PUBLIC LAW 115–141—MAR. 23, 2018 

CONSOLIDATED APPROPRIATIONS ACT, 2018 


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132 STAT. 348 PUBLIC LAW 115–141—MAR. 23, 2018 

Public Law 115–141 

115th Congress 

An Act 

To amend the State Department Basic Authorities Act of 1956 to include severe 

forms of trafficking in persons within the definition of transnational organized 

crime for purposes of the rewards program of the Department of State, and 

for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated Appropriations 

Act, 2018’’. 

SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

Sec. 5. Statement of appropriations. 

Sec. 6. Availability of funds. 

Sec. 7. Adjustments to compensation. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 

Title I—Agricultural Programs 

Title II—Farm Production and Conservation Programs 

Title III—Rural Development Programs 

Title IV—Domestic Food Programs 

Title V—Foreign Assistance and Related Programs 

Title VI—Related Agencies and Food and Drug Administration 

Title VII—General Provisions 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2018 

Title I—Department of Commerce 

Title II—Department of Justice 

Title III—Science 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related Agencies 

Title VIII—General Provisions 

Title IX—Overseas Contingency Operations 

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2018 

Title I—Corps of Engineers—Civil 

Consolidated 

Appropriations 

Act, 2018. 

Mar. 23, 2018 

[H.R. 1625] 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 350 PUBLIC LAW 115–141—MAR. 23, 2018 

DIVISION M—EXTENSIONS 

Title I—Airport and Airway Extension 

Title II—Immigration Extensions 

Title III—National Flood Insurance Program Extension 

Title IV—Pesticide Registration Improvement Act Extension 

Title V—Generalized System of Preferences 

Title VI—Judicial Redaction Authority Extension 

Title VII—Budgetary Effects 

DIVISION N—BUILD ACT 

DIVISION O—WILDFIRE SUPPRESSION FUNDING AND FOREST 

MANAGEMENT ACTIVITIES ACT 

DIVISION P—RAY BAUM’S ACT OF 2018 

DIVISION Q—KEVIN AND AVONTE’S LAW 

DIVISION R—TARGET ACT 

DIVISION S—OTHER MATTER 

Title I—Child Protection Improvements Act 

Title II—Save America’s Pastime Act 

Title III—Keep Young Athletes Safe Act 

Title IV—Consent of Congress to Amendments to the Constitution of the State of 

Arizona 

Title V—Stop School Violence Act 

Title VI—Fix NICS Act 

Title VII—State Sexual Risk Avoidance Education Program 

Title VIII—Small Business Credit Availability Act 

Title IX—Small Business Access to Capital After a Natural Disaster Act 

Title X—Taylor Force Act 

Title XI—FARM Act 

Title XII—Tipped Employees 

Title XIII—Revisions to Pass-Through Period and Payment Rules 

DIVISION T—REVENUE PROVISIONS 

DIVISION U—TAX TECHNICAL CORRECTIONS 

DIVISION V—CLOUD ACT 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as 

referring only to the provisions of that division. 

SEC. 4. EXPLANATORY STATEMENT. 

The explanatory statement regarding this Act, printed in the 

House section of the Congressional Record on or about March 22, 

2018, and submitted by the Chairman of the Committee on Appropriations of the House, shall have the same effect with respect 

to the allocation of funds and implementation of divisions A through 

L of this Act as if it were a joint explanatory statement of a 

committee of conference. 

SEC. 5. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2018. 

SEC. 6. AVAILABILITY OF FUNDS. 

Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant 

to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

Deficit Control Act of 1985 shall be available (or rescinded, if 

applicable) only if the President subsequently so designates all 

such amounts and transmits such designations to the Congress. 

1 USC 1 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 351 

SEC. 7. ADJUSTMENTS TO COMPENSATION. 

(a) Notwithstanding any other provision of law, no adjustment 

shall be made under section 601(a) of the Legislative Reorganization 

Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments 

for Members of Congress) during fiscal year 2018. 

(b) There is appropriated for payment to Emily Robin Minerva, 

heir of Louise McIntosh Slaughter, late a Representative from the 

State of New York, $174,000. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, 

FOOD AND DRUG ADMINISTRATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2018 

TITLE I 

AGRICULTURAL PROGRAMS 

PROCESSING, RESEARCH AND MARKETING

OFFICE OF THE SECRETARY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Secretary, 

$46,532,000, of which not to exceed $5,051,000 shall be available 

for the immediate Office of the Secretary; not to exceed $800,000 

shall be available for the Office of the Assistant to the Secretary 

for Rural Development: Provided, That funds made available by 

this Act to an agency in the Rural Development mission area 

for salaries and expenses are available to fund up to one administrative support staff for the Office; not to exceed $1,496,000 shall 

be available for the Office of Homeland Security; not to exceed 

$4,711,000 shall be available for the Office of Partnerships and 

Public Engagement; not to exceed $23,105,000 shall be available 

for the Office of the Assistant Secretary for Administration, of 

which $22,301,000 shall be available for Departmental Administration to provide for necessary expenses for management support 

services to offices of the Department and for general administration, 

security, repairs and alterations, and other miscellaneous supplies 

and expenses not otherwise provided for and necessary for the 

practical and efficient work of the Department: Provided further, 

That funds made available by this Act to an agency in the Administration mission area for salaries and expenses are available to 

fund up to one administrative support staff for the Office; not 

to exceed $3,869,000 shall be available for the Office of Assistant 

Secretary for Congressional Relations to carry out the programs 

funded by this Act, including programs involving intergovernmental 

affairs and liaison within the executive branch; and not to exceed 

$7,500,000 shall be available for the Office of Communications: 

Provided further, That the Secretary of Agriculture is authorized 

to transfer funds appropriated for any office of the Office of the 

Secretary to any other office of the Office of the Secretary: Provided 

further, That no appropriation for any office shall be increased 

or decreased by more than 5 percent: Provided further, That not 

to exceed $11,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available 

for official reception and representation expenses, not otherwise 

Agriculture, 

Rural 

Development, 

Food and Drug 

Administration, 

and Related 

Agencies 

Appropriations 

Act, 2018. 

2 USC 4501 note. 


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132 STAT. 352 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 354 PUBLIC LAW 115–141—MAR. 23, 2018 

funds made available by this Act to an agency in the Research, 

Education, and Economics mission area for salaries and expenses 

are available to fund up to one administrative support staff for 

the Office. 

ECONOMIC RESEARCH SERVICE

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

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics Service, $191,717,000, of which up to $63,350,000 shall be available 

until expended for the Census of Agriculture: Provided, That 

amounts made available for the Census of Agriculture may be 

used to conduct Current Industrial Report surveys subject to 7 

U.S.C. 2204g(d) and (f). 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Agricultural Research Service 

and for acquisition of lands by donation, exchange, or purchase 

at a nominal cost not to exceed $100, and for land exchanges 

where the lands exchanged shall be of equal value or shall be 

equalized by a payment of money to the grantor which shall not 

exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,202,766,000: Provided, That 

appropriations hereunder shall be available for the operation and 

maintenance of aircraft and the purchase of not to exceed one 

for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but 

unless otherwise provided, the cost of constructing any one building 

shall not exceed $500,000, except for headhouses or greenhouses 

which shall each be limited to $1,800,000, except for 10 buildings 

to be constructed or improved at a cost not to exceed $1,100,000 

each, and except for two buildings to be constructed at a cost 

not to exceed $3,000,000 each, and the cost of altering any one 

building during the fiscal year shall not exceed 10 percent of the 

current replacement value of the building or $500,000, whichever 

is greater: Provided further, That appropriations hereunder shall 

be available for entering into lease agreements at any Agricultural 

Research Service location for the construction of a research facility 

by a non-Federal entity for use by the Agricultural Research Service 

and a condition of the lease shall be that any facility shall be 

owned, operated, and maintained by the non-Federal entity and 

shall be removed upon the expiration or termination of the lease 

agreement: Provided further, That the limitations on alterations 

contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, 

That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided 

further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 

(21 U.S.C. 113a): Provided further, That appropriations hereunder 

7 USC 2254. 


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shall be available for granting easements at any Agricultural 

Research Service location for the construction of a research facility 

by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall 

be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary 

finds that acceptance of the facility is in the interest of the United 

States: Provided further, That funds may be received from any 

State, other political subdivision, organization, or individual for 

the purpose of establishing or operating any research facility or 

research project of the Agricultural Research Service, as authorized 

by law. 

BUILDINGS AND FACILITIES

For the acquisition of land, construction, repair, improvement, 

extension, alteration, and purchase of fixed equipment or facilities 

as necessary to carry out the agricultural research programs of 

the Department of Agriculture, where not otherwise provided, 

$140,600,000 to remain available until expended. 

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other 

expenses, $887,171,000, which shall be for the purposes, and in 

the amounts, specified in the table titled ‘‘National Institute of 

Food and Agriculture, Research and Education Activities’’ in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds 

for research grants for 1994 institutions, education grants for 1890 

institutions, capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, veterinary 

medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That 

each institution eligible to receive funds under the Evans-Allen 

program receives no less than $1,000,000: Provided further, That 

funds for education grants for Alaska Native and Native Hawaiianserving 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. 


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132 STAT. 356 PUBLIC LAW 115–141—MAR. 23, 2018 

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico, 

Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 

American Samoa, $483,626,000, which shall be for the purposes, 

and in the amounts, specified in the table titled ‘‘National Institute 

of Food and Agriculture, Extension Activities’’ in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act): Provided, That funds for facility improvements at 1890 institutions shall remain available until expended: 

Provided further, That institutions eligible to receive funds under 

7 U.S.C. 3221 for cooperative extension receive no less than 

$1,000,000: Provided further, That funds for cooperative extension 

under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) 

and (c)) and section 208(c) of Public Law 93–471 shall be available 

for retirement and employees’ compensation costs for extension 

agents. 

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants 

programs, including necessary administrative expenses, 

$37,000,000, which shall be for the purposes, and in the amounts, 

specified in the table titled ‘‘National Institute of Food and Agriculture, Integrated Activities’’ in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act): Provided, That funds for the Food and Agriculture 

Defense Initiative shall remain available until September 30, 2019: 

Provided further, That notwithstanding any other provision of law, 

indirect costs shall not be charged against any Extension 

Implementation Program Area grant awarded under the Crop 

Protection/Pest Management Program (7 U.S.C. 7626). 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $901,000: Provided, That 

funds made available by this Act to an agency in the Marketing 

and Regulatory Programs mission area for salaries and expenses 

are available to fund up to one administrative support staff for 

the Office. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances 

and for expenses pursuant to the Foreign Service Act of 1980 

(22 U.S.C. 4085), $981,893,000, of which $470,000, to remain available until expended, shall be available for the control of outbreaks 

of insects, plant diseases, animal diseases and for control of pest 

animals and birds (‘‘contingency fund’’) to the extent necessary 

to meet emergency conditions; of which $11,520,000, to remain 

available until expended, shall be used for the cotton pests program 


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for cost share purposes or for debt retirement for active eradication 

zones; of which $37,857,000, to remain available until expended, 

shall be for Animal Health Technical Services; of which $705,000 

shall be for activities under the authority of the Horse Protection 

Act of 1970, as amended (15 U.S.C. 1831); of which $62,840,000, 

to remain available until expended, shall be used to support avian 

health; of which $4,251,000, to remain available until expended, 

shall be for information technology infrastructure; of which 

$178,170,000, to remain available until expended, shall be for specialty crop pests; of which, $9,326,000, to remain available until 

expended, shall be for field crop and rangeland ecosystem pests; 

of which $16,523,000, to remain available until expended, shall 

be for zoonotic disease management; of which $40,966,000, to 

remain available until expended, shall be for emergency preparedness and response; of which $56,000,000, to remain available until 

expended, shall be for tree and wood pests; of which $5,725,000, 

to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available 

until expended, shall be for the scrapie program for indemnities; 

of which $2,500,000, to remain available until expended, shall be 

for the wildlife damage management program for aviation safety: 

Provided, That of amounts available under this heading for wildlife 

services methods development, $1,000,000 shall remain available 

until expended: Provided further, That of amounts available under 

this heading for the screwworm program, $4,990,000 shall remain 

available until expended; of which $3,000,000, to remain available 

until expended, shall be for National Bio and Agro-Defense human 

capital development: Provided further, That no funds shall be used 

to formulate or administer a brucellosis eradication program for 

the current fiscal year that does not require minimum matching 

by the States of at least 40 percent: Provided further, That this 

appropriation shall be available for the operation and maintenance 

of aircraft and the purchase of not to exceed five, of which two 

shall be for replacement only: Provided further, That in addition, 

in emergencies which threaten any segment of the agricultural 

production industry of the United States, the Secretary may transfer 

from other appropriations or funds available to the agencies or 

corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest 

and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 

U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant 

Protection Act (7 U.S.C. 7751 and 7772), and any unexpended 

balances of funds transferred for such emergency purposes in the 

preceding fiscal year shall be merged with such transferred 

amounts: Provided further, That appropriations hereunder shall 

be available pursuant to law (7 U.S.C. 2250) for the repair and 

alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the 

fiscal year shall not exceed 10 percent of the current replacement 

value of the building. 

In fiscal year 2018, the agency is authorized to collect fees 

to cover the total costs of providing technical assistance, goods, 

or services requested by States, other political subdivisions, 

domestic and international organizations, foreign governments, or 

individuals, provided that such fees are structured such that any 


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132 STAT. 358 PUBLIC LAW 115–141—MAR. 23, 2018 

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). 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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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 


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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 


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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, 


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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 


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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 


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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 selfhelp 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 


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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. 


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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 multifamily 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. 


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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. 


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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. 


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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 


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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, 


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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 


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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. 


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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 


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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 


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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’’. 


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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, 


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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 biotechnologyderived 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. 


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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 


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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 reductionin-force of personnel at the Commission occurs as a result of an 

action under 5 U.S.C. 7119, the Commission shall submit a report 

to the Committees on Appropriations of the House of Representatives and the Senate no later than 30 days after the furlough 

or reduction-in-force occurs detailing the agency’s reasoning for 

conducting a furlough or reduction-in-force: Provided further, That 

in the report the Commission shall explain why the furlough or 

reduction-in-force was the only reasonable course of action in 

response to an action taken under 5 U.S.C. 7119: Provided further, 

That after the conclusion of any furlough or reduction-in-force of 

the Commission in response to an action taken under 5 U.S.C. 

7119, the Comptroller General shall submit to the Committees 

on Appropriations of the Senate and the House of Representatives 

a report that describes (1) the long-term cost of any pay increases 

the Commission must make in response to an action taken under 

5 U.S.C. 7119; and (2) the operational impact of the furlough 

or reduction-in-force. 

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $70,600,000 (from assessments collected from 

farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year 

for administrative expenses as authorized under 12 U.S.C. 2249: 

Provided, That this limitation shall not apply to expenses associated 

with receiverships: Provided further, That the agency may exceed 

this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. 

TITLE VII 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture 

for the current fiscal year under this Act shall be available for 

the purchase, in addition to those specifically provided for, of not 

to exceed 71 passenger motor vehicles of which 68 shall be for 

replacement only, and for the hire of such vehicles: Provided, That 

notwithstanding this section, the only purchase of new passenger 

vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and 

for the protection of life, property, and public safety. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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: 


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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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded competitively by the National 

Institute of Food and Agriculture shall be available to pay full 

allowable indirect costs for each grant awarded under section 9 

of the Small Business Act (15 U.S.C. 638). 

SEC. 714. (a) None of the funds made available in this Act 

may be used to maintain or establish a computer network unless 

such network blocks the viewing, downloading, and exchanging 

of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency 

or any other entity carrying out criminal investigations, prosecution, 

or adjudication activities. 

SEC. 715. Notwithstanding subsection (b) of section 14222 of 

Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to 

as ‘‘section 14222’’), none of the funds appropriated or otherwise 

made available by this or any other Act shall be used to pay 

the salaries and expenses of personnel to carry out a program 

under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c; 

in this section referred to as ‘‘section 32’’) in excess of $1,266,582,000 

(exclusive of carryover appropriations from prior fiscal years), as 

follows: Child Nutrition Programs Entitlement Commodities— 

$465,000,000; State Option Contracts— $5,000,000; Removal of 

Defective Commodities— $2,500,000; Administration of Section 32 

Commodity Purchases—$35,853,000: Provided, That of the total 

funds made available in the matter preceding this proviso that 

remain unobligated on October 1, 2018, such unobligated balances 

shall carryover into the next fiscal year and shall remain available 

until expended for any of the three stated purposes of section 

32, except that any such carryover funds used in accordance with 

clause (3) of section 32 may not exceed $350,000,000 and may 

not be obligated until the Secretary of Agriculture provides written 

notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance: 

Provided further, That, with the exception of any available carryover 

funds authorized in the first proviso of this section to be used 

for the purposes of clause (3) of section 32, none of the funds 

appropriated or otherwise made available by this or any other 

Act shall be used to pay the salaries or expenses of any employee 

of the Department of Agriculture to carry out clause (3) of section 

32. 

SEC. 716. None of the funds appropriated by this or any other 

Act shall be used to pay the salaries and expenses of personnel 

who prepare or submit appropriations language as part of the 

President’s budget submission to the Congress for programs under 

the jurisdiction of the Appropriations Subcommittees on Agriculture, 

Rural Development, Food and Drug Administration, and Related 

Agencies that assumes revenues or reflects a reduction from the 

previous year due to user fees proposals that have not been enacted 

into law prior to the submission of the budget unless such budget 

submission identifies which additional spending reductions should 

occur in the event the user fees proposals are not enacted prior 

to the date of the convening of a committee of conference for 

the fiscal year 2019 appropriations Act. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 386 PUBLIC LAW 115–141—MAR. 23, 2018 

(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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 387 

SEC. 722. (a) There is hereby established in the Treasury of 

the United States a Working Capital Fund (the Fund) to be administered by the Food and Drug Administration (FDA), without fiscal 

year limitation, for the payment of salaries, travel, and other 

expenses necessary to the maintenance and operation of (1) a supply 

service for the purchase, storage, handling, issuance, packing, or 

shipping of stationery, supplies, materials, equipment, and blank 

forms, for which stocks may be maintained to meet, in whole 

or in part, the needs of the FDA and requisitions of other Government Offices, and (2) such other services as the Commissioner 

of the FDA, subject to review by the Secretary of Health and 

Human Services, determines may be performed more advantageously as central services. The Fund shall be reimbursed from 

applicable discretionary resources, notwithstanding any otherwise 

applicable purpose limitations, available when services are performed or stock furnished, or in advance, on a basis of rates which 

shall include estimated or actual charges for personal services, 

materials, equipment, information technology, and other expenses. 

Charges for equipment and information technology shall include 

costs associated with maintenance, repair, and depreciation 

(including improvement and replacement). 

(b) Of any discretionary resources appropriated in this Act 

for fiscal year 2018 for ‘‘Department of Health and Human Services, 

Food and Drug Administration, Salaries and Expenses’’, not to 

exceed $5,000,000 of amounts available as of September 30 may 

be transferred to and merged with the Fund established under 

subsection (a), notwithstanding any otherwise applicable purpose 

limitations. 

(c) No amounts may be transferred pursuant to this section 

that are designated by the Congress as an emergency requirement 

pursuant to a concurrent resolution on the budget or the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

SEC. 723. Not later than 30 days after the date of enactment 

of this Act, the Secretary of Agriculture, the Commissioner of the 

Food and Drug Administration, the Chairman of the Commodity 

Futures Trading Commission, and the Chairman of the Farm Credit 

Administration shall submit to the Committees on Appropriations 

of both Houses of Congress a detailed spending plan by program, 

project, and activity for all the funds made available under this 

Act including appropriated user fees, as defined in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

SEC. 724. Of the unobligated balances from amounts made 

available for the supplemental nutrition program as authorized 

by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

$800,000,000 are hereby rescinded. 

SEC. 725. The Secretary shall continue an intermediary loan 

packaging program based on the pilot program in effect for fiscal 

year 2013 for packaging and reviewing section 502 single family 

direct loans. The Secretary shall continue agreements with current 

intermediary organizations and with additional qualified intermediary organizations. The Secretary shall work with these 

organizations to increase effectiveness of the section 502 single 

family direct loan program in rural communities and shall set 

aside and make available from the national reserve section 502 

loans an amount necessary to support the work of such intermediaries and provide a priority for review of such loans. 

21 USC 399i. 


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132 STAT. 388 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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is introduced or delivered for introduction into interstate commerce 

that bears or contains a partially hydrogenated oil shall be deemed 

adulterated under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act 

by virtue of bearing or containing a partially hydrogenated oil 

until the compliance date as specified in such order (June 18, 

2018). 

SEC. 739. For the cost of refinancing a loan pursuant to section 

749 of division A of Public Law 115–31, and in addition to amounts 

provided by that section, for any borrower identified by the Federal 

Financing Bank for refinancing a loan where the modification calculation methodology used for such refinancing pursuant to section 

185 of Office of Management and Budget Circular No. A–11 results 

in a cost to the pilot program, $5,000,000, to remain available 

until expended: Provided, That these funds shall also be available 

for refinancing a loan pursuant to any extension or expansion 

of this pilot program that is enacted subsequent to this Act for 

those same borrowers. 

SEC. 740. None of the funds made available by this Act may 

be used by the Secretary of Agriculture, acting through the Food 

and Nutrition Service, to commence any new research and evaluation projects until the Secretary submits to the Committees on 

Appropriations of both Houses of Congress a research and evaluation plan for fiscal year 2018, prepared in coordination with the 

Research, Education, and Economics mission area of the Department of Agriculture, and a period of 30 days beginning on the 

date of the submission of the plan expires to permit Congressional 

review of the plan. 

SEC. 741. There is hereby appropriated $8,000,000, to remain 

available until expended, to carry out section 6407 of the Farm 

Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the Secretary may allow eligible entities to offer loans 

to customers in any part of their service territory and to offer 

loans to replace a manufactured housing unit with another manufactured housing unit, if replacement would be more cost effective 

in saving energy: Provided further, That funds provided in section 

769 of division A, Public Law 115–31, shall remain available until 

September 30, 2019. 

SEC. 742. (a) The Secretary of Agriculture shall— 

(1) conduct audits in a manner that evaluates the following 

factors in the country or region being audited, as applicable— 

(A) veterinary control and oversight; 

(B) disease history and vaccination practices; 

(C) livestock demographics and traceability; 

(D) epidemiological separation from potential sources 

of infection; 

(E) surveillance practices; 

(F) diagnostic laboratory capabilities; and 

(G) emergency preparedness and response; and 

(2) promptly make publicly available the final reports of 

any audits or reviews conducted pursuant to subsection (1). 

(b) This section shall be applied in a manner consistent with 

United States obligations under its international trade agreements. 

SEC. 743. There is hereby appropriated $1,000,000 for the Secretary to carry out a pilot program that provides forestry inventory 

analysis, forest management and economic outcomes modelling for 

certain currently enrolled Conservation Reserve Program participants. The Secretary shall allow the Commodity Credit Corporation 


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to enter into agreements with and provide grants to qualified nonprofit 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. 


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(d) This section shall be applied in a manner consistent with 

United States obligations under international agreements. 

(e) The Secretary may retain up to 0.25 percent of the funds 

appropriated in this Act for ‘‘Rural Utilities Service—Rural Water 

and Waste Disposal Program Account’’ for carrying out the provisions described in subsection (a)(1) for management and oversight 

of the requirements of this section. 

(f) Subsection (a) shall not apply with respect to a project 

for which the engineering plans and specifications include use of 

iron and steel products otherwise prohibited by such subsection 

if the plans and specifications have received required approvals 

from State agencies prior to the date of enactment of this Act. 

(g) For purposes of this section, the terms ‘‘United States’’ 

and ‘‘State’’ shall include each of the several States, the District 

of Columbia, and each federally recognized Indian tribe. 

SEC. 747. The Secretary shall set aside for Rural Economic 

Area Partnership (REAP) Zones, until August 15, 2018, an amount 

of funds made available in title III under the headings of Rural 

Housing Insurance Fund Program Account, Mutual and Self-Help 

Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account, 

Rural Development Loan Fund Program Account, and Rural Water 

and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such 

headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones. 

SEC. 748. For the purposes of determining eligibility or level 

of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations. 

SEC. 749. There is hereby appropriated $1,000,000, to remain 

available until expended, for a pilot program for the Secretary 

to provide grants to qualified non-profit organizations and public 

housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers 

to facilitate the acquisition of RHS multi-family housing properties 

in areas where the Secretary determines a risk of loss of affordable 

housing, by non-profit housing organizations and public housing 

authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of 

time as determined by the Secretary. 

