE: Federal Land Transaction Facilitation Act 
       Reauthorization of 2018.>>  LAND TRANSACTION FACILITATION 
REAUTHORIZATION

SEC. 301. <<NOTE: 43 USC 2301 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 42 USC 6241 note.>>  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 132 STAT. 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 <<NOTE: Repack Airwaves Yielding Better Access for Users 
of Modern Services Act of 2018. 47 USC 609 note.>>  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 132 STAT. 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. <<NOTE: 47 USC 155a note.>>  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 132 STAT. 1082]]

    (c) Elimination of Duplicative Authorization of Appropriations.--
            (1) In general.--Section 710 of the Telecommunications Act 
        of 1996 (Public Law 104-104) <<NOTE: 47 USC 156 note.>>  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 132 STAT. 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 132 STAT. 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. <<NOTE: 47 USC 159a.>>  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 132 STAT. 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) <<NOTE: 47 USC 158 note.>>  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 132 STAT. 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) <<NOTE: 47 USC 159 note.>>  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) <<NOTE: 47 USC 159 note.>>  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. <<NOTE: 47 USC 156 note.>>  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 132 STAT. 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. <<NOTE: 47 USC 163.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 47 USC 154 note.>>  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. <<NOTE: 47 USC 154 note.>>  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) <<NOTE: 5 USC app. 3 note.>>  Transition Rule.--An individual 
serving as Inspector General of the Commission on the date of the 
enactment of this Act

[[Page 132 STAT. 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. <<NOTE: 47 USC 155a.>>  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 132 STAT. 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) <<NOTE: 47 USC 227 note.>>  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) <<NOTE: 47 USC 227 note.>>  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) <<NOTE: 47 USC 227a.>>  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 132 STAT. 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 132 STAT. 1094]]

        regarding combating the fraudulent provision of misleading or 
        inaccurate caller identification information.

    (d) <<NOTE: 47 USC 227 note.>>  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. <<NOTE: 47 USC 254 note.>>  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 132 STAT. 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. <<NOTE: 47 USC 615 note.>>  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. <<NOTE: 47 USC 1301 note.>>  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 132 STAT. 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 132 STAT. 1097]]

SEC. 511. <<NOTE: 47 USC 503 note.>>  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. <<NOTE: 47 USC 309a.>>  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 <<NOTE: Making Opportunities for Broadband Investment 
 and Limiting Excessive and Needless Obstacles to Wireless Act. 47 USC 
1501 note. 47 USC 1501.>>  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 132 STAT. 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. <<NOTE: 47 USC 1502.>>  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 132 STAT. 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. <<NOTE: 47 USC 1503.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 1103]]

            ``(2) Executive agency.--The term `executive agency' has the 
        meaning given such term in section 102 of title 40, United 
        States Code.''.

    (b) <<NOTE: 47 USC 1455 note.>>  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 132 STAT. 1104]]

                      in particular the speed at which such applications 
                      are reviewed and a final determination is issued.

    (d) <<NOTE: 47 USC 1455 note.>>  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. <<NOTE: 47 USC 1504.>>  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 132 STAT. 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 132 STAT. 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) <<NOTE: 40 USC 1303 note.>>  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) <<NOTE: 40 USC 1303 note.>>  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 132 STAT. 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) <<NOTE: 40 USC 1303 note.>>  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 132 STAT. 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 132 STAT. 1109]]

SEC. 611. <<NOTE: 47 USC 1505.>>  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 132 STAT. 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. <<NOTE: 47 USC 1506.>>  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 132 STAT. 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 132 STAT. 1112]]

SEC. 617. <<NOTE: 47 USC 1507.>>  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. <<NOTE: 47 USC 1508.>>  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 132 STAT. 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. <<NOTE: Spectrum Challenge Prize Act. 47 USC 1509.>>  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 132 STAT. 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. <<NOTE: Wireless Telecommunications Tax and Fee Collection 
            Fairness Act. 47 USC 1510.>>  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 132 STAT. 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. <<NOTE: 47 USC 1511.>>  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. <<NOTE: 47 USC 1512.>>  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. <<NOTE: 47 USC 1513.>>  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 <<NOTE: Kevin and Avonte's Law of 2018. 34 USC 10101 
note.>>  AND AVONTE'S LAW

SECTION 1. SHORT TITLE.

    This division may be cited as the ``Kevin and Avonte's Law of 
2018''.

[[Page 132 STAT. 1116]]

TITLE I--MISSING <<NOTE: Missing Americans Alert Program Act of 2018.>>  
ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM REAUTHORIZATION

SEC. 101. <<NOTE: 34 USC 10101 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 34 USC 12622.>>  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 132 STAT. 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. <<NOTE: 34 USC 12623 note.>>  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 132 STAT. 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. <<NOTE: 34 USC 12623.>>  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 132 STAT. 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 132 STAT. 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 <<NOTE: Targeted Rewards for the Global Eradication 
of Human Trafficking. 22 USC 2651 note. 22 USC 2708 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: 34 USC 40102 note.>>  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 132 STAT. 1127]]

        of the number of hours the employee devotes to baseball related 
        activities.''.

    (b) <<NOTE: 29 USC 213 note.>>  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 <<NOTE: Keep Young Athletes Safe Act of 2018.>>  YOUNG 
ATHLETES SAFE ACT

SEC. 301. <<NOTE: 36 USC 101 note.>>  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 <<NOTE: 36 USC 220531 prec.>>  TO KEEP YOUNG 
ATHLETES SAFE

``Sec. 220531. <<NOTE: 36 USC 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 132 STAT. 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, <<NOTE: 36 USC 220501 prec.>>  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 <<NOTE: Student, Teachers, and Officers Preventing School 
Violence Act of 2018. 34 USC 10101 note.>>  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 132 STAT. 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 132 STAT. 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 
                ``<SUP>congress</SUP>'' the following: ``; <SUP>grant</SUP> 
                accountability</SUP>'';
                    (B) by striking ``Not later'' and inserting the 
                following:

    ``(a) Annual Report.--Not later'';
                    (C) by striking ``Director shall'' and inserting 
                ``COPS Director and the BJA Director shall each''; and
                    (D) by adding at the end the following:

    ``(b) Grant Accountability.--Section 3026 (relating to grant 
accountability) shall apply to grants awarded by the COPS Director and 
the BJA Director under this part. For purposes of the preceding 
sentence, any references in section 3026 to the Attorney General

[[Page 132 STAT. 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 <<NOTE: 42 USC 3797e.>>  and 
        inserting the following:

``SEC. 2705. <<NOTE: 34 USC 10555.>>  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 132 STAT. 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. <<NOTE: 34 USC 10556.>>  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 <<NOTE: Fix NICS Act of 2018.>>  NICS ACT

SEC. 601. <<NOTE: 34 USC 10101 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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 132 STAT. 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. <<NOTE: 34 USC 40917.>>  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 132 STAT. 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 <<NOTE: Small Business Credit Availability Act.>>  
BUSINESS CREDIT AVAILABILITY ACT

SEC. 801. <<NOTE: 15 USC 80a-51 note.>>  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 132 STAT. 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 132 STAT. 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. <<NOTE: 15 USC 80a-53 note.>>  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 132 STAT. 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 132 STAT. 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 132 STAT. 1143]]

TITLE IX--SMALL <<NOTE: Small Business Access to Capital After a Natural 
Disaster Act.>>  BUSINESS ACCESS TO CAPITAL AFTER A NATURAL DISASTER ACT

SEC. 901. <<NOTE: 15 USC 78a note.>>  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 <<NOTE: Taylor Force Act.>>  FORCE ACT

SEC. 1001. <<NOTE: 22 USC 2151 note.>>  SHORT TITLE.

    This title may be cited as the ``Taylor Force Act''.

SEC. 1002. <<NOTE: 22 USC 2378c-1 note.>>  FINDINGS.

    Congress makes the following findings:
            (1) The Palestinian Authority's practice of paying salaries 
        to terrorists serving in Israeli prisons, as well as to the 
        families of deceased terrorists, is an incentive to commit acts 
        of terror.
            (2) The United States does not provide direct budgetary 
        support to the Palestinian Authority. The United States does pay 
        certain debts held by the Palestinian Authority and funds 
        programs for which the Palestinian Authority would otherwise be 
        responsible.
            (3) The United States Government supports community-based 
        programs in the West Bank and Gaza that provide for basic human 
        needs, such as food, water, health, shelter, protection, 
        education, and livelihoods, and that promote peace and 
        development.
            (4) Since fiscal year 2015, annual appropriations 
        legislation has mandated the reduction of Economic Support Fund 
        aid for the Palestinian Authority as a result of their payments 
        for acts of terrorism including, in fiscal year 2017, a 
        reduction ``by an amount the Secretary determines is equivalent 
        to the amount expended by the Palestinian Authority, the 
        Palestine Liberation Organization, and any successor or 
        affiliated organizations with such entities as payments for acts 
        of terrorism by individuals who are imprisoned after being 
        fairly tried and convicted for acts of terrorism and by 
        individuals who died committing acts of terrorism during the 
        previous calendar year''.

[[Page 132 STAT. 1144]]

SEC. 1003. SENSE OF CONGRESS.

    Congress--
            (1) calls on the Palestinian Authority, the Palestine 
        Liberation Organization, and any successor or affiliated 
        organizations to stop payments for acts of terrorism by 
        individuals who are imprisoned after being fairly tried and 
        convicted for acts of terrorism and by individuals who died 
        committing acts of terrorism and to repeal the laws authorizing 
        such payments;
            (2) calls on all donor countries providing budgetary 
        assistance to the Palestinian Authority to cease direct 
        budgetary support until the Palestinian Authority stops all 
        payments incentivizing terror;
            (3) urges the Palestinian Authority to develop programs to 
        provide essential public services and support to any individual 
        in need within its jurisdictional control, rather than to 
        provide payments contingent on perpetrating acts of violence;
            (4) urges the United States Permanent Representative to the 
        United Nations to use the voice, vote, and influence of the 
        United States at the United Nations to highlight the issue of 
        Palestinian Authority payments for acts of terrorism and to urge 
        other Member States to apply pressure upon the Palestinian 
        Authority to immediately cease such payments; and
            (5) urges the Department of State to use its bilateral and 
        multilateral engagements with all governments and organizations 
        committed to the cause of peace between Israel and the 
        Palestinians to highlight the issue of Palestinian Authority 
        payments for acts of terrorism and to urge such governments and 
        organizations to join the United States in calling on the 
        Palestinian Authority to immediately cease such payments.

SEC. 1004. <<NOTE: 22 USC 2378c-1.>>  LIMITATION ON ASSISTANCE TO THE 
            WEST BANK AND GAZA.

    (a) Limitation.--
            (1) In general.--Funds authorized to be appropriated or 
        otherwise made available for assistance under chapter 4 of part 
        II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
        seq.; relating to Economic Support Fund) and available for 
        assistance for the West Bank and Gaza that directly benefits the 
        Palestinian Authority may only be made available for such 
        purpose if, except as provided in subsection (d), not later than 
        30 days after the date of the enactment of this Act, and every 
        180 days thereafter, the Secretary of State certifies in writing 
        to the appropriate congressional committees that the Palestinian 
        Authority, the Palestine Liberation Organization, and any 
        successor or affiliated organizations--
                    (A) are taking credible steps to end acts of 
                violence against Israeli citizens and United States 
                citizens that are perpetrated or materially assisted by 
                individuals under their jurisdictional control, such as 
                the March 2016 attack that killed former United States 
                Army officer Taylor Force, a veteran of the wars in Iraq 
                and Afghanistan;
                    (B) have terminated payments for acts of terrorism 
                against Israeli citizens and United States citizens to 
                any individual, after being fairly tried, who has been 
                imprisoned for such acts of terrorism and to any 
                individual who died committing such acts of terrorism, 
                including to a family member of such individuals;

[[Page 132 STAT. 1145]]

                    (C) have revoked any law, decree, regulation, or 
                document authorizing or implementing a system of 
                compensation for imprisoned individuals that uses the 
                sentence or period of incarceration of an individual 
                imprisoned for an act of terrorism to determine the 
                level of compensation paid, or have taken comparable 
                action that has the effect of invalidating any such law, 
                decree, regulation, or document; and
                    (D) are publicly condemning such acts of violence 
                and are taking steps to investigate or are cooperating 
                in investigations of such acts to bring the perpetrators 
                to justice.
            (2) Additional certification requirement.--The Secretary of 
        State shall include in the certification required under 
        paragraph (1) the definition of ``acts of terrorism'' that the 
        Secretary used for purposes of making the determination in 
        subparagraph (B) of such paragraph.

    (b) Exception.--
            (1) In general.--Subject to paragraph (2), the limitation on 
        assistance under subsection (a) shall not apply to--
                    (A) payments made to the East Jerusalem Hospital 
                Network;
                    (B) assistance for wastewater projects not exceeding 
                $5,000,000 in any one fiscal year; and
                    (C) assistance for any other program, project, or 
                activity that provides vaccinations to children not 
                exceeding $500,000 in any one fiscal year.
            (2) Notification.--The Secretary of State shall notify in 
        writing the appropriate congressional committees not later than 
        15 days prior to making funds available for assistance under 
        subparagraph (A), (B), or (C) of paragraph (1).

    (c) Rule of Construction.--Funds withheld pursuant to this section--
            (1) shall be deemed to satisfy any similar withholding or 
        reduction required under any other provision of law relating to 
        the Palestinian Authority's payments for acts of terrorism; and
            (2) shall be in an amount that is not less than the total 
        amount required by such other provision of law.

    (d) Initial Use and Disposition of Withheld Funds.--
            (1) Period of availability.--Funds withheld pursuant to this 
        section are authorized to remain available for an additional 2 
        years from the date on which the availability of such funds 
        would otherwise have expired.
            (2) Use of funds.--Funds withheld pursuant to this section 
        may be made available for assistance for the West Bank and Gaza 
        that directly benefits the Palestinian Authority upon a 
        certification by the Secretary of State that the Palestinian 
        Authority, the Palestine Liberation Organization, and any 
        successor or affiliated organizations have met the conditions 
        set forth in subsection (a). Except as provided in paragraph 
        (3), such funds may not be made available for any purpose other 
        than for assistance for the West Bank and Gaza that directly 
        benefits the Palestinian Authority.

[[Page 132 STAT. 1146]]

            (3) Disposition of unused funds.--Beginning on the date that 
        is 180 days after the last day on which the initial availability 
        of funds withheld pursuant to this section would otherwise have 
        expired, such funds are authorized to be made available to the 
        Department of State for assistance under chapter 4 of part II of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; 
        relating to Economic Support Fund) in the following manner--
                    (A) 50 percent for purposes of assistance other than 
                that deemed benefiting the Palestinian Authority; and
                    (B) 50 percent for purposes other than assistance 
                for the West Bank and Gaza.

    (e) Report.--
            (1) In general.--If the Secretary of State is unable to 
        certify in writing to the appropriate congressional committees 
        that the Palestinian Authority, the Palestine Liberation 
        Organization, and any successor or affiliated organizations have 
        met the conditions described in subsection (a), the Secretary 
        shall, not later than 15 days after the date on which the 
        Secretary is unable to make such certification, submit to the 
        appropriate congressional committees a report that contains the 
        following:
                    (A) The reasons why the Secretary was unable to 
                certify in writing that such organizations have met such 
                requirements.
                    (B) The definition of ``acts of terrorism'' that the 
                Secretary used for purposes of making the determination 
                in subparagraph (B) of subsection (a)(1).
                    (C) The total amount of funds to be withheld.
            (2) Form.--The report required by this subsection shall be 
        submitted in unclassified form but may include a classified 
        annex.

    (f) List of Criteria.--
            (1) In general.--Not later than 15 days after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        to the appropriate congressional committees a list of the 
        criteria that the Secretary uses to determine whether assistance 
        for the West Bank and Gaza is assistance that directly benefits 
        the Palestinian Authority for purposes of carrying out this 
        section.
            (2) Update.--The Secretary of State shall submit to the 
        appropriate congressional committees an updated list under 
        paragraph (1) not later than 15 days after the date on which the 
        Secretary makes any modification to the list.

SEC. 1005. INITIAL REPORT.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report describing those programs, 
projects, and activities funded by the United States Government that 
have been or will be suspended by reason of withholding of funds under 
section 1004.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form but may include a classified annex.

SEC. 1006. ANNUAL REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter for 6 years,

[[Page 132 STAT. 1147]]

the Secretary of State shall submit to the appropriate congressional 
committees a report including at a minimum the following elements:
            (1) An estimate of the amount expended by the Palestinian 
        Authority, the Palestine Liberation Organization, and any 
        successor or affiliated organizations during the previous 
        calendar year as payments for acts of terrorism by individuals 
        who are imprisoned for such acts.
            (2) An estimate of the amount expended by the Palestinian 
        Authority, the Palestine Liberation Organization, and any 
        successor or affiliated organizations during the previous 
        calendar year as payments to the families of deceased 
        individuals who committed an act of terrorism.
            (3) An overview of Palestinian laws, decrees, regulations, 
        or documents in effect the previous calendar year that authorize 
        or implement any payments reported under paragraphs (1) and (2).
            (4) A description of United States Government policy, 
        efforts, and engagement with the Palestinian Authority in order 
        to confirm the revocation of any law, decree, regulation, or 
        document in effect the previous calendar year that authorizes or 
        implements any payments reported under paragraphs (1) and (2).
            (5) A description of United States Government policy, 
        efforts, and engagement with other governments, and at the 
        United Nations, to highlight the issue of Palestinian payments 
        for acts of terrorism and to urge other nations to join the 
        United States in calling on the Palestinian Authority to 
        immediately cease such payments.

    (b) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form but may include a classified annex.

SEC. 1007. <<NOTE: 22 USC 2378c-1 note.>>  APPROPRIATE CONGRESSIONAL 
            COMMITTEES DEFINED.

    In this title, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Appropriations and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate.

 TITLE XI--FARM <<NOTE: Fair Agricultural Reporting Method Act. 42 USC 
9601 note.>>  ACT

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Fair Agricultural Reporting Method 
Act'' or the ``FARM Act''.

SEC. 1102. EXEMPTIONS FROM CERTAIN NOTICE REQUIREMENTS AND PENALTIES.

    Section 103 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is amended by 
striking subsection (e) and inserting the following:
    ``(e) Applicability to Registered Pesticide Products and Air 
Emissions From Animal Waste at Farms.--
            ``(1) In general.--This section shall not apply to--
                    ``(A) the application of a pesticide product 
                registered under the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136 et seq.) or the handling 
                and storage

[[Page 132 STAT. 1148]]

                of such a pesticide product by an agricultural producer; 
                or
                    ``(B) air emissions from animal waste (including 
                decomposing animal waste) at a farm.
            ``(2) Definitions.--In this subsection:
                    ``(A) Animal waste.--
                          ``(i) In general.--The term `animal waste' 
                      means feces, urine, or other excrement, digestive 
                      emission, urea, or similar substances emitted by 
                      animals (including any form of livestock, poultry, 
                      or fish).
                          ``(ii) Inclusions.--The term `animal waste' 
                      includes animal waste that is mixed or commingled 
                      with bedding, compost, feed, soil, or any other 
                      material typically found with such waste.
                    ``(B) Farm.--The term `farm' means a site or area 
                (including associated structures) that--
                          ``(i) is used for--
                                    ``(I) the production of a crop; or
                                    ``(II) the raising or selling of 
                                animals (including any form of 
                                livestock, poultry, or fish); and
                          ``(ii) under normal conditions, produces 
                      during a farm year any agricultural products with 
                      a total value equal to not less than $1,000.''.

SEC. 1103 <<NOTE: 42 USC 9603 note.>> . APPLICATION.

    Nothing in this title or an amendment made by this title affects, or 
supersedes or modifies the responsibility or authority of any Federal 
official or employee to comply with or enforce, any requirement under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.), other than the hazardous substance 
notification requirements under section 103 of that Act (42 U.S.C. 9603) 
with respect to air emissions from animal waste at farms.

                       TITLE XII--TIPPED EMPLOYEES

SEC. 1201. TIPPED EMPLOYEES.

    (a) Prohibition on Keeping Tips.--Section 3(m) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(m)) is amended--
            (1) by redesignating paragraphs (1) and (2) as clauses (i) 
        and (ii), respectively;
            (2) by inserting ``(1)'' after ``(m)'';
            (3) by striking ``any employee. In determining'' and 
        inserting the following: ``any employee.

    ``(2)(A) In determining'';
            (4) in clause (ii) of paragraph (2)(A) (as so redesignated), 
        by striking ``paragraph (1)'' and inserting ``clause (i)''; and
            (5) by adding at the end the following:

    ``(B) An employer may not keep tips received by its employees for 
any purposes, including allowing managers or supervisors to keep any 
portion of employees' tips, regardless of whether or not the employer 
takes a tip credit.''.
    (b) Penalties.--Section 16 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 216) is amended--
            (1) in subsection (b)--

[[Page 132 STAT. 1149]]

                    (A) by inserting after the second sentence the 
                following: ``Any employer who violates section 
                3(m)(2)(B) shall be liable to the employee or employees 
                affected in the amount of the sum of any tip credit 
                taken by the employer and all such tips unlawfully kept 
                by the employer, and in an additional equal amount as 
                liquidated damages.''; and
                    (B) by striking ``either of'';
            (2) in subsection (c), by adding at the end the following: 
        ``The authority and requirements described in this subsection 
        shall apply with respect to a violation of section 3(m)(2)(B), 
        as appropriate, and the employer shall be liable for the amount 
        of the sum of any tip credit taken by the employer and all such 
        tips unlawfully kept by the employer, and an additional equal 
        amount as liquidated damages.''; and
            (3) in subsection (e)(2), by adding at the end the 
        following: ``Any person who violates section 3(m)(2)(B) shall be 
        subject to a civil penalty not to exceed $1,100 for each such 
        violation, as the Secretary determines appropriate, in addition 
        to being liable to the employee or employees affected for all 
        tips unlawfully kept, and an additional equal amount as 
        liquidated damages, as described in subsection (b).''.

    (c) <<NOTE: 29 USC 203 note.>>  Effect on Regulations.--The portions 
of the final rule promulgated by the Department of Labor entitled 
``Updating Regulations Issued Under the Fair Labor Standards Act'' (76 
Fed. Reg. 18832 (April 5, 2011)) that revised sections 531.52, 531.54, 
and 531.59 of title 29, Code of Federal Regulations (76 Fed. Reg. 18854-
18856) and that are not addressed by section 3(m) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(m)) (as such section was in effect 
on April 5, 2011), shall have no further force or effect until any 
future action taken by the Administrator of the Wage and Hour Division 
of the Department of Labor.

     TITLE XIII--REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT RULES

SEC. 1301. REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT RULES UNDER OPPS 
            FOR CERTAIN NEW DRUGS AND BIOLOGICALS.

    (a) Revisions to Pass-through Period and Payment Rules.--
            (1) In general.--Section 1833(t)(6) of the Social Security 
        Act (42 U.S.C. 1395l(t)(6)) is amended--
                    (A) in subparagraph (C)(i), in the matter preceding 
                subclause (I), by striking ``The payment'' and inserting 
                ``Subject to subparagraph (G), the payment'';
                    (B) in subparagraph (D)(i), by inserting ``subject 
                to subparagraph (H),'' before ``in the case''; and
                    (C) by adding at the end the following new 
                subparagraphs:
                    ``(G) Pass-through extension for certain drugs and 
                biologicals.--In the case of a drug or biological whose 
                period of pass-through status under this paragraph ended 
                on December 31, 2017, and for which payment under this 
                subsection was packaged into a payment for a covered

[[Page 132 STAT. 1150]]

                OPD service (or group of services) furnished beginning 
                January 1, 2018, such pass-through status shall be 
                extended for a 2-year period beginning on October 1, 
                2018.
                    ``(H) Temporary payment rule for certain drugs and 
                biologicals.--In the case of a drug or biological whose 
                period of pass-through status under this paragraph ended 
                on December 31, 2017, and for which payment under this 
                subsection was packaged into a payment for a covered OPD 
                service (or group of services) furnished beginning 
                January 1, 2018, the payment amount for such drug or 
                biological under this subsection that is furnished 
                during the period beginning on October 1, 2018, and 
                ending on March 31, 2019, shall be the greater of--
                          ``(i) the payment amount that would otherwise 
                      apply under subparagraph (D)(i) for such drug or 
                      biological during such period; or
                          ``(ii) the payment amount that applied under 
                      such subparagraph (D)(i) for such drug or 
                      biological on December 31, 2017.
                    ``(I) Special payment adjustment rules for last 
                quarter of 2018.--In the case of a drug or biological 
                whose period of pass-through status under this paragraph 
                ended on December 31, 2017, and for which payment under 
                this subsection was packaged into a payment amount for a 
                covered OPD service (or group of services) beginning 
                January 1, 2018, the following rules shall apply with 
                respect to payment amounts under this subsection for 
                covered a OPD service (or group of services) furnished 
                during the period beginning on October 1, 2018, and 
                ending on December 31, 2018:
                          ``(i) The Secretary shall remove the packaged 
                      costs of such drug or biological (as determined by 
                      the Secretary) from the payment amount under this 
                      subsection for the covered OPD service (or group 
                      of services) with which it is packaged.
                          ``(ii) The Secretary shall not make any 
                      adjustments to payment amounts under this 
                      subsection for a covered OPD service (or group of 
                      services) for which no costs were removed under 
                      clause (i).''.
            (2) Nonapplication of limit on aggregate annual adjustment 
        for 2018.--Section 1833(t)(6)(E)(i) of the Social Security Act 
        (42 U.S.C. 1395l(t)(6)(E)(i)) is amended by adding at the end 
        the following new sentence: ``This clause shall not apply for 
        2018.''.
            (3) Implementation <<NOTE: 42 USC 1395l note.>> .--
        Notwithstanding any other provision of law, the Secretary of 
        Health and Human Services may implement the amendments made by 
        paragraphs (1) and (2) by program instruction or otherwise.

    (b) GAO Study and Report.--
            (1) In general.--The Comptroller General of the United 
        States (in this subsection referred to as the ``Comptroller 
        General'') shall conduct a study on the policy for packaging 
        high cost drugs and biologicals after their pass-through status 
        under subsection (t)(6) of section 1833 of the Social Security 
        Act (42 U.S.C. 1395l) has expired under the payment systems for 
        hospital outpatient department services under section subsection 
        (t) of such section and for surgical services furnished

[[Page 132 STAT. 1151]]

        in an ambulatory surgical center under subsection (i) of such 
        section. Such study shall include an analysis of--
                    (A) the impact of such policy on--
                          (i) the utilization of such drugs and 
                      biologicals;
                          (ii) the availability of treatment options, 
                      including consultations with physicians and 
                      hospitals; and
                          (iii) to the extent practicable, the health 
                      outcomes of Medicare beneficiaries; and
                    (B) the impact of the amendments made by subsection 
                (a), including the impact on price competition and cost-
                sharing.
            (2) Report.--Not later than March 1, 2021, the Comptroller 
        General shall submit to Congress a report containing the results 
        of the study conducted under paragraph (1), together with 
        recommendations for such legislation and administrative action 
        as the Comptroller General determines appropriate.

                     DIVISION T--REVENUE PROVISIONS

SEC. 101. MODIFICATION OF DEDUCTION FOR QUALIFIED BUSINESS INCOME OF A 
            COOPERATIVE AND ITS PATRONS.