SEC. 750. Beginning on the date of enactment of this Act 

through fiscal year 2019, notwithstanding any other provision of 

law, any fee issued by the State’s Electronic Benefit Transfer contractor and subcontractors, including Affiliates of the contractor 

or subcontractor, related to the switching or routing of benefits 

for Department of Agriculture domestic food assistance programs 

shall be prohibited: Provided, That for purposes of this provision, 

the term ‘‘switching’’ means the routing of an intrastate or interstate 

transaction that consists of transmitting the details of a transaction 

electronically recorded through the use of an electronic benefit 

transfer card in one State to the issuer of the card that may 

be in the same or different State. 

SEC. 751. None of the funds appropriated by this Act may 

be used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

Congress, other than to communicate to Members of Congress as 

described in 18 U.S.C. 1913. 


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SEC. 752. (a) The Secretary of Agriculture (referred to in this 

section as the ‘‘Secretary’’) shall carry out a pilot program during 

fiscal year 2018 with respect to the 2017 crop year for countylevel 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. 


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(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.). 


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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; 


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(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 


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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. 


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‘‘(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 


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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 predevelopment 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 


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(2) not provide advance notification of such grant awards 

to any person outside of the Department of Agriculture or 

the Food and Drug Administration except potential awardees, 

until such information is posted, as described in paragraph 

(1). 

SEC. 782. None of the funds made available by this Act may 

be used to pay the salaries or expenses of personnel— 

(1) to inspect horses under section 3 of the Federal Meat 

Inspection Act (21 U.S.C. 603); 

(2) to inspect horses under section 903 of the Federal 

Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 

1901 note; Public Law 104–127); or 

(3) to implement or enforce section 352.19 of title 9, Code 

of Federal Regulations (or a successor regulation). 

SEC. 783. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out the Biomass Crop Assistance 

Program authorized by section 9011 of the Farm Security and 

Rural Investment Act of 2002 (7 U.S.C. 8111). 

This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018’’. 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2018 

TITLE I 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of 

the Department of Commerce provided for by law, and for engaging 

in trade promotional activities abroad, including expenses of grants 

and cooperative agreements for the purpose of promoting exports 

of United States firms, without regard to sections 3702 and 3703 

of title 44, United States Code; full medical coverage for dependent 

members of immediate families of employees stationed overseas 

and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration 

between two points abroad, without regard to section 40118 of 

title 49, United States Code; employment of citizens of the United 

States and aliens by contract for services; rental of space abroad 

for periods not exceeding 10 years, and expenses of alteration, 

repair, or improvement; purchase or construction of temporary 

demountable exhibition structures for use abroad; payment of tort 

claims, in the manner authorized in the first paragraph of section 

2672 of title 28, United States Code, when such claims arise in 

foreign countries; not to exceed $294,300 for official representation 

expenses abroad; purchase of passenger motor vehicles for official 

use abroad, not to exceed $45,000 per vehicle; obtaining insurance 

on official motor vehicles; and rental of tie lines, $495,000,000, 

to remain available until September 30, 2019, of which $13,000,000 

is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of 

Commerce, 

Justice, Science, 

and Related 

Agencies 

Appropriations 

Act, 2018. 

Department of 

Commerce 

Appropriations 

Act, 2018. 


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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: 


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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 


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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 


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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 


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expended, of which not to exceed $9,000,000 may be transferred 

to the ‘‘Working Capital Fund’’: Provided, That not to exceed $20,000 

shall be for official reception and representation expenses: Provided 

further, That NIST may provide local transportation for summer 

undergraduate research fellowship program participants. 

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses for industrial technology services, 

$155,000,000, to remain available until expended, of which 

$140,000,000 shall be for the Hollings Manufacturing Extension 

Partnership, and of which $15,000,000 shall be for the National 

Network for Manufacturing Innovation (also known as ‘‘Manufacturing USA’’). 

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance 

of existing facilities, not otherwise provided for the National 

Institute of Standards and Technology, as authorized by sections 

13 through 15 of the National Institute of Standards and Technology 

Act (15 U.S.C. 278c–278e), $319,000,000, to remain available until 

expended: Provided, That the Secretary of Commerce shall include 

in the budget justification materials that the Secretary submits 

to Congress in support of the Department of Commerce budget 

(as submitted with the budget of the President under section 1105(a) 

of title 31, United States Code) an estimate for each National 

Institute of Standards and Technology construction project having 

a total multi-year program cost of more than $5,000,000, and 

simultaneously the budget justification materials shall include an 

estimate of the budgetary requirements for each such project for 

each of the 5 subsequent fiscal years. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the 

National Oceanic and Atmospheric Administration, including 

maintenance, operation, and hire of aircraft and vessels; pilot programs for state-led fisheries management, notwithstanding any 

other provision of law; grants, contracts, or other payments to 

nonprofit organizations for the purposes of conducting activities 

pursuant to cooperative agreements; and relocation of facilities, 

$3,536,331,000, to remain available until September 30, 2019, 

except that funds provided for cooperative enforcement shall remain 

available until September 30, 2020: Provided, That fees and donations received by the National Ocean Service for the management 

of national marine sanctuaries may be retained and used for the 

salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code: Provided 

further, That in addition, $144,000,000 shall be derived by transfer 

from the fund entitled ‘‘Promote and Develop Fishery Products 

and Research Pertaining to American Fisheries’’, which shall only 

be used for fishery activities related to the Saltonstall-Kennedy 

15 USC 1513b 

note. 


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132 STAT. 406 PUBLIC LAW 115–141—MAR. 23, 2018 

Grant Program, Cooperative Research, Annual Stock Assessments, 

Survey and Monitoring Projects, Interjurisdictional Fisheries 

Grants, and Fish Information Networks: Provided further, That 

of the $3,697,831,000 provided for in direct obligations under this 

heading, $3,536,331,000 is appropriated from the general fund, 

$144,000,000 is provided by transfer, and $17,500,000 is derived 

from recoveries of prior year obligations: Provided further, That 

any deviation from the amounts designated for specific activities 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act), or any use of 

deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 

505 of this Act: Provided further, That in addition, for necessary 

retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, and for payments for the medical 

care of retired personnel and their dependents under the Dependents’ Medical Care Act (10 U.S.C. ch. 55), such sums as may 

be necessary. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For procurement, acquisition and construction of capital assets, 

including alteration and modification costs, of the National Oceanic 

and Atmospheric Administration, $2,290,684,000, to remain available until September 30, 2020, except that funds provided for 

acquisition and construction of vessels and construction of facilities 

shall remain available until expended: Provided, That of the 

$2,303,684,000 provided for in direct obligations under this heading, 

$2,290,684,000 is appropriated from the general fund and 

$13,000,000 is provided from recoveries of prior year obligations: 

Provided further, That any deviation from the amounts designated 

for specific activities in the explanatory statement described in 

section 4 (in the matter preceding division A of this consolidated 

Act), or any use of deobligated balances of funds provided under 

this heading in previous years, shall be subject to the procedures 

set forth in section 505 of this Act: Provided further, That the 

Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the 

Department of Commerce budget (as submitted with the budget 

of the President under section 1105(a) of title 31, United States 

Code) an estimate for each National Oceanic and Atmospheric 

Administration procurement, acquisition or construction project 

having a total of more than $5,000,000 and simultaneously the 

budget justification shall include an estimate of the budgetary 

requirements for each such project for each of the 5 subsequent 

fiscal years: Provided further, That, within the amounts appropriated, $1,302,000 shall be transferred to the ‘‘Office of Inspector 

General’’ account for activities associated with carrying out investigations and audits related to satellite procurement, acquisition 

and construction. 

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of 

Pacific salmon populations, $65,000,000, to remain available until 

September 30, 2019: Provided, That, of the funds provided herein, 

15 USC 1513a 

note. 


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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. 


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GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce 

by this Act shall be available for the activities specified in the 

Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in 

the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 

3324, may be used for advanced payments not otherwise authorized 

only upon the certification of officials designated by the Secretary 

of Commerce that such payments are in the public interest. 

SEC. 102. During the current fiscal year, appropriations made 

available to the Department of Commerce by this Act for salaries 

and expenses shall be available for hire of passenger motor vehicles 

as authorized by 31 U.S.C. 1343 and 1344; services as authorized 

by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized 

by law (5 U.S.C. 5901–5902). 

SEC. 103. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Commerce 

in this Act may be transferred between such appropriations, but 

no such appropriation shall be increased by more than 10 percent 

by any such transfers: Provided, That any transfer pursuant to 

this section shall be treated as a reprogramming of funds under 

section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section: Provided further, That the Secretary of Commerce 

shall notify the Committees on Appropriations at least 15 days 

in advance of the acquisition or disposal of any capital asset 

(including land, structures, and equipment) not specifically provided 

for in this Act or any other law appropriating funds for the Department of Commerce. 

SEC. 104. The requirements set forth by section 105 of the 

Commerce, Justice, Science, and Related Agencies Appropriations 

Act, 2012 (Public Law 112–55), as amended by section 105 of 

title I of division B of Public Law 113–6, are hereby adopted 

by reference and made applicable with respect to fiscal year 2018: 

Provided, That the life cycle cost for the Joint Polar Satellite System 

is $11,322,125,000 and the life cycle cost for the Geostationary 

Operational Environmental Satellite R-Series Program is 

$10,828,059,000. 

SEC. 105. Notwithstanding any other provision of law, the 

Secretary may furnish services (including but not limited to utilities, 

telecommunications, and security services) necessary to support 

the operation, maintenance, and improvement of space that persons, 

firms, or organizations are authorized, pursuant to the Public 

Buildings Cooperative Use Act of 1976 or other authority, to use 

or occupy in the Herbert C. Hoover Building, Washington, DC, 

or other buildings, the maintenance, operation, and protection of 

which has been delegated to the Secretary from the Administrator 

of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable 

basis. Amounts received as reimbursement for services provided 

under this section or the authority under which the use or occupancy 

of the space is authorized, up to $200,000, shall be credited to 

the appropriation or fund which initially bears the costs of such 

services. 

33 USC 878a 

note. 


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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’’. 


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132 STAT. 410 PUBLIC LAW 115–141—MAR. 23, 2018 

TITLE II 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $114,000,000, of which not to exceed $4,000,000 

for security and construction of Department of Justice facilities 

shall remain available until expended. 

JUSTICE INFORMATION SHARING TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information sharing technology, 

including planning, development, deployment and departmental 

direction, $35,000,000, to remain available until expended: Provided, That the Attorney General may transfer up to $35,400,000 

to this account, from funds available to the Department of Justice 

for information technology, to remain available until expended, 

for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in 

addition to any other transfer authority contained in this Act: 

Provided further, That any transfer pursuant to the first proviso 

shall be treated as a reprogramming under section 505 of this 

Act and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section. 

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the administration of immigrationrelated 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. 

Department of 

Justice 

Appropriations 

Act, 2018. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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-ScottRodino 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. 


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132 STAT. 412 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 414 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 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 

42 USC 250a. 


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132 STAT. 416 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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, 


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132 STAT. 418 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 incidentbased 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); 


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132 STAT. 420 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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; 


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(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 


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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 


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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, 


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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 


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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)). 


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(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’’. 


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TITLE III 

SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology 

Policy, in carrying out the purposes of the National Science and 

Technology Policy, Organization, and Priorities Act of 1976 (42 

U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services 

as authorized by section 3109 of title 5, United States Code, not 

to exceed $2,250 for official reception and representation expenses, 

and rental of conference rooms in the District of Columbia, 

$5,544,000. 

NATIONAL SPACE COUNCIL

For necessary expenses of the National Space Council, in carrying out the purposes of Title V of Public Law 100-685 and Executive Order 13803, hire of passenger motor vehicles, and services 

as authorized by section 3109 of title 5, United States Code, not 

to exceed $2,250 for official reception and representation expenses, 

$1,965,000: Provided, That notwithstanding any other provision 

of law, the National Space Council may accept personnel support 

from Federal agencies, departments, and offices, and such Federal 

agencies, departments, and offices may detail staff without 

reimbursement to the National Space Council for purposes provided 

herein. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE

For necessary expenses, not otherwise provided for, in the 

conduct and support of science research and development activities, 

including research, development, operations, support, and services; 

maintenance and repair, facility planning and design; space flight, 

spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances 

therefor, as authorized by sections 5901 and 5902 of title 5, United 

States Code; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

of mission and administrative aircraft, $6,221,500,000, to remain 

available until September 30, 2019: Provided, That the formulation 

and development costs (with development cost as defined under 

section 30104 of title 51, United States Code) for the James Webb 

Space Telescope shall not exceed $8,000,000,000: Provided further, 

That should the individual identified under subsection (c)(2)(E) 

of section 30104 of title 51, United States Code, as responsible 

for the James Webb Space Telescope determine that the development cost of the program is likely to exceed that limitation, the 

individual shall immediately notify the Administrator and the 

increase shall be treated as if it meets the 30 percent threshold 

described in subsection (f) of section 30104: Provided further, That, 

of the amounts provided, $595,000,000 is for an orbiter and a 

lander to meet the science goals for the Jupiter Europa mission 

as outlined in the most recent planetary science decadal survey: 

Provided further, That the National Aeronautics and Space 

Science 

Appropriations 

Act, 2018. 


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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 


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SLS activities: Provided further, That the National Aeronautics 

and Space Administration (NASA) shall provide to the Committees 

on Appropriations of the House of Representatives and the Senate, 

concurrent with the annual budget submission, a 5-year budget 

profile for an integrated system that includes the Space Launch 

System, the Orion Multi-Purpose Crew Vehicle, and associated 

ground systems that will ensure an Exploration Mission-2 crewed 

launch as early as possible, as well as a system-based funding 

profile for a sustained launch cadence beyond the initial crewed 

test launch: Provided further, That acquisition of Orion crew 

vehicles, SLS launch vehicles, Exploration Ground Systems, mobile 

launch platforms, and their associated components may be funded 

incrementally in fiscal year 2018 and thereafter: Provided further, That $395,000,000 shall be for exploration research and development. 

SPACE OPERATIONS

For necessary expenses, not otherwise provided for, in the 

conduct and support of space operations research and development 

activities, including research, development, operations, support and 

services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance 

and repair, facility planning and design; program management; 

personnel and related costs, including uniforms or allowances 

therefor, as authorized by sections 5901 and 5902 of title 5, United 

States Code; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance and operation 

of mission and administrative aircraft, $4,751,500,000, to remain 

available until September 30, 2019. 

EDUCATION

For necessary expenses, not otherwise provided for, in the 

conduct and support of aerospace and aeronautical education 

research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, 

as authorized by sections 5901 and 5902 of title 5, United States 

Code; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

of mission and administrative aircraft, $100,000,000, to remain 

available until September 30, 2019, of which $18,000,000 shall 

be for the Established Program to Stimulate Competitive Research 

and $40,000,000 shall be for the National Space Grant College 

and Fellowship Program. 

SAFETY, SECURITY AND MISSION SERVICES

For necessary expenses, not otherwise provided for, in the 

conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development 

activities, including research, development, operations, support, and 

services; maintenance and repair, facility planning and design; 

space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms 

or allowances therefor, as authorized by sections 5901 and 5902 

of title 5, United States Code; travel expenses; purchase and hire 

51 USC 20301 

note. 


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of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, 

maintenance, and operation of mission and administrative aircraft, 

$2,826,900,000, to remain available until September 30, 2019. 

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses for construction of facilities including 

repair, rehabilitation, revitalization, and modification of facilities, 

construction of new facilities and additions to existing facilities, 

facility planning and design, and restoration, and acquisition or 

condemnation of real property, as authorized by law, and environmental compliance and restoration, $562,240,000, to remain available until September 30, 2023: Provided, That proceeds from leases 

deposited into this account shall be available for a period of 5 

years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in 

the preceding proviso shall be available for obligation for fiscal 

year 2018 in an amount not to exceed $9,470,300: Provided further, 

That each annual budget request shall include an annual estimate 

of gross receipts and collections and proposed use of all funds 

collected pursuant to section 20145 of title 51, United States Code. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the Inspector General Act of 1978, $39,000,000, of 

which $500,000 shall remain available until September 30, 2019. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

Funds for any announced prize otherwise authorized shall 

remain available, without fiscal year limitation, until a prize is 

claimed or the offer is withdrawn. 

Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the National Aeronautics and Space 

Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically 

provided, shall be increased by more than 10 percent by any such 

transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 

505 of this Act and shall not be available for obligation except 

in compliance with the procedures set forth in that section. 

The spending plan required by this Act shall be provided by 

NASA at the theme, program, project and activity level. The 

spending plan, as well as any subsequent change of an amount 

established in that spending plan that meets the notification 

requirements of section 505 of this Act, shall be treated as a 

reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

51 USC 20144 

note. 

51 USC 30103 

note. 

51 USC 20145 

note. 


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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 


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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). 


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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 


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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, 


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132 STAT. 436 PUBLIC LAW 115–141—MAR. 23, 2018 

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, 


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suspension, and ineligibility procedures described in sections 9.400 

through 9.409 of title 48, Code of Federal Regulations. 

(b)(1) To the extent practicable, with respect to authorized 

purchases of promotional items, funds made available by this Act 

shall be used to purchase items that are manufactured, produced, 

or assembled in the United States, its territories or possessions. 

(2) The term ‘‘promotional items’’ has the meaning given the 

term in OMB Circular A–87, Attachment B, Item (1)(f)(3). 

SEC. 507. (a) The Departments of Commerce and Justice, the 

National Science Foundation, and the National Aeronautics and 

Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly 

report on the status of balances of appropriations at the account 

level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the 

amounts attributable to each source year of appropriation from 

which the balances were derived. For balances that are obligated, 

but unexpended, the quarterly reports shall separately identify 

amounts by the year of obligation. 

(b) The report described in subsection (a) shall be submitted 

within 30 days of the end of each quarter. 

(c) If a department or agency is unable to fulfill any aspect 

of a reporting requirement described in subsection (a) due to a 

limitation of a current accounting system, the department or agency 

shall fulfill such aspect to the maximum extent practicable under 

such accounting system and shall identify and describe in each 

quarterly report the extent to which such aspect is not fulfilled. 

SEC. 508. Any costs incurred by a department or agency funded 

under this Act resulting from, or to prevent, personnel actions 

taken in response to funding reductions included in this Act shall 

be absorbed within the total budgetary resources available to such 

department or agency: Provided, That the authority to transfer 

funds between appropriations accounts as may be necessary to 

carry out this section is provided in addition to authorities included 

elsewhere in this Act: Provided further, That use of funds to carry 

out this section shall be treated as a reprogramming of funds 

under section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care 

and protection of loan collateral or grant property. 

SEC. 509. None of the funds provided by this Act shall be 

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country 

of restrictions on the marketing of tobacco or tobacco products, 

except for restrictions which are not applied equally to all tobacco 

or tobacco products of the same type. 

SEC. 510. Notwithstanding any other provision of law, amounts 

deposited or available in the Fund established by section 1402 

of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101) 

in any fiscal year in excess of $4,436,000,000 shall not be available 

for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available 

from the Fund for obligation: (1) $10,000,000 shall remain available 

until expended to the Department of Justice Office of Inspector 

General for oversight and auditing purposes; and (2) 3 percent 

shall be available to the Office for Victims of Crime for grants, 

34 USC 20101 

note. 


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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 


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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 cyberespionage 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 moderateimpact 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 


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(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 


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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; 


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(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 


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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 


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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, 


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North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, 

Vermont, Virginia, Washington, West Virginia, Wisconsin, and 

Wyoming, or with respect to the District of Columbia, Guam, or 

Puerto Rico, to prevent any of them from implementing their own 

laws that authorize the use, distribution, possession, or cultivation 

of medical marijuana. 

SEC. 539. Not later than 30 days after the enactment of this 

Act, the Secretary of Commerce (Secretary) shall lift the stay on 

the effective date of the final rule for the seafood import monitoring 

program published by the Secretary on December 9, 2016, (81 

Fed. Reg. 88975 et seq.) for the species described in section 

300.324(a)(3) of title 50, Code of Federal Regulations: Provided, That the compliance date for the species described in section 

300.324(a)(3) of title 50, Code of Federal Regulations, shall occur 

not later than December 31, 2018: Provided further, That not later 

than December 31, 2018, the Secretary shall establish a traceability 

program for United States inland, coastal, and marine aquaculture 

of shrimp and abalone from point of production to entry into United 

States commerce: Provided further, That the Secretary shall promulgate such regulations as are necessary and appropriate to establish 

and implement the program: Provided further, That information 

collected pursuant to a regulation promulgated under this section 

shall be confidential and not be disclosed except for the information 

disclosed under section 401(b)(1) of the Magnuson-Stevens Fishery 

Conservation and Management Act (16 U.S.C. 1881a(b)(1)): Provided further, That any regulations promulgated under this section 

shall be enforced as if this section were a provision of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1801 

et seq.) and the regulations were promulgated under such Act. 

SEC. 540. For an additional amount for ‘‘Department of Justice, 

State and Local Law Enforcement Activities, Office of Justice Programs, State and Local Law Enforcement Assistance’’, $2,500,000 

to keep young athletes safe. 

This division may be cited as the ‘‘Commerce, Justice, Science, 

and Related Agencies Appropriations Act, 2018’’. 

DIVISION C—DEPARTMENT OF DEFENSE 

APPROPRIATIONS ACT, 2018 

TITLE I 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members 

of reserve components provided for elsewhere), cadets, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

amended (42 U.S.C. 402 note), and to the Department of Defense 

Military Retirement Fund, $41,628,855,000. 

Department of 

Defense 

Appropriations 

Act, 2018. 

16 USC 1855. 


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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 


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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 


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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 


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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. 


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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 


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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. 


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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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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; 


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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 destina- tion 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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 458 PUBLIC LAW 115–141—MAR. 23, 2018 

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 contractorowned 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, 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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TITLE VIII 

GENERAL PROVISIONS 

SEC. 8001. No part of any appropriation contained in this 

Act shall be used for publicity or propaganda purposes not authorized by the Congress. 

SEC. 8002. During the current fiscal year, provisions of law 

prohibiting the payment of compensation to, or employment of, 

any person not a citizen of the United States shall not apply 

to personnel of the Department of Defense: Provided, That salary 

increases granted to direct and indirect hire foreign national 

employees of the Department of Defense funded by this Act shall 

not be at a rate in excess of the percentage increase authorized 

by law for civilian employees of the Department of Defense whose 

pay is computed under the provisions of section 5332 of title 5, 

United States Code, or at a rate in excess of the percentage increase 

provided by the appropriate host nation to its own employees, 

whichever is higher: Provided further, That this section shall not 

apply to Department of Defense foreign service national employees 

serving at United States diplomatic missions whose pay is set 

by the Department of State under the Foreign Service Act of 1980: 

Provided further, That the limitations of this provision shall not 

apply to foreign national employees of the Department of Defense 

in the Republic of Turkey. 

SEC. 8003. No part of any appropriation contained in this 

Act shall remain available for obligation beyond the current fiscal 

year, unless expressly so provided herein. 

SEC. 8004. No more than 25 percent of the appropriations 

in this Act which are limited for obligation during the current 

fiscal year shall be obligated during the last 2 months of the 

fiscal year: Provided, That this section shall not apply to obligations 

for support of active duty training of reserve components or summer 

camp training of the Reserve Officers’ Training Corps. 

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense 

that such action is necessary in the national interest, he may, 

with the approval of the Office of Management and Budget, transfer 

not to exceed $4,250,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) 

between such appropriations or funds or any subdivision thereof, 

to be merged with and to be available for the same purposes, 

and for the same time period, as the appropriation or fund to 

which transferred: Provided, That such authority to transfer may 

not be used unless for higher priority items, based on unforeseen 

military requirements, than those for which originally appropriated 

and in no case where the item for which funds are requested 

has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers 

made pursuant to this authority or any other authority in this 

Act: Provided further, That no part of the funds in this Act shall 

be available to prepare or present a request to the Committees 

on Appropriations for reprogramming of funds, unless for higher 

priority items, based on unforeseen military requirements, than 

those for which originally appropriated and in no case where the 

10 USC 1584 

note. 


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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’’. 


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(TRANSFER OF FUNDS)

SEC. 8008. During the current fiscal year, cash balances in 

working capital funds of the Department of Defense established 

pursuant to section 2208 of title 10, United States Code, may 

be maintained in only such amounts as are necessary at any time 

for cash disbursements to be made from such funds: Provided, 

That transfers may be made between such funds: Provided further, 

That transfers may be made between working capital funds and 

the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 

the ‘‘Operation and Maintenance’’ appropriation accounts in such 

amounts as may be determined by the Secretary of Defense, with 

the approval of the Office of Management and Budget, except that 

such transfers may not be made unless the Secretary of Defense 

has notified the Congress of the proposed transfer: Provided further, 

That except in amounts equal to the amounts appropriated to 

working capital funds in this Act, no obligations may be made 

against a working capital fund to procure or increase the value 

of war reserve material inventory, unless the Secretary of Defense 

has notified the Congress prior to any such obligation. 