    (a) Deduction for Qualified Production Activities Income.--
            (1) In general.--Subsection (g) of section 199A of the 
        Internal Revenue Code of 1986 <<NOTE: 26 USC 199A.>>  is amended 
        to read as follows:

    ``(g) Deduction for Income Attributable to Domestic Production 
Activities of Specified Agricultural or Horticultural Cooperatives.--
            ``(1) Allowance of deduction.--
                    ``(A) In general.--In the case of a taxpayer which 
                is a specified agricultural or horticultural 
                cooperative, there shall be allowed as a deduction an 
                amount equal to 9 percent of the lesser of--
                          ``(i) the qualified production activities 
                      income of the taxpayer for the taxable year, or
                          ``(ii) the taxable income of the taxpayer for 
                      the taxable year.
                    ``(B) Limitation.--
                          ``(i) In general.--The deduction allowable 
                      under subparagraph (A) for any taxable year shall 
                      not exceed 50 percent of the W-2 wages of the 
                      taxpayer for the taxable year.
                          ``(ii) W-2 wages.--For purposes of this 
                      subparagraph, the W-2 wages of the taxpayer shall 
                      be determined in the same manner as under 
                      subsection (b)(4) (without regard to subparagraph 
                      (B) thereof and after application of subsection 
                      (b)(5)), except that such wages shall not include 
                      any amount which is not properly allocable to 
                      domestic production gross receipts for purposes of 
                      paragraph (3)(A).
                    ``(C) Taxable income of cooperatives determined 
                without regard to certain deductions.--For purposes of 
                this subsection, the taxable income of a specified 
                agricultural or horticultural cooperative shall be 
                computed without regard to any deduction allowable under 
                subsection (b) or (c) of section 1382 (relating to 
                patronage dividends,

[[Page 132 STAT. 1152]]

                per-unit retain allocations, and nonpatronage 
                distributions).
            ``(2) Deduction allowed to patrons.--
                    ``(A) In general.--In the case of any eligible 
                taxpayer who receives a qualified payment from a 
                specified agricultural or horticultural cooperative, 
                there shall be allowed as a deduction for the taxable 
                year in which such payment is received an amount equal 
                to the portion of the deduction allowed under paragraph 
                (1) to such cooperative which is--
                          ``(i) allowed with respect to the portion of 
                      the qualified production activities income to 
                      which such payment is attributable, and
                          ``(ii) identified by such cooperative in a 
                      written notice mailed to such taxpayer during the 
                      payment period described in section 1382(d).
                    ``(B) Limitation based on taxable income.--The 
                deduction allowed to any taxpayer under this paragraph 
                shall not exceed the taxable income of the taxpayer 
                determined without regard to the deduction allowed under 
                this paragraph and after taking into account any 
                deduction allowed to the taxpayer under subsection (a) 
                for the taxable year.
                    ``(C) Cooperative denied deduction for portion of 
                qualified payments.--The taxable income of a specified 
                agricultural or horticultural cooperative shall not be 
                reduced under section 1382 by reason of that portion of 
                any qualified payment as does not exceed the deduction 
                allowable under subparagraph (A) with respect to such 
                payment.
                    ``(D) Eligible taxpayer.--For purposes of this 
                paragraph, the term `eligible taxpayer' means--
                          ``(i) a taxpayer other than a corporation, or
                          ``(ii) a specified agricultural or 
                      horticultural cooperative.
                    ``(E) Qualified payment.--For purposes of this 
                section, the term `qualified payment' means, with 
                respect to any eligible taxpayer, any amount which--
                          ``(i) is described in paragraph (1) or (3) of 
                      section 1385(a),
                          ``(ii) is received by such taxpayer from a 
                      specified agricultural or horticultural 
                      cooperative, and
                          ``(iii) is attributable to qualified 
                      production activities income with respect to which 
                      a deduction is allowed to such cooperative under 
                      paragraph (1).
            ``(3) Qualified production activities income.--For purposes 
        of this subsection--
                    ``(A) In general.--The term `qualified production 
                activities income' for any taxable year means an amount 
                equal to the excess (if any) of--
                          ``(i) the taxpayer's domestic production gross 
                      receipts for such taxable year, over
                          ``(ii) the sum of--
                                    ``(I) the cost of goods sold that 
                                are allocable to such receipts, and

[[Page 132 STAT. 1153]]

                                    ``(II) other expenses, losses, or 
                                deductions (other than the deduction 
                                allowed under this subsection), which 
                                are properly allocable to such receipts.
                    ``(B) Allocation method.--The Secretary shall 
                prescribe rules for the proper allocation of items 
                described in subparagraph (A) for purposes of 
                determining qualified production activities income. Such 
                rules shall provide for the proper allocation of items 
                whether or not such items are directly allocable to 
                domestic production gross receipts.
                    ``(C) Special rules for determining costs.--
                          ``(i) In general.--For purposes of determining 
                      costs under subclause (I) of subparagraph (A)(ii), 
                      any item or service brought into the United States 
                      shall be treated as acquired by purchase, and its 
                      cost shall be treated as not less than its value 
                      immediately after it entered the United States. A 
                      similar rule shall apply in determining the 
                      adjusted basis of leased or rented property where 
                      the lease or rental gives rise to domestic 
                      production gross receipts.
                          ``(ii) Exports for further manufacture.--In 
                      the case of any property described in clause (i) 
                      that had been exported by the taxpayer for further 
                      manufacture, the increase in cost or adjusted 
                      basis under clause (i) shall not exceed the 
                      difference between the value of the property when 
                      exported and the value of the property when 
                      brought back into the United States after the 
                      further manufacture.
                    ``(D) Domestic production gross receipts.--
                          ``(i) In general.--The term `domestic 
                      production gross receipts' means the gross 
                      receipts of the taxpayer which are derived from 
                      any lease, rental, license, sale, exchange, or 
                      other disposition of any agricultural or 
                      horticultural product which was manufactured, 
                      produced, grown, or extracted by the taxpayer 
                      (determined after the application of paragraph 
                      (4)(B)) in whole or significant part within the 
                      United States. Such term shall not include gross 
                      receipts of the taxpayer which are derived from 
                      the lease, rental, license, sale, exchange, or 
                      other disposition of land.
                          ``(ii) Related persons.--
                                    ``(I) In general.--The term 
                                `domestic production gross receipts' 
                                shall not include any gross receipts of 
                                the taxpayer derived from property 
                                leased, licensed, or rented by the 
                                taxpayer for use by any related person.
                                    ``(II) Related person.--For purposes 
                                of subclause (I), a person shall be 
                                treated as related to another person if 
                                such persons are treated as a single 
                                employer under subsection (a) or (b) of 
                                section 52 or subsection (m) or (o) of 
                                section 414, except that determinations 
                                under subsections (a) and (b) of section 
                                52 shall be made without regard to 
                                section 1563(b).
            ``(4) Specified agricultural or horticultural cooperative.--
        For purposes of this section--

[[Page 132 STAT. 1154]]

                    ``(A) In general.--The term `specified agricultural 
                or horticultural cooperative' means an organization to 
                which part I of subchapter T applies which is engaged--
                          ``(i) in the manufacturing, production, 
                      growth, or extraction in whole or significant part 
                      of any agricultural or horticultural product, or
                          ``(ii) in the marketing of agricultural or 
                      horticultural products.
                    ``(B) Application to marketing cooperatives.--A 
                specified agricultural or horticultural cooperative 
                described in subparagraph (A)(ii) shall be treated as 
                having manufactured, produced, grown, or extracted in 
                whole or significant part any agricultural or 
                horticultural product marketed by the specified 
                agricultural or horticultural cooperative which its 
                patrons have so manufactured, produced, grown, or 
                extracted.
            ``(5) Definitions and special rules.--
                    ``(A) Special rule for affiliated groups.--
                          ``(i) In general.--All members of an expanded 
                      affiliated group shall be treated as a single 
                      corporation for purposes of this subsection.
                          ``(ii) Partnerships owned by expanded 
                      affiliated groups.--For purposes of paragraph 
                      (3)(D), if all of the interests in the capital and 
                      profits of a partnership are owned by members of a 
                      single expanded affiliated group at all times 
                      during the taxable year of such partnership, the 
                      partnership and all members of such group shall be 
                      treated as a single taxpayer during such period.
                          ``(iii) Expanded affiliated group.--For 
                      purposes of this subsection, the term `expanded 
                      affiliated group' means an affiliated group as 
                      defined in section 1504(a), determined--
                                    ``(I) by substituting `more than 50 
                                percent' for `at least 80 percent' each 
                                place it appears, and
                                    ``(II) without regard to paragraphs 
                                (2) and (4) of section 1504(b).
                          ``(iv) Allocation of deduction.--Except as 
                      provided in regulations, the deduction under 
                      paragraph (1) shall be allocated among the members 
                      of the expanded affiliated group in proportion to 
                      each member's respective amount (if any) of 
                      qualified production activities income.
                    ``(B) Special rule for cooperative partners.--In the 
                case of a specified agricultural or horticultural 
                cooperative which is a partner in a partnership, rules 
                similar to the rules of subsection (f)(1) shall apply 
                for purposes of this subsection.
                    ``(C) Trade or business requirement.--This 
                subsection shall be applied by only taking into account 
                items which are attributable to the actual conduct of a 
                trade or business.
                    ``(D) Unrelated business taxable income.--For 
                purposes of determining the tax imposed by section 511, 
                this section shall be applied by substituting `unrelated 
                business taxable income' for `taxable income' each place 
                it appears in this section (other than this 
                subparagraph).

[[Page 132 STAT. 1155]]

                    ``(E) Special rule for cooperative with oil related 
                qualified production activities income.--
                          ``(i) In general.--If a specified agricultural 
                      or horticultural cooperative has oil related 
                      qualified production activities income for any 
                      taxable year, the amount otherwise allowable as a 
                      deduction under paragraph (1) shall be reduced by 
                      3 percent of the least of--
                                    ``(I) the oil related qualified 
                                production activities income of the 
                                cooperative for the taxable year,
                                    ``(II) the qualified production 
                                activities income of the cooperative for 
                                the taxable year, or
                                    ``(III) taxable income.
                          ``(ii) Oil related qualified production 
                      activities income.--For purposes of this 
                      subparagraph, the term `oil related qualified 
                      production activities income' means for any 
                      taxable year the qualified production activities 
                      income which is attributable to the production, 
                      refining, processing, transportation, or 
                      distribution of oil, gas, or any primary product 
                      thereof (within the meaning of section 
                      927(a)(2)(C), as in effect before its repeal) 
                      during such taxable year.
            ``(6) Regulations.--The Secretary shall prescribe such 
        regulations as are necessary to carry out the purposes of this 
        subsection, including regulations which prevent more than 1 
        taxpayer from being allowed a deduction under this subsection 
        with respect to any activity described in paragraph (3)(D)(i). 
        Such regulations shall be based on the regulations applicable to 
        cooperatives and their patrons under section 199 (as in effect 
        before its repeal).''.
            (2) Conforming amendments.--
                    (A) Sections 63(b)(3), 63(d)(3), 199A(e)(1), and 
                6662(d)(1)(C) of such Code <<NOTE: 26 USC 63, 199A, 
                6662.>>  are each amended by striking ``the deduction'' 
                and inserting ``any deduction''.
                    (B) The last sentence of section 62(a) of such Code 
                and section 172(d)(8) of such Code are each amended by 
                striking ``The deduction'' and inserting ``Any 
                deduction''.
                    (C) Section 199A(e)(1) of such Code is amended by 
                striking ``Taxable income'' and inserting ``Except as 
                otherwise provided in subsection (g)(2)(B), taxable 
                income''.
                    (D) Section 613(a) of such Code is amended by 
                striking ``the deduction under section 199A'' and 
                inserting ``any deduction under section 199A''.

    (b) Modifications Related to Payments From Cooperatives.--
            (1) Repeal of special deduction for qualified cooperative 
        dividends.--Subsection (a) of section 199A of such Code is 
        amended to read as follows:

    ``(a) Allowance of Deduction.--In the case of a taxpayer other than 
a corporation, there shall be allowed as a deduction for any taxable 
year an amount equal to the lesser of--
            ``(1) the combined qualified business income amount of the 
        taxpayer, or
            ``(2) an amount equal to 20 percent of the excess (if any) 
        of--
                    ``(A) the taxable income of the taxpayer for the 
                taxable year, over

[[Page 132 STAT. 1156]]

                    ``(B) the net capital gain (as defined in section 
                1(h)) of the taxpayer for such taxable year.''.
            (2) Repeal of rule excluding qualified cooperative dividends 
        from qualified business income.--
                    (A) In general.--Section 199A(c)(1) of such 
                Code <<NOTE: 26 USC 199A.>>  is amended by striking ``, 
                qualified cooperative dividends,''.
                    (B) Conforming amendments.--
                          (i) Section 199A(c)(3)(B) of such Code is 
                      amended--
                                    (I) by striking ``investment'' in 
                                the matter preceding clause (i), and
                                    (II) by adding at the end of clause 
                                (ii) the following: ``Any amount 
                                described in section 1385(a)(1) shall 
                                not be treated as described in this 
                                clause.''.
                          (ii) Section 199A(e) of such Code is amended 
                      by striking paragraph (4) and by redesignating 
                      paragraph (5) as paragraph (4).
            (3) Reduction of qualified business income with respect to 
        income received from cooperatives.--Section 199A(b) of such Code 
        is amended by adding at the end the following new paragraph:
            ``(7) Special rule with respect to income received from 
        cooperatives.--In the case of any qualified trade or business of 
        a patron of a specified agricultural or horticultural 
        cooperative, the amount determined under paragraph (2) with 
        respect to such trade or business shall be reduced by the lesser 
        of--
                    ``(A) 9 percent of so much of the qualified business 
                income with respect to such trade or business as is 
                properly allocable to qualified payments received from 
                such cooperative, or
                    ``(B) 50 percent of so much of the W-2 wages with 
                respect to such trade or business as are so 
                allocable.''.

    (c) Application of Section 199 to Certain Qualified Payments Paid 
After 2017.--Subsection (c) of section 13305 of Public Law 115-
97 <<NOTE: 26 USC 74 note.>>  is amended to read as follows:

    ``(c) Effective Dates.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years 
        beginning after December 31, 2017.
            ``(2) Transition rule for qualified payments of patrons of 
        cooperatives.--
                    ``(A) In general.--The amendments made by this 
                section shall not apply to a qualified payment received 
                by a taxpayer from a specified agricultural or 
                horticultural cooperative in a taxable year of the 
                taxpayer beginning after December 31, 2017, which is 
                attributable to qualified production activities income 
                with respect to which a deduction is allowable to the 
                cooperative under section 199 of the Internal Revenue 
                Code of 1986 (as in effect before the amendments made by 
                this section) for a taxable year of the cooperative 
                beginning before January 1, 2018. Any term used in this 
                subparagraph which is also used in section 199 of such 
                Code (as so in effect) shall have the same meaning as 
                when used in such section.
                    ``(B) Coordination with section 199a.--No deduction 
                shall be allowed under section 199A of such Code for any 
                qualified payment to which subparagraph (A) applies.''.

[[Page 132 STAT. 1157]]

    (d) <<NOTE: 26 USC 62 note.>>  Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall take 
        effect as if included in section 11011 of Public Law 115-97.
            (2) Application of section 199 to certain qualified payments 
        paid after 2017.--The amendment made by subsection (c) shall 
        take effect as if included in section 13305 of Public Law 115-
        97.

SEC. 102. INCREASE IN STATE HOUSING CREDIT CEILING FOR , 2019, 2020, 
            2021.

    (a) In General.--Section 42(h)(3)(I) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 42.>>  is amended to read as follows:
                    ``(I) Increase in state housing credit ceiling for 
                2018, 2019, 2020, and 2021.--In the case of calendar 
                years 2018, 2019, 2020, and 2021, each of the dollar 
                amounts in effect under clauses (I) and (II) of 
                subparagraph (C)(ii) for any calendar year (after any 
                increase under subparagraph (H)) shall be increased by 
                multiplying such dollar amount by 1.125.''.

    (b) <<NOTE: 26 USC 42 note.>>  Effective Date.--The amendment made 
by this section shall apply to calendar years beginning after December 
31, 2017.

SEC. 103. AVERAGE INCOME TEST FOR LOW-INCOME HOUSING CREDIT.

    (a) In General.--Paragraph (1) of section 42(g) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``subparagraph (A) or (B)'' and inserting 
        ``subparagraph (A), (B), or (C)'', and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Average income test.--
                          ``(i) In general.--The project meets the 
                      minimum requirements of this subparagraph if 40 
                      percent or more (25 percent or more in the case of 
                      a project described in section 142(d)(6)) of the 
                      residential units in such project are both rent-
                      restricted and occupied by individuals whose 
                      income does not exceed the imputed income 
                      limitation designated by the taxpayer with respect 
                      to the respective unit.
                          ``(ii) Special rules relating to income 
                      limitation.--For purposes of clause (i)--
                                    ``(I) Designation.--The taxpayer 
                                shall designate the imputed income 
                                limitation of each unit taken into 
                                account under such clause.
                                    ``(II) Average test.--The average of 
                                the imputed income limitations 
                                designated under subclause (I) shall not 
                                exceed 60 percent of area median gross 
                                income.
                                    ``(III) 10-percent increments.--The 
                                designated imputed income limitation of 
                                any unit under subclause (I) shall be 20 
                                percent, 30 percent, 40 percent, 50 
                                percent, 60 percent, 70 percent, or 80 
                                percent of area median gross income.''.

    (b) Rules Relating to Next Available Unit.--Subparagraph (D) of 
section 42(g)(2) of the Internal Revenue Code of 1986 is amended--
            (1) in clause (i), by striking ``clause (ii)'' and inserting 
        ``clauses (ii), (iii), and (iv)'',

[[Page 132 STAT. 1158]]

            (2) in clause (ii)--
                    (A) by striking ``If'' and inserting ``In the case 
                of a project with respect to which the taxpayer elects 
                the requirements of subparagraph (A) or (B) of paragraph 
                (1), if'',
                    (B) by striking the second sentence, and
                    (C) by striking ``Next available unit must be rented 
                to low-income tenant if income rises above 140 percent 
                of income limit'' in the heading and inserting ``Rental 
                of next available unit in case of 20-50 or 40-60 test'', 
                and
            (3) by adding at the end the following new clauses:
                          ``(iii) Rental of next available unit in case 
                      of average income test.--In the case of a project 
                      with respect to which the taxpayer elects the 
                      requirements of subparagraph (C) of paragraph (1), 
                      if the income of the occupants of the unit 
                      increases above 140 percent of the greater of--
                                    ``(I) 60 percent of area median 
                                gross income, or
                                    ``(II) the imputed income limitation 
                                designated with respect to the unit 
                                under paragraph (1)(C)(ii)(I),
                      clause (i) shall cease to apply to any such unit 
                      if any residential rental unit in the building (of 
                      a size comparable to, or smaller than, such unit) 
                      is occupied by a new resident whose income exceeds 
                      the limitation described in clause (v).
                          ``(iv) Deep rent skewed projects.--In the case 
                      of a project described in section 142(d)(4)(B), 
                      clause (ii) or (iii), whichever is applicable, 
                      shall be applied by substituting `170 percent' for 
                      `140 percent', and--
                                    ``(I) in the case of clause (ii), by 
                                substituting `any low-income unit in the 
                                building is occupied by a new resident 
                                whose income exceeds 40 percent of area 
                                median gross income' for `any 
                                residential rental unit' and all that 
                                follows in such clause, and
                                    ``(II) in the case of clause (iii), 
                                by substituting `any low-income unit in 
                                the building is occupied by a new 
                                resident whose income exceeds the lesser 
                                of 40 percent of area median gross 
                                income or the imputed income limitation 
                                designated with respect to such unit 
                                under paragraph (1)(C)(ii)(I)' for `any 
                                residential rental unit' and all that 
                                follows in such clause.
                          ``(v) Limitation described.--For purposes of 
                      clause (iii), the limitation described in this 
                      clause with respect to any unit is--
                                    ``(I) the imputed income limitation 
                                designated with respect to such unit 
                                under paragraph (1)(C)(ii)(I), in the 
                                case of a unit which was taken into 
                                account as a low-income unit prior to 
                                becoming vacant, and
                                    ``(II) the imputed income limitation 
                                which would have to be designated with 
                                respect to such unit under such 
                                paragraph in order for the project

[[Page 132 STAT. 1159]]

                                to continue to meet the requirements of 
                                paragraph (1)(C)(ii)(II), in the case of 
                                any other unit.''.

    (c) <<NOTE: 26 USC 42 note.>>  Effective Date.--The amendments made 
by this section shall apply to elections made under section 42(g)(1) of 
the Internal Revenue Code of 1986 after the date of the enactment of 
this Act.

   DIVISION U <<NOTE: Tax Technical Corrections Act of 2018.>> --TAX 
TECHNICAL CORRECTIONS

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC.

    (a) <<NOTE: 26 USC 1 note.>>  Short Title.--This division may be 
cited as the ``Tax Technical Corrections Act of 2018''.

    (b) Amendment of Internal Revenue Code of 1986.--Except as otherwise 
expressly provided, whenever in this division an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Internal Revenue Code of 1986.
    (c) Table of Contents.--The table of contents for this division is 
as follows:

Sec. 1. Short title; table of contents; etc.

                   TITLE I--TAX TECHNICAL CORRECTIONS

Sec. 101. Amendments relating to Protecting Americans from Tax Hikes Act 
           of 2015.
Sec. 102. Amendment relating to Consolidated Appropriations Act, 2016.
Sec. 103. Amendments relating to Fixing America's Surface Transportation 
           Act.
Sec. 104. Amendments relating to Surface Transportation and Veterans 
           Health Care Choice Improvement Act of 2015.
Sec. 105. Amendments relating to Stephen Beck, Jr., ABLE Act of 2014.
Sec. 106. Amendment relating to American Taxpayer Relief Act of 2012.
Sec. 107. Amendment relating to United States-Korea Free Trade Agreement 
           Implementation Act.
Sec. 108. Amendment relating to SAFETEA-LU.
Sec. 109. Amendments relating to the American Jobs Creation Act of 2004.

   TITLE II--TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES

Sec. 201. Scope of adjustments subject to partnership audit rules.
Sec. 202. Determination of imputed underpayments.
Sec. 203. Alternative procedure to filing amended returns for purposes 
           of modifying imputed underpayment.
Sec. 204. Treatment of passthrough partners in tiered structures.
Sec. 205. Treatment of failure of partnership to pay imputed 
           underpayment.
Sec. 206. Other technical corrections related to partnership audit 
           rules.
Sec. 207. Effective date.

                      TITLE III--OTHER CORRECTIONS

Sec. 301. Amendments relating to the Bipartisan Budget Act of 2015.
Sec. 302. Amendments relating to the Energy Policy Act of 2005.

               TITLE IV--CLERICAL CORRECTIONS AND DEADWOOD

Sec. 401. Clerical corrections and deadwood-related provisions.

[[Page 132 STAT. 1160]]

                   TITLE I--TAX TECHNICAL CORRECTIONS

SEC. 101. AMENDMENTS RELATING TO PROTECTING AMERICANS FROM TAX HIKES ACT 
            OF 2015.

    (a) Amendment Relating to Section 103.--
            (1) Section 32(b)(2) <<NOTE: 26 USC 32.>>  is amended--
                    (A) by striking clauses (ii) and (iii) of 
                subparagraph (B), and
                    (B) by striking so much of subparagraph (B) as 
                precedes ``In the case of a joint return'' and inserting 
                the following:
                    ``(B) Joint returns.--''.
            (2) Section 32(j)(1) is amended--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``after 1996'' and inserting ``after 2015'',
                    (B) in subparagraph (B) by inserting ``by 
                substituting in subparagraph (A)(ii) thereof'' after ``, 
                determined'' ,
                    (C) in subparagraph (B)(i) by striking ``by 
                substituting'' and ``in subparagraph (A)(ii) thereof'',
                    (D) in subparagraph (B)(ii)--
                          (i) by striking ``by substituting'' and ``in 
                      subparagraph (A)(ii) of such section 1'',
                          (ii) by striking ``$3,000'' and inserting 
                      ``$5,000'',
                          (iii) by striking ``(b)(2)(B)(iii)'' and 
                      inserting ``(b)(2)(B)'', and
                          (iv) by striking ``2007'' and inserting 
                      ``2008''.

    (b) Amendment Relating to Section 105.--Section 132(f)(6)(A) is 
amended by striking the second sentence.
    (c) Amendments Relating to Section 121.--Section 41(c) is amended--
            (1) by striking paragraph (4),
            (2) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (4), (5), and (6), respectively, and
            (3) by striking the last sentence of paragraph (4)(C) (as so 
        redesignated).

    (d) Amendments Relating to Section 143.--
            (1) Section 168(k)(2)(B)(i)(III) is amended by inserting 
        ``binding'' before ``contract''.
            (2) Section 168(k)(5)(B)(ii) is amended--
                    (A) by inserting ``crop or'' after ``more than 
                one'', and
                    (B) by inserting ``a marketable crop or yield of'' 
                after ``begins bearing''.
            (3) <<NOTE: 26 USC 168 note.>>  For purposes of applying 
        section 168(k) of the Internal Revenue Code of 1986, as in 
        effect on the day before the date of the enactment of Public Law 
        115-97, with respect to property acquired before September 28, 
        2017, paragraph (6) thereof shall be treated as reading as 
        follows (and as having been included in section 143 of the 
        Protecting Americans from Tax Hikes Act of 2015):
            ``(6) Phase-down.--In the case of qualified property placed 
        in service by the taxpayer after December 31, 2017 (December 31, 
        2018, in the case of property described in subparagraph (B) or 
        (C) of paragraph (2)), paragraph (1)(A) shall be applied by 
        substituting for `50 percent'--
                    ``(A) `40 percent' in the case of--

[[Page 132 STAT. 1161]]

                          ``(i) property placed in service in 2018 
                      (other than property described in subparagraph (B) 
                      or (C) of paragraph (2)), and
                          ``(ii) property described in subparagraph (B) 
                      or (C) of paragraph (2) which is placed in service 
                      in 2019, and
                    ``(B) `30 percent' in the case of--
                          ``(i) property placed in service in 2019 
                      (other than property described in subparagraph (B) 
                      or (C) of paragraph (2)), and
                          ``(ii) property described in subparagraph (B) 
                      or (C) of paragraph (2) which is placed in service 
                      in 2020.''.
            (4) <<NOTE: 26 USC 168 note.>>  Section 168(k)(7) of the 
        Internal Revenue Code of 1986, as in effect on the day before 
        the date of the enactment of Public Law 115-97, shall be 
        applied--
                    (A) by substituting ``paragraphs (1), (2)(F), and 
                (4)'' for ``paragraphs (1) and (2)(F)'', and
                    (B) as if the application of such substitution had 
                been included in section 143 of the Protecting Americans 
                from Tax Hikes Act of 2015.

    (e) Amendments Relating to Section 167.--
            (1) Section 168(j)(3) <<NOTE: 26 USC 168.>>  is amended by 
        striking ``property to which paragraph (1) applies'' and 
        inserting ``qualified Indian reservation property''.
            (2) Section 168(j)(8) is amended by striking ``this 
        subsection'' and inserting ``paragraph (1)''.

    (f) Amendments Relating to Section 202.--
            (1) Section 6722(c)(3)(A) is amended--
                    (A) by striking ``any information return'' in clause 
                (iii) and inserting ``the payee statement'', and
                    (B) by striking ``filed'' in the flush matter at the 
                end and inserting ``furnished''.
            (2) Section 6721(c)(3)(A) is amended by striking ``any 
        information return'' and inserting ``the information return''.
            (3) Section 202(e) of the Protecting Americans from Tax 
        Hikes Act of 2015 <<NOTE: 26 USC 6045 note.>>  is amended by 
        striking ``provided'' and inserting ``furnished''.

    (g) Amendments Relating to Section 203.--
            (1) Section 6109(i)(1)(A)(i) is amended by striking 
        ``community-based certified acceptance agent'' and inserting 
        ``community-based certifying acceptance agent''.
            (2) Section 6109(i)(1)(B) is amended by striking ``Internal 
        Revenue Service'' and inserting ``Internal Revenue Service, a 
        community-based certifying acceptance agent approved by the 
        Secretary,''.
            (3) Section 6109(i)(3) is amended--
                    (A) in subparagraph (A)--
                          (i) by inserting ``ending after the issuance 
                      of such number'' before the period at the end of 
                      the first sentence, and
                          (ii) by striking ``on the last day of such 
                      third consecutive taxable year'' and inserting 
                      ``on the day after the due date for the return of 
                      tax for such third consecutive taxable year'', and
                    (B) by striking subparagraph (B)(ii) and inserting 
                the following:

[[Page 132 STAT. 1162]]

                          ``(ii) if the individual does not file a 
                      return of tax (or is not included as a dependent 
                      on the return of tax of another taxpayer) for 3 
                      consecutive taxable years at least one of which 
                      ends after December 18, 2015, the due date for the 
                      return of tax for such third consecutive taxable 
                      year.''.
            (4) Section 203(c) of the Protecting Americans from Tax 
        Hikes Act of 2015 <<NOTE: 26 USC 6109 note.>>  is amended--
                    (A) by striking ``section 6109(i)(1)(A)(i)'' and 
                inserting ``section 6109(i)(1)'',
                    (B) by striking ``community-based certified 
                acceptance agents'' and inserting ``community-based 
                certifying acceptance agents'', and
                    (C) by striking ``Certified'' in the heading thereof 
                and inserting ``Certifying''.
            (5) Section 203(f) of the Protecting Americans from Tax 
        Hikes Act of 2015 is amended by striking ``The amendments'' and 
        inserting ``Except to the extent provided in section 6109(i)(3) 
        of the Internal Revenue Code of 1986, the amendments''.

    (h) Amendments Relating to Section 204.--Section 204(b) of the 
Protecting Americans from Tax Hikes Act of 2015 <<NOTE: 26 USC 32 
note.>>  is amended--
            (1) by striking paragraph (2), and
            (2) by striking so much as precedes ``amendment made by this 
        section'' and inserting the following: ``(b) Effective Date.--
        The''.

    (i) Amendments Relating to Section 205.--
            (1) Section 24(e)(2) <<NOTE: 26 USC 24.>>  is amended by 
        striking ``identifying number'' and inserting ``taxpayer 
        identification number''.
            (2) Section 205(c) of the Protecting Americans from Tax 
        Hikes Act of 2015 <<NOTE: 26 USC 24 note.>>  is amended--
                    (A) by striking paragraph (2), and
                    (B) by striking so much as precedes ``shall apply to 
                any return of tax'' and inserting the following: ``(c) 
                Effective Date.--The amendments made by this section''.

    (j) Amendments Relating to Section 206.--Section 206(b) of the 
Protecting Americans from Tax Hikes Act of 2015 <<NOTE: 26 USC 25A 
note.>>  is amended--
            (1) by striking ``Except as provided in paragraph (2), the 
        amendment'' in paragraph (1) and inserting ``The amendment'', 
        and
            (2) by striking paragraph (2) and redesignating paragraph 
        (3) as paragraph (2).

    (k) Amendment Relating to Section 209.--Section 209(d)(2) of the 
Protecting Americans from Tax Hikes Act of 2015 <<NOTE: 26 USC 6676 
note.>>  is amended by striking ``amendment made by subsection (b)'' and 
inserting ``amendments made by subsections (b) and (c)''.

    (l) Amendments Related to Sections 102, 206, 207, 208, and 211.--
            (1) Section 25A(b)(1) is amended--
                    (A) in subparagraph (A) by striking ``$1,000'' and 
                inserting ``$2,000'', and
                    (B) in subparagraph (B)--
                          (i) by striking ``50 percent'' and inserting 
                      ``25 percent'',

[[Page 132 STAT. 1163]]

                          (ii) by striking ``$1,000'' and inserting 
                      ``$2,000'', and
                          (iii) by striking ``the applicable limit'' and 
                      inserting ``$4,000''.
            (2) Subparagraphs (A) and (C) of section 
        25A(b)(2) <<NOTE: 26 USC 25A.>>  are amended by striking ``2'' 
        in the heading and text of each subparagraph and inserting 
        ``4''.
            (3) Section 25A(b)(4) is amended to read as follows:
            ``(4) Restrictions on taxpayers who improperly claimed 
        american opportunity tax credit in prior years.--
                    ``(A) Taxpayers making prior fraudulent or reckless 
                claims.--
                          ``(i) In general.--No American Opportunity Tax 
                      Credit shall be allowed under this section for any 
                      taxable year in the disallowance period.
                          ``(ii) Disallowance period.--For purposes of 
                      subparagraph (A), the disallowance period is--
                                    ``(I) the period of 10 taxable years 
                                after the most recent taxable year for 
                                which there was a final determination 
                                that the taxpayer's claim of the 
                                American Opportunity Tax Credit under 
                                this section was due to fraud, and
                                    ``(II) the period of 2 taxable years 
                                after the most recent taxable year for 
                                which there was a final determination 
                                that the taxpayer's claim of the 
                                American Opportunity Tax Credit under 
                                this section was due to reckless or 
                                intentional disregard of rules and 
                                regulations (but not due to fraud).
                    ``(B) Taxpayers making improper prior claims.--In 
                the case of a taxpayer who is denied the American 
                Opportunity Tax Credit under this section for any 
                taxable year as a result of the deficiency procedures 
                under subchapter B of chapter 63, no American 
                Opportunity Tax Credit shall be allowed under this 
                section for any subsequent taxable year unless the 
                taxpayer provides such information as the Secretary may 
                require to demonstrate eligibility for such credit.''.
            (4) Section 25A(d) is amended to read as follows:

    ``(d) Limitations Based on Modified Adjusted Gross Income.--
            ``(1) American opportunity tax credit.--The American 
        Opportunity Tax Credit (determined without regard to this 
        paragraph) shall be reduced (but not below zero) by the amount 
        which bears the same ratio to such credit (as so determined) 
        as--
                    ``(A) the excess of--
                          ``(i) the taxpayer's modified adjusted gross 
                      income for such taxable year, over
                          ``(ii) $80,000 ($160,000 in the case of a 
                      joint return), bears to
                    ``(B) $10,000 ($20,000 in the case of a joint 
                return).
            ``(2) Lifetime learning credit.--The Lifetime Learning 
        Credit (determined without regard to this paragraph) shall be 
        reduced (but not below zero) by the amount which bears the same 
        ratio to such credit (as so determined) as--
                    ``(A) the excess of--

[[Page 132 STAT. 1164]]

                          ``(i) the taxpayer's modified adjusted gross 
                      income for such taxable year, over
                          ``(ii) $40,000 ($80,000 in the case of a joint 
                      return), bears to
                    ``(B) $10,000 ($20,000 in the case of a joint 
                return).
            ``(3) Modified adjusted gross income.--For purposes of this 
        subsection, the term `modified adjusted gross income' means the 
        adjusted gross income of the taxpayer for the taxable year 
        increased by any amount excluded from gross income under section 
        911, 931, or 933.''.
            (5) Section 25A(f)(1) <<NOTE: 26 USC 25A.>>  is amended by 
        adding at the end the following new subparagraph:
                    ``(D) Required course materials taken into account 
                for american opportunity tax credit.--For purposes of 
                determining the American Opportunity Tax Credit, 
                subparagraph (A) shall be applied by substituting 
                `tuition, fees, and course materials' for `tuition and 
                fees'.''.
            (6) Section 25A(g)(1) is amended--
                    (A) by striking ``No credit'' and inserting the 
                following:
                    ``(A) In general.--No credit'', and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Additional identification requirements with 
                respect to american opportunity tax credit.--
                          ``(i) Student.--The requirements of 
                      subparagraph (A) shall not be treated as met with 
                      respect to the American Opportunity Tax Credit 
                      unless the individual's taxpayer identification 
                      number was issued on or before the due date for 
                      filing the return of tax for the taxable year.
                          ``(ii) Taxpayer.--No American Opportunity Tax 
                      Credit shall be allowed under this section if the 
                      taxpayer identification number of the taxpayer was 
                      issued after the due date for filing the return 
                      for the taxable year.
                          ``(iii) Institution.--No American Opportunity 
                      Tax Credit shall be allowed under this section 
                      unless the taxpayer includes the employer 
                      identification number of any institution to which 
                      qualified tuition and related expenses were paid 
                      with respect to the individual.''.
            (7) Section 25A(h) is amended to read as follows:

    ``(h) Inflation Adjustment.--
            ``(1) In general.--In the case of a taxable year beginning 
        after 2001, the $40,000 and $80,000 amounts in subsection (d)(2) 
        shall each be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined under 
                section 1(f)(3) for the calendar year in which the 
                taxable year begins, determined by substituting 
                `calendar year 2000' for `calendar year 2016' in 
                subparagraph (A)(ii) thereof.
            ``(2) Rounding.--If any amount as adjusted under paragraph 
        (1) is not a multiple of $1,000, such amount shall be rounded to 
        the next lowest multiple of $1,000.''.
            (8) Section 25A(i) is amended to read as follows:

    ``(i) Portion of American Opportunity Tax Credit Made Refundable.--
Forty percent of so much of the credit allowed under

[[Page 132 STAT. 1165]]

subsection (a) as is attributable to the American Opportunity Tax Credit 
(determined after application of subsection (d) and without regard to 
this paragraph and section 26(a)) shall be treated as a credit allowable 
under subpart C (and not allowed under subsection (a)). The preceding 
sentence shall not apply to any taxpayer for any taxable year if such 
taxpayer is a child to whom subsection (g) of section 1 applies for such 
taxable year.''.
            (9) The heading of section 25A <<NOTE: 26 USC 25A.>>  is 
        amended by striking ``<SUP>hope</SUP>'' and inserting 
        ``<SUP>american</SUP> opportunity</SUP>''.
            (10) The item relating to section 25A in the table of 
        contents for subpart A of part IV of subchapter A of chapter 
        1 <<NOTE: 26 USC 21 prec.>>  is amended to read as follows:

``Sec. 25A. American Opportunity and Lifetime Learning credits.''.

            (11) The heading of section 25A(b) is amended by striking 
        ``Hope Scholarship Credit'' and inserting ``American Opportunity 
        Tax Credit''.
            (12) The heading of section 25A(b)(2) is amended by striking 
        ``hope scholarship credit'' and inserting ``american opportunity 
        tax credit''.
            (13) The heading of section 25A(c)(2)(A) is amended by 
        striking ``hope scholarship'' and inserting ``american 
        opportunity tax credit''.
            (14) Section 25A, as amended by the preceding provisions of 
        this Act, is amended by striking ``Hope Scholarship Credit'' 
        each place it appears in the text and inserting ``American 
        Opportunity Tax Credit''.
            (15) The heading of section 529(c)(3)(B)(v) is amended by 
        striking ``hope'' and inserting ``american opportunity''.
            (16) The heading of section 530(d)(2)(C) is amended by 
        striking ``hope'' and inserting ``american opportunity''.
            (17) Section 6211(b)(4)(A), as amended by this Act, is 
        amended by striking ``subsection (i)(5)'' and inserting 
        ``subsection (i)''.
            (18) Section 6213(g)(2)(Q) is amended to read as follows:
                    ``(Q) an omission of information required by section 
                25A(b)(4)(B) or an entry on the return claiming the 
                American Opportunity Tax Credit for a taxable year for 
                which such credit is disallowed under section 
                25A(b)(4)(A).''.
            (19) Section 207(b)(1) of the Protecting Americans from Tax 
        Hikes Act of 2015 <<NOTE: 129 Stat. 3082.>>  is amended by 
        striking ``the American opportunity tax credit under section 
        25A(i) of such Code'' and inserting ``the American Opportunity 
        Tax Credit under section 25A of such Code''.

    (m) Amendment Relating to Section 311.--
            (1) The last sentence of section 355(h)(2)(B) is amended by 
        striking ``80 percent'' both places it appears and inserting 
        ``at least 80 percent''.
            (2) Section 355(h)(2) is amended--
                    (A) by striking ``spinoffs'' in the heading of such 
                paragraph and inserting ``distributions'', and
                    (B) by striking ``Spinoffs'' in the headings of 
                subparagraphs (A) and (B) and inserting 
                ``Distributions''.

    (n) Amendment Relating to Section 318.--
            (1) Section 856(c)(9)(A) is amended--
                    (A) by striking ``Personal property'' and inserting 
                the following:

[[Page 132 STAT. 1166]]

                          ``(i) In general.--Personal property'', and
                    (B) by adding at the end the following new clause:
                          ``(ii) Treatment of gain on disposition.--If--
                                    ``(I) personal property is leased 
                                under, or in connection with, a lease of 
                                real property, for a period of not less 
                                than 1 year, and rents attributable to 
                                such personal property are treated as 
                                rents from real property under 
                                subsection (d)(1)(C),
                                    ``(II) any portion of such personal 
                                property and any portion of such real 
                                property are sold, or otherwise disposed 
                                of, in a single disposition (or 
                                contemporaneously in separate 
                                dispositions), and
                                    ``(III) the fair market value of the 
                                personal property so sold or 
                                contemporaneously disposed of 
                                (determined at the time of disposition) 
                                does not exceed 15 percent of the total 
                                fair market value of all of the personal 
                                and real property so sold or 
                                contemporaneously disposed of 
                                (determined at the time of disposition),
                      any gain from such dispositions shall be treated 
                      for purposes of paragraphs (2)(H) and (3)(H) as 
                      gain from the disposition of a real estate 
                      asset.''.
            (2) Section 856(c)(9)(B) <<NOTE: 26 USC 856.>>  is amended 
        to read as follows:
                    ``(B) Certain personal property mortgaged in 
                connection with real property.--
                          ``(i) In general.--In the case of an 
                      obligation secured by a mortgage on both real 
                      property and personal property, if the fair market 
                      value of such personal property does not exceed 15 
                      percent of the total fair market value of all such 
                      property, such obligation shall be treated--
                                    ``(I) for purposes of paragraph 
                                (3)(B), as an obligation described 
                                therein,
                                    ``(II) for purposes of paragraph 
                                (4)(A), as a real estate asset, and
                                    ``(III) for purposes of paragraphs 
                                (2)(D) and (3)(C), as a mortgage on real 
                                property.
                          ``(ii) Determination of fair market value.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the fair 
                                market value of all such property shall 
                                be determined for purposes of clause (i) 
                                in the same manner as the fair market 
                                value of real property is determined for 
                                purposes of apportioning interest income 
                                between real property and personal 
                                property under paragraph (3)(B).
                                    ``(II) Gain on disposition.--For 
                                purposes of applying clause (i)(III), 
                                fair market value shall be determined at 
                                the time of sale or other 
                                disposition.''.

    (o) Amendment Related to Section 302(b).--Section 529A(c)(1) is 
amended by striking subparagraph (D).
    (p) Amendments Relating to Section 322.--
            (1) Section 897(k)(2) is amended--
                    (A) by striking so much of subparagraph (B) as 
                precedes ``amounts realized by the qualified 
                shareholder'' and inserting the following:

[[Page 132 STAT. 1167]]

                    ``(B) Exception.--In the case of a qualified 
                shareholder with one or more applicable investors--
                          ``(i) subparagraph (A)(i) shall not apply to 
                      the applicable percentage of the stock of the real 
                      estate investment trust held by the qualified 
                      shareholder, and
                          ``(ii) the applicable percentage of the'', and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(F) Applicable percentage.--For purposes of 
                subparagraph (B), the term `applicable percentage' means 
                the percentage of the value of the interests (other than 
                interests held solely as a creditor) in the qualified 
                shareholder held by applicable investors.''.
            (2) Section 897(k)(2)(D) <<NOTE: 26 USC 897.>>  is amended 
        by striking ``paragraph'' and inserting ``subsection''.
            (3) Section 897(k)(2)(E) is amended by striking ``and (C) 
        and paragraph (4)'' and inserting ``and (D)''.
            (4) Section 897(k)(3)(B)(i) is amended by striking so much 
        as precedes ``for a reduced rate of withholding'' and inserting 
        the following:
                          ``(i) which--
                                    ``(I) is eligible for benefits under 
                                the comprehensive income tax treaty 
                                described in subparagraph (A)(i)(I), but 
                                only if the dividends article of such 
                                treaty imposes conditions on the 
                                benefits allowable in the case of 
                                dividends paid by a real estate 
                                investment trust, and
                                    ``(II) is eligible under such 
                                treaty''.
            (5) Section 897(k)(3)(B)(ii) is amended--
                    (A) by adding ``and'' at the end of subclause (II), 
                and
                    (B) by striking ``United States corporation'' in 
                subclause (III) and inserting ``domestic corporation''.
            (6) Section 322 of the Protecting Americans from Tax Hikes 
        Act of 2015 <<NOTE: 26 USC 897 note.>>  is amended by striking 
        subsections (b)(2) and (c)(3), and the Internal Revenue Code of 
        1986 shall be applied as if such subsections, and amendments 
        made thereby, had never been enacted.
            (7) Section 322(c)(2) of such Act is amended by striking 
        ``take effect on'' and inserting the following: ``apply with 
        respect to testing periods (as defined in section 897(h)(4)(D) 
        of the Internal Revenue Code of 1986) ending on or after''.

    (q) Amendments Related to Section 323.--
            (1) So much of subsection (l) of section 897 as precedes 
        paragraph (2) thereof is amended to read as follows:

    ``(l) Exception for Qualified Foreign Pension Funds.--
            ``(1) In general.--For purposes of this section, a qualified 
        foreign pension fund shall not be treated as a nonresident alien 
        individual or a foreign corporation. For purposes of the 
        preceding sentence, an entity all the interests of which are 
        held by a qualified foreign pension fund shall be treated as 
        such a fund.''.
            (2) Subparagraph (B) of section 897(l)(2) is amended to read 
        as follows:
                    ``(B) which is established--
                          ``(i) by such country (or one or more 
                      political subdivisions thereof) to provide 
                      retirement or pension

[[Page 132 STAT. 1168]]

                      benefits to participants or beneficiaries that are 
                      current or former employees (including self-
                      employed individuals) or persons designated by 
                      such employees, as a result of services rendered 
                      by such employees to their employers, or
                          ``(ii) by one or more employers to provide 
                      retirement or pension benefits to participants or 
                      beneficiaries that are current or former employees 
                      (including self-employed individuals) or persons 
                      designated by such employees in consideration for 
                      services rendered by such employees to such 
                      employers,''.
            (3) Section 897(l)(2)(D) <<NOTE: 26 USC 897.>>  is amended 
        by striking ``provides annual information reporting about its 
        beneficiaries to the relevant tax authorities'' and inserting 
        ``with respect to which annual information about its 
        beneficiaries is provided, or is otherwise available, to the 
        relevant tax authorities''.
            (4) Section 897(l)(2)(E) is amended--
                    (A) by striking ``such entity'' in clause (i) and 
                inserting ``such entity or arrangement'', and
                    (B) by striking ``or such income is taxed at a 
                reduced rate'' in clause (ii) and inserting ``, or such 
                income is excluded from the gross income of such entity 
                or arrangement or is taxed at a reduced rate''.

    (r) Amendments Relating to Section 333.--
            (1) Section 831(b)(2)(B)(i)(II) is amended by striking 
        ``specified assets'' and inserting ``relevant specified assets''
            (2) Section 831(b)(2)(B) is amended by redesignating clause 
        (ii) as clause (iv) and by inserting after clause (i) the 
        following new clauses:
                          ``(ii) Aggregation of certain spousal 
                      interests.--For purposes of clause (i)(II), any 
                      interest in the insurance company referred to in 
                      such clause which is held (directly or indirectly) 
                      by an individual who is a spouse of the specified 
                      holder, and who is a citizen of the United States, 
                      shall be treated as held by the specified holder.
                          ``(iii) Specified holder.--For purposes of 
                      this subparagraph, the term `specified holder' 
                      means, with respect to any insurance company, any 
                      individual who holds (directly or indirectly) an 
                      interest in such insurance company and who--
                                    ``(I) is a lineal descendent 
                                (including by adoption) of an individual 
                                who holds an interest (directly or 
                                indirectly) in the specified assets with 
                                respect to such insurance company or of 
                                such individual's spouse,
                                    ``(II) is a spouse of any lineal 
                                descendent described in subclause (I), 
                                or
                                    ``(III) is not a citizen of the 
                                United States and is a spouse of an 
                                individual who holds an interest 
                                (directly or indirectly) in the 
                                specified assets with respect to such 
                                insurance company.''.
            (3) Section 831(b)(2)(B)(iv), as redesignated by paragraph 
        (2), is amended--
                    (A) by striking ``clause (i)(II)'' in the matter 
                preceding subclause (I) and inserting ``this 
                subparagraph'', and
                    (B) by amending subclause (I) to read as follows:

[[Page 132 STAT. 1169]]

                                    ``(I) Relevant specified assets.--
                                The term `relevant specified assets' 
                                means, with respect to any specified 
                                holder with respect to any insurance 
                                company, the aggregate amount of the 
                                specified assets, with respect to such 
                                insurance company, any interest in which 
                                is held (directly or indirectly) by any 
                                spouse or specified relation of such 
                                specified holder. Such term shall not 
                                include any specified asset solely by 
                                reason of an interest in such asset 
                                which was acquired by such spouse or 
                                specified relation by bequest, devise, 
                                or inheritance from a decedent during 
                                the taxable year of the insurance 
                                company or the preceding taxable year. 
                                For purposes of this subclause, the term 
                                `specified relation' means any 
                                individual with respect to whom the 
                                specified holder bears a relationship 
                                described in subclause (I) or (II) of 
                                clause (iii).''.
            (4) Section 831(b)(2) <<NOTE: 26 USC 831.>>  is amended by 
        redesignating subparagraph (D) as subparagraph (E) and by 
        inserting after subparagraph (C) the following new subparagraph:
                    ``(D) Look-through of reinsurance and fronting 
                arrangements.--In the case of reinsurance or any 
                fronting, intermediary, or similar arrangement, the term 
                `policyholder' means each policyholder of the underlying 
                direct written insurance with respect to such 
                reinsurance or arrangement.''.

    (s) <<NOTE: 26 USC 24 note.>>  Effective Date.--The amendments made 
by this section shall take effect as if included in the provision of the 
Protecting Americans from Tax Hikes Act of 2015 to which they relate.

SEC. 102. <<NOTE: 26 USC 199 note.>>  AMENDMENT RELATING TO CONSOLIDATED 
            APPROPRIATIONS ACT, 2016.

    (a) Amendment Relating to Section 305 of Division P.--For purposes 
of applying section 199(c)(3)(C)(i) of the Internal Revenue Code of 1986 
(as in effect before its repeal by Public Law 115-97) to taxable years 
beginning after December 31, 2015, and before January 1, 2018, such 
section shall be applied--
            (1) by inserting ``who elects the application of this clause 
        for any taxable year,'' after ``In the case of any taxpayer'',
            (2) by substituting ``, and who'' for ``and who'',
            (3) by substituting ``such taxable year'' for ``the taxable 
        year'', and
            (4) by substituting ``(as defined in subsection (d)(9)(B))'' 
        for ``under subsection (d)(9)(B)''.

    (b) Effective Date.--The amendment made by this section shall take 
effect as if included in section 305 of division P of the Consolidated 
Appropriations Act, 2016.

SEC. 103. AMENDMENTS RELATING TO FIXING AMERICA'S SURFACE TRANSPORTATION 
            ACT.

    (a) Amendments Relating to Section 32101.--
            (1) Section 7345(e)(1) is amended--
                    (A) by striking ``or the Tax Court'' and inserting 
                ``, or against the Commissioner in the Tax Court,'', and
                    (B) by adding at the end the following: ``For 
                purposes of the preceding sentence, the court first 
                acquiring jurisdiction over such an action shall have 
                sole jurisdiction.''.

[[Page 132 STAT. 1170]]

            (2) Section 7345(f) <<NOTE: 26 USC 7345.>>  is amended by 
        striking ``subsection (a)'' and inserting ``subsection 
        (b)(1)(B)''.

    (b) <<NOTE: 26 USC 7345 note.>>  Effective Date.--The amendments 
made by this section shall take effect as if included in section 32101 
of the Fixing America's Surface Transportation Act.

SEC. 104. AMENDMENTS RELATING TO SURFACE TRANSPORTATION AND VETERANS 
            HEALTH CARE CHOICE IMPROVEMENT ACT OF 2015.

    (a) Amendment Relating to Section 2004.--Section 6662(k) is amended 
to read as follows:
    ``(k) Inconsistent Estate Basis Reporting.--For purposes of this 
section, the term `inconsistent estate basis' means any portion of an 
underpayment attributable to the failure to comply with section 
1014(f).''.
    (b) Amendments Relating to Section 2008.--Section 9503(e)(2) is 
amended--
            (1) by striking ``per gallon'' in subparagraph (C) and 
        inserting ``per energy equivalent of a gallon of diesel (as 
        defined in section 4041(a)(2)(D))'', and
            (2) by striking ``per gallon'' in subparagraph (D) and 
        inserting ``per energy equivalent of a gallon of gasoline (as 
        defined in section 4041(a)(2)(C))''.

    (c) <<NOTE: 26 USC 6662 note.>>  Effective Date.--The amendments 
made by this section shall take effect as if included in the provision 
of the Surface Transportation and Veterans Health Care Choice 
Improvement Act of 2015 to which they relate.

SEC. 105. AMENDMENTS RELATING TO STEPHEN BECK, JR., ABLE ACT OF 2014.

    (a) Amendments Relating to Section 208.--Section 208(h) of the 
Stephen Beck, Jr., ABLE Act of 2014 <<NOTE: 26 USC 6651 note.>>  is 
amended--
            (1) by striking so much as precedes ``made by this section'' 
        and inserting the following:

    ``(h) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        amendments'',
            (2) by inserting ``, and statements required to be 
        furnished,'' after ``returns required to be filed'', and
            (3) by adding at the end the following new paragraph:
            ``(2) Subsection (c).--The amendment made by subsection (c) 
        shall apply to returns or claims for refund filed after December 
        31, 2014.''.

    (b) <<NOTE: 26 USC 6651 note.>>  Effective Date.--The amendments 
made by this section shall take effect as if included in section 208 of 
the Stephen Beck, Jr., ABLE Act of 2014.

SEC. 106. AMENDMENT RELATING TO AMERICAN TAXPAYER RELIEF ACT OF 2012.

    (a) Amendment Relating to Section 104.--Section 6211(b)(4)(A) is 
amended by striking ``subsection (i)(6)'' and inserting ``subsection 
(i)(5)''.
    (b) <<NOTE: 26 USC 6211 note.>>  Effective Date.--The amendment made 
by this section shall take effect as if included in section 104 of the 
American Taxpayer Relief Act of 2012.

[[Page 132 STAT. 1171]]

SEC. 107. AMENDMENT RELATING TO UNITED STATES-KOREA FREE TRADE AGREEMENT 
            IMPLEMENTATION ACT.

    (a) Amendment Relating to Section 501.--Section 501(b) of the United 
States-Korea Free Trade Agreement Implementation Act is <<NOTE: 19 USC 
3805 note.>>  amended by striking ``returns required to be filed'' and 
inserting ``documents prepared''.

    (b) <<NOTE: 19 USC 3805 note.>>  Effective Date.--The amendment made 
by this section shall take effect as if included in section 501 of the 
United States-Korea Free Trade Agreement Implementation Act.

SEC. 108. AMENDMENT RELATING TO SAFETEA-LU.

    (a) Amendment Relating to Section 11125.--Section <<NOTE: 26 USC 
5681.>>  5681(b) is amended by striking ``who has paid the special tax 
(or who is exempt from payment of such special tax by reason of the 
provisions of section 5113(a))'' and inserting ``who meets the 
requirements of section 5121(a) and section 5124 (or who is exempt from 
such requirements by reason of section 5121(b))''.

    (b) <<NOTE: 26 USC 5681 note.>>  Effective Date.--The amendment made 
by this section shall take effect as if included in section 11125 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users.

SEC. 109. AMENDMENTS RELATING TO THE AMERICAN JOBS CREATION ACT OF 2004.

    (a) Amendment Relating to Section 233.--Section 1361(c)(2)(B)(vi) is 
amended by striking ``a shareholder'' and inserting ``the shareholder''.
    (b) Amendment Relating to Section 319.--Section 501(c)(12)(E) is 
amended by striking ``means the Federal Energy Regulatory Commission'' 
and all that follows and inserting: ``means--
                          ``(i) the Federal Energy Regulatory 
                      Commission, or
                          ``(ii) in the case of any utility with respect 
                      to which all of the electricity generated, 
                      transmitted, or distributed by such utility is 
                      generated, transmitted, distributed, and consumed 
                      in the same State, the State agency of such State 
                      with the authority to regulate electric 
                      utilities.''.

    (c) <<NOTE: 26 USC 501 note.>>  Effective Date.--The amendments made 
by this section shall take effect as if included in section 319 of the 
American Jobs Creation Act of 2004.

   TITLE II--TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES

SEC. 201. SCOPE OF ADJUSTMENTS SUBJECT TO PARTNERSHIP AUDIT RULES.

    (a) In General.--Section 6241(2) is amended to read as follows:
            ``(2) Partnership adjustment.--
                    ``(A) In general.--The term `partnership adjustment' 
                means any adjustment to a partnership-related item.
                    ``(B) Partnership-related item.--The term 
                `partnership-related item' means--

[[Page 132 STAT. 1172]]

                          ``(i) any item or amount with respect to the 
                      partnership (without regard to whether or not such 
                      item or amount appears on the partnership's return 
                      and including an imputed underpayment and any item 
                      or amount relating to any transaction with, basis 
                      in, or liability of, the partnership) which is 
                      relevant (determined without regard to this 
                      subchapter) in determining the tax liability of 
                      any person under chapter 1, and
                          ``(ii) any partner's distributive share of any 
                      item or amount described in clause (i).''.

    (b) Coordination With Other Chapters.--
            (1) In general.--Section 6241 <<NOTE: 26 USC 6241.>>  is 
        amended by adding at the end the following new paragraph:
            ``(9) Coordination with other chapters.--
                    ``(A) In general.--This subchapter shall not apply 
                with respect to any tax imposed (including any amount 
                required to be deducted or withheld) under chapter 2, 
                2A, 3, or 4, except that any partnership adjustment 
                determined under this subchapter for purposes of chapter 
                1 shall be taken into account for purposes of 
                determining any such tax to the extent that such 
                adjustment is relevant to such determination.
                    ``(B) Timing of withholding.--In the case of any tax 
                imposed (including any amount required to be deducted or 
                withheld) under chapter 3 or 4, which is determined with 
                respect to an adjustment described in subparagraph (A), 
                such tax--
                          ``(i) shall be so determined with respect to 
                      the reviewed year, and
                          ``(ii) shall be so imposed (or so required to 
                      be deducted or withheld) with respect to the 
                      adjustment year.
                    ``(C) Statute of limitation on assessment.--For 
                special rule with respect to limitation on assessment of 
                taxes under chapter 2 or 2A which are attributable to 
                any partnership adjustment, see section 6501(c)(12).''.
            (2) Special rule.--Section 6501(c) is amended by adding at 
        the end the following new paragraph:
            ``(12) Certain taxes attributable to partnership 
        adjustments.--In the case of any partnership adjustment 
        determined under subchapter C of chapter 63, the period for 
        assessment of any tax imposed under chapter 2 or 2A which is 
        attributable to such adjustment shall not expire before the date 
        that is 1 year after--
                    ``(A) in the case of an adjustment pursuant to the 
                decision of a court in a proceeding brought under 
                section 6234, such decision becomes final, or
                    ``(B) in any other case, 90 days after the date on 
                which the notice of the final partnership adjustment is 
                mailed under section 6231.''.

    (c) Conforming Amendments.--
            (1) Section 6211(c) is amended to read as follows:

    ``(c) Coordination With Subchapter C.--In determining the amount of 
any deficiency for purposes of this subchapter, adjustments to 
partnership-related items shall be made only as provided in subchapter 
C.''.

[[Page 132 STAT. 1173]]

            (2) Section 6221(a) <<NOTE: 26 USC 6221.>>  is amended to 
        read as follows:

    ``(a) In General.--Any adjustment to a partnership-related item 
shall be determined, and any tax attributable thereto shall be assessed 
and collected, and the applicability of any penalty, addition to tax, or 
additional amount which relates to an adjustment to any such item shall 
be determined, at the partnership level, except to the extent otherwise 
provided in this subchapter.''.
            (3) Section 6222(a) is amended to read as follows:

    ``(a) In General.--A partner shall, on the partner's return, treat 
any partnership-related item in a manner which is consistent with the 
treatment of such item on the partnership return.''.
            (4) Section 6226(a)(2) is amended by striking ``any 
        adjustment to income, gain, loss, deduction, or credit'' and 
        inserting ``any adjustment to a partnership-related item''.
            (5) Section 6227(a) is amended by striking ``items of 
        income, gain, loss, deduction, or credit of the partnership'' 
        and inserting ``partnership-related items''.
            (6) Section 6231(a)(1) is amended by striking ``any item of 
        income, gain, loss, deduction, or credit of a partnership for a 
        partnership taxable year'' and inserting ``any partnership-
        related item for any partnership taxable year''.
            (7) Section 6234(c) is amended by striking ``all items of 
        income, gain, loss, deduction, or credit of the partnership'' 
        and inserting ``all partnership-related items''.
            (8) Section 7485(b) is amended by striking ``partnership 
        items'' and inserting ``partnership-related items (as defined in 
        section 6241)''.

SEC. 202. DETERMINATION OF IMPUTED UNDERPAYMENTS.