SEC. 8009. Funds appropriated by this Act may not be used 

to initiate a special access program without prior notification 30 

calendar days in advance to the congressional defense committees. 

SEC. 8010. None of the funds provided in this Act shall be 

available to initiate: (1) a multiyear contract that employs economic 

order quantity procurement in excess of $20,000,000 in any one 

year of the contract or that includes an unfunded contingent liability 

in excess of $20,000,000; or (2) a contract for advance procurement 

leading to a multiyear contract that employs economic order 

quantity procurement in excess of $20,000,000 in any one year, 

unless the congressional defense committees have been notified 

at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act 

shall be available to initiate a multiyear contract for which the 

economic order quantity advance procurement is not funded at 

least to the limits of the Government’s liability: Provided further, 

That no part of any appropriation contained in this Act shall 

be available to initiate multiyear procurement contracts for any 

systems or component thereof if the value of the multiyear contract 

would exceed $500,000,000 unless specifically provided in this Act: 

Provided further, That no multiyear procurement contract can be 

terminated without 30-day prior notification to the congressional 

defense committees: Provided further, That the execution of 

multiyear authority shall require the use of a present value analysis 

to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may 

be used for a multiyear contract executed after the date of the 

enactment of this Act unless in the case of any such contract— 

(1) the Secretary of Defense has submitted to Congress 

a budget request for full funding of units to be procured through 

the contract and, in the case of a contract for procurement 

of aircraft, that includes, for any aircraft unit to be procured 

through the contract for which procurement funds are requested 

in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full 

funding of procurement of such unit in that fiscal year; 

10 USC 2306b 

note. 


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(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 Governmentfurnished 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 


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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 fulltime 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-Prote ́ge ́ Program may be transferred to any other appropriation contained in this Act solely for 

the purpose of implementing a Mentor-Prote ́ge ́ 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 


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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. 


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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). 


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(e) The Secretary of Defense shall, with the submission of 

the department’s fiscal year 2019 budget request, submit a report 

presenting the specific amounts of staff years of technical effort 

to be allocated for each defense FFRDC during that fiscal year 

and the associated budget estimates. 

(f) Notwithstanding any other provision of this Act, the total 

amount appropriated in this Act for FFRDCs is hereby reduced 

by $131,000,000. 

SEC. 8025. None of the funds appropriated or made available 

in this Act shall be used to procure carbon, alloy, or armor steel 

plate for use in any Government-owned facility or property under 

the control of the Department of Defense which were not melted 

and rolled in the United States or Canada: Provided, That these 

procurement restrictions shall apply to any and all Federal Supply 

Class 9515, American Society of Testing and Materials (ASTM) 

or American Iron and Steel Institute (AISI) specifications of carbon, 

alloy or armor steel plate: Provided further, That the Secretary 

of the military department responsible for the procurement may 

waive this restriction on a case-by-case basis by certifying in writing 

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely 

basis and that such an acquisition must be made in order to 

acquire capability for national security purposes: Provided further, 

That these restrictions shall not apply to contracts which are in 

being as of the date of the enactment of this Act. 

SEC. 8026. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the 

Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the 

Committee on Appropriations of the House of Representatives. 

SEC. 8027. During the current fiscal year, the Department 

of Defense may acquire the modification, depot maintenance and 

repair of aircraft, vehicles and vessels as well as the production 

of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities 

and private firms: Provided, That the Senior Acquisition Executive 

of the military department or Defense Agency concerned, with power 

of delegation, shall certify that successful bids include comparable 

estimates of all direct and indirect costs for both public and private 

bids: Provided further, That Office of Management and Budget 

Circular A–76 shall not apply to competitions conducted under 

this section. 

SEC. 8028. (a)(1) If the Secretary of Defense, after consultation 

with the United States Trade Representative, determines that a 

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating 

against certain types of products produced in the United States 

that are covered by the agreement, the Secretary of Defense shall 

rescind the Secretary’s blanket waiver of the Buy American Act 

with respect to such types of products produced in that foreign 

country. 

(2) An agreement referred to in paragraph (1) is any reciprocal 

defense procurement memorandum of understanding, between the 

United States and a foreign country pursuant to which the Secretary 

41 USC 8304 

note. 

10 USC 2731 

note. 


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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 


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in accordance with the information paper of the Department 

of the Army titled ‘‘Army Senior Reserve Officer’s Training 

Corps (SROTC) Program Review and Criteria’’, dated January 

27, 2014. 

SEC. 8033. The Secretary of Defense shall issue regulations 

to prohibit the sale of any tobacco or tobacco-related products in 

military resale outlets in the United States, its territories and 

possessions at a price below the most competitive price in the 

local community: Provided, That such regulations shall direct that 

the prices of tobacco or tobacco-related products in overseas military 

retail outlets shall be within the range of prices established for 

military retail system stores located in the United States. 

SEC. 8034. (a) During the current fiscal year, none of the 

appropriations or funds available to the Department of Defense 

Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for 

sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense 

Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during 

fiscal year 1994 and if the purchase of such an investment item 

would be chargeable during the current fiscal year to appropriations 

made to the Department of Defense for procurement. 

(b) The fiscal year 2019 budget request for the Department 

of Defense as well as all justification material and other documentation supporting the fiscal year 2019 Department of Defense budget 

shall be prepared and submitted to the Congress on the basis 

that any equipment which was classified as an end item and funded 

in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2019 procurement appropriation 

and not in the supply management business area or any other 

area or category of the Department of Defense Working Capital 

Funds. 

SEC. 8035. None of the funds appropriated by this Act for 

programs of the Central Intelligence Agency shall remain available 

for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2019: Provided, That funds appropriated, 

transferred, or otherwise credited to the Central Intelligence Agency 

Central Services Working Capital Fund during this or any prior 

or subsequent fiscal year shall remain available until expended: 

Provided further, That any funds appropriated or transferred to 

the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National 

Security Act of 1947 (50 U.S.C. 3093) shall remain available until 

September 30, 2019. 

SEC. 8036. Up to $10,322,000 of the funds appropriated under 

the heading ‘‘Operation and Maintenance, Navy’’ may be made 

available for the Asia Pacific Regional Initiative Program for the 

purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and 

payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other 

funding authorities for humanitarian assistance, security assistance 

or combined exercise expenses: Provided further, That funds may 

50 USC 3521 

note. 

10 USC 2484 

note. 


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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, DefenseWide’’, 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-bycase 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 


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(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)). 


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(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, 


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Army Reserve and Air Force Reserve for the purpose of applying 

any administratively imposed civilian personnel ceiling, freeze, or 

reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. 

SEC. 8043. None of the funds appropriated or otherwise made 

available in this Act may be obligated or expended for assistance 

to the Democratic People’s Republic of Korea unless specifically 

appropriated for that purpose. 

SEC. 8044. Funds appropriated in this Act for operation and 

maintenance of the Military Departments, Combatant Commands 

and Defense Agencies shall be available for reimbursement of pay, 

allowances and other expenses which would otherwise be incurred 

against appropriations for the National Guard and Reserve when 

members of the National Guard and Reserve provide intelligence 

or counterintelligence support to Combatant Commands, Defense 

Agencies and Joint Intelligence Activities, including the activities 

and programs included within the National Intelligence Program 

and the Military Intelligence Program: Provided, That nothing in 

this section authorizes deviation from established Reserve and 

National Guard personnel and training procedures. 

SEC. 8045. (a) None of the funds available to the Department 

of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or 

agency of the United States except as specifically provided in an 

appropriations law. 

(b) None of the funds available to the Central Intelligence 

Agency for any fiscal year for drug interdiction or counter-drug 

activities may be transferred to any other department or agency 

of the United States except as specifically provided in an appropriations law. 

SEC. 8046. None of the funds appropriated by this Act may 

be used for the procurement of ball and roller bearings other than 

those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible 

for such procurement may waive this restriction on a case-bycase 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 

50 USC 3506 

note. 

10 USC 274 note. 


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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 


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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 


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the Secretary of Defense may waive this restriction on a caseby-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-bycase 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 


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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— 


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(1) the appropriations account structure for the National 

Intelligence Program budget, including through the creation 

of a new appropriation or new appropriation account; 

(2) how the National Intelligence Program budget request 

is presented in the unclassified P–1, R–1, and O–1 documents 

supporting the Department of Defense budget request; 

(3) the process by which the National Intelligence Program 

appropriations are apportioned to the executing agencies; or 

(4) the process by which the National Intelligence Program 

appropriations are allotted, obligated and disbursed. 

(b) Nothing in section (a) shall be construed to prohibit the 

merger of programs or changes to the National Intelligence Program 

budget at or below the Expenditure Center level, provided such 

change is otherwise in accordance with paragraphs (a)(1)–(3). 

(c) The Director of National Intelligence and the Secretary 

of Defense may jointly, only for the purposes of achieving auditable 

financial statements and improving fiscal reporting, study and 

develop detailed proposals for alternative financial management 

processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative 

processes will adversely affect counterintelligence. 

(d) Upon development of the detailed proposals defined under 

subsection (c), the Director of National Intelligence and the Secretary of Defense shall— 

(1) provide the proposed alternatives to all affected agencies; 

(2) receive certification from all affected agencies attesting 

that the proposed alternatives will help achieve auditability, 

improve fiscal reporting, and will not adversely affect counterintelligence; and 

(3) not later than 30 days after receiving all necessary 

certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees. 

SEC. 8069. In addition to amounts provided elsewhere in this 

Act, $10,000,000 is hereby appropriated to the Department of 

Defense, to remain available for obligation until expended: Provided, 

That notwithstanding any other provision of law, that upon the 

determination of the Secretary of Defense that it shall serve the 

national interest, these funds shall be available only for a grant 

to the Fisher House Foundation, Inc., only for the construction 

and furnishing of additional Fisher Houses to meet the needs of 

military family members when confronted with the illness or hospitalization of an eligible military beneficiary. 

SEC. 8070. Any notice that is required to be submitted to 

the Committees on Appropriations of the Senate and the House 

of Representatives under section 806(c)(4) of the Bob Stump 

National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 

2302 note) after the date of the enactment of this Act shall be 

submitted pursuant to that requirement concurrently to the Subcommittees on Defense of the Committees on Appropriations of 

the Senate and the House of Representatives. 

10 USC 2302 

note. 


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(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 


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deemed to be specifically authorized by the Congress for purposes 

of section 504 of the National Security Act of 1947 (50 U.S.C. 

3094) during fiscal year 2018 until the enactment of the Intelligence 

Authorization Act for Fiscal Year 2018. 

SEC. 8074. None of the funds provided in this Act shall be 

available for obligation or expenditure through a reprogramming 

of funds that creates or initiates a new program, project, or activity 

unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written 

prior notification to the congressional defense committees. 

SEC. 8075. The budget of the President for fiscal year 2019 

submitted to the Congress pursuant to section 1105 of title 31, 

United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in 

contingency operations for the Military Personnel accounts, the 

Operation and Maintenance accounts, the Procurement accounts, 

and the Research, Development, Test and Evaluation accounts: 

Provided, That these documents shall include a description of the 

funding requested for each contingency operation, for each military 

service, to include all Active and Reserve components, and for 

each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense 

or object class, a reconciliation of increases and decreases for each 

contingency operation, and programmatic data including, but not 

limited to, troop strength for each Active and Reserve component, 

and estimates of the major weapons systems deployed in support 

of each contingency: Provided further, That these documents shall 

include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal 

years. 

SEC. 8076. None of the funds in this Act may be used for 

research, development, test, evaluation, procurement or deployment 

of nuclear armed interceptors of a missile defense system. 

SEC. 8077. Notwithstanding any other provision of this Act, 

to reflect savings due to favorable foreign exchange rates, the total 

amount appropriated in this Act is hereby reduced by $4,000,000. 

SEC. 8078. The Secretary of Defense may use up to $800,000,000 

of the amounts appropriated or otherwise made available in this 

Act to the Department of Defense for the rapid acquisition and 

deployment of supplies and associated support services pursuant 

to section 806 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 

note): Provided, That the Secretary of Defense shall notify the 

congressional defense committees promptly of all uses of this 

authority. 

SEC. 8079. None of the funds appropriated or made available 

in this Act shall be used to reduce or disestablish the operation 

of the 53rd Weather Reconnaissance Squadron of the Air Force 

Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, That the Air Force shall allow the 53rd Weather Reconnaissance 

Squadron to perform other missions in support of national defense 

requirements during the non-hurricane season. 

SEC. 8080. None of the funds provided in this Act shall be 

available for integration of foreign intelligence information unless 

the information has been lawfully collected and processed during 

10 USC 221. 


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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. 


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132 STAT. 484 PUBLIC LAW 115–141—MAR. 23, 2018 

SEC. 8087. Any transfer of amounts appropriated to, credited 

to, or deposited in the Department of Defense Acquisition Workforce 

Development Fund in or for fiscal year 2018 to a military department or Defense Agency pursuant to section 1705(e)(1) of title 

10, United States Code, shall be covered by and subject to sections 

8005 or 9002 of this Act, as applicable. 

SEC. 8088. None of the funds made available by this Act for 

excess defense articles, assistance under section 333 of title 10, 

United States Code, or peacekeeping operations for the countries 

designated annually to be in violation of the standards of the 

Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 

U.S.C. 2370c–1) may be used to support any military training 

or operation that includes child soldiers, as defined by the Child 

Soldiers Prevention Act of 2008, unless such assistance is otherwise 

permitted under section 404 of the Child Soldiers Prevention Act 

of 2008. 

SEC. 8089. (a) None of the funds provided for the National 

Intelligence Program in this or any prior appropriations Act shall 

be available for obligation or expenditure through a reprogramming 

or transfer of funds in accordance with section 102A(d) of the 

National Security Act of 1947 (50 U.S.C. 3024(d)) that— 

(1) creates a new start effort; 

(2) terminates a program with appropriated funding of 

$10,000,000 or more; 

(3) transfers funding into or out of the National Intelligence 

Program; or 

(4) transfers funding between appropriations, 

unless the congressional intelligence committees are notified 30 

days in advance of such reprogramming of funds; this notification 

period may be reduced for urgent national security requirements. 

(b) None of the funds provided for the National Intelligence 

Program in this or any prior appropriations Act shall be available 

for obligation or expenditure through a reprogramming or transfer 

of funds in accordance with section 102A(d) of the National Security 

Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase 

or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees 

are notified 30 days in advance of such reprogramming of funds; 

this notification period may be reduced for urgent national security 

requirements. 

SEC. 8090. The Director of National Intelligence shall submit 

to Congress each year, at or about the time that the President’s 

budget is submitted to Congress that year under section 1105(a) 

of title 31, United States Code, a future-years intelligence program 

(including associated annexes) reflecting the estimated expenditures 

and proposed appropriations included in that budget. Any such 

future-years intelligence program shall cover the fiscal year with 

respect to which the budget is submitted and at least the four 

succeeding fiscal years. 

SEC. 8091. For the purposes of this Act, the term ‘‘congressional 

intelligence committees’’ means the Permanent Select Committee 

on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense 

of the Committee on Appropriations of the House of Representatives, 

and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 

50 USC 3103 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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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 


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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, Guanta ́namo 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, 

Guanta ́namo 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, 

Guanta ́namo 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, Guanta ́namo 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 Guanta ́namo 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 


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of State and the Director of National Intelligence, determines that 

it is in the vital national security interest of the United States 

to do so, and certifies in writing to the congressional defense 

committees that, to the best of the Secretary’s knowledge: 

(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab 

Republic; 

(2) The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of 

Ukraine; and 

(3) Agents of the Russian Federation have ceased taking 

active measures to destabilize the control of the Government 

of Ukraine over eastern Ukraine. 

(c) The Inspector General of the Department of Defense shall 

conduct a review of any action involving Rosoboronexport with 

respect to a waiver issued by the Secretary of Defense pursuant 

to subsection (b), and not later than 90 days after the date on 

which such a waiver is issued by the Secretary of Defense, the 

Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with 

respect to such waiver. 

SEC. 8105. None of the funds made available in this Act may 

be used for the purchase or manufacture of a flag of the United 

States unless such flags are treated as covered items under section 

2533a(b) of title 10, United States Code. 

SEC. 8106. The Secretary of Defense, in consultation with the 

Service Secretaries, shall submit two reports to the congressional 

defense committees, not later than March 1, 2018, and not later 

than September 1, 2018, detailing the submission of records during 

the previous 6 months to databases accessible to the National 

Instant Criminal Background Check System (NICS), including the 

Interstate Identification Index (III), the National Crime Information 

Center (NCIC), and the NICS Index, as required by Public Law 

110–180: Provided, That such reports shall provide the number 

and category of records submitted by month to each such database, 

by Service or Component: Provided further, That such reports shall 

identify the number and category of records submitted by month 

to those databases for which the Identification for Firearm Sales 

(IFFS) flag or other database flags were used to pre-validate the 

records and indicate that such persons are prohibited from receiving 

or possessing a firearm: Provided further, That such reports shall 

describe the steps taken during the previous 6 months, by Service 

or Component, to ensure complete and accurate submission and 

appropriate flagging of records of individuals prohibited from gun 

possession or receipt pursuant to 18 U.S.C. 922(g) or (n) including 

applicable records involving proceedings under the Uniform Code 

of Military Justice. 

SEC. 8107. (a) Of the funds appropriated in this Act for the 

Department of Defense, amounts may be made available, under 

such regulations as the Secretary of Defense may prescribe, to 

local military commanders appointed by the Secretary, or by an 

officer or employee designated by the Secretary, to provide at their 

discretion ex gratia payments in amounts consistent with subsection 

(d) of this section for damage, personal injury, or death that is 

10 USC 2731 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 490 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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. 


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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, Guanta ́namo 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 


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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, DefenseWide’’, $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. 


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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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 496 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 498 PUBLIC LAW 115–141—MAR. 23, 2018 

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: 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 500 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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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 


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Contingency 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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 CounterDrug 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. 


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132 STAT. 504 PUBLIC LAW 115–141—MAR. 23, 2018 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may, with the approval of the Office of Management and Budget, 

transfer up to $2,250,000,000 between the appropriations or funds 

made available to the Department of Defense in this title: Provided, 

That the Secretary shall notify the Congress promptly of each 

transfer made pursuant to the authority in this section: Provided 

further, That the authority provided in this section is in addition 

to any other transfer authority available to the Department of 

Defense and is subject to the same terms and conditions as the 

authority provided in section 8005 of this Act. 

SEC. 9003. Supervision and administration costs and costs for 

design during construction associated with a construction project 

funded with appropriations available for operation and maintenance 

or the ‘‘Afghanistan Security Forces Fund’’ provided in this Act 

and executed in direct support of overseas contingency operations 

in Afghanistan, may be obligated at the time a construction contract 

is awarded: Provided, That, for the purpose of this section, supervision and administration costs and costs for design during construction include all in-house Government costs. 

SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian 

employees of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles 

up to a limit of $75,000 per vehicle; and (2) heavy and light 

armored vehicles for the physical security of personnel or for force 

protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of 

passenger carrying vehicles. 

SEC. 9005. Not to exceed $5,000,000 of the amounts appropriated by this title under the heading ‘‘Operation and Maintenance, 

Army’’ may be used, notwithstanding any other provision of law, 

to fund the Commanders’ Emergency Response Program (CERP), 

for the purpose of enabling military commanders in Afghanistan 

to respond to urgent, small-scale, humanitarian relief and 

reconstruction requirements within their areas of responsibility: 

Provided, That each project (including any ancillary or related 

elements in connection with such project) executed under this 

authority shall not exceed $2,000,000: Provided further, That not 

later than 45 days after the end of each 6 months of the fiscal 

year, the Secretary of Defense shall submit to the congressional 

defense committees a report regarding the source of funds and 

the allocation and use of funds during that 6-month period that 

were made available pursuant to the authority provided in this 

section or under any other provision of law for the purposes 

described herein: Provided further, That, not later than 30 days 

after the end of each fiscal year quarter, the Army shall submit 

to the congressional defense committees quarterly commitment, 

obligation, and expenditure data for the CERP in Afghanistan: 

Provided further, That, not less than 15 days before making funds 

available pursuant to the authority provided in this section or 

under any other provision of law for the purposes described herein 

for a project with a total anticipated cost for completion of $500,000 

or more, the Secretary shall submit to the congressional defense 

committees a written notice containing each of the following: 


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(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 nonDepartment 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 


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$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. 


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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 caseby-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 


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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: 


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(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’’. 


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DIVISION D—ENERGY AND WATER DEVELOPMENT AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2018 

TITLE I 

CORPS OF ENGINEERS—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief 

of Engineers for authorized civil functions of the Department of 

the Army pertaining to river and harbor, flood and storm damage 

reduction, shore protection, aquatic ecosystem restoration, and 

related efforts. 

INVESTIGATIONS

For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed 

studies, and plans and specifications of proposed river and harbor, 

flood and storm damage reduction, shore protection, and aquatic 

ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed 

studies, and plans and specifications of projects prior to construction, $123,000,000, to remain available until expended: Provided, 

That the Secretary shall initiate six new study starts during fiscal 

year 2018: Provided further, That the new study starts shall consist 

of five studies where the majority of the benefits are derived from 

navigation transportation savings or from flood and storm damage 

reduction and one study where the majority of benefits are derived 

from environmental restoration: Provided further, That the Secretary shall not deviate from the new starts proposed in the work 

plan, once the plan has been submitted to the Committees on 

Appropriations of both Houses of Congress. 

CONSTRUCTION

For expenses necessary for the construction of river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for 

conducting detailed studies, and plans and specifications, of such 

projects (including those involving participation by States, local 

governments, or private groups) authorized or made eligible for 

selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to 

construction); $2,085,000,000, to remain available until expended; 

of which such sums as are necessary to cover the Federal share 

of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of 

which such sums as are necessary to cover one-half of the costs 

of construction, replacement, rehabilitation, and expansion of inland 

Energy and 

Water 

Development and 

Related Agencies 

Appropriations 

Act, 2018. 


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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, 


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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 


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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 


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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 PRO- GRAM.—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 


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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: 


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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 


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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 


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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. 


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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 


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expended: Provided, That of such amount, $80,000,000 shall be 

available until September 30, 2019, for program direction. 

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

For Department of Energy expenses necessary in carrying out 

fossil energy research and development activities, under the 

authority of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility 

or for plant or facility acquisition or expansion, and for conducting 

inquiries, technological investigations and research concerning the 

extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, 

and 1603), $726,817,000, to remain available until expended: Provided, That of such amount $60,000,000 shall be available until 

September 30, 2019, for program direction. 

NAVAL PETROLEUM AND OIL SHALE RESERVES

For Department of Energy expenses necessary to carry out 

naval petroleum and oil shale reserve activities, $4,900,000, to 

remain available until expended: Provided, That notwithstanding 

any other provision of law, unobligated funds remaining from prior 

years shall be available for all naval petroleum and oil shale reserve 

activities. 

STRATEGIC PETROLEUM RESERVE

For Department of Energy expenses necessary for Strategic 

Petroleum Reserve facility development and operations and program 

management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $252,000,000, to remain available 

until expended: Provided, That, as authorized by section 404 of 

the Bipartisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 

6239 note), the Secretary of Energy shall draw down and sell 

not to exceed $350,000,000 of crude oil from the Strategic Petroleum 

Reserve in fiscal year 2018: Provided further, That the proceeds 

from such drawdown and sale shall be deposited into the ‘‘Energy 

Security and Infrastructure Modernization Fund’’ during fiscal year 

2018: Provided further, That such amounts shall remain available 

until expended for necessary expenses to carry out the Life Extension II project for the Strategic Petroleum Reserve: Provided further, 

That section 158 of the Continuing Appropriations Act, 2018 (division D of Public Law 115–56), as amended by the Further Extension 

of Continuing Appropriations Act, 2018 (subdivision 3 of division 

B of Public Law 115–123), shall no longer apply. 

SPR PETROLEUM ACCOUNT

For the acquisition, transportation, and injection of petroleum 

products, and for other necessary expenses pursuant to the Energy 

Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 

et seq.), sections 403 and 404 of the Bipartisan Budget Act of 

2015 (42 U.S.C. 6241, 6239 note), and section 5010 of the 21st 

Century Cures Act (Public Law 114–255), $8,400,000, to remain 

available until expended. 

42 USC 6241 

note. 


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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. 


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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 


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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 


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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 


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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 


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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, 


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and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds 

shall be available without further appropriation and without fiscal 

year limitation for use by the Commissioner of the United States 

Section of the International Boundary and Water Commission for 

the sole purpose of operating, maintaining, repairing, rehabilitating, 

replacing, or upgrading the hydroelectric facilities at these Dams 

in accordance with agreements reached between the Administrator, 

Commissioner, and the power customers. 