    (a) In General.--Section 6225(b) is amended to read as follows:
    ``(b) Determination of Imputed Underpayments.--For purposes of this 
subchapter--
            ``(1) In general.--Except as otherwise provided in this 
        section, any imputed underpayment with respect to any reviewed 
        year shall be determined by the Secretary by--
                    ``(A) appropriately netting all partnership 
                adjustments with respect to such reviewed year, and
                    ``(B) applying the highest rate of tax in effect for 
                the reviewed year under section 1 or 11.
            ``(2) Adjustments to distributive shares of partners not 
        netted.--In the case of any adjustment which reallocates the 
        distributive share of any item from one partner to another, such 
        adjustment shall be taken into account by disregarding so much 
        of such adjustment as results in a decrease in the amount of the 
        imputed underpayment.
            ``(3) Adjustments separately netted by category.--For 
        purposes of paragraph (1)(A), partnership adjustments for any 
        reviewed year shall first be separately determined (and netted 
        as appropriate) within each category of items that are required 
        to be taken into account separately under section 702(a) or 
        other provision of this title.
            ``(4) Limitation on adjustments that may be taken into 
        account.--If any adjustment would (but for this paragraph)--
                    ``(A) result in a decrease in the amount of the 
                imputed underpayment, and
                    ``(B) could be subject to any additional limitation 
                under the provisions of this title (or not allowed, in 
                whole or

[[Page 132 STAT. 1174]]

                in part, against ordinary income) if such adjustment 
                were taken into account by any person,
        such adjustment shall not be taken into account under paragraph 
        (1)(A) except to the extent otherwise provided by the 
        Secretary.''.

    (b) Modifications of Imputed Underpayments.--
            (1) Section 6225(c)(3) <<NOTE: 26 USC 6225.>>  is amended by 
        striking ``without regard to the portion thereof'' and inserting 
        ``without regard to the portion of the adjustment''.
            (2) Section 6225(c)(4)(A) is amended by striking ``with 
        respect to any portion of the imputed underpayment'' and 
        inserting ``with respect to any portion of the adjustment''.
            (3) Section 6225(c)(5)(A)(i) is amended by striking 
        ``without regard to the portion thereof'' and inserting 
        ``without regard to the portion of the adjustment''.

    (c) Conforming Amendments.--
            (1) Section 6225(a) is amended to read as follows:

    ``(a) In General.--In the case of any adjustments by the Secretary 
to any partnership-related items with respect to any reviewed year of a 
partnership--
            ``(1) if such adjustments result in an imputed underpayment, 
        the partnership shall pay an amount equal to such imputed 
        underpayment in the adjustment year as provided in section 6232, 
        and
            ``(2) if such adjustments do not result in an imputed 
        underpayment, such adjustments shall be taken into account by 
        the partnership in the adjustment year.''.
            (2) Section 6225(c) is amended by adding at the end the 
        following new paragraph:
            ``(9) Modification of adjustments not resulting in an 
        imputed underpayment.--The Secretary shall establish procedures 
        under which the adjustments described in subsection (a)(2) may 
        be modified in such manner as the Secretary determines 
        appropriate.''.

SEC. 203. ALTERNATIVE PROCEDURE TO FILING AMENDED RETURNS FOR PURPOSES 
            OF MODIFYING IMPUTED UNDERPAYMENT.

    (a) In General.--Section 6225(c)(2) is amended to read as follows:
            ``(2) Procedures for partners to take adjustments into 
        account.--
                    ``(A) Amended returns of partners.--Such procedures 
                shall provide that if--
                          ``(i) one or more partners file returns for 
                      the taxable year of the partners which includes 
                      the end of the reviewed year of the partnership 
                      (and for any taxable year with respect to which 
                      any tax attribute is affected by reason of any 
                      adjustment referred to in clause (ii)),
                          ``(ii) such returns take into account all 
                      adjustments under subsection (a) properly 
                      allocable to such partners (and the effect of such 
                      adjustments on any tax attributes), and
                          ``(iii) payment of any tax due is included 
                      with such returns,

[[Page 132 STAT. 1175]]

                then the imputed underpayment amount shall be determined 
                without regard to the portion of the adjustments so 
                taken into account.
                    ``(B) Alternative procedure to filing amended 
                returns.--Such procedures shall provide that, with 
                respect to any partner referred to in subparagraph (A), 
                the requirements of subparagraph (A) shall be treated as 
                satisfied with respect to adjustments properly allocable 
                to such partner if, in lieu of filing the returns 
                described in such subparagraph--
                          ``(i) the amounts described in subparagraph 
                      (A)(iii) are paid by the partner,
                          ``(ii) the partner agrees to take into 
                      account, in the form and manner prescribed by the 
                      Secretary, the adjustments to the tax attributes 
                      of such partner referred to in subparagraph 
                      (A)(ii), and
                          ``(iii) such partner provides, in the form and 
                      manner specified by the Secretary (including, if 
                      the Secretary so specifies, in the same form as on 
                      an amended return), such information as the 
                      Secretary may require to carry out this 
                      subparagraph.
                    ``(C) Reallocation of distributive share.--In the 
                case of any adjustment which reallocates the 
                distributive share of any item from one partner to 
                another, this paragraph shall apply with respect to any 
                such partner only if the requirements of subparagraph 
                (A) or (B) are satisfied with respect to all partners 
                affected by such adjustment.
                    ``(D) Application of statute of limitations.--In the 
                case of adjustments referred to in subparagraph (A)(ii), 
                sections 6501 and 6511 shall not apply with respect to 
                any return filed for purposes of subparagraph (A)(i) or 
                any amount paid under subparagraph (A)(iii) or (B)(i).
                    ``(E) Adjustments to tax attributes binding for 
                affected taxable years of partner.--The adjustments to 
                the tax attributes of any partner provided for in 
                subparagraph (A)(ii) or (B)(ii) shall be binding with 
                respect to the taxable year of the partner which 
                includes the end of the reviewed year of the partnership 
                and any taxable years for which any tax attribute is 
                affected by such adjustment. Any failure to so treat any 
                such tax attribute shall be treated for purposes of this 
                title in the same manner as a failure to treat a 
                partnership-related item in a manner which is consistent 
                with the treatment of such item on the partnership 
                return within the meaning of section 6222.
                    ``(F) Application to partnerships and s corporations 
                in tiered structures.--
                          ``(i) In general.--In the case of any 
                      partnership any partner of which is a partnership, 
                      subparagraph (A) or (B) may apply with respect to 
                      any partner (hereafter in this subparagraph 
                      referred to as the `relevant partner') in the 
                      chain of ownership of such partnerships if--
                                    ``(I) such information as the 
                                Secretary may require is furnished to 
                                the Secretary for purposes of carrying 
                                out this paragraph with respect to such

[[Page 132 STAT. 1176]]

                                partnerships (including any information 
                                the Secretary may require with respect 
                                to any chain of ownership of the 
                                relevant partner), and
                                    ``(II) to such extent as the 
                                Secretary may require, each partnership 
                                in the chain of ownership between the 
                                relevant partner and the audited 
                                partnership satisfies the requirements 
                                of subparagraph (A) or (B).
                          ``(ii) Treatment of s corporations.--For 
                      purposes of clause (i), an S corporation and its 
                      shareholders shall be treated in the same manner 
                      as a partnership and its partners.''.

    (b) Conforming Amendment.--Section 6201(a)(1) <<NOTE: 26 USC 
6201.>>  is amended by inserting ``(or payments under section 
6225(c)(2)(B)(i))'' after ``returns or lists''.

SEC. 204. TREATMENT OF PASSTHROUGH PARTNERS IN TIERED STRUCTURES.

    (a) In General.--Section 6226(b) is amended by adding at the end the 
following new paragraph:
            ``(4) Treatment of partnerships and s corporations in tiered 
        structures.--
                    ``(A) In general.--If a partner which receives a 
                statement under subsection (a)(2) is a partnership or an 
                S corporation, such partner shall, with respect to the 
                partner's share of the adjustment--
                          ``(i) file with the Secretary a partnership 
                      adjustment tracking report which includes such 
                      information as the Secretary may require, and
                          ``(ii)(I) furnish statements under rules 
                      similar to the rules of subsection (a)(2), or
                          ``(II) if no such statements are furnished, 
                      compute and pay an imputed underpayment under 
                      rules similar to the rules of section 6225 (other 
                      than paragraphs (2), (7), and (9) of subsection 
                      (c) thereof).
                    ``(B) Due date.--For purposes of subparagraph (A), 
                with respect to a partner's share of the adjustment, the 
                partnership adjustment tracking report shall be filed, 
                and the imputed underpayment shall be paid or statements 
                shall be furnished, not later than the due date for the 
                return for the adjustment year of the audited 
                partnership.
                    ``(C) Partnership payment of tax if elected out of 
                subchapter.--In the case of a partnership which has 
                elected the application of section 6221(b) with respect 
                to the taxable year of the partnership which includes 
                the end of the reviewed year of the audited partnership, 
                this paragraph shall apply notwithstanding such 
                election.
                    ``(D) Audited partnership.--For purposes of this 
                paragraph, the term `audited partnership' means, with 
                respect to any partner described in subparagraph (A), 
                the partnership in the chain of ownership originally 
                electing the application of this section.
                    ``(E) Treatment of trusts.--The Secretary shall 
                prescribe such rules as may be necessary with respect to 
                trusts which receive a statement under subsection 
                (a)(2).''.

    (b) Conforming Amendments.--

[[Page 132 STAT. 1177]]

            (1) Section 6226(b)(1) <<NOTE: 26 USC 6226.>>  is amended by 
        striking ``Each partner's'' and inserting ``Except as provided 
        in paragraph (4), each partner's''.
            (2) Section 6226(c)(2) is amended by inserting ``or which is 
        described in subsection (b)(4)(A)(ii)(I),'' after ``is 
        elected,''.

SEC. 205. TREATMENT OF FAILURE OF PARTNERSHIP TO PAY IMPUTED 
            UNDERPAYMENT.

    (a) In General.--Section 6232 is amended by adding at the end the 
following new subsection:
    ``(f) Failure to Pay Imputed Underpayment.--
            ``(1) In general.--If any amount of any imputed underpayment 
        to which section 6225 applies or any specified similar amount 
        (or any interest or penalties with respect to any such amount) 
        has not been paid by the date which is 10 days after the date on 
        which the Secretary provides notice and demand for such 
        payment--
                    ``(A) section 6621(a)(2)(B) shall be applied by 
                substituting `5 percentage points' for `3 percentage 
                points' with respect to such amount, and
                    ``(B) the Secretary may assess upon each partner of 
                the partnership (determined as of the close of the 
                adjustment year or, if the partnership has ceased to 
                exist as of such time, the former partners of the 
                partnership as determined for purposes of section 
                6241(7)) a tax equal to such partner's proportionate 
                share of such amount (including any such interest or 
                penalties, determined after application of subparagraph 
                (A)).
            ``(2) Specified similar amount.--For purposes of this 
        subsection, the term `specified similar amount' means--
                    ``(A) the amount described in subclause (II) of 
                section 6226(b)(4)(A)(ii) (including any failure to 
                satisfy the requirement of subclause (I) of such section 
                which is treated as a failure to pay such amount under 
                section 6651(i)), and
                    ``(B) any amount assessed under paragraph (1)(B) 
                upon a partner which is a partnership.
            ``(3) Proportionate share.--For purposes of paragraph (1), a 
        partner's proportionate share is such percentage as the 
        Secretary may determine on the basis of such partner's 
        distributive share. The Secretary shall make determinations 
        under the preceding sentence such that the aggregate 
        proportionate shares so determined total 100 percent.
            ``(4) Coordination with partnership liability.--The 
        liability of the partnership for any amount with respect to 
        which a partner is made liable under paragraph (1) shall be 
        reduced upon payment by the partner of such amount. Paragraph 
        (1)(B) shall not apply with respect to any amount after the date 
        on which such amount is paid by the partnership.
            ``(5) S corporations.--For purposes of this subsection, an S 
        corporation and its shareholders shall be treated in the same 
        manner as a partnership and its partners.
            ``(6) Rules related to assessment and collection--
                    ``(A) Deficiency procedures not applicable.--
                Subchapter B shall not apply to any assessment or 
                collection under this paragraph.

[[Page 132 STAT. 1178]]

                    ``(B) Limitation on assessment.--Except as otherwise 
                provided in this subtitle, no assessment may be made (or 
                proceeding in court begun without assessment) with 
                respect to any partner with respect to an amount under 
                paragraph (1) after the date which is 2 years after the 
                date on which the Secretary provides the notice and 
                demand referred to in paragraph (1) with respect to such 
                amount.''.

    (b) Conforming Amendment.--Section 6501(c)(4) <<NOTE: 16 USC 
6501.>> (A) is amended by striking ``in this section''.

SEC. 206. OTHER TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT 
            RULES.

    (a) Limitation on Amendment of Statements Furnished to Partners Not 
Applicable to Partnerships Electing Out of Partnership Audit Rules.--
Section 6031(b) is amended by striking the last sentence and inserting 
the following: ``Information required to be furnished by the partnership 
under this subsection may not be amended after the due date of the 
return under subsection (a) to which such information relates, except--
            ``(1) in the case of a partnership which has elected the 
        application of section 6221(b) for the taxable year,
            ``(2) as provided in the procedures under section 6225(c),
            ``(3) with respect to statements under section 6226, or
            ``(4) as otherwise provided by the Secretary.''.

    (b) Administrative Adjustment Request and Partnership Adjustment 
Tracking Report Not Treated as Amended Return for Purposes of 
Modification of Imputed Underpayments.--Section 6225(c)(2), as amended 
by the preceding provisions of this Act, is amended by adding at the end 
the following new subparagraph:
                    ``(F) Adjustments not treated as amended return.--An 
                administrative adjustment request under section 6227 and 
                a partnership adjustment tracking report under section 
                6226(b)(4)(A) shall not be treated as a return for 
                purposes of this paragraph.''.

    (c) Authority to Require e-filing of Materials in Connection With 
Modification of Imputed Underpayments, etc.--Section 6241, as amended by 
the preceding provisions of this Act, is amended by adding at the end 
the following new paragraph:
            ``(10) Authority to require electronic filing.--
        Notwithstanding section 6011(e), the Secretary may require that 
        anything required to be filed or submitted under section 
        6225(c), or to be furnished to or filed with the Secretary under 
        section 6226, be so filed, submitted, or furnished by magnetic 
        media or in other machine-readable form.''.

    (d) Clarification of Assessment Authority.--Section 6226(a) is 
amended by inserting ``(and no assessment of tax, levy, or proceeding in 
any court for the collection of such underpayment shall be made against 
such partnership)'' after ``section 6225 shall not apply with respect to 
such underpayment''.
    (e) Treatment of Partnership Adjustments That Result in Decrease in 
Tax in Case of Election to Push Out Adjustments.--Section 6226(b) is 
amended--
            (1) by striking ``increased'' in paragraph (1) and inserting 
        ``adjusted'',
            (2) by striking ``adjustment amounts'' each place it appears 
        in paragraphs (1) and (2) and inserting ``correction amounts'',

[[Page 132 STAT. 1179]]

            (3) by striking ``increase'' each place it appears in 
        subparagraphs (A) and (B) of paragraph (2) and inserting 
        ``increase or decrease'',
            (4) by striking ``plus'' at the end of paragraph (2)(A) and 
        inserting ``and'', and
            (5) by striking ``Adjustment amounts'' in the heading of 
        paragraph (2) and inserting ``Correction amounts''.

    (f) Coordination of Statute of Limitation on Filing Administration 
Adjustment Request With Adjustments Related to Foreign Tax Credits.--
Section 6227 <<NOTE: 10 USC 6227.>>  is amended by adding at the end the 
following new subsection:

    ``(d) Coordination With Adjustments Related to Foreign Tax 
Credits.--The Secretary shall issue regulations or other guidance which 
provide for the proper coordination of this section and section 
905(c).''.
    (g) Clarification of Assessment of Imputed Underpayments.--
            (1) In general.--Section 6232(a) is amended by striking 
        ``except that in the case of'' and all that follows and 
        inserting the following: ``except that--
            ``(1) subchapter B of chapter 63 shall not apply, and
            ``(2) in the case of an administrative adjustment request to 
        which section 6227(b)(1) applies, the underpayment shall be paid 
        and may be assessed when the request is filed.''.
            (2) Conforming amendment.--Section 6232(b) is amended--
                    (A) by striking ``assessment of a deficiency'' and 
                inserting ``assessment of an imputed underpayment'', and
                    (B) by adding at the end the following new flush 
                matter:

``The preceding sentence shall not apply in the case of a specified 
similar amount (as defined in subsection (f)(2)).''.
    (h) Time Limitation for Notice of Proposed Adjustment.--
            (1) In general.--Section 6231 is amended by redesignating 
        subsections (b) and (c) as subsections (c) and (d), 
        respectively, and by inserting after subsection (a) the 
        following new subsection:

    ``(b) Timing of Notices.--
            ``(1) Notice of proposed partnership adjustment.--Any notice 
        of a proposed partnership adjustment shall not be mailed later 
        than the date determined under section 6235 (determined without 
        regard to paragraphs (2) and (3) of subsection (a) thereof).
            ``(2) Notice of final partnership adjustment.--
                    ``(A) In general.--Except to the extent that the 
                partnership elects to waive the application of this 
                subparagraph, any notice of a final partnership 
                adjustment shall not be mailed earlier than 270 days 
                after the date on which the notice of the proposed 
                partnership adjustment is mailed.
                    ``(B) Statute of limitations on adjustment.--For the 
                period of limitations on making adjustments, see section 
                6235.''.
            (2) Conforming amendment.--Section 6231(a) is amended by 
        striking ``Any notice of a final partnership adjustment'' and 
        all that follows through ``Such notices'' and inserting ``Any 
        notice of a final partnership adjustment''.

[[Page 132 STAT. 1180]]

    (i) Deposit to Suspend Interest on Imputed Underpayment.--Section 
6233 <<NOTE: 26 USC 6233.>>  is amended by adding at the end the 
following new subsection:

    ``(c) Deposit to Suspend Interest.--For rules allowing deposits to 
suspend running of interest on potential underpayments, see section 
6603.''.
    (j) Deposit to Meet Jurisdictional Requirement.--The first sentence 
of section 6234(b) is amended by striking ``the amount of the imputed 
underpayment (as of the date of the filing of the petition)'' and 
inserting ``the amount of (as of the date of the filing of the petition) 
the imputed underpayment, penalties, additions to tax, and additional 
amounts with respect to such imputed underpayment''.
    (k) Corrections Related to Period of Limitation on Making 
Adjustments.--
            (1) Section 6235(a) is amended--
                    (A) by inserting ``or section 905(c)'' after 
                ``Except as otherwise provided in this section'', and
                    (B) by striking ``subpart'' and inserting 
                ``subchapter''.
            (2) Section 6235(a)(3) is amended by striking ``section 
        6225(c)(7)'' and inserting ``section 6225(c)(7))''.
            (3) Section 6235(c)(2) is amended by striking ``section 
        6501(e)(1)(A)'' and inserting ``subparagraph (A) or (C) of 
        section 6501(e)(1)''.
            (4) Section 6235(c) is amended by adding at the end the 
        following new subparagraphs:
            ``(5) Information required to be reported.--In the case of a 
        partnership that is required to report any information described 
        in section 6501(c)(8), the time for making any adjustment under 
        this subchapter with respect to any tax return, event, or period 
        to which such information relates shall not expire before the 
        date that is determined under section 6501(c)(8).
            ``(6) Listed transactions.--If a partnership fails to 
        include on any return or statement any information with respect 
        to a listed transaction as described in section 6501(c)(10), the 
        time for making any adjustment under this subchapter with 
        respect to such transaction shall not expire before the date 
        that is determined under section 6501(c)(10).''.
            (5) Section 6235 is amended by striking subsection (d).

    (l) Treatment of Special Enforcement Matters.--Section 6241, as 
amended by the preceding provisions of this Act, is amended by adding at 
the end the following new paragraph:
            ``(11) Treatment of special enforcement matters.--
                    ``(A) In general.--In the case of partnership-
                related items which involve special enforcement matters, 
                the Secretary may prescribe regulations pursuant to 
                which--
                          ``(i) this subchapter (or any portion thereof) 
                      does not apply to such items, and
                          ``(ii) such items are subject to such special 
                      rules (including rules related to assessment and 
                      collection) as the Secretary determines to be 
                      necessary for the effective and efficient 
                      enforcement of this title.
                    ``(B) Special enforcement matters.--For purposes of 
                subparagraph (A), the term `special enforcement matters' 
                means--

[[Page 132 STAT. 1181]]

                          ``(i) failure to comply with the requirements 
                      of section 6226(b)(4)(A)(ii),
                          ``(ii) assessments under section 6851 
                      (relating to termination assessments of income 
                      tax) or section 6861 (relating to jeopardy 
                      assessments of income, estate, gift, and certain 
                      excise taxes),
                          ``(iii) criminal investigations,
                          ``(iv) indirect methods of proof of income,
                          ``(v) foreign partners or partnerships, and
                          ``(vi) other matters that the Secretary 
                      determines by regulation present special 
                      enforcement considerations.''.

    (m) United States Shareholders and Certain Other Persons Treated as 
Partners.--Section 6241, as amended by the preceding provisions of this 
Act, <<NOTE: 26 USC 6241.>>  is amended by adding at the end the 
following new paragraph:
            ``(12) United states shareholders and certain other persons 
        treated as partners.--
                    ``(A) In general.--Except as otherwise provided by 
                the Secretary, in the case of any controlled foreign 
                corporation (as defined in section 957 or 953(c)(1)) 
                which is a partner of a partnership, each United States 
                shareholder (as defined in section 951(b) or 953(c)(1)) 
                with respect to such controlled foreign corporation 
                shall be treated for purposes of this subchapter as a 
                partner of such partnership. For purposes of the 
                preceding sentence, any distributive share of any such 
                United States shareholder with respect to such 
                partnership shall, except as otherwise provided by the 
                Secretary, be equal to such United States shareholder's 
                pro rata share with respect to such controlled foreign 
                corporation (determined under rules similar to the rules 
                of section 951(a)(2)).
                    ``(B) Passive foreign investment companies.--For 
                purposes of subparagraph (A), in the case of a passive 
                foreign investment company (as defined in section 1297), 
                each taxpayer that makes an election under section 1295 
                with respect to such company shall be treated in the 
                same manner as United States shareholders under 
                subparagraph (A), except that such taxpayer's pro rata 
                share with respect to the passive foreign investment 
                company shall be determined under rules similar to the 
                rules of section 1293(b).
                    ``(C) Regulations or other guidance.--The Secretary 
                shall issue such regulations or other guidance as is 
                necessary or appropriate to carry out the purposes of 
                this paragraph, including regulations which apply the 
                rules of subparagraph (A) in similar circumstances or 
                with respect to similarly situated persons.''.

    (n) Penalties Related to Administrative Adjustment Requests and 
Partnership Adjustment Tracking Reports.--
            (1) Failure to pay.--Section 6651 is amended by 
        redesignating subsection (i) as subsection (j) and by inserting 
        after subsection (h) the following new subsection:

    ``(i) Application to Imputed Underpayment.--For purposes of this 
section, any failure to comply with section 6226(b)(4)(A)(ii) shall be 
treated as a failure to pay the amount described in subclause (II) 
thereof and such amount shall be treated for purposes

[[Page 132 STAT. 1182]]

of this section as an amount shown as tax on a return specified in 
subsection (a)(1).''.
            (2) Failure to file partnership adjustment tracking 
        report.--Section 6698(a) <<NOTE: 26 USC 6698.>>  is amended--
                    (A) in the matter preceding paragraph (1) by 
                inserting ``, or a partnership adjustment tracking 
                report under section 6226(b)(4)(A),'' after ``under 
                section 6031'',
                    (B) in paragraph (1) by inserting ``, or such 
                report,'' after ``such return'', and
                    (C) in paragraph (2)--
                          (i) by inserting ``or a report'' after ``a 
                      return'', and
                          (ii) by inserting ``or 6226(b)(4)(A), 
                      respectively'' before the comma at the end.
            (3) Tax return preparer related penalties.--Section 
        6696(e)(1) is amended by inserting ``, any administrative 
        adjustment request under section 6227, and any partnership 
        adjustment tracking report under section 6226(b)(4)(A)'' before 
        the period at the end.
            (4) Frivolous tax submissions.--Section 6702 is amended by 
        adding at the end the following new subsection:

    ``(f) Partnership Adjustments.--An administrative adjustment request 
under section 6227 and a partnership adjustment tracking report under 
section 6226(b)(4)(A) shall be treated as a return for purposes of this 
section.''.
    (o) Adjusted Schedule K-1 Treated as Payee Statement.--Section 
6724(d)(2) is amended by striking ``or'' at the end of subparagraph 
(HH), by striking the period at the end of subparagraph (II) and 
inserting ``, or'', and by inserting after subparagraph (II) the 
following new subparagraph:
                    ``(JJ) section 6226(a)(2) (relating to statements 
                relating to alternative to payment of imputed 
                underpayment by partnership) or under any other 
                provision of this title which provides for the 
                application of rules similar to such section.''.

    (p) Other Clerical Corrections.--
            (1) Section 6225(c)(7) is amended by striking ``submitted 
        pursuant to paragraph (1)'' and inserting ``filed or submitted 
        under this subsection''.
            (2) Section 6227(b) is amended by striking ``is made'' both 
        places it appears and inserting ``is filed''.
            (3) Section 6227(b)(1) is amended by striking ``paragraphs 
        (2), (6), and (7)'' and inserting ``paragraphs (2), (7), and 
        (9)''.
            (4) Section 6232(b) is amended by striking ``this chapter'' 
        and inserting ``this subtitle (other than subchapter B of this 
        chapter)''.
            (5) Section 6232(d)(1)(A) is amended by striking ``a item'' 
        and inserting ``an item''.
            (6) Section 6232(e) is amended by striking ``thereof''.
            (7) Section 6241(5) is amended by striking ``sections 6234'' 
        and inserting ``section 6234''.
            (8) Section 7485(b) is amended by striking ``a partner'' and 
        inserting ``the partnership''.
            (9) The heading of the first part of subchapter C of chapter 
        63 <<NOTE: 26 USC 6221 prec.>>  is amended to read as follows:

[[Page 132 STAT. 1183]]

                         ``PART I--IN GENERAL''.

            (10) The heading of the second part of subchapter C of 
        chapter 63 <<NOTE: 26 USC 6225 prec.>>  is amended to read as 
        follows:

                  ``PART II--PARTNERSHIP ADJUSTMENTS''.

            (11) The heading of the third part of subchapter C of 
        chapter 63 <<NOTE: 26 USC 6231 prec.>>  is amended to read as 
        follows:

                        ``PART III--PROCEDURE''.

            (12) The heading of the fourth part of subchapter C of 
        chapter 63 <<NOTE: 26 USC 6241 prec.>>  is amended to read as 
        follows:

               ``PART IV--DEFINITIONS AND SPECIAL RULES''.

SEC. 207. EFFECTIVE DATE <<NOTE: 26 USC 6031 note.>> .

    The amendments made by this title shall take effect as if included 
in section 1101 of the Bipartisan Budget Act of 2015.

                      TITLE III--OTHER CORRECTIONS

SEC. 301. AMENDMENTS RELATING TO THE BIPARTISAN BUDGET ACT OF 2015.

    (a) Amendments Relating to Section 1101.--
            (1) Section 6011(e) is amended by adding at the end the 
        following new paragraph:
            ``(5) Special rules for partnerships.--
                    ``(A) Partnerships permitted to be required to file 
                on magnetic media.--In the case of a partnership, 
                paragraph (2)(A) shall be applied by substituting for 
                `250' the following amount:
                          ``(i) In the case of returns and statements 
                      relating to calendar year 2018, `200'.
                          ``(ii) In the case of returns and statements 
                      relating to calendar year 2019, `150'.
                          ``(iii) In the case of returns and statements 
                      relating to calendar year 2020, `100'.
                          ``(iv) In the case of returns and statements 
                      relating to calendar year 2021, `50'.
                          ``(v) In the case of returns and statements 
                      relating to calendar years after 2021, `20'.
                    ``(B) Partnerships required to file on magnetic 
                media.--Notwithstanding subparagraph (A) and paragraph 
                (2)(A), the Secretary shall require partnerships having 
                more than 100 partners to file returns on magnetic 
                media.''.
            (2) Section 6011(e)(2) is amended by striking the last 
        sentence.

    (b) Effective Date <<NOTE: 26 USC 6011 note.>> .--The amendments 
made by this section shall take effect as if included in section 1101 of 
the Bipartisan Budget Act of 2015.

SEC. 302. AMENDMENTS RELATING TO THE ENERGY POLICY ACT OF 2005.

    (a) Amendments Relating to Section 1253.--

[[Page 132 STAT. 1184]]

            (1) Subclause (II) of section 168(e)(3)(B)(vi) <<NOTE: 26 
        USC 168.>>  is amended by striking ``is a qualifying small power 
        production facility'' and all that follows and inserting ``has a 
        power production capacity of not greater than 80 megawatts, 
        or''.
            (2) The last sentence of section 168(e)(3)(B) is amended by 
        striking ``clause (vi)(I)'' and all that follows and inserting 
        ``subclause (I) or (II) of clause (vi) by reason of being public 
        utility property.''.

    (b) Effective Date <<NOTE: 26 USC 168 note.>> .--The amendments made 
by this section shall apply to property placed in service after the date 
of the enactment of this Act.

               TITLE IV--CLERICAL CORRECTIONS AND DEADWOOD

SEC. 401. CLERICAL CORRECTIONS AND DEADWOOD-RELATED PROVISIONS.

    (a) Clerical Corrections.--
            (1) The table of subchapters for chapter 1 <<NOTE: 26 USC 1 
        prec.>>  is amended by moving the item relating to subchapter R 
        before the item relating to subchapter S.
            (2)(A) Sections 22(c)(3)(A)(i)(III), 104(b)(2)(D), 
        140(a)(3), and 149(b)(3)(A)(i) are each amended by striking 
        ``Veterans' Administration'' and inserting ``Department of 
        Veterans Affairs''.
            (B) The heading of section 4980H(c)(2)(F) is amended by 
        striking ``Veterans administration'' and inserting ``Department 
        of veterans affairs''.
            (C) Section 6050H(h)(3)(B)(i) is amended by striking 
        ``Veterans Administration'' and inserting ``Department of 
        Veterans Affairs''.
            (3) Section 24(d) is amended by redesignating paragraph (5) 
        as paragraph (3).
            (4) Section 25C(b)(2) is amended by striking ``subsection 
        (c)(2)(B)'' and inserting ``subsection (c)(3)(B)''.
            (5) Section 25C(d)(3) is amended--
                    (A) by striking the period at the end of 
                subparagraph (B) and inserting a comma, and
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``, and''.
            (6) Section 25C(g)(2) is amended by striking ``2017..'' and 
        inserting ``2017.''.
            (7) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 <<NOTE: 26 USC 38 prec.>>  is 
        amended--
                    (A) by striking the item relating to section 41 
                which relates to the employee stock ownership credit, 
                and
                    (B) by moving the item relating to section 45K after 
                the item relating to section 45J.
            (8) Section 38(b)(34) is amended by adding a comma at the 
        end.
            (9) The heading of section 40(g)(2) is amended by striking 
        ``Aggregration'' and inserting ``Aggregation''.
            (10) The heading of section 42(e)(2)(B) is amended by 
        striking ``etc,'' and inserting ``etc.,''.

[[Page 132 STAT. 1185]]

            (11)(A) Section 42(d)(4)(C)(i) <<NOTE: 26 USC 42.>>  is 
        amended by striking ``as defined in paragraph (5)(C)'' and 
        inserting ``as defined in paragraph (5)(B)(ii)''.
            (B) Section 42(f)(5)(B)(ii)(I) is amended by striking 
        ``(d)(6)(C)'' and inserting ``(d)(6)(B)''.
            (C) Section 42(k)(2)(B) is amended--
                    (i) by striking ``(d)(6)(B)'' and inserting 
                ``(d)(6)(C)'', and
                    (ii) by striking ``building..'' in clause (ii) and 
                inserting ``building.''.
            (D) Section 42(m)(1)(B)(ii)(III) is amended by striking ``as 
        defined in subsection (d)(5)(C)'' and inserting ``as defined in 
        subsection (d)(5)(B)(ii)''.
            (12) Section 42(h)(5)(C)(ii) is amended by striking ``; 
        and'' and inserting ``, and''.
            (13) Section 42(i)(3)(D)(ii)(I) is amended by striking the 
        period at the end.
            (14) Section 45(c)(6) is amended by striking ``section 
        2(27)'' and inserting ``section 1004(27)''.
            (15) Section 45(c)(7)(A)(i)(II) is amended by striking ``for 
        purpose'' and inserting ``for the purpose''.
            (16) Section 45(c)(7)(A)(i)(III) is amended by striking the 
        period at the end and inserting ``, or''.
            (17) Section 45C(b)(2)(A)(ii)(II) is amended by striking ``; 
        and'' and inserting ``, and''.
            (18) Section 45D(f)(1)(F) is amended by adding ``, and'' at 
        the end.
            (19) Section 45H(d) is amended by striking ``purposes this'' 
        and inserting ``purposes of this''.
            (20) Section 48(a)(1) is amended by striking ``(3)(B), and 
        (4)(B)'' and inserting ``and (3)(B)''.
            (21) Section 48(a)(6)(B) is amended by striking ``property 
        energy property'' and inserting ``energy property''.
            (22) Section 48(c)(2)(B) is amended by striking ``equal 
        $200'' and inserting ``equal to $200''.
            (23) Section 48(d)(3) is amended--
                    (A) by striking ``shall'' in the matter that 
                precedes subparagraph (A), and
                    (B) by inserting ``shall'' before ``not'' in 
                subparagraph (A).
            (24) Section 49(a)(1)(D)(iii) is amended by striking 
        ``share-holder'' in the last sentence and inserting 
        ``shareholder''.
            (25) Section 50(b)(2)(A) is amended by striking the period 
        at the end and inserting a semicolon.
            (26) Section 51(c)(4) is amended by adding a period at the 
        end.
            (27) Section 51(d)(3)(A)(ii)(II) is amended by adding a 
        comma at the end.
            (28) Section 51(d)(8) is amended by striking ``food stamp 
        recipient'' in the heading thereof and inserting ``supplemental 
        nutrition assistance program benefits recipient''.
            (29) Section 51(i)(1)(A) is amended by striking ``entity,'' 
        and inserting ``entity''.
            (30) Section 58(a)(2)(A) is amended by striking ``461(j)'' 
        and inserting ``461(k)''.
            (31) Section 62(a)(20) is amended by inserting a comma after 
        ``United States Code''.

[[Page 132 STAT. 1186]]

            (32) Section 62(e)(1) <<NOTE: 26 USC 62.>>  is amended by 
        striking ``(2 U.S.C. 1202)'' and inserting ``(42 U.S.C. 2000e-
        16b)''.
            (33) Section 68(b)(2) is amended by striking ``shall be 
        shall be'' and inserting ``shall be''.
            (34) The heading of section 82 is amended by striking 
        ``<SUP>for</SUP> expenses</SUP> of</SUP> moving</SUP>'' and 
        inserting ``<SUP>of</SUP> moving</SUP> expenses</SUP>''.
            (35) The heading of section 84 is amended by striking 
        ``<SUP>political</SUP> organization</SUP>'' and inserting 
        ``<SUP>political</SUP> organizations</SUP>''.
            (36) Section 105(h)(7)(B) is amended by striking 
        ``subparagraph (A)'' and inserting ``subparagraph (A))''.
            (37) Section 125(e)(2) is amended by striking 
        ``subparagraphs'' and inserting ``subparagraph''.
            (38) Section 132(c)(4) is amended by striking ``peforming'' 
        and inserting ``performing''.
            (39) Section 134(b)(6) is amended by striking ``an combat'' 
        and inserting ``a combat''.
            (40) Section 137(c) is amended by striking ``section 514'' 
        in the second sentence and inserting ``section 541''.
            (41) Section 139(c)(2) is amended by striking ``federally'' 
        and inserting ``a federally''.
            (42) Section 139E(c)(1) is amended by striking ``(43 U.S.C. 
        1601, et seq.)'' and inserting ``(43 U.S.C. 1601 et seq.)''.
            (43) Section 139E(c)(3) is amended by striking ``2013'' and 
        inserting ``2014''.
            (44) Section 3(a) of the Tribal General Welfare Exclusion 
        Act of 2014 <<NOTE: 26 USC 139E note.>>  is amended by striking 
        ``subsection'' and inserting ``section''.
            (45) Section 4(c) of such Act <<NOTE: 26 USC 141 prec.>>  is 
        amended by striking ``subsection'' and inserting ``section''.
            (46) The item relating to section 143 in the table of 
        sections for subpart A of part IV of subchapter B of chapter 1 
        is amended to read as follows:

``Sec. 143. Mortgage revenue bonds; qualified mortgage bond and 
           qualified veterans' mortgage bond.''.

            (47) Section 142(d)(2)(C) is amended by inserting 
        ``section'' before ``42(i)(3)(D)''.
            (48) Section 163(e)(5)(C)(ii) is amended by inserting ``in'' 
        before ``subsection (i)(1)(B)''.
            (49) Section 168(d)(3)(B)(i) is amended by inserting a comma 
        after ``real property''.
            (50) Section 168(e)(3)(C)(i) is amended by striking ``and''.
            (51) Section 169(d)(5)(B) is amended by inserting ``a'' 
        before ``facility''.
            (52) Section 170(b)(1)(A)(ix) is amended by inserting 
        ``National'' before ``Agricultural''.
            (53) Section 172(d)(5) is amended by striking ``section 
        243'' and inserting ``sections 243''.
            (54) Section 179D(d)(1)(B) is amended by striking ``which'' 
        and inserting ``such that''.
            (55) Section 219(f)(1) is amended by striking ``term 
        compensation includes'' in the last sentence and inserting 
        ``term `compensation' includes''.
            (56) Section 219(g)(8) is amended by striking ``shall each 
        be'' and inserting ``shall be''.
            (57) Section 223(c)(2)(C) is amended by striking ``section 
        1871'' and inserting ``section 1861''.

[[Page 132 STAT. 1187]]

            (58) Section 223(d)(2)(A) <<NOTE: 26 USC 223.>>  is amended 
        by striking ``section 213(d)'' and inserting ``section 
        213(d))''.
            (59) The item relating to section 280H in the table of 
        sections for part IX of subchapter B of chapter 1 <<NOTE: 26 USC 
        261 prec.>>  is amended to read as follows:

``Sec. 280H. Limitation on certain amounts paid to employee-owners by 
           personal service corporations electing alternative taxable 
           years.''.

            (60) Subparagraphs (F) and (G) of section 263(a)(1) are each 
        amended by striking the semicolon at the end and inserting a 
        comma.
            (61) Section 263(a)(1) is amended by redesignating 
        subparagraphs (I) through (L) as subparagraphs (H) through (K), 
        respectively.
            (62) Section 280C(a) is amended by striking ``and 1396(a),'' 
        and inserting ``1396(a),''.
            (63) The heading of section 331 is amended by striking 
        ``<SUP>shareholders</SUP>'' and inserting 
        ``<SUP>shareholder</SUP>''.
            (64) Section 338(h)(3)(A)(iii) is amended by striking 
        ``paragaraph'' and inserting ``paragraph''.
            (65) The second sentence of section 355(h)(2)(B) is amended 
        by striking ``of assets''.
            (66) The heading of subpart C of part III of subchapter C of 
        chapter 1 <<NOTE: 26 USC 361 prec.>>  is amended by striking 
        ``Corporation'' and inserting ``Corporations''.
            (67) Section 362(a) is amended by striking the comma after 
        ``acquired''.
            (68) Section 368(a)(2)(F)(vii) is amended by striking ``(15 
        U.S.C. 80a-2(36))'' and inserting ``(15 U.S.C. 80a-2(a)(36))''.
            (69) Section 401(a)(2) is amended by striking 
        ``determination).;'' and inserting ``determination));''.
            (70) Section 401(a)(15) is amended by striking ``a trust'' 
        and inserting ``A trust''.
            (71) Section 401(a)(32)(A) is amended by striking ``section 
        section'' both places it appears and inserting ``section''.
            (72) Section 401(c)(2)(A)(iii) is amended by striking 
        ``sections 3121(d)(3)(A), (C), or (D), without regard to 
        paragraph (2) of section 1402(c)'' and inserting ``subparagraph 
        (A), (C), or (D) of section 3121(d)(3), without regard to 
        section 1402(c)(2)''.
            (73) Section 402(i) is amended by striking ``subparagraph 
        (A) of subsection (d)(4)'' and inserting ``subsection 
        (e)(4)(D)(i)''.
            (74) Section 404A(c)(4)(B) is amended by striking ``and'' at 
        the end.
            (75) Section 408(a)(1) is amended by inserting ``or'' after 
        ``subsection (d)(3)''.
            (76) Section 408(m)(3)(B) is amended by striking ``section 
        7'' and inserting ``section 5''.
            (77) Section 408A(d)(3)(B) is amended by adding a period at 
        the end.
            (78) Section 408A(e)(2)(B) is amended by striking ``the 
        subparagraph (A)'' and inserting ``subparagraph (A)''.
            (79) Section 409(n)(1)(A)(i) is amended by striking 
        ``securities,,,'' and inserting ``securities,''.
            (80) Section 409A(b)(3)(B)(i) is amended by striking the 
        semicolon at the end and inserting a comma.

[[Page 132 STAT. 1188]]

            (81) The item relating to section 413 in the table of 
        sections for subpart B of part I of subchapter D of chapter 
        1 <<NOTE: 26 USC 410 prec.>>  is amended to read as follows:

``Sec. 413. Collectively bargained plans, etc.''.

            (82) Section 411(a)(4)(A) <<NOTE: 26 USC 411.>>  is amended 
        by striking the comma at the end and inserting a semicolon.
            (83) Section 412(c)(1)(A) is amended by adding a period at 
        the end.
            (84) Section 412(c)(4)(B) is amended by inserting 
        ``section'' before ``433(d)''.
            (85) Section 412(c)(7)(B)(iii) is amended by striking the 
        comma after ``subchapter D''.
            (86) Section 413(b)(6) is amended by striking ``and the last 
        sentence of section 4971(a)'' in the last sentence and inserting 
        ``and section 4971(e)''.
            (87) Section 414(l)(2)(G) is amended by striking ``banks'' 
        in the heading thereof and inserting ``depository 
        institutions''.
            (88) Section 414(u)(6) is amended by striking ``section 
        457(b))'' and inserting ``section 457(b)))''.
            (89) Section 414(x)(1) is amended by striking ``are'' and 
        inserting ``is''.
            (90) Section 414(y)(1)(C)(i) is amended by striking ``of 
        such Code''.
            (91) Section 414(y)(2) is amended by striking 
        ``subparagraph'' and inserting ``subparagraphs''.
            (92) Section 418E is amended by striking ``subsection 
        432(b)(2)'' each place it appears and inserting ``section 
        432(b)(2)''.
            (93) Section 418E(d)(1), as amended by the preceding 
        paragraph, is amended--
                    (A) by striking ``section 432(b)(2),,'' and 
                inserting ``section 432(b)(2),'',
                    (B) by striking ``section 432(b)(2),)'' and 
                inserting ``section 432(b)(2))'', and
                    (C) by striking ``compare the value of plan assets'' 
                and all that follows through ``for that plan year with'' 
                and inserting ``compare the value of plan assets for 
                that plan year with''.
            (94) Section 418E(e)(1)(A) is amended to read as follows:
                    ``(A) notify the Secretary and the parties described 
                in section 101(f)(1) of the Employee Retirement Income 
                Security Act of 1974 of that determination, and''.
            (95) The table of subparts for part I of subchapter D of 
        chapter 1 <<NOTE: 26 USC 401 prec.>>  is amended by striking the 
        item relating to subpart C and inserting the following:

                     ``subpart c--insolvent plans''.

            (96) Section 419A(c)(6)(B) is amended by striking ``(42 
        U.S.C. 300gg-91(d)(3))'' and inserting ``(42 U.S.C. 300gg-
        91(d)(3)))''.
            (97) Section 420(c)(1)(A) is amended by striking 
        ``subsection (e)(1)(D)'' and inserting ``subsection (e)(1)(E)''.
            (98) Section 424(g) is amended by striking ``section 
        422(a)(2)'' and inserting ``sections 422(a)(2)''.

[[Page 132 STAT. 1189]]

            (99) Section 430(c)(7)(E)(v)(II) <<NOTE: 26 USC 430.>>  is 
        amended by inserting ``the'' after ``title I of''.
            (100) Section 430(h)(2)(F) is amended by striking ``section 
        417(e)(3)(D)(i)'' and inserting ``section 417(e)(3)(D)''.
            (101) Section 431(d)(2)(B)(i) is amended by striking ``this 
        Act'' and inserting ``the Pension Protection Act of 2006''.
            (102) Section 432(b)(3)(A)(i) is amended by striking ``in 
        endangered status for such plan year'' and all that follows 
        through ``, whether or not'' and inserting the following: ``in 
        endangered status for such plan year, or would be in endangered 
        status for such plan year but for paragraph (5), whether or 
        not''.
            (103) Section 432(b)(3)(B) is amended by redesignating the 
        clause (iv) relating to projections of critical and declining 
        status as clause (v).
            (104) Section 432(b)(3)(D)(iv) is amended by inserting a 
        comma after ``Labor''.
            (105) Section 432(e)(8)(C)(iii) is amended by striking ``the 
        Secretary shall'' and inserting ``The Secretary shall''.
            (106) So much of the text of section 432(f)(3) as precedes 
        subparagraph (A) is amended to read as follows: ``During the 
        period beginning on the date of the certification under 
        subsection (b)(3)(A) for the initial critical year and ending on 
        the date of the adoption of a rehabilitation plan--''.
            (107) Section 432(g)(1) is amended by striking ``subsection 
        (e)(9))'' and inserting ``subsection (e)(9)''.
            (108) Section 433(c)(5)(C)(ii)(II) is amended by inserting 
        ``of such Act'' after ``title IV''.
            (109)(A) The heading for section 433 is amended by inserting 
        ``<SUP>for</SUP> csec</SUP> plans</SUP>'' after ``<SUP>funding</SUP> 
        standards</SUP>''.
            (B) The table of sections for subpart A of part III of 
        subchapter D of chapter 1 <<NOTE: 26 USC 430 prec.>>  is amended 
        by adding at the end the following new item:

``Sec. 433. Minimum funding standards for CSEC plans.''.

            (110) The item relating to section 436 in the table of 
        sections for subpart B of part III of subchapter D of chapter 
        1 <<NOTE: 26 USC 436 prec.>>  is amended to read as follows:

``Sec. 436. Funding-based limits on benefits and benefit accruals under 
           single-employer plans.''.

            (111) The heading of section 453B is amended by striking 
        ``<SUP>loss</SUP> disposition</SUP>'' and inserting ``<SUP>loss</SUP> 
        on</SUP> disposition</SUP>''.
            (112) Section 457(f)(4)(C)(i) is amended--
                    (A) by striking ``section 9101'' and inserting 
                ``section 8101'', and
                    (B) by striking ``7801),'' and inserting 
                ``7801)),''.
            (113) Section 457A(d)(4) is amended--
                    (A) by striking ``case a foreign'' and inserting 
                ``case of a foreign'', and
                    (B) by striking ``had been'' and inserting ``been''.
            (114) Section 458(b)(9) is amended by striking 
        ``Repurchased'' in the heading thereof and inserting 
        ``Repurchase''.
            (115) Section 458(c)(1) is amended by striking ``regulations 
        prescribed'' and inserting ``regulations prescribe''.
            (116) Section 460(b)(2)(A) is amended by inserting a comma 
        after ``first''.

[[Page 132 STAT. 1190]]

            (117)(A) Section 461 <<NOTE: 26 USC 461.>>  is amended by 
        redesignating the second subsection (j) (relating to farming 
        syndicate defined) as subsection (k).
            (B) Section 461(i)(4) is amended by striking ``subsection 
        (j)'' and inserting ``subsection (k)''.
            (118) The heading of section 464 is amended by inserting 
        ``<SUP>expenses</SUP>'' after ``<SUP>farming</SUP>''.
            (119) Section 464(d)(2)(B)(iii) is amended by striking 
        ``subsection (c)(2)(E)'' and inserting ``section 461(k)(2)(E)''.
            (120) Section 470(d)(2)(B) is amended by striking ``clause 
        (ii)'' and inserting ``subparagraph (A)(ii)''.
            (121) The item relating to part VIII in the table of parts 
        for subchapter F of chapter 1 <<NOTE: 26 USC 501 prec.>>  is 
        amended to read as follows:

                ``Part VIII. Certain Savings Entities''.

            (122) Section 501(c)(14)(B)(iv) is amended by adding a 
        period at the end.
            (123) Section 501(c)(19)(B) is amended by striking 
        ``widows,,'' and inserting ``widows,''.
            (124) Section 501(f)(3)(B) is amended by striking ``section 
        115(a)'' and inserting ``section 115''.
            (125) The item relating to section 511 in the table of 
        sections for part III of subchapter F of chapter 1 <<NOTE: 26 
        USC 511 prec.>>  is amended to read as follows:

``Sec. 511. Imposition of tax on unrelated business income of 
           charitable, etc., organizations.''.

            (126) Section 512(b)(19)(H)(iii) is amended by striking 
        ``clause (i)(II)'' and inserting ``clause (i)''.
            (127) Section 529(c)(6) is amended by striking ``an 
        Coverdell'' and inserting ``a Coverdell''.
            (128) Section 529(e)(3)(A) is amended--
                    (A) by striking the semicolon at the end of clause 
                (i) and inserting a comma, and
                    (B) by adding ``, and'' at the end of clause (ii).
            (129) Section 529A(d)(4) is amended by striking ``Achieving 
        a Better Life Experience Act of 2014'' and inserting ``Stephen 
        Beck, Jr., ABLE Act of 2014''.
            (130) Section 529A(e)(4) is amended by striking 
        ``subparagraph section'' and inserting ``section''.
            (131) Section 530(d)(9)(B) is amended by striking ``by the'' 
        and inserting ``by''.
            (132) Section 542(c)(5) is amended by striking the comma at 
        the end and inserting a semicolon.
            (133) Section 542(c)(7) is amended by striking ``A small'' 
        and inserting ``a small''.
            (134) Section 543(a)(2)(B)(ii) is amended by striking 
        ``section 563(d)'' and inserting ``section 563(c)''.
            (135) Section 543(d)(5)(A)(ii) is amended by striking 
        ``section 563(d)'' and inserting ``section 563(c)''.
            (136) Section 613A(c)(7)(B) is amended by striking 
        ``taxpayers'' and inserting ``taxpayer's''.
            (137) Section 642(c)(1) is amended by striking ``other 
        then'' and inserting ``other than''.

[[Page 132 STAT. 1191]]

            (138) The item relating to section 661 in the table of 
        sections for subpart C of part I of subchapter J of chapter 1 is 
        amended <<NOTE: 26 USC 661 prec.>>  to read as follows:

``Sec. 661. Deduction for estates and trusts accumulating income or 
           distributing corpus.''.

            (139) Section 706(b)(5) <<NOTE: 26 USC 706.>>  is amended by 
        striking ``section 584(h)'' and inserting ``section 584(i)''.
            (140) Section 751(c) is amended by striking ``and, 
        sections'' both places it appears and inserting ``and 
        sections''.
            (141) Section 807(e)(5)(A)(i) is amended by striking 
        ``subparagraph (C)'' and inserting ``subparagraph (B)''.
            (142) Section 831(c) is amended by striking ``section 
        816(a)).'' and inserting ``section 816(a).''.
            (143) Section 832(b)(7)(E)(ii)(II) is amended by striking 
        the comma at the end and inserting a period.
            (144) Section 852(a)(1)(B) is amended by striking ``265,'' 
        and inserting ``265 and''.
            (145) Section 852(b)(2)(D) is amended by striking ``the 
        deduction'' and inserting ``The deduction''.
            (146) Subparagraphs (A) and (B) of section 856(c)(7) are 
        each amended by striking ``paragraph (4)(B)(iii)'' and inserting 
        ``paragraph (4)(B)(iv)''.
            (147) Paragraphs (1), (3), (4), and (5) of section 856(m) 
        are each amended by striking ``subsection (c)(4)(B)(iii)'' and 
        inserting ``subsection (c)(4)(B)(iv)''.
            (148) Section 857(b)(6)(J) is amended by striking ``section 
        856(c)(8)'' and inserting ``section 856(c)(10)''.
            (149) Section 860(f)(2)(A)(ii) is amended by striking 
        ``decreased'' and inserting ``decrease''.
            (150) Section 860(i) is amended by striking ``willfull'' and 
        inserting ``willful''.
            (151) Section 860G(a)(3)(A)(iii)(III) is amended by striking 
        the period at the end and inserting a comma.
            (152) Section 864(d)(8) is amended by striking ``section 
        956(b)(3)'' and inserting ``section 956(c)(3)''.
            (153) Section 877(d)(4)(B)(i) is amended by striking ``in 
        957'' and inserting ``in section 957''.
            (154) Section 877A(g)(6) is amended by striking 
        ``220(e)(4)'' and inserting ``220(f)(4)''.
            (155) Section 897(a)(1)(A) is amended by striking ``section 
        871(B)(1)'' and inserting ``section 871(b)(1)''.
            (156) The heading of section 897(k)(2) is amended by 
        striking ``usrpi'' and inserting ``united states real property 
        interest''.
            (157) Section 904(d)(2)(B)(ii) is amended--
                    (A) by striking ``, except as provided in 
                subparagraph (E)(iii) or paragraph (3)(I),'', and
                    (B) by inserting ``subparagraph (E)(ii), or 
                paragraph (3)(H),'' after ``Except as provided in clause 
                (iii),''
            (158) Section 907(c)(3)(C) is amended by striking the period 
        after ``partnerships'' and inserting a comma.
            (159) Section 907(f)(1) is amended by striking ``year,'' and 
        inserting ``years,''.
            (160) Section 911(d)(8)(B)(i) is amended by striking ``(50 
        U.S.C. App. 1 et seq.)'' and inserting ``(50 U.S.C. 4301 et 
        seq.)''.

[[Page 132 STAT. 1192]]

            (161) Section 912(1)(B) <<NOTE: 26 USC 912.>>  is amended by 
        striking ``(50 U.S.C., sec. 403e)'' and inserting ``(50 U.S.C. 
        3505)''.
            (162) Section 956(c)(2)(E) is amended by striking ``which 
        are not contracts described in section 953(a)(1)'' and inserting 
        ``which are contracts described in section 953(e)(2)''.
            (163) Section 956(e) is amended by striking ``provisons'' 
        and inserting ``provisions''.
            (164) Section 957(b) is amended by striking ``contracts 
        described in section 953(a)(1)'' and inserting ``contracts not 
        described in section 953(e)(2)''.
            (165) The heading of section 993 is amended by inserting 
        ``<SUP>and</SUP> special</SUP> rules</SUP>'' after 
        ``<SUP>definitions</SUP>''.
            (166) Section 1016(a)(3)(D) is amended by inserting ``as in 
        effect prior to its repeal by the Tax Reform Act of 1986'' 
        before ``(or the corresponding provisions of prior income tax 
        laws)''.
            (167) Section 1033(h)(2) is amended by inserting ``is'' 
        before ``located''.
            (168) Section 1035(a)(1) is amended by striking ``; or'' and 
        inserting a semicolon.
            (169) Section 1059(d)(3) is amended by striking ``; except 
        that'' and all that follows and inserting ``and there shall not 
        be taken into account any day which is more than 2 years after 
        the date on which such share becomes ex-dividend.''.
            (170) Section 1092(a)(2)(B) is amended by striking ``with 
        respect other'' in the last sentence and inserting ``with 
        respect to other''.
            (171) Section 1092(c)(4)(E) is amended by striking ``(other 
        than subparagraph (B) thereof)''.
            (172) The item relating to section 1222 in the table of 
        sections for part III of subchapter P of chapter 1 <<NOTE: 26 
        USC 1221 prec.>>  is amended to read as follows:

``Sec. 1222. Other terms relating to capital gains and losses.''.

            (173) The item relating to section 1252 in the table of 
        sections for part IV of subchapter P of chapter 1 <<NOTE: 26 USC 
        1231 prec.>>  is amended to read as follows:

``Sec. 1252. Gain from disposition of farm land.''.

            (174) Section 1250(d)(3) is amended by striking ``paragraph 
        (9)'' and inserting ``paragraph (6)''.
            (175) Section 1255(b)(2) is amended by striking ``170(e),'' 
        and inserting ``170(e)''.
            (176)(A) Subparagraphs (B) and (C) of section 1256(e)(3) are 
        each amended by striking ``section 464(e)(2)'' and inserting 
        ``section 461(k)(4)''.
            (B) Section 1258(d)(5)(C) is amended by striking ``section 
        464(e)(2)'' and inserting ``section 461(k)(4)''.
            (177) Section 1257(c)(1) is amended--
                    (A) by striking ``section 1201(4)'' and inserting 
                ``section 1201(a)(7)'', and
                    (B) by striking ``16 U.S.C. 3801(4)'' and inserting 
                ``16 U.S.C. 3801(7)''.
            (178) Section 1257(c)(2) is amended--
                    (A) by striking ``section 1201(6)'' and inserting 
                ``section 1201(a)(10)'', and

[[Page 132 STAT. 1193]]

                    (B) by striking ``16 U.S.C. 3801(6)'' and inserting 
                ``16 U.S.C. 3801(10)''.
            (179) Section 1274(b)(3)(B)(i) <<NOTE: 26 USC 1274.>>  is 
        amended by striking ``section 6662(d)(2)(C)(iii)'' and inserting 
        ``section 6662(d)(2)(C)(ii)''.
            (180) Section 1276(a)(4) is amended by striking ``871(a),,'' 
        and inserting ``871(a),''.
            (181) Section 1278(b)(1) is amended by striking ``871(a),,'' 
        and inserting ``871(a),''.
            (182) Section 1286(f) is amended by striking ``and 305(e),'' 
        and inserting ``and section 305(e),''.
            (183) Section 1291(e) is amended by striking ``subsections 
        (c) and (d) (e),'' and inserting ``subsections (c), (d), and 
        (e)''.
            (184) Section 1298(b)(5)(B) is amended by striking ``section 
        951(f)'' and inserting ``section 951(c)''.
            (185) Section 1298(d)(2)(A) is amended by striking ``section 
        1296(a)(2)'' and inserting ``section 1297(a)(2)''.
            (186) Section 1298(e)(2)(B)(ii) is amended by striking 
        ``provisons'' and inserting ``provisions''.
            (187) Section 1355(f)(3) is amended by striking ``of which'' 
        and inserting ``on which''.
            (188) Section 1358(b)(1) is amended by striking ``section 
        1352(a)(2)'' and inserting ``section 1352(2)''.
            (189) Section 1358(c)(2) is amended by striking ``an 
        person's'' and inserting ``a person's''.
            (190) Sections 1361(f)(2), 1362(d)(3)(C)(v), and 
        4975(d)(16)(A) are each amended by striking ``1813(w)(1)),'' and 
        inserting ``1813(w)(1))),''.
            (191) Section 1362(f) is amended by striking ``may be 
        during'' and inserting ``may be, during''.
            (192) Section 1366(e) is amended by striking ``section 
        704(e)(3)'' and inserting ``section 704(e)(2)''.
            (193) Section 1368(f)(2) is amended by striking ``in 
        included'' and inserting ``is included''.
            (194) Section 1391(g)(3)(E)(ii) is amended by striking 
        ``Interior'' and inserting ``the Interior''.
            (195) Section 1394(b)(3)(B)(i)(II) is amended by striking 
        ``subsection'' and inserting ``subsections''.
            (196) Section 1397C(d)(5)(B) is amended by striking 
        ``subparagraphs (A) or (B)'' and inserting ``subparagraph (A) or 
        (B)''.
            (197) Section 1402(a)(1) is amended--
                    (A) by striking ``section 1233(2)'' and inserting 
                ``section 1233(a)(2)'', and
                    (B) by striking ``16 U.S.C. 3833(2)'' and inserting 
                ``16 U.S.C. 3833(a)(2)''.
            (198) Section 1402(b) is amended by striking ``3211,.'' and 
        inserting ``3211.''.
            (199) The heading of section 1446 is amended by striking 
        ``<SUP>withholding</SUP> tax</SUP>'' in the heading and 
        inserting ``<SUP>withholding</SUP> of</SUP> tax</SUP>''.
            (200) Section 2031(c)(1) is amended by striking all that 
        follows subparagraph (A) and inserting the following:
                    ``(B) $500,000.''.
            (201) Section 2031(c)(2) is amended by striking ``paragraph 
        (5)).'' and inserting ``paragraph (5))).''.
            (202) Section 2055(e)(3)(G) is amended by striking 
        ``subparagraph (J)'' and inserting ``subparagraph (J))''.