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Energy Regulatory 

Commission to carry out the provisions of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including services as 

authorized by 5 U.S.C. 3109, official reception and representation 

expenses not to exceed $3,000, and the hire of passenger motor 

vehicles, $367,600,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed $367,600,000 of revenues from fees and annual charges, 

and other services and collections in fiscal year 2018 shall be 

retained and used for expenses necessary in this account, and 

shall remain available until expended: Provided further, That the 

sum herein appropriated from the general fund shall be reduced 

as revenues are received during fiscal year 2018 so as to result 

in a final fiscal year 2018 appropriation from the general fund 

estimated at not more than $0. 

GENERAL PROVISIONS—DEPARTMENT OF ENERGY 

(INCLUDING TRANSFERS OF FUNDS)

SEC. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used 

to initiate or resume any program, project, or activity or to prepare 

or initiate Requests For Proposals or similar arrangements 

(including Requests for Quotations, Requests for Information, and 

Funding Opportunity Announcements) for a program, project, or 

activity if the program, project, or activity has not been funded 

by Congress. 

(b)(1) Unless the Secretary of Energy notifies the Committees 

on Appropriations of both Houses of Congress at least 3 full business 

days in advance, none of the funds made available in this title 

may be used to— 

(A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; 

(B) make a discretionary contract award or Other Trans- action 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). 

42 USC 7171 

note. 


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(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 


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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 


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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 


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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 nonFederal 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. 


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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 


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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 


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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 


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authority whereby a department, agency, or instrumentality of the 

United States Government may provide goods or services to another 

department, agency, or instrumentality, used in the previous 6 

months and in the year-to-date. This report shall include the 

amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. 

SEC. 503. None of the funds made available by this Act may 

be used in contravention of Executive Order No. 12898 of February 

11, 1994 (Federal Actions to Address Environmental Justice in 

Minority Populations and Low-Income Populations). 

SEC. 504. (a) None of the funds made available in this Act 

may be used to maintain or establish a computer network unless 

such network blocks the viewing, downloading, and exchanging 

of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency 

or any other entity carrying out criminal investigations, prosecution, 

or adjudication activities. 

This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2018’’. 

DIVISION E—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2018 

TITLE I 

DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

For necessary expenses of the Departmental Offices including 

operation and maintenance of the Treasury Building and Freedman’s Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial 

insurance policies for, real properties leased or owned overseas, 

when necessary for the performance of official business; executive 

direction program activities; international affairs and economic 

policy activities; domestic finance and tax policy activities, including 

technical assistance to Puerto Rico; and Treasury-wide management 

policies and programs activities, $201,751,000: Provided, That of 

the amount appropriated under this heading— (1) not to exceed $350,000 is for official reception and 

representation expenses; (2) not to exceed $258,000 is for unforeseen emergencies 

of a confidential nature to be allocated and expended under 

the direction of the Secretary of the Treasury and to be 

accounted for solely on the Secretary’s certificate; and (3) not to exceed $24,000,000 shall remain available until 

September 30, 2019, for— 

(A) the Treasury-wide Financial Statement Audit and 

Internal Control Program; 

(B) information technology modernization requirements; 

(C) the audit, oversight, and administration of the 

Gulf Coast Restoration Trust Fund; 

Financial 

Services and 

General 

Government 

Appropriations 

Act, 2018. 

Department of 

the Treasury 

Appropriations 

Act, 2018. 


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(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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 538 PUBLIC LAW 115–141—MAR. 23, 2018 

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.). 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 540 PUBLIC LAW 115–141—MAR. 23, 2018 

a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community 

development financial institutions for the purpose of offering 

affordable financing and technical assistance to expand the 

availability of healthy food options in distressed communities; (5) up to $27,000,000 is available until September 30, 2018, 

for administrative expenses, including administration of CDFI 

fund programs and the New Markets Tax Credit Program, 

of which not less than $1,000,000 is for development of tools 

to better assess and inform CDFI investment performance, 

and up to $300,000 is for administrative expenses to carry 

out the direct loan program; and 

(6) during fiscal year 2018, none of the funds available 

under this heading are available for the cost, as defined in 

section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of 

the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That commitments to guarantee bonds and notes under such section 114A 

shall not exceed $500,000,000: Provided further, That such 

section 114A shall remain in effect until December 31, 2018: 

Provided further, That of the funds awarded under this heading, 

not less than 10 percent shall be used for awards that support 

investments that serve populations living in persistent poverty 

counties: Provided further, That for the purposes of this section, 

the term ‘‘persistent poverty counties’’ means any county that 

has had 20 percent or more of its population living in poverty 

over the past 30 years, as measured by the 1990 and 2000 

decennial censuses and the 2011–2015 5-year data series available from the American Community Survey of the Census 

Bureau. 

INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

For necessary expenses of the Internal Revenue Service to 

provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and 

other services as authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Commissioner, $2,506,554,000, of which 

not less than $9,890,000 shall be for the Tax Counseling for the 

Elderly Program, of which not less than $12,000,000 shall be available for low-income taxpayer clinic grants, and of which not less 

than $15,000,000, to remain available until September 30, 2019, 

shall be available for a Community Volunteer Income Tax Assistance matching grants program for tax return preparation assistance, of which not less than $206,000,000 shall be available for 

operating expenses of the Taxpayer Advocate Service: Provided, That of the amounts made available for the Taxpayer Advocate 

Service, not less than $5,500,000 shall be for identity theft casework. 

ENFORCEMENT

For necessary expenses for tax enforcement activities of the 

Internal Revenue Service to determine and collect owed taxes, to 

provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal 

12 USC 4713a 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 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 busi- ness systems modernization program, $110,000,000, to remain available until September 30, 2020, for the capital asset acquisition 

of information technology systems, including management and 

related contractual costs of said acquisitions, including related 

Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That 

not later than 30 days after the end of each quarter, the Internal 

Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and 

the Comptroller General of the United States detailing the cost 

and schedule performance for major information technology investments, including the purposes and life-cycle stages of the investments; the reasons for any cost and schedule variances; the risks 

26 USC 7801 

note. 

26 USC 7801 

note. 


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132 STAT. 542 PUBLIC LAW 115–141—MAR. 23, 2018 

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/ 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 544 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 546 PUBLIC LAW 115–141—MAR. 23, 2018 

This title may be cited as the ‘‘Department of the Treasury 

Appropriations Act, 2018’’. 

TITLE II 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

THE WHITE HOUSE

SALARIES AND EXPENSES

For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized 

by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted 

for as provided in that section; hire of passenger motor vehicles, 

and travel (not to exceed $100,000 to be expended and accounted 

for as provided by 3 U.S.C. 103); and not to exceed $19,000 for 

official reception and representation expenses, to be available for 

allocation within the Executive Office of the President; and for 

necessary expenses of the Office of Policy Development, including 

services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 

$55,000,000. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For necessary expenses of the Executive Residence at the White 

House, $12,917,000, to be expended and accounted for as provided 

by 3 U.S.C. 105, 109, 110, and 112–114. 

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at 

the White House, such sums as may be necessary: Provided, That 

all reimbursable operating expenses of the Executive Residence 

shall be made in accordance with the provisions of this paragraph: 

Provided further, That, notwithstanding any other provision of law, 

such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and 

to receive offsetting collections, for such expenses: Provided further, 

That the Executive Residence shall require each person sponsoring 

a reimbursable political event to pay in advance an amount equal 

to the estimated cost of the event, and all such advance payments 

shall be credited to this account and remain available until 

expended: Provided further, That the Executive Residence shall 

require the national committee of the political party of the President 

to maintain on deposit $25,000, to be separately accounted for 

and available for expenses relating to reimbursable political events 

sponsored by such committee during such fiscal year: Provided 

further, That the Executive Residence shall ensure that a written 

notice of any amount owed for a reimbursable operating expense 

under this paragraph is submitted to the person owing such amount 

within 60 days after such expense is incurred, and that such amount 

is collected within 30 days after the submission of such notice: 

Provided further, That the Executive Residence shall charge interest 

Executive Office 

of the President 

Appropriations 

Act, 2018. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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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, 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 549 

or public organizations or agencies, with or without reimbursement, 

$18,400,000: Provided, That the Office is authorized to accept, hold, 

administer, and utilize gifts, both real and personal, public and 

private, without fiscal year limitation, for the purpose of aiding 

or facilitating the work of the Office. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of National Drug Control 

Policy’s High Intensity Drug Trafficking Areas Program, 

$280,000,000, to remain available until September 30, 2019, for 

drug control activities consistent with the approved strategy for 

each of the designated High Intensity Drug Trafficking Areas 

(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred 

to State and local entities for drug control activities and shall 

be obligated not later than 120 days after enactment of this Act: 

Provided, That up to 49 percent may be transferred to Federal 

agencies and departments in amounts determined by the Director 

of the Office of National Drug Control Policy, of which up to 

$2,700,000 may be used for auditing services and associated activities: Provided further, That, notwithstanding the requirements of 

Public Law 106–58, any unexpended funds obligated prior to fiscal 

year 2016 may be used for any other approved activities of that 

HIDTA, subject to reprogramming requirements: Provided further, 

That each HIDTA designated as of September 30, 2017, shall be 

funded at not less than the fiscal year 2017 base level, unless 

the Director submits to the Committees on Appropriations of the 

House of Representatives and the Senate justification for changes 

to those levels based on clearly articulated priorities and published 

Office of National Drug Control Policy performance measures of 

effectiveness: Provided further, That the Director shall notify the 

Committees on Appropriations of the initial allocation of fiscal 

year 2018 funding among HIDTAs not later than 45 days after 

enactment of this Act, and shall notify the Committees of planned 

uses of discretionary HIDTA funding, as determined in consultation 

with the HIDTA Directors, not later than 90 days after enactment 

of this Act: Provided further, That upon a determination that all 

or part of the funds so transferred from this appropriation are 

not necessary for the purposes provided herein and upon notification 

to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to 

this appropriation. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For other drug control activities authorized by the Office of 

National Drug Control Policy Reauthorization Act of 2006 (Public 

Law 109–469), $117,093,000, to remain available until expended, 

which shall be available as follows: $99,000,000 for the Drug-Free 

Communities Program, of which $2,000,000 shall be made available 

as directed by section 4 of Public Law 107–82, as amended by 

Public Law 109–469 (21 U.S.C. 1521 note); $2,000,000 for drug 

21 USC 1702 

note. 


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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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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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-fiscalyear period beginning in fiscal year 2018. 

(c) If an Executive order or Presidential memorandum is issued 

during fiscal year 2018 due to a national emergency, the Director 

of the Office of Management and Budget may issue the statement 

required by subsection (a) not later than 15 days after the date 

that such order or memorandum is issued. 

(d) The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to 

have a regulatory cost in excess of $100,000,000. 

This title may be cited as the ‘‘Executive Office of the President 

Appropriations Act, 2018’’. 

TITLE III 

THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court, 

as required by law, excluding care of the building and grounds, 

including hire of passenger motor vehicles as authorized by 31 

U.S.C. 1343 and 1344; not to exceed $10,000 for official reception 

and representation expenses; and for miscellaneous expenses, to 

be expended as the Chief Justice may approve, $82,028,000, of 

which $1,500,000 shall remain available until expended. 

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and 

associate justices of the court. 

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the 

Architect of the Capitol to carry out the duties imposed upon 

the Architect by 40 U.S.C. 6111 and 6112, $16,153,000, to remain 

available until expended. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of officers and employees, and for necessary 

expenses of the court, as authorized by law, $31,291,000. 

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and 

judges of the court. 

Judiciary 

Appropriations 

Act, 2018. 


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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. 


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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. 


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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 


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132 STAT. 556 PUBLIC LAW 115–141—MAR. 23, 2018 

(2) in the sixth sentence (relating to the District of Hawaii), 

by striking ‘‘21 years and 6 months’’ and inserting ‘‘24 years 

and 6 months’’. 

(b) Section 406 of the Transportation, Treasury, Housing and 

Urban Development, the Judiciary, the District of Columbia, and 

Independent Agencies Appropriations Act, 2006 (Public Law 109– 

115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second 

sentence (relating to the eastern District of Missouri) by striking 

‘‘24 years and 6 months’’ and inserting ‘‘25 years and 6 months’’. 

(c) Section 312(c)(2) of the 21st Century Department of Justice 

Appropriations Authorization Act (Public Law 107–273; 28 U.S.C. 

133 note), is amended— 

(1) in the first sentence by striking ‘‘15 years’’ and inserting 

‘‘16 years’’; 

(2) in the second sentence (relating to the central District 

of California), by striking ‘‘14 years and 6 months’’ and inserting 

‘‘15 years and 6 months’’; and 

(3) in the third sentence (relating to the western district 

of North Carolina), by striking ‘‘13 years’’ and inserting ‘‘14 

years’’. 

SEC. 307. (a) Section 1871(b) of title 28, United States Code, 

is amended in paragraph (1) by striking ‘‘$40’’ and inserting ‘‘$50’’. 

(b) EFFECTIVE DATE.—The amendment made in subsection (a) 

shall take effect 45 days after the date of enactment of this Act. 

This title may be cited as the ‘‘Judiciary Appropriations Act, 

2018’’. 

TITLE IV 

DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be 

deposited into a dedicated account, for a nationwide program to 

be administered by the Mayor, for District of Columbia resident 

tuition support, $40,000,000, to remain available until expended: 

Provided, That such funds, including any interest accrued thereon, 

may be used on behalf of eligible District of Columbia residents 

to pay an amount based upon the difference between in-State and 

out-of-State tuition at public institutions of higher education, or 

to pay up to $2,500 each year at eligible private institutions of 

higher education: Provided further, That the awarding of such funds 

may be prioritized on the basis of a resident’s academic merit, 

the income and need of eligible students and such other factors 

as may be authorized: Provided further, That the District of 

Columbia government shall maintain a dedicated account for the 

Resident Tuition Support Program that shall consist of the Federal 

funds appropriated to the Program in this Act and any subsequent 

appropriations, any unobligated balances from prior fiscal years, 

and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of 

Columbia Chief Financial Officer, who shall use those funds solely 

for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial 

Officer shall provide a quarterly financial report to the Committees 

District of 

Columbia 

Appropriations 

Act, 2018. 

28 USC 1871 

note. 


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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 


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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, 


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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 


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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 


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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 


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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 


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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.— 


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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 


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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 


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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. 


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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). 


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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— 


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(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 


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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; agencywide 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. 


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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. 


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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 


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the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall 

provide an explanatory statement to each of such committees and 

the Committees on Appropriations of the House of Representatives 

and the Senate prior to exercising any lease authority provided 

in the resolution. 

SEC. 526. With respect to each project funded under the heading 

‘‘Major Repairs and Alterations’’ or ‘‘Judiciary Capital Security Program’’, and with respect to E-Government projects funded under 

the heading ‘‘Federal Citizen Services Fund’’, the Administrator 

of General Services shall submit a spending plan and explanation 

for each project to be undertaken to the Committees on Appropriations of the House of Representatives and the Senate not later 

than 60 days after the date of enactment of this Act. 

SEC. 527. Section 16 of the Federal Assets Sale and Transfer 

Act of 2016 (Public Law 114–287) is amended— 

(1) by inserting the following at the end of subparagraph 

(a)(1): ‘‘The Account shall be under the custody and control 

of the Chairperson of the Board and deposits in the Account 

shall remain available until expended.’’; 

(2) by striking subparagraph (b)(1) and inserting in lieu 

thereof the following: 

‘‘(1) ESTABLISHMENT.—There is established in the Treasury 

of the United States an account to be known as the ‘Public 

Buildings Reform Board—Asset Proceeds and Space Management Fund’ (in this subsection referred to as the ‘Fund’). The 

Fund shall be under the custody and control of the Administrator of General Services and deposits in the Fund shall 

remain available until expended.’’. 

HARRY S TRUMAN SCHOLARSHIP FOUNDATION

SALARIES AND EXPENSES

For payment to the Harry S Truman Scholarship Foundation 

Trust Fund, established by section 10 of Public Law 93–642, 

$1,000,000, to remain available until expended. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit 

Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the 

Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including 

services as authorized by 5 U.S.C. 3109, rental of conference rooms 

in the District of Columbia and elsewhere, hire of passenger motor 

vehicles, direct procurement of survey printing, and not to exceed 

$2,000 for official reception and representation expenses, 

$44,490,000, to remain available until September 30, 2019, and 

in addition not to exceed $2,345,000, to remain available until 

September 30, 2019, for administrative expenses to adjudicate 

40 USC 1303 

note. 


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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. 


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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 pro- gram 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 


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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 


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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. 


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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 


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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 


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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 


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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. 


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132 STAT. 582 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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 


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(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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 586 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent 

or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a 

provision of law that expressly refers to the Inspector General 

and expressly limits the Inspector General’s right of access. A 

department or agency covered by this section shall provide its 

Inspector General with access to all such records, documents, and 

other materials in a timely manner. Each Inspector General shall 

ensure compliance with statutory limitations on disclosure relevant 

to the information provided by the establishment over which that 

Inspector General has responsibilities under the Inspector General 

Act of 1978. Each Inspector General covered by this section shall 

report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures 

to comply with this requirement. 

SEC. 629. (a) None of the funds made available in this Act 

may be used to maintain or establish a computer network unless 

such network blocks the viewing, downloading, and exchanging 

of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency 

or any other entity carrying out criminal investigations, prosecution, 

adjudication activities, or other law enforcement- or victim assistance-related activity. 

SEC. 630. Section 633(a) of title VI of division E of the Consolidated Appropriations Act, 2017 (Public Law 115–31) is amended— 

(1) by inserting ‘‘and’’ at the end of paragraph (1); 

(2) by striking paragraph (2); and 

(3) by redesignating paragraph (3) as paragraph (2). 

SEC. 631. None of the funds made available by this Act shall 

be used by the Securities and Exchange Commission to finalize, 

issue, or implement any rule, regulation, or order regarding the 

disclosure of political contributions, contributions to tax exempt 

organizations, or dues paid to trade associations. 

SEC. 632. (a) The United States courthouse located at 501 

East Court Street in Jackson, Mississippi, shall be known and 

designated as the ‘‘Thad Cochran United States Courthouse’’. 

(b) Any reference in a law, map, regulation, document, paper, 

or other record of the United States to the United States courthouse 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Thad Cochran United States Courthouse’’. 

TITLE VII 

GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 701. No department, agency, or instrumentality of the 

United States receiving appropriated funds under this or any other 

Act for fiscal year 2018 shall obligate or expend any such funds, 

unless such department, agency, or instrumentality has in place, 

and will continue to administer in good faith, a written policy 

designed to ensure that all of its workplaces are free from the 

illegal use, possession, or distribution of controlled substances (as 

131 Stat. 376. 


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132 STAT. 588 PUBLIC LAW 115–141—MAR. 23, 2018 

defined in the Controlled Substances Act (21 U.S.C. 802)) by the 

officers and employees of such department, agency, or instrumentality. 

SEC. 702. Unless otherwise specifically provided, the maximum 

amount allowable during the current fiscal year in accordance with 

subsection 1343(c) of title 31, United States Code, for the purchase 

of any passenger motor vehicle (exclusive of buses, ambulances, 

law enforcement vehicles, protective vehicles, and undercover 

surveillance vehicles), is hereby fixed at $19,947 except station 

wagons for which the maximum shall be $19,997: Provided, That 

these limits may be exceeded by not to exceed $7,250 for policetype 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-ofliving allowances, in accordance with 5 U.S.C. 5922–5924. 

SEC. 704. Unless otherwise specified in law during the current 

fiscal year, no part of any appropriation contained in this or any 

other Act shall be used to pay the compensation of any officer 

or employee of the Government of the United States (including 

any agency the majority of the stock of which is owned by the 

Government of the United States) whose post of duty is in the 

continental United States unless such person: (1) is a citizen of 

the United States; (2) is a person who is lawfully admitted for 

permanent residence and is seeking citizenship as outlined in 8 

U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee 

under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 

and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person 

who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall 

be considered prima facie evidence that the requirements of this 

section with respect to his or her status are being complied with: 

Provided further, That for purposes of subsections (2) and (3) such 

affidavits shall be submitted prior to employment and updated 

thereafter as necessary: Provided further, That any person making 

a false affidavit shall be guilty of a felony, and upon conviction, 

shall be fined no more than $4,000 or imprisoned for not more 

than 1 year, or both: Provided further, That the above penal clause 

shall be in addition to, and not in substitution for, any other 

provisions of existing law: Provided further, That any payment 

made to any officer or employee contrary to the provisions of this 

section shall be recoverable in action by the Federal Government: 

Provided further, That this section shall not apply to any person 

who is an officer or employee of the Government of the United 

5 USC 3101 note. 

31 USC 1343 

note. 


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States on the date of enactment of this Act, or to international 

broadcasters employed by the Broadcasting Board of Governors, 

or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of 

emergencies: Provided further, That this section does not apply 

to the employment as Wildland firefighters for not more than 120 

days of nonresident aliens employed by the Department of the 

Interior or the USDA Forest Service pursuant to an agreement 

with another country. 

SEC. 705. Appropriations available to any department or agency 

during the current fiscal year for necessary expenses, including 

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space 

and services and those expenses of renovation and alteration of 

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 

Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 

216), or other applicable law. 

SEC. 706. In addition to funds provided in this or any other 

Act, all Federal agencies are authorized to receive and use funds 

resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling 

or waste prevention programs. Such funds shall be available until 

expended for the following purposes: 

(1) Acquisition, waste reduction and prevention, and 

recycling programs as described in Executive Order No. 13693 

(March 19, 2015), including any such programs adopted prior 

to the effective date of the Executive order. 

(2) Other Federal agency environmental management programs, including, but not limited to, the development and 

implementation of hazardous waste management and pollution 

prevention programs. 

(3) Other employee programs as authorized by law or as 

deemed appropriate by the head of the Federal agency. 

SEC. 707. Funds made available by this or any other Act for 

administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States 

Code, shall be available, in addition to objects for which such 

funds are otherwise available, for rent in the District of Columbia; 

services in accordance with 5 U.S.C. 3109; and the objects specified 

under this head, all the provisions of which shall be applicable 

to the expenditure of such funds unless otherwise specified in 

the Act by which they are made available: Provided, That in the 

event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations 

on administrative expenses shall be correspondingly reduced. 

SEC. 708. No part of any appropriation contained in this or 

any other Act shall be available for interagency financing of boards 

(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) 

which do not have a prior and specific statutory approval to receive 

financial support from more than one agency or instrumentality. 

SEC. 709. None of the funds made available pursuant to the 

provisions of this or any other Act shall be used to implement, 

administer, or enforce any regulation which has been disapproved 

pursuant to a joint resolution duly adopted in accordance with 

the applicable law of the United States. 

5 USC 3101 note. 


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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 


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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 


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132 STAT. 592 PUBLIC LAW 115–141—MAR. 23, 2018 

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 multiagency 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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 594 PUBLIC LAW 115–141—MAR. 23, 2018 

(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.— 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) 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— 

5 USC 5343 note. 


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132 STAT. 596 PUBLIC LAW 115–141—MAR. 23, 2018 

(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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) 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 localitybased 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. 

5 USC 5303 note. 


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(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 higherlevel 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. 


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(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 


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132 STAT. 600 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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; 


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(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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 604 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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(e) This section shall not apply to a project or activity during 

any period of fiscal year 2019 if any other provision of law (other 

than an authorization of appropriations)— 

(1) makes an appropriation, makes funds available, or 

grants authority for such project or activity to continue for 

such period; or 

(2) specifically provides that no appropriation shall be 

made, no funds shall be made available, or no authority shall 

be granted for such project or activity to continue for such 

period. 

(f) Nothing in this section shall be construed to affect obligations 

of the government of the District of Columbia mandated by other 

law. 

SEC. 817. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in this title or in title IV shall be treated 

as referring only to the provisions of this title or of title IV. 

This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2018’’. 

DIVISION F—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2018 

TITLE I 

DEPARTMENTAL MANAGEMENT, OPERATIONS, 

INTELLIGENCE, AND OVERSIGHT 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

OPERATIONS AND SUPPORT

For necessary expenses of the Office of the Secretary and for 

executive management for operations and support, $139,602,000: 

Provided, That not to exceed $30,000 shall be for official reception 

and representation expenses: Provided further, That of the funds 

provided under this heading, $2,000,000 shall be withheld from 

obligation until the Secretary complies with section 107 of this 

Act. 

MANAGEMENT DIRECTORATE

OPERATIONS AND SUPPORT

For necessary expenses of the Management Directorate for 

operations and support, $710,297,000, of which $227,516,000 shall 

remain available until September 30, 2019: Provided, That not 

to exceed $2,000 shall be for official reception and representation 

expenses. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Management Directorate for 

procurement, construction, and improvements, $29,569,000, to 

remain available until September 30, 2019. 

Department of 

Homeland 

Security 

Appropriations 

Act, 2018. 