[[Page 132 STAT. 1194]]

            (203) Section 2106(a)(4) <<NOTE: 26 USC 2106.>>  is amended 
        by inserting ``section'' before ``2058(a)''.
            (204) Section 2522(c)(1) is amended by striking ``to of 
        for'' and inserting ``to or for''.
            (205) Section 2523(g)(1) is amended by striking 
        ``noncharitable beneficiary'' and inserting ``beneficiary who is 
        not a charitable beneficiary''.
            (206) Section 2523(g)(2) is amended by striking 
        ``noncharitable'' and inserting ``charitable''.
            (207) Section 3101(a) is amended by adding a period at the 
        end.
            (208) Section 3111(e)(5)(B) is amended by inserting ``the'' 
        before ``meaning''.
            (209) Section 3121(b)(5)(B)(i)(V) is amended by striking 
        ``section 105(e)(2)'' and inserting ``section 104(e)(2)''.
            (210) Section 3121(b)(5)(H)(i) is amended by striking 
        ``1997'' and inserting ``1997,''.
            (211) Section 3304(a)(4)(G)(ii) is amended by striking 
        ``section 6402(f)(4)(B)'' and inserting ``section 
        6402(f)(4)(C)''.
            (212) Section 3306(b)(5)(F) is amended by striking the 
        semicolon at the end and inserting a comma.
            (213) Section 3306(c)(19) is amended by striking ``Service'' 
        and inserting ``service''.
            (214) Section 3306(u) is amended by striking ``25 U.S.C. 
        450b(e)'' and inserting ``25 U.S.C. 5304(e)''.
            (215) Section 3306(v) is amended by striking ``this part'' 
        and inserting ``this section''.
            (216) Section 3309(d) is amended by striking ``25 U.S.C. 
        450b(e)'' and inserting ``25 U.S.C. 5304(e)''.
            (217)(A) Paragraphs (1), (2), (3), (4)(B), (5), (6), 
        (8)(A)(ii), (8)(B), (8)(D), (9), (10)(B), (11), (12)(A), 
        (12)(B), (12)(C), (13), (14), and (15) of section 3401(a) are 
        each amended by striking ``; or'' at the end and inserting a 
        comma.
            (B) Paragraphs (4)(A), (8)(A)(i), (8)(C), (10)(A), (12)(D), 
        and (22) of section 3401(a) are each amended by striking ``; 
        or'' at the end and inserting ``, or''.
            (C) Section 3401(a)(12)(E) is amended by striking ``, or'' 
        at the end and inserting a comma.
            (D) Paragraphs (16)(A), (16)(B), (17), (18), (19), (20), and 
        (21) of section 3401(a) are each amended by striking the 
        semicolon at the end and inserting a comma.
            (218) Section 3509(d)(1)(C) is amended by striking 
        ``sections'' and inserting ``section''.
            (219) Section 4051(a)(3) is amended by striking 
        ``Secretary.'' and inserting ``Secretary).''.
            (220) Section 4104(a)(1) is amended by striking ``section'' 
        and inserting ``sections''.
            (221) Section 4221(a) is amended by striking ``section 
        4051,'' and inserting ``section 4051''.
            (222) The item relating to part III in the table of parts 
        for subchapter C of chapter 33 <<NOTE: 26 USC 4261 prec.>>  is 
        amended by striking ``relating'' and inserting ``applicable''.
            (223) Section 4612(e)(2)(B)(ii)(I) is amended by striking 
        ``tranferred'' and inserting ``transferred''.
            (224) Section 4958(f)(1)(D) is amended by striking the 
        period at the end and inserting a comma.

[[Page 132 STAT. 1195]]

            (225) Section 4971(b) <<NOTE: 26 USC 4971.>>  is amended by 
        striking ``minimum required contribution,'' and all that follows 
        through ``whichever is applicable'' and inserting the following: 
        ``minimum required contribution, accumulated funding deficiency, 
        or CSEC accumulated funding deficiency, whichever is 
        applicable''.
            (226) Section 4971(c)(3) is amended by striking ``applicable 
        and'' and inserting ``applicable, and''.
            (227) Section 4971(f) is amended by striking ``applicable 
        for'' and inserting ``applicable, for''.
            (228) Section 4971(g)(4)(C)(ii) is amended by striking 
        ``section 432(i)(9)'' and inserting ``section 432(j)(9)''.
            (229) Section 4975(d)(3) is amended by striking ``an 
        leveraged'' and inserting ``a leveraged''.
            (230) Section 4975(d)(17) is amended by striking ``Any'' and 
        inserting ``any''.
            (231) Section 4975(d)(21) is amended by striking ``person 
        person'' and inserting ``person''.
            (232) Section 4975(f)(8)(C)(iv)(II) is amended by inserting 
        ``subsection'' before ``(d)(17)(A)(ii)''.
            (233) Section 4975(f)(8)(F)(i)(I) is amended by striking 
        ``adviser,'' and inserting ``adviser''.
            (234) Section 4975(f)(8)(F)(i)(V) is amended by inserting 
        ``of'' before ``the manner''.
            (235) Section 4980B(f)(1) is amended by striking ``section 
        2162 of the Public Health Service Act'' and inserting ``section 
        1928(h)(6) of the Social Security Act (42 U.S.C. 1396s(h)(6))''.
            (236) Section 4980B(f)(5)(C)(iii) is amended by striking 
        ``section 2701(c)(2)'' and inserting ``section 2704(c)(2)''.
            (237) Section 4980I(b)(3)(C)(iv) is amended by striking the 
        comma at the end and inserting a period.
            (238) Section 4980I(b)(3)(C)(v) is amended by striking ``for 
        for'' and inserting ``for''.
            (239) Section 5054(a)(3)(B) is amended by striking 
        ``sections'' and inserting ``section''.
            (240) Section 5066(d) is amended by striking ``section 
        5001(a)(5)'' and inserting ``section 5001(a)(4)''.
            (241) The item relating to subpart C in the table of 
        subparts for part II of subchapter A of chapter 51 <<NOTE: 26 
        USC 5101 prec.>>  is amended to read as follows:

        ``subpart c. recordkeeping and registration by dealers''.

            (242) The item relating to section 5178 in the table of 
        sections for subchapter B of chapter 51 <<NOTE: 26 USC 5171 
        prec.>>  is amended to read as follows:

``Sec. 5178. Premises of distilled spirits plants.''.

            (243) Section 5182 is amended by striking ``section 5112'' 
        and inserting ``section 5121''.
            (244) Section 5273(e)(2) is amended by striking ``section 
        5001(a)(6)'' and inserting ``section 5001(a)(5)''.
            (245) Section 5314(a)(2) is amended by striking ``section 
        5001(a)(10)'' and inserting ``section 5001(a)(9)''.
            (246) Section 5392(f) is amended by striking ``section 
        17(a)(5)'' and inserting ``section 117(a)(5)''.
            (247) Section 5512 is amended by striking ``section 
        5001(a)(7)'' and inserting ``section 5001(a)(6)''.

[[Page 132 STAT. 1196]]

            (248) Section 5601(a)(15) <<NOTE: 26 USC 5601.>>  is amended 
        by striking ``Withdraws,'' and inserting ``withdraws,''.
            (249) The heading of section 5603 is amended by inserting a 
        comma after ``<SUP>returns</SUP>''.
            (250) Section 5701(e) is amended by striking 
        ``manufacturered'' and inserting ``manufactured''.
            (251) The item relating to section 5847 in the table of 
        sections for part I of subchapter B of chapter <<NOTE: 26 USC 
        5841 prec.>>  53 is amended to read as follows:

``Sec. 5847. Effect on other laws.''.

            (252) Section 5847 is amended by striking ``section 414 of 
        the Mutual Security Act of 1954'' and inserting ``section 38 of 
        the Arms Export Control Act (22 U.S.C. 2778)''.
            (253) The item relating to section 5852 in the table of 
        sections for part II of subchapter B of chapter <<NOTE: 26 USC 
        5851 prec.>>  53 is amended to read as follows:

``Sec. 5852. General transfer and making tax exemption.''.

            (254) The item relating to section 5853 in the table of 
        sections for part II of subchapter B of chapter <<NOTE: 26 USC 
        5851 prec.>>  53 is amended to read as follows:

``Sec. 5853. Transfer and making tax exemption available to certain 
           governmental entities.''.

            (255) Section 6012(a)(6) is amended by striking ``and'' at 
        the end.
            (256) Section 6012(a)(7) is amended by striking the period 
        at the end and inserting ``; and''.
            (257) Section 6012(a)(8) is amended by striking ``section 
        63(c)(2)(D).'' and inserting ``section 63(c)(2)(C);''.
            (258) Section 6033(b)(15) is amended by striking the period 
        at the end and inserting ``, and''.
            (259) Section 6039(d)(2) is amended to read as follows:
            ``(2) the term `employee stock purchase plan', see section 
        423(b).''.
            (260) The table of sections for subpart B of part III of 
        subchapter A of chapter 61 is amended by inserting after the 
        item relating to section 6041 the following new item:

``Sec. 6041A. Returns regarding payments of remuneration for services 
           and direct sales.''.

            (261) The item relating to section 6050I in the table of 
        sections for subpart B of part III of subchapter A of chapter 61 
        is amended <<NOTE: 26 USC 6041 prec.>>  to read as follows:

``Sec. 6050I. Returns relating to cash received in trade or business, 
           etc.''.

            (262) The item relating to section 6050W in the table of 
        sections for subpart B of part III of subchapter A of chapter 61 
        is amended <<NOTE: 26 USC 6041 prec.>>  to read as follows:

``Sec. 6050W. Returns relating to payments made in settlement of payment 
           card and third party network transactions.''.

            (263) Section 6050H(h)(3)(B)(i) <<NOTE: 26 USC 6041 prec.>>  
        is amended by striking ``Rural Housing Administration'' and 
        inserting ``Rural Housing Service''.

[[Page 132 STAT. 1197]]

            (264) Section 6058(e) is amended by striking paragraph (1) 
        and by redesignating paragraphs (2) and (3) as paragraphs (1) 
        and (2), respectively.
            (265) Section 6059(b)(3)(B) is amended--
                    (A) by striking ``the requirements'' and inserting 
                ``that the requirements'', and
                    (B) by striking the period at the end and inserting 
                a comma.
            (266) Section 6091(b)(2)(B)(ii) is amended by striking 
        ``and'' at the end.
            (267) Section 6103(l)(7) is amended by striking ``of 1977'' 
        in the heading thereof.
            (268) Section 6103(l)(10)(A) is amended by striking 
        ``request made under subsection (f)(5)'' and inserting ``notice 
        submitted under subsection (f)(5)(C)''.
            (269) Section 6103(l)(10) is amended by striking so much of 
        subparagraph (B) as precedes ``Any'' and inserting the 
        following:
                    ``(B) Restriction on use of disclosed information.--
                (i)''.
            (270) Section 6103(l)(16)(A) is amended by striking 
        ``subsection 6103(b)(6)'' and inserting ``section 6103(b)(6)''.
            (271) Section 6103(p)(3)(A) is amended by striking 
        ``subsections'' and inserting ``subsection''.
            (272) Section 6103(p)(3)(C)(ii) is amended by striking the 
        comma at the end and inserting a period.
            (273) Section 6103(p)(4) is amended by striking ``7(A)(ii)'' 
        in the matter preceding subparagraph (A) and inserting 
        ``(7)(A)(ii)''.
            (274) Section 6103(p)(4)(F)(ii) is amended--
                    (A) by striking ``subsections'' and inserting 
                ``subsection'', and
                    (B) by striking ``subsection (l)(21),,,'' and 
                inserting ``subsection (l)(21),''.
            (275) Section 6103(p)(4) is amended by striking ``subsection 
        (l)(21),,'' both places it appears in the flush matter at the 
        end and inserting ``subsection (l)(21),''.
            (276) Section 6109(f) is amended by striking ``of 1977'' in 
        the heading thereof.
            (277) Section 6213(g)(2)(O) is amended by adding a comma at 
        the end.
            (278) Section 6213(g)(2)(P) is amended--
                    (A) by striking ``section 24(h)(2)'' and inserting 
                ``section 24(g)(2)'', and
                    (B) by striking ``subsection (h)(1)'' and inserting 
                ``subsection (g)(1)''.
            (279) Section 6302(e)(2)(A) is amended by striking 
        ``sections'' and inserting ``section''.
            (280) Section 6311(d)(3)(D) is amended--
                    (A) by striking ``section 103(f)'' and inserting 
                ``section 103(g)'', and
                    (B) by striking ``1602(f)'' and inserting 
                ``1602(g)''.
            (281) Section 6330(c) is amended by striking ``subsection 
        (d)(2)(B)'' in the last sentence and inserting ``subsection 
        (d)(3)(B)''.
            (282) Section 6330(d)(2) is amended by striking ``, and'' at 
        the end and inserting a period.

[[Page 132 STAT. 1198]]

            (283) Section 6334(a)(10)(A) <<NOTE: 26 USC 6334.>>  is 
        amended by striking ``V,,'' and inserting ``V,''.
            (284) Section 6342(a) is amended by striking ``subsection 
        (c)(2)'' and inserting ``subsection (d)(2)''.
            (285) Section 6402(a) is amended by striking ``(f) refund'' 
        and inserting ``(f), refund''.
            (286) Section 6402(c) is amended by striking ``of of'' and 
        inserting ``of''.
            (287) Section 6402(d)(2) is amended by striking ``section 
        402(a)(26) of the Social Security Act'' and inserting ``section 
        408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(3))''.
            (288) Section 6404(g)(2)(E) is amended by striking ``section 
        6664(d)(2)(A)'' and inserting ``section 6664(d)(3)(A)''.
            (289) Section 6420(i)(4) is amended by striking ``State 
        and'' and inserting ``State (and''.
            (290) Section 6421(c) is amended by striking ``(4) (5)'' and 
        inserting ``(4), (5)''.
            (291) Section 6421(j)(3) is amended by striking ``State 
        and'' and inserting ``State (and''.
            (292) Section 6422 is amended--
                    (A) by striking paragraph (7),
                    (B) by redesignating paragraphs (8) through (12) as 
                paragraphs (7) through (11), respectively, and
                    (C) by striking ``for credit'' in paragraph (10) as 
                so redesignated and inserting ``For credit''.
            (293) Section 6425(c)(1)(A) is amended by striking ``The 
        sum'' and inserting ``the sum''.
            (294) Section 6426(b)(2)(A)(ii) is amended by striking 
        ``cents..'' and inserting ``cents.''.
            (295) Section 6501(m) is amended by striking ``any 
        election'' and all that follows through ``(or any'' and 
        inserting the following: ``any election under section 30B(h)(9), 
        30C(e)(4), 30D(e)(4), 35(g)(11), 40(f), 43, 45B, 45C(d)(4), 
        45H(g), or 51(j) (or any''.
            (296) Section 6503(a)(1) is amended by striking ``section 
        6230(a)).'' and inserting ``section 6230(a))''.
            (297) Section 6612(c) is amended--
                    (A) by inserting ``sections'' before ``2014(e)'', 
                and
                    (B) by striking ``and 6420'' and inserting ``6420''.
            (298) The item relating to section 6651 in the table of 
        sections for part I of subchapter A of chapter 68 <<NOTE: 26 USC 
        6651 prec.>>  is amended to read as follows:

``Sec. 6651. Failure to file tax return or to pay tax.''.

            (299) Each of the following sections are amended by 
        inserting ``an amount equal to'' after ``increased by'' and by 
        inserting ``for the calendar year'' after ``section 1(f)(3)'':
                    (A) Section 6651(i).
                    (B) Section 6652(c)(7)(A).
                    (C) Section 6695(h)(1).
                    (D) Section 6698(e)(1).
                    (E) Section 6699(e)(1).
                    (F) Section 6721(f)(1).
                    (G) Section 6722(f)(1).
            (300) Section 6652(e) is amended by striking ``section 
        6724(d)(2)(Y)'' in the last sentence and inserting ``section 
        6724(d)(2)(AA)''.

[[Page 132 STAT. 1199]]

            (301) Section 6654(a) <<NOTE: 26 USC 6654.>>  is amended by 
        striking ``chapter 1 the tax'' and inserting ``chapter 1, the 
        tax''.
            (302) Section 6654(f)(3) is amended by striking ``taxes'' 
        and inserting ``tax''.
            (303) Section 6662(d)(3) is amended by striking ``section 
        6664(d)(2)'' and inserting ``section 6664(d)(3)''.
            (304) Section 6662 is amended by moving subsection (i) 
        before subsection (j).
            (305) The heading of section 6676(c) is amended by striking 
        ``Reasonable Basis'' and inserting ``Reasonable Cause''.
            (306) The item relating to section 6684 in the table of 
        sections for part I of subchapter B of chapter 68 <<NOTE: 26 USC 
        6671 prec.>>  is amended to read as follows:

``Sec. 6684. Assessable penalties with respect to liability for tax 
           under chapter 42.''.

            (307) The item relating to section 6686 in the table of 
        sections for part I of subchapter B of chapter 68 <<NOTE: 26 USC 
        6671 prec.>>  is amended to read as follows:

``Sec. 6686. Failure to file returns or supply information by DISC or 
           former FSC.''.

            (308) Section 6679(a)(1) is amended by striking ``section 
        6046 and 6046A'' and inserting ``section 6046 or 6046A''.
            (309) Section 6695(h)(2) is amended by striking 
        ``subparagraph (A)'' and inserting ``paragraph (1)''.
            (310) Section 6695(h)(2)(B) is amended by striking ``clause 
        (i)'' and inserting ``subparagraph (A)''.
            (311) Section 6696(a) is amended by striking ``section 
        6694,'' and inserting ``sections 6694,''.
            (312) Section 6696(d)(1) is amended by striking ``section 
        6695,'' and inserting ``6695,''.
            (313) Section 6698(b)(2) is amended by adding a period at 
        the end.
            (314) Section 6700(a) is amended by striking ``the $1,000'' 
        and inserting ``$1,000''.
            (315) Section 6724(d)(1)(B)(xx) is amended by striking 
        ``or'' at the end.
            (316) Section 6724(d)(1)(B)(xxi) is amended by striking 
        ``and'' at the end.
            (317) Section 6724(d)(1) is amended by striking ``Such term 
        also includes'' and inserting the following:

``Such term also includes''.
            (318) Section 6724(d)(2)(F) is amended by striking the 
        period at the end and inserting a comma.
            (319) Section 6724(d)(2)(M) is amended by striking ``(h)(2) 
        relating'' and inserting ``(h)(2) (relating''.
            (320) Section 6724(d)(2)(DD) is amended by adding a comma at 
        the end.
            (321) Section 6863(a) is amended by striking ``6852,,'' and 
        inserting ``6852,''.
            (322) Section 6901(a)(1)(B) is amended by striking ``Code 
        in'' and inserting ``Code, in''.
            (323) Section 7275(b)(2) is amended by striking ``taxes, 
        shall'' and inserting ``taxes,''.
            (324) Section 7421(b)(2) is amended by striking ``Code in'' 
        and inserting ``Code, in''.
            (325)(A) Subsections (e) and (i) of section 7422 and 
        sections 3121(b)(5)(E), 6110(j)(1)(B), 7428(a), and 7430(c)(6) 
        are each

[[Page 132 STAT. 1200]]

        amended by striking ``United States Claims Court'' and inserting 
        ``United States Court of Federal Claims''.
            (B) Subsections (a), (b), and (c)(1)(C)(iii) of section 7428 
        are each amended <<NOTE: 26 USC 7428.>>  by striking ``Claims 
        Court'' and inserting ``Court of Federal Claims''.
            (C) The heading of section 4961(c)(1) is amended by striking 
        ``united states claims court'' and inserting ``united states 
        court of federal claims''.
            (D) Section 6672(c)(2) is amended by striking ``Court of 
        Claims'' and inserting ``Court of Federal Claims''.
            (326) The item relating to section 7448 in the table of 
        sections for part I of subchapter C of chapter 76 <<NOTE: 26 USC 
        7441 prec.>>  is amended to read as follows:

``Sec. 7448. Annuities to surviving spouses and dependent children of 
           judges and special trial judges.''.

            (327) Section 7448(j)(1)(A) is amended by striking 
        ``Code,),'' and inserting ``Code),''.
            (328) Section 7448(m) is amended by striking ``Code,'' and 
        inserting ``Code),''.
            (329) Section 7454(b) is amended by striking ``4955),,'' and 
        inserting ``4955),''.
            (330) Section 7654(d)(1) is amended by striking ``50 App. 
        U.S.C. 501 et seq.'' and inserting ``50 U.S.C. 3901 et seq.''.
            (331) Section 7701(a)(36)(B) is amended by striking ``an 
        `tax'' and inserting ``a `tax''.
            (332) Section 7701(e)(5)(B) is amended by striking 
        ``Reconcilation'' and inserting ``Reconciliation''.
            (333) Section 7801(a)(2)(B) is amended--
                    (A) by striking ``this Act'' and inserting ``the 
                Homeland Security Act of 2002'', and
                    (B) by striking ``effective date of the Homeland 
                Security Act of 2002'' and inserting ``effective date of 
                such Act''.
            (334) Section 7809(c)(1) is amended by striking ``Work'' and 
        inserting ``work''.
            (335) Section 7851(a)(1)(A) is amended by striking ``, 4''.
            (336) Section 7851(a)(1)(B) is amended by striking 
        ``Chapters 3 and 5'' and inserting ``Chapter 3''.
            (337) Section 7871(c)(3)(D)(ii)(II) is amended by striking 
        ``calender'' and inserting ``calendar''.
            (338) Section 9003(b)(2) is amended by striking ``section 
        9006(d)'' and inserting ``section 9006(c)''.
            (339) Section 9011(b)(1) is amended by striking ``contrue'' 
        and inserting ``construe''.
            (340) Section 9502(d)(2) is amended by striking ``farms,'' 
        and inserting ``farms),''.
            (341) Section 9503(c)(5) is amended by striking ``and before 
        October 1, 2011,''.
            (342) Section 9508(c)(1) is amended by striking ``the 
        Public'' and inserting ``Public''.
            (343) Section 9701(a)(4) is amended by striking ``section 
        9713A'' and inserting ``section 9712''.
            (344) Section 9704(d)(2)(B) is amended by striking 
        ``1232)),'' and inserting ``1232),''.
            (345) Section 9705(b)(1) is amended by striking ``1232(h)'' 
        and inserting ``1232''.

[[Page 132 STAT. 1201]]

            (346) Section 9705(b)(2) <<NOTE: 26 USC 9705.>>  is amended 
        by striking ``Acts'' and inserting ``Act''.
            (347) Section 9711(c)(4)(B) is amended by striking 
        ``paragraph (4)(C)'' and inserting ``paragraph (3)(C)''.
            (348) Section 9712(a)(4)(A) is amended by inserting 
        ``section 402 of'' after ``subsections (h) and (i) of''.
            (349) Section 9812(a)(3)(B)(i) is amended by striking the 
        comma at the end and inserting a period.
            (350) Section 302 of division P of the Consolidated 
        Appropriations Act, 2016 <<NOTE: 26 USC 48.>>  is amended--
                    (A) in subsection (a), by inserting ``of the 
                Internal Revenue Code of 1986'' after ``section 
                48(a)(5)(C)'', and
                    (B) in subsection (b), by inserting ``of such Code'' 
                after ``section 48(a)''.
            (351) Section 32103(a) of the Fixing America's Surface 
        Transportation Act <<NOTE: 26 USC 6303.>>  is amended by 
        striking ``section 52106'' and inserting ``section 32102''.
            (352) Section 7518(i) is amended--
                    (A) by striking ``section 607(k) of the Merchant 
                Marine Act, 1936'' and inserting ``chapter 535 of title 
                46, United States Code,'', and
                    (B) by striking ``such section 607(k)'' and 
                inserting ``such chapter''.

    (b) General Deadwood-related Provisions.--
            (1) Section 25A(c)(1) is amended by striking ``($5,000 in 
        the case of taxable years beginning before January 1, 2003)''.
            (2) Section 26(b)(2) is amended by striking subparagraph 
        (P).
            (3) Section 30C(e) is amended by striking paragraph (6) and 
        redesignating paragraph (7) as paragraph (6).
            (4) Section 32(l) is amended by striking ``, and any payment 
        made to such individual (or such spouse) by an employer under 
        section 3507,''.
            (5)(A) Section 38(c)(5) is amended--
                    (i) by striking all that precedes subparagraph (C) 
                thereof and inserting the following:
            ``(5) Rules related to eligible small businesses.--'',
                    (ii) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (A) and (B), respectively, and
                    (iii) by amending subparagraph (B) (as so 
                redesignated) to read as follows:
                    ``(B) Treatment of partners and s corporation 
                shareholders.--For purposes of paragraph (4)(B)(ii), any 
                credit determined under section 41 with respect to a 
                partnership or S corporation shall not be treated as a 
                specified credit by any partner or shareholder unless 
                such partner or shareholder meets the gross receipts 
                test under subparagraph (A) for the taxable year in 
                which such credit is treated as a current year business 
                credit.''.
            (B) Section 38(c)(2)(A)(ii)(II) is amended by striking ``the 
        eligible small business credits,''.
            (C) Section 38(c)(4)(A)(ii)(II) is amended by striking ``the 
        eligible small business credits and''.
            (D) Section 38(c)(4)(B)(ii) is amended by striking ``(as 
        defined in paragraph (5)(C), after application of rules similar 
        to the rules of paragraph (5)(D))'' and inserting ``(as defined

[[Page 132 STAT. 1202]]

        in paragraph (5)(A) after application of the rules of paragraph 
        (5)(B))''.
            (E) Section 39(a) <<NOTE: 26 USC 39.>>  is amended by 
        striking paragraph (4).
            (F) Section 39(a)(3)(A) is amended by striking ``or the 
        eligible small business credits''.
            (6) Section 41(c)(4)(A), as amended by the preceding 
        provisions of this Act, is amended by striking ``(12 percent in 
        the case of taxable years ending before January 1, 2009)''.
            (7) Section 56(b)(1)(E) is amended by striking the last 
        sentence.
            (8) Section 56(d)(1)(A)(ii)(I) is amended by inserting ``(as 
        in effect before its repeal by the Tax Increase Prevention Act 
        of 2014)'' after ``section 172(b)(1)(H)''.
            (9) Section 126(a) is amended by striking paragraph (7) and 
        by redesignating paragraphs (8) and (9) as paragraphs (7) and 
        (8), respectively.
            (10)(A) Section 139(c)(2) is amended by striking ``section 
        165(h)(3)(C)(i)'' and inserting ``section 165(i)(5)(A)''.
            (B) Section 7508A(a) is amended by striking ``section 
        165(h)(3)(C)(i)'' and inserting ``section 165(i)(5)(A)''.
            (11) Section 140(a) is amended by striking paragraph (2) and 
        by redesignating paragraphs (3) through (6) as paragraphs (2) 
        through (5), respectively.
            (12) Section 163(d)(4) is amended by striking subparagraph 
        (E).
            (13)(A) Section 168 is amended by striking subsection (n).
            (B) <<NOTE: 26 USC 168 note.>>  The amendment made by this 
        paragraph shall not apply to property placed in service before 
        the date of the enactment of this Act.
            (14) Section 170(e)(3) is amended by striking subparagraph 
        (D) and redesignating subparagraph (E) as subparagraph (D).
            (15)(A) Section 179 is amended by striking subsection (e) 
        and redesignating subsection (f) as subsection (e).
            (B) Section 179(d)(1)(B)(ii) is amended by striking 
        ``subsection (f)'' and inserting ``subsection (e)''.
            (C) <<NOTE: 26 USC 179 note.>>  The amendments made by this 
        paragraph shall not apply to property placed in service before 
        the date of the enactment of this Act.
            (16) Section 196(d) is amended--
                    (A) by striking ``in the case of--'' and all that 
                follows and inserting ``in the case of the investment 
                credit determined under section 46 (other than the 
                rehabilitation credit).'', and
                    (B) by striking ``and Research Credit'' in the 
                heading thereof.
            (17) Section 246A(b)(1) is amended by striking ``without 
        regard to section 243(d)(4)''.
            (18) Section 381(c)(16) is amended by striking the second 
        sentence.
            (19) Section 411(a)(3)(F)(i) is amended by striking ``under 
        section 418D or''.
            (20) Section 415(g) is amended by striking ``subsection 
        (f)(3)'' and inserting ``subsection (f)(2)''.
            (21)(A) Section 419(e)(3)(A) is amended by striking ``(17), 
        or (20)'' and inserting ``or (17)''.
            (B) Section 419A(g)(1) is amended by striking ``(17), or 
        (20)'' and inserting ``or (17)''.