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RESEARCH AND DEVELOPMENT

For necessary expenses of the Management Directorate for 

research and development, $2,545,000, to remain available until 

September 30, 2019. 

INTELLIGENCE, ANALYSIS, AND OPERATIONS COORDINATION

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Intelligence and Analysis 

and the Office of Operations Coordination for operations and support, $245,905,000, of which $77,915,000 shall remain available 

until September 30, 2019: Provided, That not to exceed $3,825 

shall be for official reception and representation expenses and not 

to exceed $2,000,000 is available for facility needs associated with 

secure space at fusion centers, including improvements to buildings. 

OFFICE OF INSPECTOR GENERAL

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Inspector General for 

operations and support, $168,000,000: Provided, That not to exceed 

$300,000 may be used for certain confidential operational expenses, 

including the payment of informants, to be expended at the direction 

of the Inspector General. 

ADMINISTRATIVE PROVISIONS

SEC. 101. Hereafter, the Secretary of Homeland Security shall 

submit to the Committees on Appropriations of the Senate and 

the House of Representatives, at the time the President’s budget 

proposal is submitted pursuant to section 1105(a) of title 31, United 

States Code, the Future Years Homeland Security Program, as 

authorized by section 874 of the Homeland Security Act of 2002 

(6 U.S.C. 454). 

SEC. 102. Not later than 30 days after the last day of each 

month, the Chief Financial Officer of the Department of Homeland 

Security shall submit to the Committees on Appropriations of the 

Senate and the House of Representatives a monthly budget and 

staffing report that includes total obligations of the Department 

for that month and for the fiscal year at the appropriation and 

program, project, and activity levels, by the source year of the 

appropriation. 

SEC. 103. (a) Notwithstanding section 518 of division F of 

the Consolidated Appropriations Act, 2016 (Public Law 114–113), 

the Secretary of Homeland Security shall submit a report not later 

than October 15, 2018, to the Inspector General of the Department 

of Homeland Security listing all grants and contracts awarded 

by any means other than full and open competition during fiscal 

years 2017 and 2018. 

(b) The Inspector General shall review the report required 

by subsection (a) to assess departmental compliance with applicable 

laws and regulations and report the results of that review to the 

Committees on Appropriations of the Senate and the House of 

Representatives not later than February 15, 2019. 

6 USC 454 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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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 


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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-fordollar 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 Adminis- tration 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 


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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 


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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. 


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132 STAT. 612 PUBLIC LAW 115–141—MAR. 23, 2018 

RESEARCH AND DEVELOPMENT

For necessary expenses of the United States Secret Service for research and development, $250,000, to remain available until 

September 30, 2019. 

ADMINISTRATIVE PROVISIONS

SEC. 201. (a) For fiscal year 2018, the overtime limitation 

prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 

U.S.C. 267(c)(1)) shall be $45,000; and notwithstanding any other 

provision of law, none of the funds appropriated by this Act shall 

be available to compensate any employee of U.S. Customs and 

Border Protection for overtime, from whatever source, in an amount 

that exceeds such limitation, except in individual cases determined 

by the Secretary of Homeland Security, or the designee of the 

Secretary, to be necessary for national security purposes, to prevent 

excessive costs, or in cases of immigration emergencies. 

(b) None of the funds made available by this Act for the following accounts shall be available to compensate any employee 

for overtime in an annual amount in excess of $45,000: 

(1) ‘‘U.S. Immigration and Customs Enforcement—Operations and Support’’, except that the Secretary of Homeland 

Security, or the designee of the Secretary, may waive such 

amount as necessary for national security purposes and in 

cases of immigration emergencies. 

(2) ‘‘United States Secret Service—Operations and Support’’, except that the Secretary of Homeland Security, or the 

designee of the Secretary, may waive such amount as necessary 

for national security purposes. 

SEC. 202. Funding made available under the heading ‘‘U.S. 

Customs and Border Protection—Operations and Support’’ and ‘‘U.S. 

Customs and Border Protection—Procurement, Construction, and 

Improvements’’ shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions 

in Puerto Rico in addition to funding provided by 48 U.S.C. 740. 

SEC. 203. Hereafter, no U.S. Customs and Border Protection 

aircraft or other related equipment, with the exception of aircraft 

that are one of a kind and have been identified as excess to 

U.S. Customs and Border Protection requirements and aircraft that 

have been damaged beyond repair, shall be transferred to any 

other Federal agency, department, or office outside of the Department of Homeland Security without prior notice to the Committees 

on Appropriations of the Senate and the House of Representatives. 

SEC. 204. As authorized by section 601(b) of the United StatesColombia 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 

6 USC 211 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 vesselinspection 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 


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132 STAT. 614 PUBLIC LAW 115–141—MAR. 23, 2018 

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 agencywide 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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 616 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 decisionmaking 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 


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132 STAT. 618 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 619 

OFFICE OF HEALTH AFFAIRS

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Health Affairs for oper- ations 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. 


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(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; 


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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 


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132 STAT. 622 PUBLIC LAW 115–141—MAR. 23, 2018 

(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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 624 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 626 PUBLIC LAW 115–141—MAR. 23, 2018 

(c) Up to 5 percent of any appropriation made available for 

the current fiscal year for the Department of Homeland Security 

by this Act or provided by previous appropriations Acts may be 

transferred between such appropriations if the Committees on 

Appropriations of the Senate and the House of Representatives 

are notified at least 30 days in advance of such transfer, but 

no such appropriation, except as otherwise specifically provided, 

shall be increased by more than 10 percent by such transfer. 

(d) Notwithstanding subsections (a), (b), and (c), no funds shall 

be reprogrammed within or transferred between appropriations 

based upon an initial notification provided after June 30, except 

in extraordinary circumstances that imminently threaten the safety 

of human life or the protection of property. 

(e) The notification thresholds and procedures set forth in subsections (a), (b), (c), and (d) shall apply to any use of deobligated 

balances of funds provided in previous Department of Homeland 

Security Appropriations Acts. 

(f) Notwithstanding subsection (c), the Secretary of Homeland 

Security may transfer to the fund established by 8 U.S.C. 1101 

note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided, That the Secretary shall 

notify the Committees on Appropriations of the Senate and the 

House of Representatives at least 5 days in advance of such transfer. 

SEC. 504. Section 504 of the Department of Homeland Security 

Appropriations Act, 2017 (division F of Public Law 115–31), related 

to the operations of a working capital fund, shall apply with respect 

to funds made available in this Act in the same manner as such 

section applied to funds made available in that Act. 

SEC. 505. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2018, as recorded in the financial records 

at the time of a reprogramming notification, but not later than 

June 30, 2019, from appropriations for ‘‘Operations and Support’’ 

and for ‘‘Coast Guard—Operating Expenses’’, and salaries and 

expenses for ‘‘Coast Guard—Acquisition, Construction, and Improvements’’ and ‘‘Coast Guard—Reserve Training’’ for fiscal year 2018 

in this Act shall remain available through September 30, 2019, 

in the account and for the purposes for which the appropriations 

were provided: Provided, That prior to the obligation of such funds, 

a notification shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives in accordance 

with section 503 of this Act. 

SEC. 506. Funds made available by this Act for intelligence 

activities are deemed to be specifically authorized by the Congress 

for purposes of section 504 of the National Security Act of 1947 

(50 U.S.C. 414) during fiscal year 2018 until the enactment of 

an Act authorizing intelligence activities for fiscal year 2018. 

SEC. 507. (a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives at least 

3 full business days in advance of— 

(1) making or awarding a grant allocation, grant, contract, 

other transaction agreement, or task or delivery order on a 

Department of Homeland Security multiple award contract, 

or to issue a letter of intent totaling in excess of $1,000,000; 

31 USC 501 note. 


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(2) awarding a task or delivery order requiring an obliga- tion 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 


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132 STAT. 628 PUBLIC LAW 115–141—MAR. 23, 2018 

the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly 

authorized by the Congress. 

SEC. 515. None of the funds made available in this Act may 

be used for planning, testing, piloting, or developing a national 

identification card. 

SEC. 516. Any official that is required by this Act to report 

or to certify to the Committees on Appropriations of the Senate 

and the House of Representatives may not delegate such authority 

to perform that act unless specifically authorized herein. 

SEC. 517. None of the funds appropriated or otherwise made 

available in this or any other Act may be used to transfer, release, 

or assist in the transfer or release to or within the United States, 

its territories, or possessions Khalid Sheikh Mohammed or any 

other detainee who— 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

(2) is or was held on or after June 24, 2009, at the United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 518. None of the funds made available in this Act may 

be used for first-class travel by the employees of agencies funded 

by this Act in contravention of sections 301–10.122 through 301– 

10.124 of title 41, Code of Federal Regulations. 

SEC. 519. None of the funds made available in this Act may 

be used to employ workers described in section 274A(h)(3) of the 

Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). 

SEC. 520. Notwithstanding any other provision of this Act, 

none of the funds appropriated or otherwise made available by 

this Act may be used to pay award or incentive fees for contractor 

performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements 

of a contract. 

SEC. 521. Hereafter, in developing any process to screen aviation passengers and crews for transportation or national security 

purposes, the Secretary of Homeland Security shall ensure that 

all such processes take into consideration such passengers’ and 

crews’ privacy and civil liberties consistent with applicable laws, 

regulations, and guidance. 

SEC. 522. None of the funds appropriated or otherwise made 

available by this Act may be used by the Department of Homeland 

Security to enter into any Federal contract unless such contract 

is entered into in accordance with the requirements of subtitle 

I of title 41, United States Code, or chapter 137 of title 10, United 

States Code, and the Federal Acquisition Regulation, unless such 

contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes. 

SEC. 523. (a) For an additional amount for financial systems 

modernization, $41,800,000, to remain available until September 

30, 2019. 

(b) Funds made available in subsection (a) for financial systems 

modernization may be transferred by the Secretary of Homeland 

Security between appropriations for the same purpose, notwithstanding section 503 of this Act. 

(c) No transfer described in subsection (b) shall occur until 

15 days after the Committees on Appropriations of the Senate 

and the House of Representatives are notified of such transfer. 

49 USC 44901 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 fulltime 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 


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132 STAT. 630 PUBLIC LAW 115–141—MAR. 23, 2018 

(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— 


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(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 


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132 STAT. 632 PUBLIC LAW 115–141—MAR. 23, 2018 

activity and program, project, and activity as detailed in 

the Budget Appendix; and 

(D) an identification of funds directed for a specific 

activity. 

(e) The Secretary shall not exercise the authority provided 

in subsections (b), (c), and (d) unless, not later than June 1, 2018, 

the Chief Financial Officer has submitted to the Committees on 

Appropriations of the Senate and the House of Representatives— 

(1) technical assistance on new legislative language in the 

account structure under subsection (a); and 

(2) comparison tables of fiscal years 2017, 2018, and 2019 

in the account structure under subsection (a). 

SEC. 536. (a) None of the funds appropriated by this or previous 

appropriations Acts or otherwise made available to the Department 

of Homeland Security may be used to establish accounts in the 

Treasury of the United States for the Countering Weapons of Mass 

Destruction Office or the Cybersecurity and Infrastructure Security 

Agency until Congress has enacted a law that specifically authorizes 

such Office or Agency and such authorization identifies the functions that are authorized to be transferred to such Office or Agency. 

(b) Subject to the limitation in subsection (a), if Congress enacts 

a law on or after the date of enactment of this Act that specifically 

authorizes the Countering Weapons of Mass Destruction Office 

or the Cybersecurity and Infrastructure Security Agency and such 

authorization identifies the functions that are authorized to be 

transferred to such Office or Agency, the Secretary of Homeland 

Security may— 

(1) not earlier than October 1, 2018, establish accounts 

in the Treasury of the United States necessary to carry out 

the functions of the Office or Agency as authorized; 

(2) execute appropriations of the Department of Homeland 

Security as provided in subparagraph (1), including any continuing appropriations made available for fiscal year 2019, 

before enactment of a regular appropriations Act; and 

(3) transfer any funds made available to the Department 

of Homeland Security by any appropriations Acts to the 

accounts created in subparagraph (1) for functions that are 

authorized to be transferred to such Office or Agency and 

to be used for the purpose of executing authorization of such 

Office or Agency. 

(c) The authority provided in subsection (b)(3) shall only be 

available if the Secretary has notified the Committees on Appropriations of the Senate and the House of Representatives at least 

15 days in advance of each such transfer. 

SEC. 537. Section 404 of the Coast Guard Authorization Act 

of 2010 (Public Law 111–281; 124 Stat. 2950), as amended, shall 

be applied in subsection (b) by substituting ‘‘September 30, 2018’’ 

for ‘‘September 30, 2017’’. 

SEC. 538. (a) Section 831 of the Homeland Security Act of 

2002 (6 U.S.C. 391) shall be applied— 

(1) In subsection (a), by substituting ‘‘September 30, 2018,’’ 

for ‘‘September 30, 2017,’’; and 

(2) In subsection (c)(1), by substituting ‘‘September 30, 

2018,’’ for ‘‘September 30, 2017’’. 

(b) The Secretary of Homeland Security, under the authority 

of section 831 of the Homeland Security Act of 2002 (6 U.S.C. 

391(a)), may carry out prototype projects under section 2371b of 

6 USC 391 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 634 PUBLIC LAW 115–141—MAR. 23, 2018 

(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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 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 

Department of 

the Interior, 

Environment, 

and Related 

Agencies 

Appropriations 

Act, 2018. 


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132 STAT. 636 PUBLIC LAW 115–141—MAR. 23, 2018 

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 BankheadJones 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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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: 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: 

43 USC 1735 

note. 


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132 STAT. 638 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 640 PUBLIC LAW 115–141—MAR. 23, 2018 

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, 


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PUBLIC LAW 115–141—MAR. 23, 2018 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, 


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132 STAT. 642 PUBLIC LAW 115–141—MAR. 23, 2018 

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 subaccount 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, 


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for purposes authorized under 23 U.S.C. 204. Transfers may include 

a reasonable amount for FHWA administrative support costs. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey 

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water 

resources of the United States, its territories and possessions, and 

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 

lands as to their mineral and water resources; give engineering 

supervision to power permittees and Federal Energy Regulatory 

Commission licensees; administer the minerals exploration program 

(30 U.S.C. 641); conduct inquiries into the economic conditions 

affecting mining and materials processing industries (30 U.S.C. 

3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the 

foregoing activities; $1,148,457,000, to remain available until September 30, 2019; of which $78,537,000 shall remain available until 

expended for satellite operations; and of which $15,164,000 shall 

be available until expended for deferred maintenance and capital 

improvement projects that exceed $100,000 in cost: Provided, That 

none of the funds provided for the ecosystem research activity 

shall be used to conduct new surveys on private property, unless 

specifically authorized in writing by the property owner: Provided 

further, That no part of this appropriation shall be used to pay 

more than one-half the cost of topographic mapping or water 

resources data collection and investigations carried on in cooperation with States and municipalities. 

ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the 

United States Geological Survey such sums as are necessary shall 

be available for contracting for the furnishing of topographic maps 

and for the making of geophysical or other specialized surveys 

when it is administratively determined that such procedures are 

in the public interest; construction and maintenance of necessary 

buildings and appurtenant facilities; acquisition of lands for gauging 

stations, observation wells, and seismic equipment; expenses of 

the United States National Committee for Geological Sciences; and 

payment of compensation and expenses of persons employed by 

the Survey duly appointed to represent the United States in the 

negotiation and administration of interstate compacts: Provided, 

That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in section 6302 of title 31, United States Code: 

Provided further, That the United States Geological Survey may 

enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101, for the temporary or intermittent 

services of students or recent graduates, who shall be considered 

employees for the purpose of chapters 57 and 81 of title 5, United 

States Code, relating to compensation for travel and work injuries, 

and chapter 171 of title 28, United States Code, relating to tort 

43 USC 50. 


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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, rightsof-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 


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non-refundable inspection fees collected in fiscal year 2018, as provided in this Act: Provided, That to the extent that amounts realized 

from such inspection fees exceed $50,000,000, the amounts realized 

in excess of $50,000,000 shall be credited to this appropriation 

and remain available until expended: Provided further, That for 

fiscal year 2018, not less than 50 percent of the inspection fees 

expended by the Bureau of Safety and Environmental Enforcement 

will be used to fund personnel and mission-related costs to expand 

capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to 

the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), 

including the review of applications for permits to drill. 

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title 

IV, sections 4202 and 4303, title VII, and title VIII, section 8201 

of the Oil Pollution Act of 1990, $14,899,000, which shall be derived 

from the Oil Spill Liability Trust Fund, to remain available until 

expended. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 

95–87, $115,804,000, to remain available until September 30, 2019: 

Provided, That appropriations for the Office of Surface Mining 

Reclamation and Enforcement may provide for the travel and per 

diem expenses of State and tribal personnel attending Office of 

Surface Mining Reclamation and Enforcement sponsored training. 

In addition, for costs to review, administer, and enforce permits 

issued by the Office pursuant to section 507 of Public Law 95– 

87 (30 U.S.C. 1257), $40,000, to remain available until expended: 

Provided, That fees assessed and collected by the Office pursuant 

to such section 507 shall be credited to this account as discretionary 

offsetting collections, to remain available until expended: Provided 

further, That the sum herein appropriated from the general fund 

shall be reduced as collections are received during the fiscal year, 

so as to result in a fiscal year 2018 appropriation estimated at 

not more than $115,804,000. 

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface 

Mining Control and Reclamation Act of 1977, Public Law 95–87, 

$24,672,000, to be derived from receipts of the Abandoned Mine 

Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365, the Department of 

the Interior is authorized to use up to 20 percent from the recovery 

of the delinquent debt owed to the United States Government 

to pay for contracts to collect these debts: Provided further, That 

funds made available under title IV of Public Law 95–87 may 

be used for any required non-Federal share of the cost of projects 

funded by the Federal Government for the purpose of environmental 

restoration related to treatment or abatement of acid mine drainage 

from abandoned mines: Provided further, That such projects must 

30 USC 1257 

note. 

30 USC 1211 

note. 


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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 


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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: 


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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. 


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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 


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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 


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from the Land and Water Conservation Fund and shall remain 

available until expended. 

ADMINISTRATIVE PROVISIONS

For fiscal year 2018, up to $400,000 of the payments authorized 

by chapter 69 of title 31, United States Code, may be retained 

for administrative expenses of the Payments in Lieu of Taxes Program: Provided, That the amounts provided under this Act specifically for the Payments in Lieu of Taxes program are the only 

amounts available for payments authorized under chapter 69 of 

title 31, United States Code: Provided further, That in the event 

the sums appropriated for any fiscal year for payments pursuant 

to this chapter are insufficient to make the full payments authorized 

by that chapter to all units of local government, then the payment 

to each local government shall be made proportionally: Provided 

further, That the Secretary may make adjustments to payment 

to individual units of local government to correct for prior overpayments or underpayments: Provided further, That no payment shall 

be made pursuant to that chapter to otherwise eligible units of 

local government if the computed amount of the payment is less 

than $100. 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the 

jurisdiction of the Department of the Interior and other jurisdictions 

identified in section 104(e) of Public Law 108–188, $96,870,000, 

of which: (1) $87,422,000 shall remain available until expended 

for territorial assistance, including general technical assistance, 

maintenance assistance, disaster assistance, coral reef initiative 

activities, and brown tree snake control and research; grants to 

the judiciary in American Samoa for compensation and expenses, 

as authorized by law (48 U.S.C. 1661(c)); grants to the Government 

of American Samoa, in addition to current local revenues, for 

construction and support of governmental functions; grants to the 

Government of the Virgin Islands, as authorized by law; grants 

to the Government of Guam, as authorized by law; and grants 

to the Government of the Northern Mariana Islands, as authorized 

by law (Public Law 94–241; 90 Stat. 272); and (2) $9,448,000 shall 

be available until September 30, 2019, for salaries and expenses 

of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided 

for, including such transactions of all agencies or instrumentalities 

established or used by such governments, may be audited by the 

Government Accountability Office, at its discretion, in accordance 

with chapter 35 of title 31, United States Code: Provided further, 

That Northern Mariana Islands Covenant grant funding shall be 

provided according to those terms of the Agreement of the Special 

Representatives on Future United States Financial Assistance for 

the Northern Mariana Islands approved by Public Law 104–134: 

Provided further, That the funds for the program of operations 

and maintenance improvement are appropriated to institutionalize 

routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to 

42 USC 1469b. 

31 USC 6093 

note. 


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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. 


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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 


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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 microbusinesses; 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 


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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 


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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 burnedVerDate Sep 11 2014 10:41 Jul 20, 2023 Jkt 000000 PO 00141 Frm 00310 Fmt 6580 Sfmt 6581 E:\141_132_REPOST\PUBL141.115 PUBL141

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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. 


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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. 


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BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND

ENFORCEMENT REORGANIZATION

SEC. 108. The Secretary of the Interior, in order to implement 

a reorganization of the Bureau of Ocean Energy Management, 

Regulation and Enforcement, may transfer funds among and 

between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines 

described in the explanatory statement described in section 4 (in 

the matter preceding division A of this consolidated Act). 

CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING

FACILITIES

SEC. 109. Notwithstanding any other provision of this Act, 

the Secretary of the Interior may enter into multiyear cooperative 

agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with 

the provisions of section 3903 of title 41, United States Code (except 

that the 5-year term restriction in subsection (a) shall not apply), 

for the long-term care and maintenance of excess wild free roaming 

horses and burros by such organizations or entities on private 

land. Such cooperative agreements and contracts may not exceed 

10 years, subject to renewal at the discretion of the Secretary. 

MASS MARKING OF SALMONIDS

SEC. 110. The United States Fish and Wildlife Service shall, 

in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking 

of salmonid stocks, intended for harvest, that are released from 

federally operated or federally financed hatcheries including but 

not limited to fish releases of coho, chinook, and steelhead species. 

Marked fish must have a visible mark that can be readily identified 

by commercial and recreational fishers. 

EXHAUSTION OF ADMINISTRATIVE REVIEW

SEC. 111. Paragraph (1) of section 122(a) of division E of Public 

Law 112–74 (125 Stat. 1013) is amended by striking ‘‘through 

2020,’’ in the first sentence and inserting ‘‘through 2022,’’. 

CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

SEC. 112. Notwithstanding any other provision of law, during 

fiscal year 2018, in carrying out work involving cooperation with 

State, local, and tribal governments or any political subdivision 

thereof, Indian Affairs may record obligations against accounts 

receivable from any such entities, except that total obligations at 

the end of the fiscal year shall not exceed total budgetary resources 

available at the end of the fiscal year. 

HUMANE TRANSFER OF EXCESS ANIMALS

SEC. 113. Notwithstanding any other provision of law, the 

Secretary of the Interior may transfer excess wild horses or burros 

that have been removed from the public lands to other Federal, 

State, and local government agencies for use as work animals: 

16 USC 1336 

note. 


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Provided, That the Secretary may make any such transfer immediately upon request of such Federal, State, or local government 

agency: Provided further, That any excess animal transferred under 

this provision shall lose its status as a wild free-roaming horse 

or burro as defined in the Wild Free-Roaming Horses and Burros 

Act: Provided further, That any Federal, State, or local government 

agency receiving excess wild horses or burros as authorized in 

this section shall not: destroy the horses or burros in a way that 

results in their destruction into commercial products; sell or otherwise transfer the horses or burros in a way that results in their 

destruction for processing into commercial products; or euthanize 

the horses or burros except upon the recommendation of a licensed 

veterinarian, in cases of severe injury, illness, or advanced age. 

REPUBLIC OF PALAU

SEC. 114. There is appropriated $123,824,000 for an additional 

amount for ‘‘Compact of Free Association’’, which shall remain 

available until expended for use in meeting the financial obligations 

of the Government of the United States under the Agreement 

between the Government of the United States of America and 

the Government of the Republic of Palau Following the Compact 

of Free Association Section 432 Review, signed on September 3, 

2010, with the funding schedule therein modified by the Parties 

as necessary and appropriate (‘‘Compact Review Agreement’’): Provided, That funds may not be made available under this section 

prior to the Compact Review Agreement and its appendices entering 

into force. 

DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM

SEC. 115. (a) Notwithstanding any other provision of law 

relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter 

into cooperative agreements with, private nonprofit organizations 

designated by the Secretary of Labor under title V of the Older 

Americans Act of 1965 to utilize the talents of older Americans 

in programs authorized by other provisions of law administered 

by the Secretary and consistent with such provisions of law. 

(b) Prior to awarding any grant or agreement under subsection 

(a), the Secretary shall ensure that the agreement would not— 

(1) result in the displacement of individuals currently 

employed by the Department, including partial displacement 

through reduction of non-overtime hours, wages, or employment 

benefits; 

(2) result in the use of an individual under the Department 

of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff 

status from the same or substantially equivalent job within 

the Department; or 

(3) affect existing contracts for services. 

JAY S. HAMMOND WILDERNESS

SEC. 116. (a) DESIGNATION.—The approximately 2,600,000 acres 

of National Wilderness Preservation System land located within 

the Lake Clark National Park and Preserve designated by section 

701(6) of the Alaska National Interest Lands Conservation Act 

16 USC 1132 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 (Modification of the Second Division Memorial). 

(2) Section 7134 (Ste. Genevieve National Historical Park). 

(b) H.R. 1281 as introduced in the 115th Congress (A bill 

to extend the authorization of the Highlands Conservation Act) 

and H.R. 4134 as introduced in the 115th Congress (Cecil D. 

* See Endnote on 132 Stat. 1225. 

16 USC 1132 

note. 

16 USC 460cccc. 

40 USC 8903 

note. 


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Andrus-White Clouds Wilderness Redesignation Act) are hereby 

enacted into law. 

(c) In publishing this Act in slip form and in the United States 

Statutes at large pursuant to section 112 of title 1, United States 

Code, the Archivist of the United States shall include after the 

date of approval at the end an appendix setting forth the text 

of the sections of the bill and the bills referred to in subsections 

(a) and (b), respectively. 

MINERAL WITHDRAWAL SUBJECT TO VALID EXISTING RIGHTS

SEC. 122. (a) The mineral estate identified in Bureau of Land 

Management contracts number CA 20139 and CA 22901 is hereby 

withdrawn from all forms of mineral entry authority of the Secretary, subject to valid existing rights. 

TITLE II 

ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

(INCLUDING RESCISSION OF FUNDS)

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980; necessary expenses for personnel and 

related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of 

research and development, $713,823,000, to remain available until 

September 30, 2019: Provided, That of the funds included under 

this heading, $4,100,000 shall be for Research: National Priorities 

as specified in the explanatory statement described in section 4 

(in the matter preceding division A of this consolidated Act): Provided further, That of unobligated balances from appropriations 

made available under this heading, $7,350,000 are permanently 

rescinded: Provided further, That no amounts may be rescinded 

pursuant to the preceding proviso from amounts made available 

in the first proviso for Research: National Priorities. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

(INCLUDING RESCISSION OF FUNDS)

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and 

related costs and travel expenses; hire of passenger motor vehicles; 

hire, maintenance, and operation of aircraft; purchase of reprints; 

library memberships in societies or associations which issue publications to members only or at a price to members lower than to 

subscribers who are not members; administrative costs of the 

brownfields program under the Small Business Liability Relief and 

Brownfields Revitalization Act of 2002; implementation of a coal 

combustion residual permit program under section 2301 of the 

Water and Waste Act of 2016; and not to exceed $19,000 for official 

reception and representation expenses, $2,643,299,000, to remain 

available until September 30, 2019: Provided, That of the funds 

1 USC 112 note. 


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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. 


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132 STAT. 664 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 666 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 StatesMexico 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 


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132 STAT. 668 PUBLIC LAW 115–141—MAR. 23, 2018 

statement described in section 4 (in the matter preceding division A of this consolidated Act); 

(7) $4,000,000 shall be to carry out the water quality program authorized in section 5004(d) of the Water Infrastructure 

Improvements for the Nation Act (Public Law 114–322); and 

(8) $1,076,041,000 shall be for grants, including associated 

program support costs, to States, federally recognized tribes, 

interstate agencies, tribal consortia, and air pollution control 

agencies for multi-media or single media pollution prevention, 

control and abatement and related activities, including activities pursuant to the provisions set forth under this heading 

in Public Law 104–134, and for making grants under section 

103 of the Clean Air Act for particulate matter monitoring 

and data collection activities subject to terms and conditions 

specified by the Administrator, of which: $47,745,000 shall 

be for carrying out section 128 of CERCLA; $9,646,000 shall 

be for Environmental Information Exchange Network grants, 

including associated program support costs; $1,498,000 shall 

be for grants to States under section 2007(f)(2) of the Solid 

Waste Disposal Act, which shall be in addition to funds appropriated under the heading ‘‘Leaking Underground Storage Tank 

Trust Fund Program’’ to carry out the provisions of the Solid 

Waste Disposal Act specified in section 9508(c) of the Internal 

Revenue Code other than section 9003(h) of the Solid Waste 

Disposal Act; $17,848,000 of the funds available for grants 

under section 106 of the Federal Water Pollution Control Act 

shall be for State participation in national- and State-level 

statistical surveys of water resources and enhancements to 

State monitoring programs; $10,000,000 shall be for multipurpose grants, including interagency agreements: Provided, That 

hereafter, notwithstanding other applicable provisions of law, 

the funds appropriated for the Indian Environmental General 

Assistance Program shall be available to federally recognized 

tribes for solid waste and recovered materials collection, 

transportation, backhaul, and disposal services. 

WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM

ACCOUNT

For the cost of direct loans and for the cost of guaranteed 

loans, as authorized by the Water Infrastructure Finance and 

Innovation Act of 2014, $5,000,000, to remain available until 

expended: Provided, That such costs, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That these funds are available 

to subsidize gross obligations for the principal amount of direct 

loans, including capitalized interest, and total loan principal, 

including capitalized interest, any part of which is to be guaranteed, 

not to exceed $610,000,000. 

In addition, fees authorized to be collected pursuant to sections 

5029 and 5030 of the Water Infrastructure Finance and Innovation 

Act of 2014 shall be deposited in this account, to remain available 

until expended. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, notwithstanding section 5033 of 

the Water Infrastructure Finance and Innovation Act of 2014, 

$5,000,000, to remain available until September 30, 2019. 

42 USC 4368b 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 670 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 nonFederal land if the Secretary determines such activities benefit 

resources on Federal land: Provided further, That funds made available to implement the Community Forestry Restoration Act, Public 

Law 106–393, title VI, shall be available for use on non-Federal 

lands in accordance with authorities made available to the Forest 

Service under the ‘‘State and Private Forestry’’ appropriations: Provided further, That notwithstanding section 33 of the Bankhead 

Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for grazing on a National Grassland, 

may provide a credit of up to 50 percent of the calculated fee 

to a Grazing Association or direct permittee for a conservation 

practice approved by the Secretary in advance of the fiscal year 

in which the cost of the conservation practice is incurred. And, 

that the amount credited shall remain available to the Grazing 

Association or the direct permittee, as appropriate, in the fiscal 

year in which the credit is made and each fiscal year thereafter 

for use on the project for conservation practices approved by the 

Secretary. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Forest Service, not otherwise 

provided for, $449,000,000, to remain available through September 

30, 2021, for construction, capital improvement, maintenance and 

acquisition of buildings and other facilities and infrastructure; and 

for construction, reconstruction, decommissioning of roads that are 

no longer needed, including unauthorized roads that are not part 

of the transportation system, and maintenance of forest roads and 

trails by the Forest Service as authorized by 16 U.S.C. 532–538 

and 23 U.S.C. 101 and 205: Provided, That funds becoming available 

43 USC 1751 

note. 


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132 STAT. 672 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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). 


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132 STAT. 674 PUBLIC LAW 115–141—MAR. 23, 2018 

Any appropriations or funds available to the Forest Service 

may be transferred to the Wildland Fire Management appropriation 

for forest firefighting, emergency rehabilitation of burned-over or 

damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary’s notification of the House and Senate Committees on Appropriations that 

all fire suppression funds appropriated under the heading ‘‘Wildland 

Fire Management’’ will be obligated within 30 days: Provided, That 

all funds used pursuant to this paragraph must be replenished 

by a supplemental appropriation which must be requested as 

promptly as possible. 

Not more than $50,000,000 of funds appropriated to the Forest 

Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels 

management, and State fire assistance when such transfers would 

facilitate and expedite wildland fire management programs and 

projects. 

Notwithstanding any other provision of this Act, the Forest 

Service may transfer unobligated balances of discretionary funds 

appropriated to the Forest Service by this Act to or within the 

National Forest System Account, or reprogram funds to be used 

for the purposes of hazardous fuels management and urgent 

rehabilitation of burned-over National Forest System lands and 

water, such transferred funds shall remain available through September 30, 2021: Provided, That none of the funds transferred 

pursuant to this section shall be available for obligation without 

written notification to and the prior approval of the Committees 

on Appropriations of both Houses of Congress: Provided further, 

That this section does not apply to funds appropriated to the 

FLAME Wildfire Suppression Reserve Fund or funds derived from 

the Land and Water Conservation Fund. 

Funds appropriated to the Forest Service shall be available 

for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical 

information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities 

outside the United States and its territories and possessions, 

including technical assistance, education and training, and cooperation with U.S., private, and international organizations. The Forest 

Service, acting for the International Program, may sign direct 

funding agreements with foreign governments and institutions as 

well as other domestic agencies (including the U.S. Agency for 

International Development, the Department of State, and the 

Millennium Challenge Corporation), U.S. private sector firms, 

institutions and organizations to provide technical assistance and 

training programs overseas on forestry and rangeland management. 

Funds appropriated to the Forest Service shall be available 

for expenditure or transfer to the Department of the Interior, 

Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System 

lands, and for the performance of cadastral surveys to designate 

the boundaries of such lands. 

None of the funds made available to the Forest Service in 

this Act or any other Act with respect to any fiscal year shall 

be subject to transfer under the provisions of section 702(b) of 

the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 

16 USC 556i. 


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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. 


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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 


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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 


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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 SelfDetermination 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. 


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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 


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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 SelfDetermination 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. 


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OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the 

Council on Environmental Quality and Office of Environmental 

Quality pursuant to the National Environmental Policy Act of 1969, 

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official 

reception and representation expenses, $3,000,000: Provided, That 

notwithstanding section 202 of the National Environmental Policy 

Act of 1970, the Council shall consist of one member, appointed 

by the President, by and with the advice and consent of the Senate, 

serving as chairman and exercising all powers, functions, and duties 

of the Council. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to 

section 112(r)(6) of the Clean Air Act, including hire of passenger 

vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902, and for services authorized by 5 U.S.C. 3109 but at 

rates for individuals not to exceed the per diem equivalent to 

the maximum rate payable for senior level positions under 5 U.S.C. 

5376, $11,000,000: Provided, That the Chemical Safety and Hazard 

Investigation Board (Board) shall have not more than three career 

Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to 

the position of Inspector General of the Environmental Protection 

Agency (EPA) shall, by virtue of such appointment, also hold the 

position of Inspector General of the Board: Provided further, That 

notwithstanding any other provision of law, the Inspector General 

of the Board shall utilize personnel of the Office of Inspector General 

of EPA in performing the duties of the Inspector General of the 

Board, and shall not appoint any individuals to positions within 

the Board. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian 

Relocation as authorized by Public Law 93–531, $15,431,000, to 

remain available until expended: Provided, That funds provided 

in this or any other appropriations Act are to be used to relocate 

eligible individuals and groups including evictees from District 6, 

Hopi-partitioned lands residents, those in significantly substandard 

housing, and all others certified as eligible and not included in 

the preceding categories: Provided further, That none of the funds 

contained in this or any other Act may be used by the Office 

of Navajo and Hopi Indian Relocation to evict any single Navajo 

or Navajo family who, as of November 30, 1985, was physically 

domiciled on the lands partitioned to the Hopi Tribe unless a 

5 USC app. 8G 

note. 


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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. 


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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. 


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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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 686 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 688 PUBLIC LAW 115–141—MAR. 23, 2018 

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 selfgovernance contracts, grants, compacts, or annual funding agreements for fiscal year 2018 with the Bureau of Indian Affairs or 

the Indian Health Service: Provided, That such amounts provided 

by this Act are not available for payment of claims for contract 

support costs for prior years, or for repayments of payments for 

settlements or judgments awarding contract support costs for prior 

years. 

FOREST MANAGEMENT PLANS

SEC. 407. The Secretary of Agriculture shall not be considered 

to be in violation of section 6(f)(5)(A) of the Forest and Rangeland 

Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 

solely because more than 15 years have passed without revision 

of the plan for a unit of the National Forest System. Nothing 

in this section exempts the Secretary from any other requirement 

of the Forest and Rangeland Renewable Resources Planning Act 

(16 U.S.C. 1600 et seq.) or any other law: Provided, That if the 

Secretary is not acting expeditiously and in good faith, within 

the funding available, to revise a plan for a unit of the National 

Forest System, this section shall be void with respect to such 

plan and a court of proper jurisdiction may order completion of 

the plan on an accelerated basis. 

PROHIBITION WITHIN NATIONAL MONUMENTS

SEC. 408. No funds provided in this Act may be expended 

to conduct preleasing, leasing and related activities under either 

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 

boundaries of a National Monument established pursuant to the 

Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 

existed on January 20, 2001, except where such activities are 

allowed under the Presidential proclamation establishing such 

monument. 

LIMITATION ON TAKINGS

SEC. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in 

lands may be expended for the filing of declarations of taking 

or complaints in condemnation without the approval of the House 

and Senate Committees on Appropriations: Provided, That this 

provision shall not apply to funds appropriated to implement the 

16 USC 1604 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 690 PUBLIC LAW 115–141—MAR. 23, 2018 

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); 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 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 

54 USC 320101 

note. 


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132 STAT. 692 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 NONINDIAN 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 


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132 STAT. 694 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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’’. 


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132 STAT. 696 PUBLIC LAW 115–141—MAR. 23, 2018 

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2018 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ‘‘WIOA’’), the Second Chance 

Act of 2007, and the National Apprenticeship Act, $3,486,200,000, 

plus reimbursements, shall be available. Of the amounts provided: 

(1) for grants to States for adult employment and training 

activities, youth activities, and dislocated worker employment 

and training activities, $2,789,832,000 as follows: (A) $845,556,000 for adult employment and training activities, of which $133,556,000 shall be available for the 

period July 1, 2018 through June 30, 2019, and of which 

$712,000,000 shall be available for the period October 1, 

2018 through June 30, 2019; (B) $903,416,000 for youth activities, which shall be 

available for the period April 1, 2018 through June 30, 

2019; and (C) $1,040,860,000 for dislocated worker employment and training activities, of which $180,860,000 shall be 

available for the period July 1, 2018 through June 30, 

2019, and of which $860,000,000 shall be available for 

the period October 1, 2018 through June 30, 2019: 

Provided, That the funds available for allotment to outlying 

areas to carry out subtitle B of title I of the WIOA shall 

not be subject to the requirements of section 127(b)(1)(B)(ii) 

of such Act; and (2) for national programs, $696,368,000 as follows: (A) $220,859,000 for the dislocated workers assistance 

national reserve, of which $20,859,000 shall be available 

for the period July 1, 2018 through September 30, 2019, 

and of which $200,000,000 shall be available for the period 

October 1, 2018 through September 30, 2019: Provided, That funds provided to carry out section 132(a)(2)(A) of 

the WIOA may be used to provide assistance to a State 

for statewide or local use in order to address cases where 

there have been worker dislocations across multiple sectors 

or across multiple local areas and such workers remain 

dislocated; coordinate the State workforce development 

plan with emerging economic development needs; and train 

such eligible dislocated workers: Provided further, That 

funds provided to carry out sections 168(b) and 169(c) of 

the WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance 

to new entrants in the workforce and incumbent workers: 

Provided further, That notwithstanding section 168(b) of 

the WIOA, of the funds provided under this subparagraph, 

the Secretary of Labor (referred to in this title as ‘‘Secretary’’) may reserve not more than 10 percent of such 

Department of 

Labor 

Appropriations 

Act, 2018. 

Departments of 

Labor, Health 

and Human 

Services, and 

Education, and 

Related Agencies 

Appropriations 

Act, 2018. 


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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 


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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)). 


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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 FederalState 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 WagnerPeyser Act, and shall be available for Federal obligation for 

the period July 1, 2018 through June 30, 2019; 


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(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 nonState 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 


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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 


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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 


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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 


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require that any person filing a claim for benefits under the Act 

provide as part of such claim such identifying information (including 

Social Security account number) as may be prescribed. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

Such sums as may be necessary from the Black Lung Disability 

Trust Fund (the ‘‘Fund’’), to remain available until expended, for 

payment of all benefits authorized by section 9501(d)(1), (2), (6), 

and (7) of the Internal Revenue Code of 1986; and repayment 

of, and payment of interest on advances, as authorized by section 

9501(d)(4) of that Act. In addition, the following amounts may 

be expended from the Fund for fiscal year 2018 for expenses of 

operation and administration of the Black Lung Benefits program, 

as authorized by section 9501(d)(5): not to exceed $38,246,000 for 

transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries 

and Expenses’’; not to exceed $31,994,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed 

$330,000 for transfer to Departmental Management, ‘‘Office of 

Inspector General’’; and not to exceed $356,000 for payments into 

miscellaneous receipts for the expenses of the Department of the 

Treasury. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health Administration, $552,787,000, including not to exceed $100,850,000 

which shall be the maximum amount available for grants to States 

under section 23(g) of the Occupational Safety and Health Act 

(the ‘‘Act’’), which grants shall be no less than 50 percent of the 

costs of State occupational safety and health programs required 

to be incurred under plans approved by the Secretary under section 

18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302, 

the Occupational Safety and Health Administration may retain 

up to $499,000 per fiscal year of training institute course tuition 

and fees, otherwise authorized by law to be collected, and may 

utilize such sums for occupational safety and health training and 

education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30, 

2018, to collect and retain fees for services provided to Nationally 

Recognized Testing Laboratories, and may utilize such sums, in 

accordance with the provisions of 29 U.S.C. 9a, to administer 

national and international laboratory recognition programs that 

ensure the safety of equipment and products used by workers 

in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to 

prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person 

who is engaged in a farming operation which does not maintain 

a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph 

shall be obligated or expended to administer or enforce any 

standard, rule, regulation, or order under the Act with respect 

to any employer of 10 or fewer employees who is included within 

26 USC 9501 

note. 


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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 firstaid 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 


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further, That notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected by the National Mine Health and Safety 

Academy for room, board, tuition, and the sale of training materials, 

otherwise authorized by law to be collected, to be available for 

mine safety and health education and training activities: Provided 

further, That notwithstanding 31 U.S.C. 3302, the Mine Safety 

and Health Administration is authorized to collect and retain up 

to $2,499,000 from fees collected for the approval and certification 

of equipment, materials, and explosives for use in mines, and may 

utilize such sums for such activities: Provided further, That the 

Secretary is authorized to accept lands, buildings, equipment, and 

other contributions from public and private sources and to prosecute 

projects in cooperation with other agencies, Federal, State, or private: Provided further, That the Mine Safety and Health Administration is authorized to promote health and safety education and 

training in the mining community through cooperative programs 

with States, industry, and safety associations: Provided further, 

That the Secretary is authorized to recognize the Joseph A. Holmes 

Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with 

or without reimbursement, personnel, including service of Mine 

Safety and Health Administration officials as officers in local chapters or in the national organization: Provided further, That any 

funds available to the Department of Labor may be used, with 

the approval of the Secretary, to provide for the costs of mine 

rescue and survival operations in the event of a major disaster. 

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, 

including advances or reimbursements to State, Federal, and local 

agencies and their employees for services rendered, $547,000,000, 

together with not to exceed $65,000,000 which may be expended 

from the Employment Security Administration account in the 

Unemployment Trust Fund. 

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment 

Policy to provide leadership, develop policy and initiatives, and 

award grants furthering the objective of eliminating barriers to 

the training and employment of people with disabilities, 

$38,203,000. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Departmental Management, 

including the hire of three passenger motor vehicles, $337,536,000, 

together with not to exceed $308,000, which may be expended 

from the Employment Security Administration account in the 

30 USC 962. 

30 USC 966 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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; 


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132 STAT. 708 PUBLIC LAW 115–141—MAR. 23, 2018 

(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 


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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 


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132 STAT. 710 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 712 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) 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. 

38 USC 4100 

note. 


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132 STAT. 714 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(c) COMPLIANCE WITH GUIDELINES.—A law enforcement officer 

or special agent employed under subsection (a) shall exercise any 

authority provided under this section in accordance with any— 

‘‘(1) guidelines issued by the Attorney General; and 

‘‘(2) guidelines prescribed by the Secretary of Labor.’’. 

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

of this Act. 

SEC. 118. The Secretary is authorized to dispose of or divest, 

by any means the Secretary determines appropriate, including an 

agreement or partnership to construct a new Job Corps center, 

all or a portion of the real property on which the Treasure Island 

Job Corps Center is situated. Any sale or other disposition will 

not be subject to any requirement of any Federal law or regulation 

relating to the disposition of Federal real property, including but 

not limited to Subchapter III of Chapter 5 of Title 40 of the United 

States Code and Subchapter V of Chapter 119 of Title 42 of the 

United States Code. The net proceeds of such a sale shall be 

transferred to the Secretary, which shall be available until expended 

to carry out the Job Corps Program. 

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2018’’. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

For carrying out titles II and III of the Public Health Service 

Act (referred to in this Act as the ‘‘PHS Act’’) with respect to 

primary health care and the Native Hawaiian Health Care Act 

of 1988, $1,626,522,000: Provided, That no more than $1,000,000 

shall be available until expended for carrying out the provisions 

of section 224(o) of the PHS Act: Provided further, That no more 

than $114,893,000 shall be available until expended for carrying 

out subsections (g) through (n) and (q) of section 224 of the PHS 

Act, and for expenses incurred by the Department of Health and 

Human Services (referred to in this Act as ‘‘HHS’’) pertaining 

to administrative claims made under such law: Provided further, That the ninth provisos under the heading ‘‘Department of Health 

and Human Services—Health Resources and Services Administration—Health Resources and Services’’ in Public Laws 104–208 and 

105–78 are amended by striking ‘‘$80,000,000’’ and inserting 

‘‘$152,700,000’’ in each such ninth proviso and by adding at the 

end of each such ninth proviso the following new proviso: ‘‘Provided 

further, That such costs, including the cost of modifying such loans, 

shall be as defined in section 502 of the Congressional Budget 

Act of 1974:’’: Provided further, That of funds provided for the 

Health Centers program, as defined by section 330 of the PHS 

Act, by this Act or any other Act for fiscal year 2018, not less 

than $200,000,000 shall be obligated in fiscal year 2018 for 

improving quality of care or expanded service grants under section 

330 of the PHS Act to support and enhance behavioral health, 

mental health, or substance use disorder services. 

Of the funds made available under this heading, $20,000,000 

shall remain available until expended for the cost of guaranteed 

Department of 

Health and 

Human Services 

Appropriations 

Act, 2018. 


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loans, as authorized under part A of title XVI of the PHS Act, 

for non-Federal lenders for the construction, renovation, and modernization of medical facilities that are operated by health centers: 

Provided, That such costs, including the cost of modifying such 

loans, shall be as defined in section 502 of the Congressional Budget 

Act of 1974: Provided further, That such funds are available to 

subsidize total loan principal, any part of which is to be guaranteed, 

not to exceed $743,494,000. 

HEALTH WORKFORCE

For carrying out titles III, VII, and VIII of the PHS Act with 

respect to the health workforce, sections 1128E and 1921 of the 

Social Security Act, and the Health Care Quality Improvement 

Act of 1986, $1,060,695,000, of which $111,916,000 shall remain 

available through September 30, 2019 to carry out sections 755 

and 756 of the PHS Act: Provided, That sections 747(c)(2), 751(j)(2), 

762(k), and the proportional funding amounts in paragraphs (1) 

through (4) of section 756(f) of the PHS Act shall not apply to 

funds made available under this heading: Provided further, That 

for any program operating under section 751 of the PHS Act on 

or before January 1, 2009, the Secretary of Health and Human 

Services (referred to in this title as the ‘‘Secretary’’) may hereafter 

waive any of the requirements contained in sections 751(d)(2)(A) 

and 751(d)(2)(B) of such Act for the full project period of a grant 

under such section: Provided further, That no funds shall be available for section 340G–1 of the PHS Act: Provided further, That 

fees collected for the disclosure of information under section 427(b) 

of the Health Care Quality Improvement Act of 1986 and sections 

1128E(d)(2) and 1921 of the Social Security Act shall be sufficient 

to recover the full costs of operating the programs authorized by 

such sections and shall remain available until expended for the 

National Practitioner Data Bank: Provided further, That funds 

transferred to this account to carry out section 846 and subpart 

3 of part D of title III of the PHS Act may be used to make 

prior year adjustments to awards made under such sections: Provided further, That $105,000,000 shall remain available until 

expended, for the purposes of providing primary health services, 

be used to assign National Health Service Corps (‘‘NHSC’’) members 

to expand the delivery of substance use disorder treatment services, 

notwithstanding the assignment priorities and limitations in or 

under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS 

Act, and to make NHSC Loan Repayment Program awards under 

section 338B of such Act: Provided further, That for purposes of 

the previous proviso, section 331(a)(3)(D) of the PHS Act shall 

be applied as if the term ‘‘primary health services’’ includes clinical 

substance use disorder treatment services, including those provided 

by masters level, licensed substance use disorder treatment counselors. 