[[Page 132 STAT. 1203]]

            (C) Section 419A(g)(2) <<NOTE: 26 USC 419A.>>  is amended by 
        striking ``(17), or (20)'' and inserting ``or (17)''.
            (D) Section 505 is amended--
                    (i) in the heading thereof, by striking 
                ``<SUP>paragraph</SUP> (9),</SUP> (17),</SUP> or</SUP> 
                (20)</SUP>'' and inserting ``<SUP>paragraph</SUP> (9)</SUP> 
                or</SUP> (17)</SUP>'',
                    (ii) in the heading of subsection (a), by striking 
                ``Paragraph (9) or (20) of Section 501(c)'' and 
                inserting ``Section 501(c)(9)'',
                    (iii) in subsection (a)(1), by striking ``paragraph 
                (9) or (20) of subsection (c) of section 501'' and 
                inserting ``section 501(c)(9)'', and
                    (iv) in subsection (c)(1), by striking ``paragraph 
                (9), (17), or (20)'' and inserting ``paragraph (9) or 
                (17)''.
            (E) Subparagraphs (A), (C), and (D) of section 512(a)(3) are 
        each amended in the text thereof by striking ``(17), or (20)'' 
        and inserting ``or (17)''.
            (F) Subparagraphs (B)(ii) and (E) of section 512(a)(3) are 
        each amended in the text thereof by striking ``, (17), or (20)'' 
        and inserting ``or (17)''.
            (G) The heading of section 512(a)(3) is amended by striking 
        ``(17), or (20)'' and inserting ``or (17)''.
            (H) The heading of section 512(a)(3)(E) is amended by 
        striking ``, (17), or (20)'' and inserting ``or (17)''.
            (I) The item relating to section 505 in the table of 
        sections for part I of subchapter F of chapter 1 <<NOTE: 26 USC 
        501 prec.>>  is amended to read as follows:

``Sec. 505. Additional requirements for organizations described in 
           paragraph (9) or (17) of section 501(c).''.

            (22) Section 501(p)(4) is amended by striking ``, 
        556(b)(2)''.
            (23) Section 530(b)(3) is amended--
                    (A) by striking ``(as defined in section 
                170(e)(6)(F)(i))'' in subparagraph (A)(iii), and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) Computer technology or equipment.--The term 
                `computer technology or equipment' means computer 
                software (as defined by section 197(e)(3)(B)), computer 
                or peripheral equipment (as defined by section 
                168(i)(2)(B)), and fiber optic cable related to computer 
                use.''.
            (24) Section 593(b)(2)(D)(iv) is amended by striking 
        ``(determined without regard to section 596)''.
            (25) Section 597(c)(1) is amended by striking ``or section 
        21A of the Federal Home Loan Bank Act''.
            (26) Section 613A(c)(6) is amended by striking subparagraph 
        (H).
            (27) Section 664(g)(3)(E) is amended by striking 
        ``limitations under sections 415(c) and (e)'' and inserting 
        ``limitation under section 415(c)''.
            (28) Section 856(m) is amended by striking paragraph (6).
            (29) Section 871(a)(3) is amended by striking the last 
        sentence thereof.
            (30) Section 992(d) is amended by striking paragraph (6), by 
        inserting ``or'' at the end of paragraph (5), and by 
        redesignating paragraph (7) as paragraph (6).
            (31) Section 1245(a)(3)(C) is amended by striking ``, 185''.

[[Page 132 STAT. 1204]]

            (32)(A) Section 1252(a)(1) <<NOTE: 26 USC 1252.>>  is 
        amended by striking ``during a taxable year beginning''.
            (B) Section 1252(a)(1)(A) is amended--
                    (i) by striking ``sections'' and inserting 
                ``section'', and
                    (ii) by striking ``and 182'' and all that follows 
                through ``for expenditures'' and inserting ``for 
                expenditures''.
            (C) Section 1252(a)(2) is amended--
                    (i) by striking ``sections'' and inserting 
                ``section'', and
                    (ii) by striking ``or 182'' and all that follows and 
                inserting a period.
            (33) Section 1374(d)(2)(B) is amended by striking the last 
        sentence.
            (34) Section 3111 is amended by striking subsection (d).
            (35) Section 3127(b)(3) is amended by striking ``or 
        222(b)''.
            (36) Section 3221 is amended by striking subsection (c) and 
        by redesignating subsection (d) as subsection (c).
            (37) Section 3301 is amended by striking ``equal to--'' and 
        all that follows and inserting ``equal to 6 percent of the total 
        wages (as defined in section 3306(b)) paid by such employer 
        during the calendar year with respect to employment (as defined 
        in section 3306(c)).''.
            (38) Section 3302(c)(2) is amended by striking the next to 
        last sentence.
            (39) Section 3302(f)(2) is amended--
                    (A) by striking ``(or, for purposes of applying this 
                subparagraph to taxable year 1983, September 30, 1981)'' 
                in subparagraph (D), and
                    (B) by striking the last sentence.
            (40) Section 4042(b)(1) is amended by adding ``and'' at the 
        end of subparagraph (A), by striking ``, and'' at the end of 
        subparagraph (B) and inserting a period, and by striking 
        subparagraph (C).
            (41) Section 4042(b)(2) is amended by striking subparagraph 
        (C).
            (42) Section 4261(b)(1) is amended by striking ``a tax in 
        the amount'' and all that follows and inserting ``a tax in the 
        amount of $3.00.''.
            (43) Section 4481(d) is amended to read as follows:

    ``(d) One Tax Liability Per Period.--To the extent that the tax 
imposed by this section is paid with respect to any highway motor 
vehicle for any taxable period, no further tax shall be imposed by this 
section for such taxable period with respect to such vehicle.''.
            (44) Section 4971(d) is amended by striking the last 
        sentence.
            (45) Section 6050G(a)(2) is amended by striking ``(to the 
        extent not previously taken into account under section 
        72(d)(1))''.
            (46) Section 6215(b) is amended by striking paragraph (5) 
        and by redesignating paragraphs (6) and (7) as paragraphs (5) 
        and (6), respectively.
            (47) Section 6601(b) is amended by striking paragraph (2) 
        and by redesignating paragraphs (3) through (5) as paragraphs 
        (2) through (4), respectively.
            (48) Section 6654(d)(1)(C)(i) is amended by striking ``by 
        substituting'' and all that follows and inserting ``by 
        substituting `110 percent' for `100 percent'.''.

[[Page 132 STAT. 1205]]

            (49) Section 6654(d)(1) <<NOTE: 26 USC 6654.>>  is amended 
        by striking subparagraph (D).
            (50) Part II of subchapter C of chapter 75 <<NOTE: 26 USC 
        7321 prec.>>  is amended by striking section 7326 (and by 
        striking the item relating to such section in the table of 
        sections for such part).
            (51) Section 7448(a)(5) is amended by striking ``, whether 
        or not performing judicial duties under section 7443B''.
            (52) Section 7448(a)(6) is amended by striking ``, and 
        compensation received under section 7443B''.
            (53) Section 7448(d) is amended by striking ``at 4 percent 
        per annum to December 31, 1947, and 3 percent per annum 
        thereafter'' and inserting ``at 3 percent per annum''.
            (54) Section 7701(a)(19)(A) is amended by striking ``either 
        (i)'' and all that follows through ``(ii)''.
            (55) Section 7701(a)(32)(A) is amended to read as follows:
                    ``(A) is subject by law to supervision and 
                examination by State or Federal authority having 
                supervision over such institutions, and''.
            (56) Section 8021 is amended by striking subsection (f).
            (57) Section 8022(3) is amended by striking subparagraph 
        (C).

    (c) Repeal of Certain Obsolete Bond Provisions.--
            (1) Certain rules with respect to bonds issued before july 
        2, 1982.--
                    (A) Section 1271 is amended--
                          (i) by striking subsection (c) and by 
                      redesignating subsection (d) as subsection (c), 
                      and
                          (ii) by striking ``(and paragraph (2) of 
                      subsection (c))'' in subsection (a)(2)(B).
                    (B) Section 1272 is amended by striking subsection 
                (b) and by redesignating subsections (c) and (d) as 
                subsections (b) and (c), respectively.
                    (C) Section 163(e)(1) is amended by striking ``In 
                the case of any debt instrument issued after July 1, 
                1982, the portion of the original issue discount with 
                respect to such debt instrument which is'' and inserting 
                ``The portion of the original issue discount with 
                respect to any debt instrument which is''.
                    (D) Section 1271(a)(2)(A)(ii) is amended by striking 
                ``subsection (a)(7) or (b)(4) of section 1272'' and 
                inserting ``section 1272(a)(7)''.
                    (E) Section 1271(b)(1) is amended to read as 
                follows:
            ``(1) In general.--This section shall not apply to any 
        obligation issued by a natural person before June 9, 1997.''.
                    (F) Section 1272(a) is amended--
                          (i) by striking ``on Debt Instruments Issued 
                      After July 1, 1982,'' in the heading, and
                          (ii) by striking ``issued after July 1, 1982'' 
                      in paragraph (1).
                    (G) Section 1278(a)(4)(B) is amended by striking 
                ``or (b)(4)''.
                    (H) <<NOTE: 26 USC 163 note.>>  The amendments made 
                by this paragraph shall apply to debt instruments issued 
                on or after July 2, 1982.
            (2) Certain rules with respect to stripped bonds purchased 
        before july 2, 1982.--
                    (A) Section 1286, as amended by this section, is 
                amended by striking subsection (c) and by redesignating

[[Page 132 STAT. 1206]]

                subsections (d), (e), (f), and (g) as subsections (c), 
                (d), (e), and (f), respectively.
                    (B) Subsections (a) and (b) of section 
                1286 <<NOTE: 26 USC 1286.>>  are each amended by 
                striking ``after July 1, 1982,''.
                    (C) Section 1286(d)(5), as redesignated by 
                subparagraph (A), is amended by striking the last 
                sentence.
                    (D) Section 305(e)(7) is amended by striking 
                ``1286(f)'' and inserting ``1286(e)''.
                    (E) <<NOTE: 26 USC 305 note.>>  The amendments made 
                by this paragraph shall apply to bonds purchased on or 
                after July 2, 1982.
            (3) Certain rules with respect to obligations issued before 
        march 2, 1984.--
                    (A) Section 1272(a)(2) is amended by striking 
                subparagraph (D) and by redesignating subparagraph (E) 
                as subparagraph (D).
                    (B) Section 163(e)(4) is amended to read as follows:
            ``(4) Exception.--This subsection shall not apply to any 
        debt instrument described in section 1272(a)(2)(D) (relating to 
        loans between natural persons).''.
                    (C) <<NOTE: 26 USC 163 note.>>  The amendments made 
                by this paragraph shall apply to obligations issued on 
                or after March 2, 1984.

    (d) Deadwood Provisions Involving Repeal of One or More Sections.--
            (1) Puerto rico economic activity credit; puerto rico and 
        possession tax credit.--
                    (A) Possession tax credit.--Section 27 is amended to 
                read as follows:

``SEC. 27. TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF THE UNITED 
            STATES.

    ``The amount of taxes imposed by foreign countries and possessions 
of the United States shall be allowed as a credit against the tax 
imposed by this chapter to the extent provided in section 901''.
                    (B) Puerto rico economic activity credit.--Subpart C 
                of part IV of subchapter A of chapter 1 <<NOTE: 26 USC 
                27 prec.>>  is amended by striking section 30A (and by 
                striking the item relating to such section in the table 
                of sections for such subpart).
                    (C) Puerto rico and possession tax credit.--Subpart 
                C of part III of subchapter N of chapter 1 <<NOTE: 26 
                USC 931 prec.>>  is amended by striking section 936 (and 
                by striking the item relating to such section in the 
                table of sections for such subpart).
                    (D) Conforming amendments.--
                          (i) The item relating to section 27 in the 
                      table of sections for subpart B of part IV of 
                      subchapter A of chapter 1 <<NOTE: 26 USC 27 
                      prec.>>  is amended to read as follows:

``Sec. 27. Taxes of foreign countries and possessions of the United 
           States.''.

                          (ii) Sections 26(a)(1), 59(a)(1), 
                      469(c)(3)(B), and 469(d)(2)(A)(ii) are each 
                      amended by striking ``27(a)'' and inserting 
                      ``27''.
                          (iii) Section 45C(d)(2) is amended--
                                    (I) by striking subparagraph (B),
                                    (II) by redesignating clauses (i) 
                                and (ii) of subparagraph (A) as 
                                subparagraphs (A) and (B), respectively, 
                                and moving such subparagraphs (as so 
                                redesignated) 2 ems to the left, and

[[Page 132 STAT. 1207]]

                                    (III) by striking ``In general.--'' 
                                and all that precedes it and inserting 
                                the following:
            ``(2) Special limitations on foreign testing.--''.
                          (iv) Section 168(g)(4)(G) <<NOTE: 26 USC 
                      168.>>  is amended by striking ``(other than a 
                      corporation which has an election in effect under 
                      section 936)''.
                          (v) Section 243(b)(1)(B) is amended to read as 
                      follows:
                    ``(B) if such dividend is distributed out of the 
                earnings and profits of a taxable year of the 
                distributing corporation which ends after December 31, 
                1963, and on each day of which the distributing 
                corporation and the corporation receiving the dividend 
                were members of such affiliated group.''.
                          (vi) Section 246 is amended by striking 
                      subsection (e).
                          (vii) Section 338(h)(6)(B)(i) is amended by 
                      striking ``, a DISC, or a corporation to which an 
                      election under section 936 applies'' and inserting 
                      ``or a DISC''.
                          (viii)(I) Section 367(d) is amended by adding 
                      at the end the following new paragraph:
            ``(4) Intangible property.--For purposes of this subsection, 
        the term `intangible property' means any--
                    ``(A) patent, invention, formula, process, design, 
                pattern, or know-how,
                    ``(B) copyright, literary, musical, or artistic 
                composition,
                    ``(C) trademark, trade name, or brand name,
                    ``(D) franchise, license, or contract,
                    ``(E) method, program, system, procedure, campaign, 
                survey, study, forecast, estimate, customer list, or 
                technical data,
                    ``(F) goodwill, going concern value, or workforce in 
                place (including its composition and terms and 
                conditions (contractual or otherwise) of its 
                employment), or
                    ``(G) other item the value or potential value of 
                which is not attributable to tangible property or the 
                services of any individual.''.
                          (II) Section 367(d)(1) is amended by striking 
                      ``(within the meaning of section 936(h)(3)(B))''.
                          (III) Sections 482 and 1298(e)(2)(A) are each 
                      amended by striking ``section 936(h)(3)(B)'' and 
                      inserting ``section 367(d)(4)''.
                          (ix) Section 861(a)(2)(A) is amended by 
                      striking ``other than a corporation which has an 
                      election in effect under section 936''.
                          (x) Section 864(d)(5) is amended to read as 
                      follows:
            ``(5) Certain provisions not to apply.--The following 
        provisions shall not apply to any amount treated as interest 
        under paragraph (1) or (6):
                    ``(A) Section 904(d)(2)(B)(iii)(I) (relating to 
                exceptions for export financing interest).
                    ``(B) Subparagraph (A) of section 954(b)(3) 
                (relating to exception where foreign base company income 
                is less than 5 percent or $1,000,000).
                    ``(C) Subparagraph (B) of section 954(c)(2) 
                (relating to certain export financing).

[[Page 132 STAT. 1208]]

                    ``(D) Clause (i) of section 954(c)(3)(A) (relating 
                to certain income received from related persons).''.
                          (xi) Section 865(j)(3) <<NOTE: 26 USC 865.>>  
                      is amended by striking ``, 933, and 936'' and 
                      inserting ``and 933''.
                          (xii) Section 901(g)(2) is amended by 
                      inserting ``(as in effect on the day before the 
                      date of the enactment of the Tax Technical 
                      Corrections Act of 2018)'' after ``section 936''.
                          (xiii) Section 904(b) is amended by striking 
                      paragraph (4) and by redesignating paragraph (5) 
                      as paragraph (4).
                          (xiv) Section 904(f)(1) is amended by striking 
                      ``and section 936''.
                          (xv) Section 1202(e)(4) is amended by striking 
                      subparagraph (B) and by redesignating 
                      subparagraphs (C) and (D) as subparagraphs (B) and 
                      (C), respectively.
                          (xvi) Section 1361(b)(2) is amended by adding 
                      ``or'' at the end of subparagraph (B), by striking 
                      subparagraph (C), and by redesignating 
                      subparagraph (D) as subparagraph (C).
                          (xvii)(I) Section 1504(b) is amended by 
                      striking paragraph (4) and by redesignating 
                      paragraphs (6), (7), and (8) as paragraphs (4), 
                      (5), and (6), respectively.
                          (II) Section 243(b)(2) is amended by striking 
                      ``, 1504(b)(4),''.
                          (III) Section 332(d)(2)(B) is amended by 
                      striking ``paragraphs (2) and (4)'' and inserting 
                      ``paragraph (2)''.
                          (IV) Section 864(e)(5)(A) is amended by 
                      striking ``(determined without regard to paragraph 
                      (4) of section 1504(b))''.
                          (V) Section 864(f) is amended in paragraphs 
                      (1)(C)(i) and (2) by striking ``paragraphs (2) and 
                      (4)'' and inserting ``paragraph (2)''.
                          (xviii) Section 6091(b)(2)(B) is amended by 
                      striking clause (ii) and by redesignating clauses 
                      (iii) and (iv) as clauses (ii) and (iii), 
                      respectively.
                          (xix) Section 6654(d)(2)(D) is amended--
                                    (I) by striking ``936(h) or'' in 
                                clause (i), and
                                    (II) by striking ``and section 936'' 
                                in the heading.
                          (xx) Section 6655(e)(4) is amended--
                                    (I) by striking ``936(h) or'' in 
                                subparagraph (A), and
                                    (II) by striking ``and section 936'' 
                                in the heading.
            (2) Energy efficient appliance credit.--
                    (A) In general.--Subpart D of part IV of subchapter 
                A of chapter 1 <<NOTE: 26 USC 30 prec.>>  is amended by 
                striking section 45M (and by striking the item relating 
                to such section in the table of sections for such 
                subpart).
                    (B) Conforming amendment.--Section 38(b), as amended 
                by the preceding provisions of this Act, is amended by 
                striking paragraph (24) and by redesignating paragraphs 
                (25) through (37) as paragraphs (24) through (36), 
                respectively.
            (3) Qualifying therapeutic discovery project credit.--

[[Page 132 STAT. 1209]]

                    (A) In general.--Subpart E of part IV of subchapter 
                A of chapter 1 <<NOTE: 26 USC 46 prec.>>  is amended by 
                striking section 48D (and by striking the item relating 
                to such section in the table of sections for such 
                subpart).
                    (B) Conforming amendments.--
                          (i) Section 49(a)(1)(C) <<NOTE: 26 USC 49.>>  
                      is amended by adding ``and'' at the end of clause 
                      (iv), by striking ``, and'' at the end of clause 
                      (v) and inserting a period, and by striking clause 
                      (vi).
                          (ii) Section 50(a)(2)(E) is amended by 
                      striking ``48C(b)(2), or 48D(b)(4)'' and inserting 
                      ``or 48C(b)(2)''.
                          (iii) Section 280C is amended by striking the 
                      subsection (g) which relates to the qualifying 
                      therapeutic discovery project credit.
                    (C) <<NOTE: 26 USC 48D note.>>  Savings provision.--
                In the case of the repeal of section 48D(e)(1) of the 
                Internal Revenue Code of 1986, the amendments made by 
                this paragraph shall not apply to expenditures made in 
                taxable years beginning before January 1, 2011.
            (4) DC zone provisions.--
                    (A) In general.--Chapter 1 <<NOTE: 26 USC 1 prec.>>  
                is amended by striking subchapter W (and by striking the 
                item relating to such subchapter in the table of 
                subchapters for such chapter).
                    (B) Conforming amendments.--
                          (i) Section 23(c)(1) is amended by striking 
                      ``sections 25D and 1400C'' and inserting ``section 
                      25D''.
                          (ii) Section 25(e)(1)(C) is amended by 
                      striking ``sections 23, 25D, and 1400C'' and 
                      inserting ``sections 23 and 25D''.
                          (iii) Section 45D(h) is amended by striking 
                      ``sections 1202, 1400B, and 1400F'' and inserting 
                      ``section 1202''.
                          (iv) Section 1016(a) is amended by striking 
                      paragraph (27).
                          (v) Section 1202(a)(2)(B) is amended by 
                      inserting ``(as in effect before its repeal)'' 
                      after ``1400B(b)''.
                          (vi) Section 1223(13) is amended by striking 
                      ``sections 1202(a)(2), 1202(c)(2)(A), 1400B(b), 
                      and 1400F(b)'' and inserting ``subsections (a)(2) 
                      and (c)(2)(A) of section 1202''.
                          (vii) Section 1397B(b)(1) is amended by 
                      striking subparagraph (B).
                    (C) <<NOTE: 26 USC 1400A note.>>  Savings 
                provisions.--The amendments made by this paragraph shall 
                not apply to--
                          (i) in the case of the repeal of section 1400A 
                      of the Internal Revenue Code of 1986, obligations 
                      described in section 1394 of such Code (as in 
                      effect before its repeal) which were issued before 
                      January 1, 2012,
                          (ii) in the case of the repeal of section 
                      1400B of such Code, DC Zone assets (as defined in 
                      such section, as in effect before its repeal) 
                      which were acquired by the taxpayer before January 
                      1, 2012, and
                          (iii) in the case of the repeal of section 
                      1400C of such Code, principal residences acquired 
                      before January 1, 2012.
            (5) Renewal community provisions.--

[[Page 132 STAT. 1210]]

                    (A) In general.--Chapter 1 <<NOTE: 26 USC 1 prec.>>  
                is amended by striking subchapter X (and by striking the 
                item relating to such subchapter in the table of 
                subchapters for such chapter).
                    (B) Conforming amendments.--
                          (i) Section 469(i)(3) <<NOTE: 26 USC 469.>>  
                      is amended by striking subparagraph (C) and by 
                      redesignating subparagraphs (D), (E), and (F) as 
                      subparagraphs (C), (D), and (E), respectively.
                          (ii) Section 469(i)(3)(D), as so redesignated, 
                      is amended to read as follows:
                    ``(D) Ordering rule.--Paragraph (1) shall be applied 
                for any taxable year--
                          ``(i) first, to the passive activity loss,
                          ``(ii) second, to the portion of the passive 
                      activity credit to which subparagraph (B) and (C) 
                      does not apply,
                          ``(iii) third, to the portion of such credit 
                      to which subparagraph (B) applies, and
                          ``(iv) then, to the portion of such credit to 
                      which subparagraph (C) applies.''.
                          (iii) Section 469(i)(6)(B) is amended--
                                    (I) by striking ``, rehabilitation 
                                credit, or commercial revitalization 
                                deduction'' in the heading and inserting 
                                ``or rehabilitation credit'',
                                    (II) by adding ``or'' at the end of 
                                clause (i),
                                    (III) by striking ``, or'' at the 
                                end of clause (ii) and inserting a 
                                comma, and
                                    (IV) by striking clause (iii).
                          (iv) Section 1397B(b)(1), as amended by the 
                      preceding provisions of this Act, is amended by 
                      adding at the end the following new subparagraph:
                    ``(B) References.--Any reference in this paragraph 
                to section 1400F shall be treated as reference to such 
                section before its repeal.''.
                          (v) Section 1397B(b)(5) is amended by striking 
                      ``which is sold--'' and all that follows and 
                      inserting ``which is sold, the taxpayer's holding 
                      period for such asset and the asset referred to in 
                      subsection (a)(1) shall be determined without 
                      regard to section 1223.''.
                    (C) <<NOTE: 26 USC 1400F note.>>  Savings 
                provisions.--The amendments made by this paragraph shall 
                not apply to--
                          (i) in the case of the repeal of section 1400F 
                      of the Internal Revenue Code of 1986, qualified 
                      community assets (as defined in such section, as 
                      in effect before its repeal) which were acquired 
                      by the taxpayer before January 1, 2010,
                          (ii) in the case of the repeal section 1400H 
                      of such Code, wages paid or incurred before 
                      January 1, 2010,
                          (iii) in the case of the repeal of section 
                      1400I of such Code, qualified revitalization 
                      buildings (as defined in such section, as in 
                      effect before its repeal) which were placed in 
                      service before January 1, 2010, and
                          (iv) in the case of the repeal of section 
                      1400J of such Code, property acquired before 
                      January 1, 2010.

[[Page 132 STAT. 1211]]

            (6) Short-term regional benefits.--
                    (A) In general.--Chapter 1 <<NOTE: 26 USC 1 prec.>>  
                is amended by striking subchapter Y (and by striking the 
                item relating to such subchapter in the table of 
                subchapters for such chapter).
                    (B) Conforming amendments.--
                          (i) Section 38(b), as amended by the preceding 
                      provisions of this Act <<NOTE: 26 USC 38.>> , is 
                      amended by striking paragraphs (26), (27), (28), 
                      and (29) and by redesignating paragraphs (30) 
                      through (36) as paragraphs (26) through (32), 
                      respectively.
                          (ii) Section 38(c)(2)(A)(ii)(II), as amended 
                      by the preceding provisions of this Act, is 
                      amended by striking ``, the New York Liberty Zone 
                      business employee credit,''.
                          (iii) Section 38(c) is amended by striking 
                      paragraph (3).
                          (iv) Section 280C(a), as amended by the 
                      preceding provisions of this Act, is amended by 
                      striking ``1396(a), 1400P(b), and 1400R'' and 
                      inserting ``and 1396(a)''.
                          (v) Section 6033(b)(14) is amended by striking 
                      ``including the amount and use of qualified 
                      contributions to which section 1400S(a) 
                      applies,''.
                          (vi) Section 6049(d)(8)(A) is amended--
                                    (I) by striking ``or 1400N(l)(6)'', 
                                and
                                    (II) by striking ``or 
                                1400N(l)(2)(D), as the case may be''.
                    (C) <<NOTE: 26 USC 1400L note.>>  Savings 
                provisions.--The amendments made by this paragraph shall 
                not apply to--
                          (i) in the case of the repeal of section 
                      1400L(a) of the Internal Revenue Code of 1986, 
                      qualified wages (as defined in such section, as in 
                      effect before its repeal) which were paid or 
                      incurred before January 1, 2004,
                          (ii) in the case of the repeal of subsections 
                      (b) and (f) of section 1400L of such Code, 
                      qualified New York Liberty Zone property (as 
                      defined in section 1400L(b) of such Code, as in 
                      effect before its repeal) placed in service before 
                      January 1, 2010,
                          (iii) in the case of the repeal of section 
                      1400L(c) of such Code, qualified New York Liberty 
                      Zone leasehold improvement property (as defined in 
                      such section, as in effect before its repeal) 
                      placed in service before January 1, 2007,
                          (iv) in the case of the repeal of section 
                      1400L(d) of such Code, qualified New York Liberty 
                      bonds (as defined in such section, as in effect 
                      before its repeal) issued before January 1, 2014,
                          (v) in the case of the repeal of section 
                      1400L(e) of such Code, advanced refundings before 
                      January 1, 2006,
                          (vi) in the case of the repeal of section 
                      1400L(g) of such Code, property which is 
                      compulsorily or involuntarily converted as a 
                      result of the terrorist attacks on September 11, 
                      2001,
                          (vii) in the case of the repeal of section 
                      1400N(a) of such Code, obligations issued before 
                      January 1, 2012,

[[Page 132 STAT. 1212]]

                          (viii) in the case of the repeal of section 
                      1400N(b) of such Code, advanced refundings before 
                      January 1, 2011,
                          (ix) in the case of the repeal of section 
                      1400N(d) of such Code, property placed in service 
                      before January 1, 2012,
                          (x) in the case of the repeal of section 
                      1400N(e) of such Code, property placed in service 
                      before January 1, 2009,
                          (xi) in the case of the repeal of subsections 
                      (f) and (g) of section 1400N of such Code, amounts 
                      paid or incurred before January 1, 2008,
                          (xii) in the case of the repeal of section 
                      1400N(h) of such Code, amounts paid or incurred 
                      before January 1, 2012,
                          (xiii) in the case of the repeal of section 
                      1400N(k)(1)(B) of such Code, losses arising in 
                      taxable years beginning before January 1, 2008,
                          (xiv) in the case of the repeal of section 
                      1400N(l) of such Code, bonds issued before January 
                      1, 2007,
                          (xv) in the case of the repeal of section 
                      1400Q(a) of such Code, distributions before 
                      January 1, 2007,
                          (xvi) in the case of the repeal of section 
                      1400Q(b) of such Code, contributions before March 
                      1, 2006,
                          (xvii) in the case of the repeal of section 
                      1400Q(c) of such Code, loans made before January 
                      1, 2007,
                          (xviii) in the case of the repeal of section 
                      1400R of such Code, wages paid or incurred before 
                      January 1, 2006,
                          (xix) in the case of the repeal of section 
                      1400S(a) of such Code, contributions paid before 
                      January 1, 2006,
                          (xx) in the case of the repeal of section 
                      1400T of such Code, financing provided before 
                      January 1, 2011, and
                          (xxi) in the case of the repeal of part III of 
                      subchapter Y of chapter 1 of such Code, 
                      obligations issued before January 1, 2011.
            (7) Provisions related to cobra premium assistance.--
                    (A) In general.--Subchapter B of chapter 
                65 <<NOTE: 26 USC 6411 prec.>>  is amended by striking 
                section 6432 (and by striking the item relating to such 
                section in the table of sections for such subchapter).
                    (B) Notification requirement.--Part I of subchapter 
                B of chapter 68 <<NOTE: 26 USC 6671 prec.>>  is amended 
                by striking section 6720C (and by striking the item 
                relating to such section in the table of sections for 
                such part).
                    (C) Exclusion from gross income.--Part III of 
                subchapter B of chapter 1 <<NOTE: 26 USC 101 prec.>>  is 
                amended by striking section 139C (and by striking the 
                item relating to such section in the table of sections 
                for such part).
            (8) Effective date of presidential election campaign fund.--
        Chapter 95 <<NOTE: 26 USC 9001 prec.>>  is amended by striking 
        section 9013 (and by striking the item relating to such section 
        in the table of sections for such chapter).

    (e) <<NOTE: 26 USC 23 note.>>  General Savings Provision With 
Respect to Deadwood Provisions.--If--

[[Page 132 STAT. 1213]]

            (1) any provision amended or repealed by the amendments made 
        by subsection (b) or (d) applied to--
                    (A) any transaction occurring before the date of the 
                enactment of this Act,
                    (B) any property acquired before such date of 
                enactment, or
                    (C) any item of income, loss, deduction, or credit 
                taken into account before such date of enactment, and
            (2) the treatment of such transaction, property, or item 
        under such provision would (without regard to the amendments or 
        repeals made by such subsection) affect the liability for tax 
        for periods ending after such date of enactment,

nothing in the amendments or repeals made by this section shall be 
construed to affect the treatment of such transaction, property, or item 
for purposes of determining liability for tax for periods ending after 
such date of enactment.

DIVISION V-- <<NOTE: Clarifying Lawful Overseas Use of Data Act.>> CLOUD 
ACT

SEC. 101 <<NOTE: 18 USC 1 note.>> . SHORT TITLE.

    This division may be cited as the ``Clarifying Lawful Overseas Use 
of Data Act'' or the ``CLOUD Act''.

SEC. 102 <<NOTE: 18 USC 2523 note.>> . CONGRESSIONAL FINDINGS.

    Congress finds the following:
            (1) Timely access to electronic data held by communications-
        service providers is an essential component of government 
        efforts to protect public safety and combat serious crime, 
        including terrorism.
            (2) Such efforts by the United States Government are being 
        impeded by the inability to access data stored outside the 
        United States that is in the custody, control, or possession of 
        communications-service providers that are subject to 
        jurisdiction of the United States.
            (3) Foreign governments also increasingly seek access to 
        electronic data held by communications-service providers in the 
        United States for the purpose of combating serious crime.
            (4) Communications-service providers face potential 
        conflicting legal obligations when a foreign government orders 
        production of electronic data that United States law may 
        prohibit providers from disclosing.
            (5) Foreign law may create similarly conflicting legal 
        obligations when chapter 121 of title 18, United States Code 
        (commonly known as the `` Stored Communications Act''), requires 
        disclosure of electronic data that foreign law prohibits 
        communications-service providers from disclosing.
            (6) International agreements provide a mechanism for 
        resolving these potential conflicting legal obligations where 
        the United States and the relevant foreign government share a 
        common commitment to the rule of law and the protection of 
        privacy and civil liberties.

SEC. 103. PRESERVATION OF RECORDS; COMITY ANALYSIS OF LEGAL PROCESS.

    (a) Required Preservation and Disclosure of Communications and 
Records.--

[[Page 132 STAT. 1214]]

            (1) Amendment.--Chapter 121 of title 18, United States Code, 
        is amended by adding at the end the following:

``Sec. 2713 <<NOTE: 18 USC 2713.>> . Required preservation and 
                        disclosure of communications and records

    ``A provider of electronic communication service or remote computing 
service shall comply with the obligations of this chapter to preserve, 
backup, or disclose the contents of a wire or electronic communication 
and any record or other information pertaining to a customer or 
subscriber within such provider's possession, custody, or control, 
regardless of whether such communication, record, or other information 
is located within or outside of the United States.''.
            (2) Table of sections.--The table of sections for chapter 
        121 of title 18, United States Code <<NOTE: 18 USC 2701 
        prec.>> , is amended by inserting after the item relating to 
        section 2712 the following:

``2713. Required preservation and disclosure of communications and 
           records.''.

    (b) Comity Analysis of Legal Process Seeking Contents of Wire or 
Electronic Communication.--Section 2703 of title 18, United States Code, 
is amended by adding at the end the following:
    ``(h) Comity Analysis and Disclosure of Information Regarding Legal 
Process Seeking Contents of Wire or Electronic Communication.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `qualifying foreign government' means 
                a foreign government--
                          ``(i) with which the United States has an 
                      executive agreement that has entered into force 
                      under section 2523; and
                          ``(ii) the laws of which provide to electronic 
                      communication service providers and remote 
                      computing service providers substantive and 
                      procedural opportunities similar to those provided 
                      under paragraphs (2) and (5); and
                    ``(B) the term `United States person' has the 
                meaning given the term in section 2523.
            ``(2) Motions to quash or modify.--(A) A provider of 
        electronic communication service to the public or remote 
        computing service, including a foreign electronic communication 
        service or remote computing service, that is being required to 
        disclose pursuant to legal process issued under this section the 
        contents of a wire or electronic communication of a subscriber 
        or customer, may file a motion to modify or quash the legal 
        process where the provider reasonably believes--
                    ``(i) that the customer or subscriber is not a 
                United States person and does not reside in the United 
                States; and
                    ``(ii) that the required disclosure would create a 
                material risk that the provider would violate the laws 
                of a qualifying foreign government.
                Such a motion shall be filed not later than 14 days 
                after the date on which the provider was served with the 
                legal process, absent agreement with the government or 
                permission from the court to extend the deadline based 
                on an application made within the 14 days. The right to 
                move to quash is without prejudice to any other grounds 
                to

[[Page 132 STAT. 1215]]

                move to quash or defenses thereto, but it shall be the 
                sole basis for moving to quash on the grounds of a 
                conflict of law related to a qualifying foreign 
                government.
            ``(B) Upon receipt of a motion filed pursuant to 
        subparagraph (A), the court shall afford the governmental entity 
        that applied for or issued the legal process under this section 
        the opportunity to respond. The court may modify or quash the 
        legal process, as appropriate, only if the court finds that--
                    ``(i) the required disclosure would cause the 
                provider to violate the laws of a qualifying foreign 
                government;
                    ``(ii) based on the totality of the circumstances, 
                the interests of justice dictate that the legal process 
                should be modified or quashed; and
                    ``(iii) the customer or subscriber is not a United 
                States person and does not reside in the United States.
            ``(3) Comity analysis.--For purposes of making a 
        determination under paragraph (2)(B)(ii), the court shall take 
        into account, as appropriate--
                    ``(A) the interests of the United States, including 
                the investigative interests of the governmental entity 
                seeking to require the disclosure;
                    ``(B) the interests of the qualifying foreign 
                government in preventing any prohibited disclosure;
                    ``(C) the likelihood, extent, and nature of 
                penalties to the provider or any employees of the 
                provider as a result of inconsistent legal requirements 
                imposed on the provider;
                    ``(D) the location and nationality of the subscriber 
                or customer whose communications are being sought, if 
                known, and the nature and extent of the subscriber or 
                customer's connection to the United States, or if the 
                legal process has been sought on behalf of a foreign 
                authority pursuant to section 3512, the nature and 
                extent of the subscriber or customer's connection to the 
                foreign authority's country;
                    ``(E) the nature and extent of the provider's ties 
                to and presence in the United States;
                    ``(F) the importance to the investigation of the 
                information required to be disclosed;
                    ``(G) the likelihood of timely and effective access 
                to the information required to be disclosed through 
                means that would cause less serious negative 
                consequences; and
                    ``(H) if the legal process has been sought on behalf 
                of a foreign authority pursuant to section 3512, the 
                investigative interests of the foreign authority making 
                the request for assistance.
            ``(4) Disclosure obligations during pendency of challenge.--
        A service provider shall preserve, but not be obligated to 
        produce, information sought during the pendency of a motion 
        brought under this subsection, unless the court finds that 
        immediate production is necessary to prevent an adverse result 
        identified in section 2705(a)(2).
            ``(5) Disclosure to qualifying foreign government.--(A) It 
        shall not constitute a violation of a protective order issued 
        under section 2705 for a provider of electronic communication 
        service to the public or remote computing service to disclose to 
        the entity within a qualifying foreign government,

[[Page 132 STAT. 1216]]

        designated in an executive agreement under section 2523, the 
        fact of the existence of legal process issued under this section 
        seeking the contents of a wire or electronic communication of a 
        customer or subscriber who is a national or resident of the 
        qualifying foreign government.
            ``(B) Nothing in this paragraph shall be construed to modify 
        or otherwise affect any other authority to make a motion to 
        modify or quash a protective order issued under section 2705.''.

    (c) <<NOTE: 18 USC 2703 note.>>  Rule of Construction.--Nothing in 
this section, or an amendment made by this section, shall be construed 
to modify or otherwise affect the common law standards governing the 
availability or application of comity analysis to other types of 
compulsory process or to instances of compulsory process issued under 
section 2703 of title 18, United States Code, as amended by this 
section, and not covered under subsection (h)(2) of such section 2703.

SEC. 104. ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS LAWS.

    Title 18, United States Code, is amended--
            (1) in chapter 119--
                    (A) in section 2511(2), by adding at the end the 
                following:

    ``(j) It shall not be unlawful under this chapter for a provider of 
electronic communication service to the public or remote computing 
service to intercept or disclose the contents of a wire or electronic 
communication in response to an order from a foreign government that is 
subject to an executive agreement that the Attorney General has 
determined and certified to Congress satisfies section 2523.''; and
                    (B) in section 2520(d), by amending paragraph (3) to 
                read as follows:
            ``(3) a good faith determination that section 2511(3), 
        2511(2)(i), or 2511(2)(j) of this title permitted the conduct 
        complained of;'';
            (2) in chapter 121--
                    (A) in section 2702--
                          (i) in subsection (b)--
                                    (I) in paragraph (8), by striking 
                                the period at the end and inserting ``; 
                                or''; and
                                    (II) by adding at the end the 
                                following:
            ``(9) to a foreign government pursuant to an order from a 
        foreign government that is subject to an executive agreement 
        that the Attorney General has determined and certified to 
        Congress satisfies section 2523.''; and
                          (ii) in subsection (c)--
                                    (I) in paragraph (5), by striking 
                                ``or'' at the end;
                                    (II) in paragraph (6), by striking 
                                the period at the end and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following:
            ``(7) to a foreign government pursuant to an order from a 
        foreign government that is subject to an executive agreement 
        that the Attorney General has determined and certified to 
        Congress satisfies section 2523.''; and
                    (B) in section 2707(e), by amending paragraph (3) to 
                read as follows:

[[Page 132 STAT. 1217]]

            ``(3) a good faith determination that section 2511(3), 
        section 2702(b)(9), or section 2702(c)(7) of this title 
        permitted the conduct complained of;''; and
            (3) in chapter 206--
                    (A) in section 3121(a), by inserting before the 
                period at the end the following: ``or an order from a 
                foreign government that is subject to an executive 
                agreement that the Attorney General has determined and 
                certified to Congress satisfies section 2523''; and
                    (B) in section 3124--
                          (i) by amending subsection (d) to read as 
                      follows:

    ``(d) No Cause of Action Against a Provider Disclosing Information 
Under This Chapter.--No cause of action shall lie in any court against 
any provider of a wire or electronic communication service, its 
officers, employees, agents, or other specified persons for providing 
information, facilities, or assistance in accordance with a court order 
under this chapter, request pursuant to section 3125 of this title, or 
an order from a foreign government that is subject to an executive 
agreement that the Attorney General has determined and certified to 
Congress satisfies section 2523.''; and
                          (ii) by amending subsection (e) to read as 
                      follows:

    ``(e) Defense.--A good faith reliance on a court order under this 
chapter, a request pursuant to section 3125 of this title, a legislative 
authorization, a statutory authorization, or a good faith determination 
that the conduct complained of was permitted by an order from a foreign 
government that is subject to executive agreement that the Attorney 
General has determined and certified to Congress satisfies section 2523, 
is a complete defense against any civil or criminal action brought under 
this chapter or any other law.''.

SEC. 105. EXECUTIVE AGREEMENTS ON ACCESS TO DATA BY FOREIGN GOVERNMENTS.

    (a) In General.--Chapter 119 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 2523 <<NOTE: 18 USC 2523.>> . Executive agreements on access to 
                        data by foreign governments

    ``(a) Definitions.--In this section--
            ``(1) the term `lawfully admitted for permanent residence' 
        has the meaning given the term in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)); and
            ``(2) the term `United States person' means a citizen or 
        national of the United States, an alien lawfully admitted for 
        permanent residence, an unincorporated association a substantial 
        number of members of which are citizens of the United States or 
        aliens lawfully admitted for permanent residence, or a 
        corporation that is incorporated in the United States.

    ``(b) Executive Agreement Requirements.--For purposes of this 
chapter, chapter 121, and chapter 206, an executive agreement governing 
access by a foreign government to data subject to this chapter, chapter 
121, or chapter 206 shall be considered to satisfy the requirements of 
this section if the Attorney General, with the concurrence of the 
Secretary of State, determines, and submits a written certification of 
such determination to Congress, including

[[Page 132 STAT. 1218]]

a written certification and explanation of each consideration in 
paragraphs (1), (2), (3), and (4), that--
            ``(1) the domestic law of the foreign government, including 
        the implementation of that law, affords robust substantive and 
        procedural protections for privacy and civil liberties in light 
        of the data collection and activities of the foreign government 
        that will be subject to the agreement, if--
                    ``(A) such a determination under this section takes 
                into account, as appropriate, credible information and 
                expert input; and
                    ``(B) the factors to be met in making such a 
                determination include whether the foreign government--
                          ``(i) has adequate substantive and procedural 
                      laws on cybercrime and electronic evidence, as 
                      demonstrated by being a party to the Convention on 
                      Cybercrime, done at Budapest November 23, 2001, 
                      and entered into force January 7, 2004, or through 
                      domestic laws that are consistent with definitions 
                      and the requirements set forth in chapters I and 
                      II of that Convention;
                          ``(ii) demonstrates respect for the rule of 
                      law and principles of nondiscrimination;
                          ``(iii) adheres to applicable international 
                      human rights obligations and commitments or 
                      demonstrates respect for international universal 
                      human rights, including--
                                    ``(I) protection from arbitrary and 
                                unlawful interference with privacy;
                                    ``(II) fair trial rights;
                                    ``(III) freedom of expression, 
                                association, and peaceful assembly;
                                    ``(IV) prohibitions on arbitrary 
                                arrest and detention; and
                                    ``(V) prohibitions against torture 
                                and cruel, inhuman, or degrading 
                                treatment or punishment;
                          ``(iv) has clear legal mandates and procedures 
                      governing those entities of the foreign government 
                      that are authorized to seek data under the 
                      executive agreement, including procedures through 
                      which those authorities collect, retain, use, and 
                      share data, and effective oversight of these 
                      activities;
                          ``(v) has sufficient mechanisms to provide 
                      accountability and appropriate transparency 
                      regarding the collection and use of electronic 
                      data by the foreign government; and
                          ``(vi) demonstrates a commitment to promote 
                      and protect the global free flow of information 
                      and the open, distributed, and interconnected 
                      nature of the Internet;
            ``(2) the foreign government has adopted appropriate 
        procedures to minimize the acquisition, retention, and 
        dissemination of information concerning United States persons 
        subject to the agreement;
            ``(3) the terms of the agreement shall not create any 
        obligation that providers be capable of decrypting data or 
        limitation that prevents providers from decrypting data; and
            ``(4) the agreement requires that, with respect to any order 
        that is subject to the agreement--

[[Page 132 STAT. 1219]]

                    ``(A) the foreign government may not intentionally 
                target a United States person or a person located in the 
                United States, and shall adopt targeting procedures 
                designed to meet this requirement;
                    ``(B) the foreign government may not target a non-
                United States person located outside the United States 
                if the purpose is to obtain information concerning a 
                United States person or a person located in the United 
                States;
                    ``(C) the foreign government may not issue an order 
                at the request of or to obtain information to provide to 
                the United States Government or a third-party 
                government, nor shall the foreign government be required 
                to share any information produced with the United States 
                Government or a third-party government;
                    ``(D) an order issued by the foreign government--
                          ``(i) shall be for the purpose of obtaining 
                      information relating to the prevention, detection, 
                      investigation, or prosecution of serious crime, 
                      including terrorism;
                          ``(ii) shall identify a specific person, 
                      account, address, or personal device, or any other 
                      specific identifier as the object of the order;
                          ``(iii) shall be in compliance with the 
                      domestic law of that country, and any obligation 
                      for a provider of an electronic communications 
                      service or a remote computing service to produce 
                      data shall derive solely from that law;
                          ``(iv) shall be based on requirements for a 
                      reasonable justification based on articulable and 
                      credible facts, particularity, legality, and 
                      severity regarding the conduct under 
                      investigation;
                          ``(v) shall be subject to review or oversight 
                      by a court, judge, magistrate, or other 
                      independent authority prior to, or in proceedings 
                      regarding, enforcement of the order; and
                          ``(vi) in the case of an order for the 
                      interception of wire or electronic communications, 
                      and any extensions thereof, shall require that the 
                      interception order--
                                    ``(I) be for a fixed, limited 
                                duration; and
                                    ``(II) may not last longer than is 
                                reasonably necessary to accomplish the 
                                approved purposes of the order; and
                                    ``(III) be issued only if the same 
                                information could not reasonably be 
                                obtained by another less intrusive 
                                method;
                    ``(E) an order issued by the foreign government may 
                not be used to infringe freedom of speech;
                    ``(F) the foreign government shall promptly review 
                material collected pursuant to the agreement and store 
                any unreviewed communications on a secure system 
                accessible only to those persons trained in applicable 
                procedures;
                    ``(G) the foreign government shall, using procedures 
                that, to the maximum extent possible, meet the 
                definition of minimization procedures in section 101 of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801), segregate, seal, or delete, and not 
                disseminate material found not to be information that 
                is, or is necessary to understand

[[Page 132 STAT. 1220]]

                or assess the importance of information that is, 
                relevant to the prevention, detection, investigation, or 
                prosecution of serious crime, including terrorism, or 
                necessary to protect against a threat of death or 
                serious bodily harm to any person;
                    ``(H) the foreign government may not disseminate the 
                content of a communication of a United States person to 
                United States authorities unless the communication may 
                be disseminated pursuant to subparagraph (G) and relates 
                to significant harm, or the threat thereof, to the 
                United States or United States persons, including crimes 
                involving national security such as terrorism, 
                significant violent crime, child exploitation, 
                transnational organized crime, or significant financial 
                fraud;
                    ``(I) the foreign government shall afford reciprocal 
                rights of data access, to include, where applicable, 
                removing restrictions on communications service 
                providers, including providers subject to United States 
                jurisdiction, and thereby allow them to respond to valid 
                legal process sought by a governmental entity (as 
                defined in section 2711) if foreign law would otherwise 
                prohibit communications-service providers from 
                disclosing the data;
                    ``(J) the foreign government shall agree to periodic 
                review of compliance by the foreign government with the 
                terms of the agreement to be conducted by the United 
                States Government; and
                    ``(K) the United States Government shall reserve the 
                right to render the agreement inapplicable as to any 
                order for which the United States Government concludes 
                the agreement may not properly be invoked.

    ``(c) Limitation on Judicial Review.--A determination or 
certification made by the Attorney General under subsection (b) shall 
not be subject to judicial or administrative review.
    ``(d) Effective Date of Certification.--
            ``(1) Notice.--Not later than 7 days after the date on which 
        the Attorney General certifies an executive agreement under 
        subsection (b), the Attorney General shall provide notice of the 
        determination under subsection (b) and a copy of the executive 
        agreement to Congress, including--
                    ``(A) the Committee on the Judiciary and the 
                Committee on Foreign Relations of the Senate; and
                    ``(B) the Committee on the Judiciary and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            ``(2) Entry into force.--An executive agreement that is 
        determined and certified by the Attorney General to satisfy the 
        requirements of this section shall enter into force not earlier 
        than the date that is 180 days after the date on which notice is 
        provided under paragraph (1), unless Congress enacts a joint 
        resolution of disapproval in accordance with paragraph (4).
            ``(3) Requests for information.--Upon request by the 
        Chairman or Ranking Member of a congressional committee 
        described in paragraph (1), the head of an agency shall promptly 
        furnish a summary of factors considered in determining that the 
        foreign government satisfies the requirements of this section.
            ``(4) Congressional review.--

[[Page 132 STAT. 1221]]

                    ``(A) Joint resolution defined.--In this paragraph, 
                the term `joint resolution' means only a joint 
                resolution--
                          ``(i) introduced during the 180-day period 
                      described in paragraph (2);
                          ``(ii) which does not have a preamble;
                          ``(iii) the title of which is as follows: 
                      `Joint resolution disapproving the executive 
                      agreement signed by the United States and __.', 
                      the blank space being appropriately filled in; and
                          ``(iv) the matter after the resolving clause 
                      of which is as follows: `That Congress disapproves 
                      the executive agreement governing access by ___ to 
                      certain electronic data as submitted by the 
                      Attorney General on ___', the blank spaces being 
                      appropriately filled in.
                    ``(B) Joint resolution enacted.--Notwithstanding any 
                other provision of this section, if not later than 180 
                days after the date on which notice is provided to 
                Congress under paragraph (1), there is enacted into law 
                a joint resolution disapproving of an executive 
                agreement under this section, the executive agreement 
                shall not enter into force.
                    ``(C) Introduction.--During the 180-day period 
                described in subparagraph (B), a joint resolution of 
                disapproval may be introduced--
                          ``(i) in the House of Representatives, by the 
                      majority leader or the minority leader; and
                          ``(ii) in the Senate, by the majority leader 
                      (or the majority leader's designee) or the 
                      minority leader (or the minority leader's 
                      designee).
            ``(5) Floor consideration in house of representatives.--If a 
        committee of the House of Representatives to which a joint 
        resolution of disapproval has been referred has not reported the 
        joint resolution within 120 days after the date of referral, 
        that committee shall be discharged from further consideration of 
        the joint resolution.
            ``(6) Consideration in the senate.--
                    ``(A) Committee referral.--A joint resolution of 
                disapproval introduced in the Senate shall be referred 
                jointly--
                          ``(i) to the Committee on the Judiciary; and
                          ``(ii) to the Committee on Foreign Relations.
                    ``(B) Reporting and discharge.--If a committee to 
                which a joint resolution of disapproval was referred has 
                not reported the joint resolution within 120 days after 
                the date of referral of the joint resolution, that 
                committee shall be discharged from further consideration 
                of the joint resolution and the joint resolution shall 
                be placed on the appropriate calendar.
                    ``(C) Proceeding to consideration.--It is in order 
                at any time after both the Committee on the Judiciary 
                and the Committee on Foreign Relations report a joint 
                resolution of disapproval to the Senate or have been 
                discharged from consideration of such a joint resolution 
                (even though a previous motion to the same effect has 
                been disagreed to) to move to proceed to the 
                consideration of the joint resolution, and all points of 
                order against the

[[Page 132 STAT. 1222]]

                joint resolution (and against consideration of the joint 
                resolution) are waived. The motion is not debatable or 
                subject to a motion to postpone. A motion to reconsider 
                the vote by which the motion is agreed to or disagreed 
                to shall not be in order.
                    ``(D) Consideration in the senate.--In the Senate, 
                consideration of the joint resolution, and on all 
                debatable motions and appeals in connection therewith, 
                shall be limited to not more than 10 hours, which shall 
                be divided equally between those favoring and those 
                opposing the joint resolution. A motion further to limit 
                debate is in order and not debatable. An amendment to, 
                or a motion to postpone, or a motion to proceed to the 
                consideration of other business, or a motion to recommit 
                the joint resolution is not in order.
                    ``(E) Consideration of veto messages.--Debate in the 
                Senate of any veto message with respect to a joint 
                resolution of disapproval, including all debatable 
                motions and appeals in connection with the joint 
                resolution, shall be limited to 10 hours, to be equally 
                divided between, and controlled by, the majority leader 
                and the minority leader or their designees.
            ``(7) Rules relating to senate and house of 
        representatives.--
                    ``(A) Treatment of senate joint resolution in 
                house.--In the House of Representatives, the following 
                procedures shall apply to a joint resolution of 
                disapproval received from the Senate (unless the House 
                has already passed a joint resolution relating to the 
                same proposed action):
                          ``(i) The joint resolution shall be referred 
                      to the appropriate committees.
                          ``(ii) If a committee to which a joint 
                      resolution has been referred has not reported the 
                      joint resolution within 7 days after the date of 
                      referral, that committee shall be discharged from 
                      further consideration of the joint resolution.
                          ``(iii) Beginning on the third legislative day 
                      after each committee to which a joint resolution 
                      has been referred reports the joint resolution to 
                      the House or has been discharged from further 
                      consideration thereof, it shall be in order to 
                      move to proceed to consider the joint resolution 
                      in the House. All points of order against the 
                      motion are waived. Such a motion shall not be in 
                      order after the House has disposed of a motion to 
                      proceed on the joint resolution. The previous 
                      question shall be considered as ordered on the 
                      motion to its adoption without intervening motion. 
                      The motion shall not be debatable. A motion to 
                      reconsider the vote by which the motion is 
                      disposed of shall not be in order.
                          ``(iv) The joint resolution shall be 
                      considered as read. All points of order against 
                      the joint resolution and against its consideration 
                      are waived. The previous question shall be 
                      considered as ordered on the joint resolution to 
                      final passage without intervening motion except 2 
                      hours of debate equally divided and controlled

[[Page 132 STAT. 1223]]

                      by the sponsor of the joint resolution (or a 
                      designee) and an opponent. A motion to reconsider 
                      the vote on passage of the joint resolution shall 
                      not be in order.
                    ``(B) Treatment of house joint resolution in 
                senate.--
                          ``(i) If, before the passage by the Senate of 
                      a joint resolution of disapproval, the Senate 
                      receives an identical joint resolution from the 
                      House of Representatives, the following procedures 
                      shall apply:
                                    ``(I) That joint resolution shall 
                                not be referred to a committee.
                                    ``(II) With respect to that joint 
                                resolution--
                                            ``(aa) the procedure in the 
                                        Senate shall be the same as if 
                                        no joint resolution had been 
                                        received from the House of 
                                        Representatives; but
                                            ``(bb) the vote on passage 
                                        shall be on the joint resolution 
                                        from the House of 
                                        Representatives.
                          ``(ii) If, following passage of a joint 
                      resolution of disapproval in the Senate, the 
                      Senate receives an identical joint resolution from 
                      the House of Representatives, that joint 
                      resolution shall be placed on the appropriate 
                      Senate calendar.
                          ``(iii) If a joint resolution of disapproval 
                      is received from the House, and no companion joint 
                      resolution has been introduced in the Senate, the 
                      Senate procedures under this subsection shall 
                      apply to the House joint resolution.
                    ``(C) Application to revenue measures.--The 
                provisions of this paragraph shall not apply in the 
                House of Representatives to a joint resolution of 
                disapproval that is a revenue measure.
            ``(8) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives, respectively, 
                and as such is deemed a part of the rules of each House, 
                respectively, and supersedes other rules only to the 
                extent that it is inconsistent with such rules; and
                    ``(B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, in 
                the same manner, and to the same extent as in the case 
                of any other rule of that House.

    ``(e) Renewal of Determination.--
            ``(1) In general.--The Attorney General, with the 
        concurrence of the Secretary of State, shall review and may 
        renew a determination under subsection (b) every 5 years.
            ``(2) Report.--Upon renewing a determination under 
        subsection (b), the Attorney General shall file a report with 
        the Committee on the Judiciary and the Committee on Foreign 
        Relations of the Senate and the Committee on the Judiciary and 
        the Committee on Foreign Affairs of the House of Representatives 
        describing--
                    ``(A) the reasons for the renewal;

[[Page 132 STAT. 1224]]

                    ``(B) any substantive changes to the agreement or to 
                the relevant laws or procedures of the foreign 
                government since the original determination or, in the 
                case of a second or subsequent renewal, since the last 
                renewal; and
                    ``(C) how the agreement has been implemented and 
                what problems or controversies, if any, have arisen as a 
                result of the agreement or its implementation.
            ``(3) Nonrenewal.--If a determination is not renewed under 
        paragraph (1), the agreement shall no longer be considered to 
        satisfy the requirements of this section.

    ``(f) Revisions to Agreement.--A revision to an agreement under this 
section shall be treated as a new agreement for purposes of this section 
and shall be subject to the certification requirement under subsection 
(b), and to the procedures under subsection (d), except that for 
purposes of a revision to an agreement--
            ``(1) the applicable time period under paragraphs (2), 
        (4)(A)(i), (4)(B), and (4)(C) of subsection (d) shall be 90 days 
        after the date notice is provided under subsection (d)(1); and
            ``(2) the applicable time period under paragraphs (5) and 
        (6)(B) of subsection (d) shall be 60 days after the date notice 
        is provided under subsection (d)(1).

    ``(g) Publication.--Any determination or certification under 
subsection (b) regarding an executive agreement under this section, 
including any termination or renewal of such an agreement, shall be 
published in the Federal Register as soon as is reasonably practicable.
    ``(h) Minimization Procedures.--A United States authority that 
receives the content of a communication described in subsection 
(b)(4)(H) from a foreign government in accordance with an executive 
agreement under this section shall use procedures that, to the maximum 
extent possible, meet the definition of minimization procedures in 
section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801) to appropriately protect nonpublicly available information 
concerning United States persons.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
119 of title 18, United States Code <<NOTE: 18 USC 2510 prec.>> , is 
amended by inserting after the item relating to section 2522 the 
following:

``2523. Executive agreements on access to data by foreign 
           governments.''.

SEC <<NOTE: 18 USC 2520 note.>> . 106. RULE OF CONSTRUCTION.

    Nothing in this division, or the amendments made by this division, 
shall be construed to preclude any foreign authority from obtaining 
assistance in a criminal investigation or prosecution pursuant to 
section 3512 of title 18, United States Code, section

[[Page 132 STAT. 1225]]

1782 of title 28, United States Code, or as otherwise provided by law.

    Approved March 23, 2018.

LEGISLATIVE HISTORY--H.R. 1625:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    May 22, considered and passed House.
                                                        Vol. 164 (2018):
                                    Feb. 28, considered and passed 
                                        Senate, amended.
                                    Mar. 22, House concurred in Senate 
                                        amendment with an amendment. 
                                        Senate concurred in House 
                                        amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
            Mar. 23, Presidential remarks.
---------------------------------------------------------------------------

__________

    ENDNOTE: The following appendixes were added pursuant to the 
provisions of section 121 of Division G of this Act (132 Stat. 661).

                                  <all>
```