MATERNAL AND CHILD HEALTH

For carrying out titles III, XI, XII, and XIX of the PHS Act 

with respect to maternal and child health, title V of the Social 

Security Act, and section 712 of the American Jobs Creation Act 

of 2004, $886,789,000, of which $10,000,000 shall remain available 

through September 30, 2022 to carry out section 330M of the 

PHS Act: Provided, That notwithstanding sections 502(a)(1) and 

42 USC 294a 

note. 


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132 STAT. 716 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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 


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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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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, demo- lition, 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 


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132 STAT. 720 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 722 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 724 PUBLIC LAW 115–141—MAR. 23, 2018 

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 evidencebased 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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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’’. 


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132 STAT. 726 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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 integ- rity 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 


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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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 730 PUBLIC LAW 115–141—MAR. 23, 2018 

Start Act, and in addition to funds otherwise available under such 

section 640 for such purposes, $755,000,000 shall be available 

through March 31, 2019 for Early Head Start programs as described 

in section 645A of such Act, for conversion of Head Start services 

to Early Head Start services as described in section 645(a)(5)(A) 

of such Act, for discretionary grants for high quality infant and 

toddler care through Early Head Start-Child Care Partnerships, 

to entities defined as eligible under section 645A(d) of such Act, 

for training and technical assistance for such activities, and for 

up to $16,000,000 in Federal costs of administration and evaluation, 

and, notwithstanding section 645A(c)(2) of such Act, these funds 

are available to serve children under age 4: Provided further, That 

funds described in the preceding two provisos shall not be included 

in the calculation of ‘‘base grant’’ in subsequent fiscal years, as 

such term is used in section 640(a)(7)(A) of such Act: Provided 

further, That $250,000,000 shall be available until December 31, 

2018 for carrying out sections 9212 and 9213 of the Every Student 

Succeeds Act: Provided further, That up to 3 percent of the funds 

in the preceding proviso shall be available for technical assistance 

and evaluation related to grants awarded under such section 9212: 

Provided further, That $742,883,000 shall be for making payments 

under the CSBG Act: Provided further, That $28,233,000 shall 

be for sections 680 and 678E(b)(2) of the CSBG Act, of which 

not less than $19,883,000 shall be for section 680(a)(2) and not 

less than $8,000,000 shall be for section 680(a)(3)(B) of such Act: 

Provided further, That, notwithstanding section 675C(a)(3) of such 

Act, to the extent Community Services Block Grant funds are 

distributed as grant funds by a State to an eligible entity as 

provided under such Act, and have not been expended by such 

entity, they shall remain with such entity for carryover into the 

next fiscal year for expenditure by such entity consistent with 

program purposes: Provided further, That the Secretary shall establish procedures regarding the disposition of intangible assets and 

program income that permit such assets acquired with, and program 

income derived from, grant funds authorized under section 680 

of the CSBG Act to become the sole property of such grantees 

after a period of not more than 12 years after the end of the 

grant period for any activity consistent with section 680(a)(2)(A) 

of the CSBG Act: Provided further, That intangible assets in the 

form of loans, equity investments and other debt instruments, and 

program income may be used by grantees for any eligible purpose 

consistent with section 680(a)(2)(A) of the CSBG Act: Provided 

further, That these procedures shall apply to such grant funds 

made available after November 29, 1999: Provided further, That 

funds appropriated for section 680(a)(2) of the CSBG Act shall 

be available for financing construction and rehabilitation and loans 

or investments in private business enterprises owned by community 

development corporations: Provided further, That $160,000,000 shall 

be for carrying out section 303(a) of the Family Violence Prevention 

and Services Act, of which $5,000,000 shall be allocated notwithstanding section 303(a)(2) of such Act for carrying out section 309 

of such Act: Provided further, That the percentages specified in 

section 112(a)(2) of the Child Abuse Prevention and Treatment 

Act shall not apply to funds appropriated under this heading: Provided further That $1,864,000 shall be for a human services case 

management system for federally declared disasters, to include 

a comprehensive national case management contract and Federal 

42 USC 9921 

note. 


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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 


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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 


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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 


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132 STAT. 734 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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 


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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 


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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. 


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132 STAT. 738 PUBLIC LAW 115–141—MAR. 23, 2018 

(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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 740 PUBLIC LAW 115–141—MAR. 23, 2018 

(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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 

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 

Department of 

Education 

Appropriations 

Act, 2018. 


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132 STAT. 742 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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 


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such indicators, emphasizing getting children ready to learn; demonstrated a commitment to operating in the most underserved 

and under-resourced, including rural, areas; and propose continuing 

to pursue ambitious goals during an extension of that grant. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the ESEA, $737,400,000, 

which shall become available on July 1, 2018, and shall remain 

available through September 30, 2019, except that 6.5 percent 

of such amount shall be available on October 1, 2017, and shall 

remain available through September 30, 2019, to carry out activities 

under section 3111(c)(1)(C). 

SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education 

Act (IDEA) and the Special Olympics Sport and Empowerment 

Act of 2004, $13,366,184,000, of which $3,845,585,000 shall become 

available on July 1, 2018, and shall remain available through 

September 30, 2019, and of which $9,283,383,000 shall become 

available on October 1, 2018, and shall remain available through 

September 30, 2019, for academic year 2018–2019: Provided, That 

the amount for section 611(b)(2) of the IDEA shall be equal to 

the lesser of the amount available for that activity during fiscal 

year 2017, increased by the amount of inflation as specified in 

section 619(d)(2)(B) of the IDEA, or the percent change in the 

funds appropriated under section 611(i) of the IDEA, but not less 

than the amount for that activity during fiscal year 2017: Provided 

further, That the Secretary shall, without regard to section 611(d) 

of the IDEA, distribute to all other States (as that term is defined 

in section 611(g)(2)), subject to the third proviso, any amount by 

which a State’s allocation under section 611, from funds appropriated under this heading, is reduced under section 612(a)(18)(B), 

according to the following: 85 percent on the basis of the States’ 

relative populations of children aged 3 through 21 who are of 

the same age as children with disabilities for whom the State 

ensures the availability of a free appropriate public education under 

this part, and 15 percent to States on the basis of the States’ 

relative populations of those children who are living in poverty: 

Provided further, That the Secretary may not distribute any funds 

under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States 

shall allocate such funds distributed under the second proviso to 

local educational agencies in accordance with section 611(f): Provided further, That the amount by which a State’s allocation under 

section 611(d) of the IDEA is reduced under section 612(a)(18)(B) 

and the amounts distributed to States under the previous provisos 

in fiscal year 2012 or any subsequent year shall not be considered 

in calculating the awards under section 611(d) for fiscal year 2013 

or for any subsequent fiscal years: Provided further, That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal 

year in which a State’s allocation under section 611(d) is reduced 

for failure to comply with the requirement of section 612(a)(18)(A), 

the Secretary may apply the reduction specified in section 

612(a)(18)(B) over a period of consecutive fiscal years, not to exceed 

20 USC 1411 five, until the entire reduction is applied: Provided further, That 

note. 

20 USC 1411 

note. 


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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 longterm 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 


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132 STAT. 746 PUBLIC LAW 115–141—MAR. 23, 2018 

at its discretion use funds for the endowment program as authorized 

under section 207 of such Act. 

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model 

Secondary School for the Deaf, and the partial support of Gallaudet 

University under titles I and II of the Education of the Deaf 

Act of 1986, $128,000,000: Provided, That from the total amount 

available, the University may at its discretion use funds for the 

endowment program as authorized under section 207 of such Act. 

CAREER, TECHNICAL, AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the 

Carl D. Perkins Career and Technical Education Act of 2006 and 

the Adult Education and Family Literacy Act (‘‘AEFLA’’), 

$1,830,686,000, of which $1,039,686,000 shall become available on 

July 1, 2018, and shall remain available through September 30, 

2019, and of which $791,000,000 shall become available on October 

1, 2018, and shall remain available through September 30, 2019: 

Provided, That of the amounts made available for AEFLA, 

$13,712,000 shall be for national leadership activities under section 

242. 

STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1, 3, and 10 of part A, and part 

C of title IV of the HEA, $24,445,352,000, which shall remain 

available through September 30, 2019. 

The maximum Pell Grant for which a student shall be eligible 

during award year 2018–2019 shall be $5,035. 

STUDENT AID ADMINISTRATION

For Federal administrative expenses to carry out part D of 

title I, and subparts 1, 3, 9, and 10 of part A, and parts B, 

C, D, and E of title IV of the HEA, and subpart 1 of part A 

of title VII of the Public Health Service Act, $1,678,943,000, to 

remain available through September 30, 2019: Provided, That the 

Secretary shall allocate new student loan borrower accounts to 

eligible student loan servicers on the basis of their performance 

compared to all loan servicers utilizing established common metrics, 

and on the basis of the capacity of each servicer to process new 

and existing accounts: Provided further, That the Secretary shall, 

no later than September 30, 2017, allow student loan borrowers 

who are consolidating Federal student loans to select from any 

student loan servicer to service their new consolidated student 

loan under the current student loan servicing contracts: Provided 

further, That in order to promote accountability and high-quality 

service to borrowers, the Secretary shall not award funding for 

any contract solicitation for a new Federal student loan servicing 

environment, including the solicitation for the FSA Next Generation 

Processing and Servicing Environment as amended by the Department of Education on February 20, 2018, unless such an environment provides for the participation of multiple student loan 

servicers that contract directly with the Department of Education 

to manage a unique portfolio of borrower accounts and the full 

20 USC 1087f 

note. 

20 USC 1070a 

note. 


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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 


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132 STAT. 748 PUBLIC LAW 115–141—MAR. 23, 2018 

$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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 750 PUBLIC LAW 115–141—MAR. 23, 2018 

SEC. 305. Section 105(f)(1)(B)(ix) of the Compact of Free 

Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) 

shall be applied by substituting ‘‘2018’’ for ‘‘2017’’. 

SEC. 306. Funds appropriated in this Act and consolidated 

for evaluation purposes under section 8601(c) of the ESEA shall 

be available from July 1, 2018, through September 30, 2019. 

SEC. 307. (a) An institution of higher education that maintains 

an endowment fund supported with funds appropriated for title 

III or V of the HEA for fiscal year 2018 may use the income 

from that fund to award scholarships to students, subject to the 

limitation in section 331(c)(3)(B)(i) of the HEA. The use of such 

income for such purposes, prior to the enactment of this Act, shall 

be considered to have been an allowable use of that income, subject 

to that limitation. 

(b) Subsection (a) shall be in effect until titles III and V of 

the HEA are reauthorized. 

SEC. 308. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is 

amended by striking ‘‘2017’’ and inserting ‘‘2018’’. 

SEC. 309. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is 

amended in paragraph (4) by striking ‘‘2017’’ and inserting ‘‘2018’’. 

(RESCISSION)

SEC. 310. Section 401(b)(7)(A)(iv)(VIII) of the Higher Education 

Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(VIII)) is amended by 

striking ‘‘$1,382,000,000’’ and inserting ‘‘$1,334,000,000’’. 

SEC. 311. (a) Notwithstanding any other provision of law except 

as provided under subsection (c), with respect to a local educational 

agency that was notified by the Secretary in fiscal year 2017 of 

the agency’s eligibility to receive a basic support payment pursuant 

to section 7003(b)(2)(B)(i)(III) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) for fiscal 

year 2017 but did not receive a payment under section 7003(b)(2) 

of such Act for fiscal year 2017, in addition to payments received 

by the local educational agency under section 7003(b)(1) of such 

Act, the Secretary shall reserve from funds appropriated to carry 

out section 7003(b) of such Act and make payments from such 

funds to such local educational agency for fiscal years 2017, 2018, 

2019, and 2020 in the following amounts: 

(1) $3,000,000 for fiscal year 2017. 

(2) $5,000,000 for fiscal year 2018. 

(3) $4,000,000 for fiscal year 2019. 

(4) $4,000,000 for fiscal year 2020. 

(b) For fiscal year 2017, a local educational agency described 

in subsection (a) shall not be eligible for a basic support payment 

pursuant to section 7003(b)(2) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7703(b)(2)). 

(c) For fiscal year 2018 and succeeding fiscal years, if a local 

educational agency described in subsection (a) is eligible to receive 

a basic support payment pursuant to section 7003(b)(2) of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7703(b)(2)), the payment received by the local educational agency 

shall be calculated under section 7003(b)(2) of such Act and not 

under subsection (a). 

(d) Section 7003(b)(2)(B) of the Elementary and Secondary Education Act (20 U.S.C. 7703(b)(2)(B)) is amended— 

(1) in clause (i)(III)— 

20 USC 7703 

note. 

48 USC 1921d 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) 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. 

20 USC 7703 

note. 


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132 STAT. 752 PUBLIC LAW 115–141—MAR. 23, 2018 

(b) An organization that receives information pursuant to subsection (a) shall not sell or otherwise share such information. 

(c) This section shall be in effect until title IV of the HEA 

is reauthorized. 

SEC. 314. (a) IN GENERAL.—For the purpose of carrying out 

section 435(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 

1085(a)(2)), the Secretary of Education may waive the requirements 

under sections 435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such Act (20 

U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii))— 

(1) for an institution of higher education that offers an 

associate degree, is a public institution, and is located in an 

economically distressed county, defined as a county that ranks 

in the lowest 5 percent of all counties in the United States 

based on a national index of county economic status; and 

(2) for an institution— 

(A) that is a public institution of higher education 

or a Tribal College or University (as defined in section 

316(b) of such Act (20 U.S.C. 1059c)); and 

(B) whose fall enrollment for the most recently completed academic year was comprised of a majority of students who are Indian (as defined in such section) or Alaska 

Natives (as defined in section 317(b) of such Act (20 U.S.C. 

1059d(b)). 

(b) APPLICABILITY.—Subsection (a) shall apply to an institution 

of higher education that otherwise would be ineligible to participate 

in a program under part A of title IV of the Higher Education 

Act of 1965 on or after the date of enactment of this Act due 

to the application of section 435(a)(2) of the Higher Education 

Act of 1965 (20 U.S.C. 1085(a)(2)). 

(c) COVERAGE.—This section shall be in effect for the period 

covered by this Act and for the succeeding fiscal year. 

SEC. 315. For an additional amount for ‘‘Department of Education—Federal Direct Student Loan Program Account’’, 

$350,000,000, to remain available until expended, shall be for the 

cost, as defined under section 502 of the Congressional Budget 

Act of 1974, of the Secretary of Education providing loan cancellation in the same manner as under section 455(m) of the Higher 

Education Act of 1965 (20 U.S.C. 1087e(m)), for borrowers of loans 

made under part D of title IV of such Act who would qualify 

for loan cancellation under section 455(m) except some, or all, 

of the 120 required payments under section 455(m)(1)(A) do not 

qualify for purposes of the program because they were monthly 

payments made in accordance with graduated or extended repayment plans as described under subparagraph (B) or (C) of section 

455(d)(1) or the corresponding repayment plan for a consolidation 

loan made under section 455(g) and that were less than the amount 

calculated under section 455(d)(1)(A), based on a 10-year repayment 

period: Provided, That the monthly payment made 12 months before 

the borrower applied for loan cancellation as described in the matter 

preceding this proviso and the most recent monthly payment made 

by the borrower at the time of such application were each not 

less than the monthly amount that would be calculated under, 

and for which the borrower would otherwise qualify for, clause 

(i) or (iv) of section 455(m)(1)(A) regarding income-based or incomecontingent 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: 

20 USC 1085 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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’’; 


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132 STAT. 754 PUBLIC LAW 115–141—MAR. 23, 2018 

(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’’. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 756 PUBLIC LAW 115–141—MAR. 23, 2018 

PAYMENT TO THE NATIONAL SERVICE TRUST

(INCLUDING TRANSFER OF FUNDS)

For payment to the National Service Trust established under subtitle D of title I of the 1990 Act, $206,842,000, to remain available until expended: Provided, That CNCS may transfer additional 

funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I of the 1990 Act to 

the National Service Trust upon determination that such transfer 

is necessary to support the activities of national service participants 

and after notice is transmitted to the Committees on Appropriations 

of the House of Representatives and the Senate: Provided further, That amounts appropriated for or transferred to the National 

Service Trust may be invested under section 145(b) of the 1990 

Act without regard to the requirement to apportion funds under 

31 U.S.C. 1513(b). 

SALARIES AND EXPENSES

For necessary expenses of administration as provided under 

section 501(a)(5) of the 1990 Act and under section 504(a) of the 

1973 Act, including payment of salaries, authorized travel, hire 

of passenger motor vehicles, the rental of conference rooms in 

the District of Columbia, the employment of experts and consultants 

authorized under 5 U.S.C. 3109, and not to exceed $2,500 for 

official reception and representation expenses, $83,737,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the Inspector General Act of 1978, $5,750,000. 

ADMINISTRATIVE PROVISIONS

SEC. 401. CNCS shall make any significant changes to program 

requirements, service delivery or policy only through public notice 

and comment rulemaking. For fiscal year 2018, during any grant 

selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding 

such selection, directly or indirectly, to any person other than 

an officer or employee of CNCS that is authorized by CNCS to 

receive such information. 

SEC. 402. AmeriCorps programs receiving grants under the 

National Service Trust program shall meet an overall minimum 

share requirement of 24 percent for the first 3 years that they 

receive AmeriCorps funding, and thereafter shall meet the overall 

minimum share requirement as provided in section 2521.60 of title 

45, Code of Federal Regulations, without regard to the operating 

costs match requirement in section 121(e) or the member support 

Federal share limitations in section 140 of the 1990 Act, and subject 

to partial waiver consistent with section 2521.70 of title 45, Code 

of Federal Regulations. 

SEC. 403. Donations made to CNCS under section 196 of the 

1990 Act for the purposes of financing programs and operations 

under titles I and II of the 1973 Act or subtitle B, C, D, or 

E of title I of the 1990 Act shall be used to supplement and 

not supplant current programs and operations. 

42 USC 12571 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 LaborManagement 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 


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132 STAT. 758 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 760 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 workrelated 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 


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132 STAT. 762 PUBLIC LAW 115–141—MAR. 23, 2018 

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 executivelegislative relationships, for publicity or propaganda purposes, for 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 764 PUBLIC LAW 115–141—MAR. 23, 2018 

(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 lifeendangering 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 


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of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional 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 


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132 STAT. 766 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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 


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132 STAT. 768 PUBLIC LAW 115–141—MAR. 23, 2018 

10 Performance Partnership Pilots. Such Pilots shall be governed 

by the provisions of section 526 of division H of Public Law 113– 

76, except that in carrying out such Pilots section 526 shall be 

applied by substituting ‘‘FISCAL YEAR 2018’’ for ‘‘FISCAL YEAR 2014’’ 

in the title of subsection (b) and by substituting ‘‘September 30, 

2022’’ for ‘‘September 30, 2018’’ each place it appears: Provided, 

That such pilots shall include communities that have experienced 

civil unrest. 

(b) In addition, Federal agencies may use Federal discretionary 

funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to 

the authority provided by section 526 of division H of Public Law 

113–76, section 524 of division G of Public Law 113–235, section 

525 of division H of Public Law 114–113, and section 525 of division 

H of Public Law 115–31. 

(c) Pilot sites selected under authorities in this Act and prior 

appropriations Acts may be granted by relevant agencies up to 

an additional 5 years to operate under such authorities. 

SEC. 526. Not later than 30 days after the end of each calendar 

quarter, beginning with the first quarter of fiscal year 2013, the 

Departments of Labor, Health and Human Services and Education 

and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate 

a quarterly report on the status of balances of appropriations: 

Provided, That for balances that are unobligated and uncommitted, 

committed, and obligated but unexpended, the quarterly reports 

shall separately identify the amounts attributable to each source 

year of appropriation (beginning with fiscal year 2012, or, to the 

extent feasible, earlier fiscal years) from which balances were 

derived. 

(RESCISSION)

SEC. 527. Of any available amounts appropriated under section 

2104(a)(21) of the Social Security Act (42 U.S.C. 1397dd) that are 

unobligated as of September 25, 2018, $3,572,000,000 are hereby 

rescinded as of such date. 

SEC. 528. Amounts deposited in the Child Enrollment Contingency Fund prior to the beginning of fiscal year 2018 under section 

2104(n)(2) of the Social Security Act and the income derived from 

investment of those funds pursuant to section 2104(n)(2)(C) of that 

Act, shall not be available for obligation in this fiscal year. 

SEC. 529. Of the amounts deposited in the Child Enrollment 

Contingency Fund for fiscal year 2018 under section 2104(n)(2) 

of the Social Security Act and the income derived from investment 

of those funds pursuant to section 2104(n)(2)(C) of that Act, 

$1,967,678,000 shall not be available for obligation in this fiscal 

year. 

(RESCISSION)

SEC. 530. Of the funds made available for purposes of carrying 

out section 2105(a)(3) of the Social Security Act, $88,613,000 are 

hereby rescinded. 

31 USC 1502 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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—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 author- ized 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. 

Legislative 

Branch 

Appropriations 

Act, 2018 

2 USC 60a note. 


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132 STAT. 770 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 772 PUBLIC LAW 115–141—MAR. 23, 2018 

ADMINISTRATIVE PROVISIONS

REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFICIAL PERSONNEL

AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUC- TION 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 ES1’’ 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: 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 774 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(iii) the total amount of the loan payments to 

be made (including such increase) during the 

remainder of the required period of employment does 

not exceed the amount of student loan indebtedness 

of the eligible employee as of the date of the increase.’’. 

(b) The amendments made by this section shall— 

(1) take effect on the date of enactment of this Act; and 

(2) apply to a service agreement under section 102 of the 

Legislative Branch Appropriations Act, 2002 (2 U.S.C. 4579) 

that is in effect on the date of enactment of this Act or entered 

into on or after the date of enactment of this Act. 

HOUSE OF REPRESENTATIVES 

SALARIES AND EXPENSES

For salaries and expenses of the House of Representatives, 

$1,200,000,766, as follows: 

HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $22,278,891, 

including: Office of the Speaker, $6,645,417, including $25,000 for 

official expenses of the Speaker; Office of the Majority Floor Leader, 

$2,180,048, including $10,000 for official expenses of the Majority 

Leader; Office of the Minority Floor Leader, $7,114,471, including 

$10,000 for official expenses of the Minority Leader; Office of the 

Majority Whip, including the Chief Deputy Majority Whip, 

$1,886,632, including $5,000 for official expenses of the Majority 

Whip; Office of the Minority Whip, including the Chief Deputy 

Minority Whip, $1,459,639, including $5,000 for official expenses 

of the Minority Whip; Republican Conference, $1,505,426; Democratic Caucus, $1,487,258: Provided, That such amount for salaries 

and expenses shall remain available from January 3, 2018 until 

January 2, 2019. 

MEMBERS’ REPRESENTATIONAL ALLOWANCES

INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF

MEMBERS, AND OFFICIAL MAIL

For Members’ representational allowances, including Members’ 

clerk hire, official expenses, and official mail, $562,632,498. 

COMMITTEE EMPLOYEES

STANDING COMMITTEES, SPECIAL AND SELECT

For salaries and expenses of standing committees, special and 

select, authorized by House resolutions, $127,053,373: Provided, 

That such amount shall remain available for such salaries and 

expenses until December 31, 2018, except that $3,150,200 of such 

amount shall remain available until expended for committee room 

upgrading. 

2 USC 4579 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 776 PUBLIC LAW 115–141—MAR. 23, 2018 

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’ REPRESEN- TATIONAL 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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of the enactment of this Act. 

TRANSFER OF FUNDS

SEC. 119. (a) Notwithstanding any other provision of law, upon 

completion of the second fiscal year which begins after the end 

of the period during which amounts appropriated under any of 

the items under the heading ‘‘House of Representatives, Salaries 

and Expenses’’ are available for obligation or expenditure, any 

such amounts which remain unobligated and unexpended shall 

be transferred to the heading ‘‘House of Representatives, Salaries 

and Expenses, Allowances and Expenses’’ and shall be available 

until expended for purposes of House of Representatives Business 

Continuity and Disaster Recovery. 

(b) Subsection (a) does not apply to amounts appropriated under 

the heading ‘‘House of Representatives, Salaries and Expenses, 

Members’ Representational Allowances’’. 

(c) The Chief Administrative Officer of the House of Representatives shall notify the Committee on Appropriations of the House 

of Representatives prior to the obligation or expenditure of any 

amounts transferred under subsection (a). 

(d) This section shall apply with respect to amounts appropriated for fiscal year 2018 or any succeeding fiscal year. 

2 USC 5511. 

2 USC 5545 note. 


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132 STAT. 778 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 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 

2 USC 605a. 


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132 STAT. 780 PUBLIC LAW 115–141—MAR. 23, 2018 

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 oper- ation 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: 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 782 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 784 PUBLIC LAW 115–141—MAR. 23, 2018 

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.’’. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 786 PUBLIC LAW 115–141—MAR. 23, 2018 

(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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) PROSPECTIVE APPLICABILITY.—This section and the amendments made by this section— 

(1) shall take effect on the date of enactment of this section; 

and 

(2) shall apply to any charge, complaint, or claim, that 

is made on or after the date of enactment of this section, 

of a violation of— 

(A) section 201, 202, 203, 207, or 210 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311 et seq.); 

or 

(B) a direct provision as defined in section 404(a) of 

the Congressional Accountability Act of 1995 (2 U.S.C. 

1404) (as added by subsection (b)). 

EQUAL ACCESS TO CONGRESSIONAL RESEARCH SERVICE REPORTS

SEC. 154. (a) DEFINITIONS.— 

(1) CRS PRODUCT.—In this section, the term ‘‘CRS product’’ 

means any final written work product of CRS containing 

research or analysis in any format that is available for general 

congressional access on the CRS Congressional Intranet. 

(2) CRS REPORT.— 

(A) IN GENERAL.—In this section, the term ‘‘CRS 

Report’’ means any written CRS product, including an 

update to a previous written CRS product, consisting of— 

(i) a Congressional Research Service Report; or 

(ii) a Congressional Research Service Authorization of Appropriations Product and Appropriations 

Product, which is available for general congressional 

access on the CRS Congressional Intranet. 

(B) EXCLUSIONS.—The term ‘‘CRS Report’’ does not 

include— 

(i) any CRS product that is determined by the 

CRS Director to be a confidential product or service 

because it was prepared in response to a congressional 

request or requests for confidential analysis or research 

and is not available for general congressional access 

on the CRS Congressional Intranet; 

(ii) any Congressional Research Service Report or 

any Congressional Research Service Authorization of 

Appropriations Product and Appropriations Product 

reported or produced before the effective date of this 

2 USC 166a. 

2 USC 1301 note. 


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132 STAT. 788 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 790 PUBLIC LAW 115–141—MAR. 23, 2018 

(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. 


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(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 


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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 


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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 


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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 


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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’’. 


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DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2018 

TITLE I 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by 

law, including personnel in the Army Corps of Engineers and other 

personal services necessary for the purposes of this appropriation, 

and for construction and operation of facilities in support of the 

functions of the Commander in Chief, $923,994,000, to remain 

available until September 30, 2022: Provided, That, of this amount, 

not to exceed $101,470,000 shall be available for study, planning, 

design, architect and engineer services, and host nation support, 

as authorized by law, unless the Secretary of the Army determines 

that additional obligations are necessary for such purposes and 

notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, naval installations, facilities, 

and real property for the Navy and Marine Corps as currently 

authorized by law, including personnel in the Naval Facilities 

Engineering Command and other personal services necessary for 

the purposes of this appropriation, $1,553,275,000, to remain available until September 30, 2022: Provided, That, of this amount, 

not to exceed $219,069,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 

unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees 

on Appropriations of both Houses of Congress of the determination 

and the reasons therefor. 

MILITARY CONSTRUCTION, AIR FORCE

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized 

by law, $1,543,558,000, to remain available until September 30, 

2022: Provided, That, of this amount, not to exceed $97,852,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Secretary of 

the Air Force determines that additional obligations are necessary 

for such purposes and notifies the Committees on Appropriations 

of both Houses of Congress of the determination and the reasons 

therefor. 

Military 

Construction, 

Veterans Affairs, 

and Related 

Agencies 

Appropriations 

Act, 2018. 


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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. 


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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, 


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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. 


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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 


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(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 


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for the construction of military projects may be obligated for a 

military construction project or contract, or for any portion of such 

a project or contract, at any time before the end of the fourth 

fiscal year after the fiscal year for which funds for such project 

were made available, if the funds obligated for such project: (1) 

are obligated from funds available for military construction projects; 

and (2) do not exceed the amount appropriated for such project, 

plus any amount by which the cost of such project is increased 

pursuant to law. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 117. Subject to 30 days prior notification, or 14 days 

for a notification provided in an electronic medium pursuant to 

sections 480 and 2883 of title 10, United States Code, to the 

Committees on Appropriations of both Houses of Congress, such 

additional amounts as may be determined by the Secretary of 

Defense may be transferred to: (1) the Department of Defense 

Family Housing Improvement Fund from amounts appropriated 

for construction in ‘‘Family Housing’’ accounts, to be merged with 

and to be available for the same purposes and for the same period 

of time as amounts appropriated directly to the Fund; or (2) the 

Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military 

unaccompanied housing in ‘‘Military Construction’’ accounts, to be 

merged with and to be available for the same purposes and for 

the same period of time as amounts appropriated directly to the 

Fund: Provided, That appropriations made available to the Funds 

shall be available to cover the costs, as defined in section 502(5) 

of the Congressional Budget Act of 1974, of direct loans or loan 

guarantees issued by the Department of Defense pursuant to the 

provisions of subchapter IV of chapter 169 of title 10, United States 

Code, pertaining to alternative means of acquiring and improving 

military family housing, military unaccompanied housing, and supporting facilities. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 118. In addition to any other transfer authority available 

to the Department of Defense, amounts may be transferred from 

the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses 

associated with the Homeowners Assistance Program incurred 

under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 

merged with and be available for the same purposes and for the 

same time period as the fund to which transferred. 

SEC. 119. Notwithstanding any other provision of law, funds 

made available in this title for operation and maintenance of family 

housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer 

quarters: Provided, That not more than $35,000 per unit may 

be spent annually for the maintenance and repair of any general 

or flag officer quarters without 30 days prior notification, or 14 

days for a notification provided in an electronic medium pursuant 

to sections 480 and 2883 of title 10, United States Code, to the 

Committees on Appropriations of both Houses of Congress, except 

that an after-the-fact notification shall be submitted if the limitation 

10 USC 2821 

note. 


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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. 


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SEC. 125. For an additional amount for the accounts and in 

the amounts specified, to remain available until September 30, 

2022: 

‘‘Military Construction, Army’’, $93,800,000, of which 

$25,000,000 is for planning and design; 

‘‘Military Construction, Navy and Marine Corps’’, 

$202,130,000, of which $25,000,000 is for planning and design; 

‘‘Military Construction, Air Force’’, $138,100,000, of which 

$25,000,000 is for planning and design; 

‘‘Military Construction, Army National Guard’’, 

$113,500,000, of which $20,000,000 is for planning and design; 

‘‘Military Construction, Air National Guard’’, $52,000,000, 

of which $20,000,000 is for planning and design; 

‘‘Military Construction, Army Reserve’’, $76,000,000, of 

which $20,000,000 is for planning and design; and 

‘‘Military Construction, Air Force Reserve’’, $64,100,000, 

of which $20,000,000 is for planning and design: 

Provided, That such funds may only be obligated to carry out 

construction projects identified in the respective military department’s unfunded priority list for fiscal year 2018 submitted to 

Congress: Provided further, That such projects are subject to 

authorization prior to obligation and expenditure of funds to carry 

out construction: Provided further, That not later than 30 days 

after enactment of this Act, the Secretary of the military department 

concerned, or his or her designee, shall submit to the Committees 

on Appropriations of both Houses of Congress an expenditure plan 

for funds provided under this section. 

(RESCISSIONS OF FUNDS)

SEC. 126. Of the unobligated balances available to the Department of Defense from prior appropriation Acts, the following funds 

are hereby rescinded from the following accounts in the amounts 

specified: 

‘‘NATO Security Investment Program’’, $25,000,000; and 

‘‘Family Housing Construction, Army’’, $18,000,000: 

Provided, That no amounts may be rescinded from amounts that 

were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement 

pursuant to a concurrent resolution on the budget or the Balanced 

Budget and Emergency Deficit Control Act of 1985, as amended. 

SEC. 127. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Committees on Armed Services 

of the House of Representatives and the Senate, the Subcommittee 

on Military Construction and Veterans Affairs of the Committee 

on Appropriations of the Senate, and the Subcommittee on Military 

Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives. 

SEC. 128. None of the funds made available by this Act may 

be used to carry out the closure or realignment of the United 

States Naval Station, Guanta ́namo 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 

10 USC 221 note. 


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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 


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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. 


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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 


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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 nonDepartment 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, 


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$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 


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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. 


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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— 


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(1) enters into an agreement with an appropriate nonDepartment 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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 814 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 816 PUBLIC LAW 115–141—MAR. 23, 2018 

(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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 818 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 820 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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, 


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132 STAT. 822 PUBLIC LAW 115–141—MAR. 23, 2018 

or one or more Native Hawaiian Organizations as defined in section 

637(a)(15) of title 15, United States Code. 

SEC. 240. (a) Except as provided in subsection (b), the Secretary 

of Veterans Affairs, in consultation with the Secretary of Defense 

and the Secretary of Labor, shall discontinue using Social Security 

account numbers to identify individuals in all information systems 

of the Department of Veterans Affairs as follows: 

(1) For all veterans submitting to the Secretary of Veterans 

Affairs new claims for benefits under laws administered by 

the Secretary, not later than 5 years after the date of the 

enactment of this Act. 

(2) For all individuals not described in paragraph (1), not 

later than 8 years after the date of the enactment of this 

Act. 

(b) The Secretary of Veterans Affairs may use a Social Security 

account number to identify an individual in an information system 

of the Department of Veterans Affairs if and only if the use of 

such number is required to obtain information the Secretary 

requires from an information system that is not under the jurisdiction of the Secretary. 

SEC. 241. For funds provided to the Department of Veterans 

Affairs for each of fiscal year 2018 and 2019 for ‘‘Medical Services’’, 

section 239 of Division A of Public Law 114–223 shall apply. 

SEC. 242. None of the funds appropriated in this or prior 

appropriations Acts or otherwise made available to the Department 

of Veterans Affairs may be used to transfer any amounts from 

the Filipino Veterans Equity Compensation Fund to any other 

account within the Department of Veterans Affairs. 

(RESCISSIONS OF FUNDS)

SEC. 243. (a) Of the unobligated balance of funds made available 

through September 30, 2018, under the heading ‘‘Construction, 

Major Projects’’ in division J of the Consolidated Appropriations 

Act, 2014 (Public Law 113–76), $10,000,000 is hereby rescinded. 

(b) For an additional amount for ‘‘Construction, Major Projects’’, 

$10,000,000, to remain available until September 30, 2023. 

(c) Of the unobligated balance of funds made available through 

September 30, 2019, under the heading ‘‘Construction, Major 

Projects’’ in division I of the Consolidated and Further Continuing 

Appropriations Act, 2015 (Public Law 113–235), $410,000,000 is 

hereby rescinded. 

(d) For an additional amount for ‘‘Construction, Major Projects’’, 

$410,000,000, to remain available until September 30, 2024. 

SEC. 244. Of the funds provided to the Department of Veterans 

Affairs for each of fiscal year 2018 and fiscal year 2019 for ‘‘Medical 

Services’’, funds may be used in each year to carry out and expand 

the child care program authorized by section 205 of Public Law 

111–163, notwithstanding subsection (e) of such section. 

SEC. 245. (a) Section 204(c) of the Department of Veterans 

Affairs Health Care Programs Enhancement Act of 2001 (Public 

Law 107–135; 38 U.S.C. 1710 note) is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The program’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The program shall be carried out at not fewer than 

two medical centers or clinics in each Veterans Integrated 

Service Network by not later than December 31, 2019, and 

38 USC 5701 

note prec. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. (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 

38 USC 7601 

note. 


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132 STAT. 824 PUBLIC LAW 115–141—MAR. 23, 2018 

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.’’. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 825 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to an individual dying on or after the 

date of the enactment of this Act. 

SEC. 252. The Secretary may carry out a 2-year pilot program 

making grants to nonprofit veterans services organizations recognized by the Secretary in accordance with section 5902 of title 

38, United States Code, to upgrade, through construction and repair, 

VSO community facilities into health and wellness centers and 

to promote and expand complementary and integrative wellness 

programs: Provided, That no single grant may exceed a total of 

$500,000: Provided further, That the Secretary may not provide 

more than 20 grants during the 2-year pilot program: Provided 

further, That the recipient of a grant under this section may not 

use the grant to purchase real estate or to carry out repair of 

facilities leased by the recipient or to construct facilities on property 

leased by the recipient: Provided further, That the Secretary ensures 

that the grant recipients use grant funds to construct or repair 

facilities located in at least 10 different geographic locations in 

economically depressed areas or areas designated as highly rural 

that are not in close proximity to Department of Veterans Affairs 

medical centers: Provided further, That the Secretary shall report 

to the Committees on Appropriations of both Houses of Congress 

no later than 180 days after enactment of this Act, on the grant 

program established under this section. 

SEC. 253. None of the funds appropriated in this or any other 

Act for ‘‘Grants for Construction of State Extended Care Facilities’’ 

may be used to award grants for applications included in priority 

one of the priority list for the first time which have been assigned 

a higher priority ranking for fiscal year 2018 than unfunded applications which met the eligibility requirements defined in section 

8135(c) of title 38, United States Code, in fiscal year 2017 and 

continue to meet those requirements in fiscal year 2018: Provided, 

That the Secretary may award grants for new applications in fiscal 

year 2018 for projects that did not meet eligibility requirements 

defined in section 8135(c) of title 38, United States Code, in fiscal 

year 2017 only after applications which met priority one eligibility 

requirements in fiscal year 2017 and continue to meet those requirements defined in section 8135(c) of title 38, United States Code, 

have been funded: Provided further, That nothing in this section 

shall preclude the Secretary from assigning a higher priority 

ranking or funding a grant application to correct conditions that 

threaten the life or safety of patients which meet the criteria 

laid out in section 8135(c) of title 38, United States Code. 

SEC. 254. None of the funds appropriated or otherwise made 

available by this Act may be used to conduct research using canines 

unless: the scientific objectives of the study can only be met by 

research with canines; the study has been directly approved by 

the Secretary; and the study is consistent with the revised Department of Veterans Affairs canine research policy document released 

on December 18, 2017: Provided, That not later than 180 days 

after enactment of this Act, the Secretary shall submit to the 

Committees on Appropriations of both Houses of Congress a detailed 

report outlining under what circumstances canine research may 

be needed if there are no other alternatives, how often it was 

used during that time period, and what protocols are in place 

to determine both the safety and efficacy of the research. 

38 USC 1701 

note. 

38 USC 2402 

note. 


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132 STAT. 826 PUBLIC LAW 115–141—MAR. 23, 2018 

SEC. 255. For an additional amount for the Department of 

Veterans Affairs, $2,000,000,000 to remain available until expended, 

for infrastructure improvements, including new construction, and 

in addition to amounts otherwise made available in this act for 

such purpose, of which: 

(1) $1,000,000,000 shall be for ‘‘Veterans Health Administration—Medical Facilities’’ to be used for non-recurring 

maintenance; 

(2) $425,000,000 shall be for ‘‘Departmental Administration—Construction, Minor Projects’’; and, 

(3) $575,000,000 shall be for ‘‘Departmental Administration—Grants for Construction of State Extended Care Facilities’’; 

Provided, That the additional amounts appropriated for the purposes of non-recurring maintenance and minor construction may 

be used to carry out critical life-safety projects identified in the 

Department’s annual facility condition assessments; sustainment 

projects; modernization projects; infrastructure repair; renovations 

at existing Veterans Health Administration medical centers and 

outpatient clinics; and projects included in the Strategic Capital 

Investment Process plan: Provided further, That the additional 

amounts appropriated under this section may not be obligated 

or expended until the Secretary of Veterans Affairs submits to 

the Committees on Appropriations of both Houses of Congress, 

and such Committees approve, a detailed expenditure plan, 

including project descriptions and costs, for any non-recurring 

maintenance, minor construction or State extended care facility 

project being funded with the additional amounts made available 

in this administrative provision. 

SEC. 256. Subsection (d) of section 504 of the Veterans’ Benefits 

Improvement Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 

note), as amended, is further amended to read as follows: 

‘‘(c) SOURCE OF FUNDS.—Expenses of carrying out the pilot 

program under this section, including payments for pilot program 

examination travel and incidental expenses under the terms and 

conditions set forth by 38 U.S.C. 111, shall be reimbursed to the 

accounts available for the general operating expenses of the Veterans Benefits Administration and information technology systems 

from amounts available to the Secretary of Veterans Affairs for 

payment of compensation and pensions.’’. 

SEC. 257. None of the funds made available by this Act may 

be used to charge a veteran a fee for a veterans identification 

card pursuant to section 5706(c) of title 38, United States Code. 

SEC. 258. (a) IN GENERAL.—Subchapter II of chapter 17 of 

title 38, United States Code, is amended by adding at the end 

the following new section: 

‘‘§ 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. 

38 USC 1712I. 

38 USC 5101 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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— 


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132 STAT. 828 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(A) 180 days after the date of the enactment of the 

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018; or 

‘‘(B) 180 days after the date on which the individual 

was discharged or released from the active military, naval, 

or air service; 

‘‘(2) shall include availability of a toll-free telephone 

number (commonly referred to as an 800 number); 

‘‘(3) shall ensure that information about the mental health 

care services available under this section— 

‘‘(A) is revised and updated as appropriate; 

‘‘(B) is made available and visibly posted at appropriate 

facilities of the Department; and 

‘‘(C) is made available to State veteran agencies and 

through appropriate public information services; and 

‘‘(4) shall include coordination with the Secretary of Defense 

seeking to ensure that members of the Armed Forces and 

individuals who are being separated from active military, naval, 

or air service are provided appropriate information about programs, requirements, and procedures for applying for mental 

health care services under this section. 

‘‘(f) ANNUAL REPORTS.—(1) Not less frequently than once each 

year, the Secretary shall submit to the Committee on Veterans’ 

Affairs of the Senate and the Committee on Veterans’ Affairs of 

the House of Representatives a report on the mental and behavioral 

health care services provided under this section. 

‘‘(2) Each report submitted under paragraph (1) shall include, 

with respect to the year preceding the submittal of the report, 

the following: 

‘‘(A) The number of eligible individuals who were furnished 

mental or behavioral health care services under this section, 

disaggregated by the number of men who received such services 

and the number of women who received such services. 

‘‘(B) The number of individuals who requested an initial 

mental health assessment under subsection (a)(1). 

‘‘(C) Such other information as the Secretary considers 

appropriate.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended 

by inserting after the item relating to section 1720H the following 

new item: 

‘‘1720I. Mental and behavioral health care for certain former members of the Armed 

Forces.’’. 

SEC. 259. (a) IN GENERAL.—Chapter 53 of title 38, United 

States Code, is amended by inserting after section 5303A the following new section: 

‘‘§ 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. 

38 USC 5303B. 

38 USC 1701 

prec. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 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. 

38 USC 5301 

prec. 


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132 STAT. 830 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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, DefenseWide’’, $24,300,000, to remain available until September 30, 2022, 

for projects outside of the United States: Provided, That such 

amount is designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

ADMINISTRATIVE PROVISIONS

SEC. 401. Each amount designated in this Act by the Congress 

for Overseas Contingency Operations/Global War on Terrorism 

pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

Emergency Deficit Control Act of 1985 shall be available only if 

the President subsequently so designates all such amounts and 

transmits such designations to the Congress. 

SEC. 402. Notwithstanding any other provision of law, the 

Secretary of Defense is directed to provide the congressional defense 

committees a future years defense program for funds appropriated 

to the Department of Defense for construction projects related to 

European Reassurance Initiative and European Deterrence Initiative beginning in fiscal year 2018 and each subsequent fiscal year 

10 USC 221 note. 


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132 STAT. 832 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 firstclass 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, Guanta ́namo 

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, 

Guanta ́namo 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, 

Guanta ́namo 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, Guanta ́namo Bay, Cuba. 

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

DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS 

ACT, 2018 

TITLE I 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the 

Foreign Service not otherwise provided for, $5,744,440,000, of which 

up to $654,553,000 may remain available until September 30, 2019, 

and of which up to $1,380,752,000 may remain available until 

Department of 

State, Foreign 

Operations, and 

Related 

Programs 

Appropriations 

Act, 2018. 


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132 STAT. 834 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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 


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132 STAT. 836 PUBLIC LAW 115–141—MAR. 23, 2018 

for acquisition of furniture, furnishings, or generators for other 

departments and agencies of the United States Government. 

In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $1,477,237,000, to 

remain available until expended: Provided, That not later than 

45 days after enactment of this Act, the Secretary of State shall 

submit to the Committees on Appropriations the proposed allocation 

of funds made available under this heading and the actual and 

anticipated proceeds of sales for all projects in fiscal year 2018. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For necessary expenses to enable the Secretary of State to 

meet unforeseen emergencies arising in the Diplomatic and Consular Service, as authorized, $7,885,000, to remain available until 

expended, of which not to exceed $1,000,000 may be transferred 

to, and merged with, funds appropriated by this Act under the 

heading ‘‘Repatriation Loans Program Account’’, subject to the same 

terms and conditions. 

REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $1,300,000, as authorized: Provided, That such costs, including the cost of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974: Provided further, That such funds are available to subsidize 

gross obligations for the principal amount of direct loans not to 

exceed $2,440,856. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

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

INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA

Not to exceed $1,806,600 shall be derived from fees collected 

from other executive agencies for lease or use of facilities at the 

International Center in accordance with section 4 of the International Center Act (Public Law 90–553), and, in addition, as 

authorized by section 5 of such Act, $743,000, to be derived from 

the reserve authorized by such section, to be used for the purposes 

set out in that section. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability 

Fund, as authorized, $158,900,000. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For necessary expenses, not otherwise provided for, to meet 

annual obligations of membership in international multilateral 

organizations, pursuant to treaties ratified pursuant to the advice 

and consent of the Senate, conventions, or specific Acts of Congress, 

$1,371,168,000: Provided, That the Secretary of State shall, at 

22 USC 269a 

note. 


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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 


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132 STAT. 838 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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peacekeeping missions, and to consider a draw down when mission 

goals have been substantially achieved. 

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet 

obligations of the United States arising under treaties, or specific 

Acts of Congress, as follows: 

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

Mexico, and to comply with laws applicable to the United States 

Section, including not to exceed $6,000 for representation expenses; 

as follows: 

SALARIES AND EXPENSES

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

CONSTRUCTION

For detailed plan preparation and construction of authorized 

projects, $29,400,000, to remain available until expended, as authorized. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary 

Commission, United States and Canada, as authorized by treaties 

between the United States and Canada or Great Britain, and the 

Border Environment Cooperation Commission as authorized by the 

North American Free Trade Agreement Implementation Act (Public 

Law 103–182), $13,258,000: Provided, That of the amount provided 

under this heading for the International Joint Commission, up 

to $500,000 may remain available until September 30, 2019, and 

$9,000 may be made available for representation expenses. 

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $46,356,000: Provided, That the United States share of such expenses may be 

advanced to the respective commissions pursuant to section 3324 

of title 31, United States Code. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses to enable the Broadcasting Board of 

Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio, 

22 USC 268a 

note. 


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132 STAT. 840 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 841 

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For necessary expenses of the Center for Middle EasternWestern 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. 


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132 STAT. 842 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 844 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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 


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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 


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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 


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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 


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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 


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$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 


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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 InterAmerican 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 


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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 


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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 


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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 


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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. 


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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 Develop- ment 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, 


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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 


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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 


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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. 


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(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 


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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. 


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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 


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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’E ́TAT

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’e ́tat or decree or, after the date 


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of enactment of this Act, a coup d’e ́tat 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 


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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. 


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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 


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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 


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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 


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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 


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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, 


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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; 


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(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 


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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 


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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.— 


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(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 


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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 


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commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further, That this subsection shall 

not prohibit— 

(1) activities in a country that is eligible for assistance 

from the International Development Association, is not eligible 

for assistance from the International Bank for Reconstruction 

and Development, and does not export on a consistent basis 

the agricultural commodity with respect to which assistance 

is furnished; or 

(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a 

complex emergency. 

(b) EXPORTS.—None of the funds appropriated by this or any 

other Act to carry out chapter 1 of part I of the Foreign Assistance 

Act of 1961 shall be available for any testing or breeding feasibility 

study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or 

production in a foreign country of an agricultural commodity for 

export which would compete with a similar commodity grown or 

produced in the United States: Provided, That this subsection shall 

not prohibit— 

(1) activities designed to increase food security in developing countries where such activities will not have a significant 

impact on the export of agricultural commodities of the United 

States; 

(2) research activities intended primarily to benefit United 

States producers; 

(3) activities in a country that is eligible for assistance 

from the International Development Association, is not eligible 

for assistance from the International Bank for Reconstruction 

and Development, and does not export on a consistent basis 

the agricultural commodity with respect to which assistance 

is furnished; or 

(4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a 

complex emergency. 

(c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of 

the Treasury shall instruct the United States executive directors 

of the international financial institutions, as defined in section 

7034(r)(3) of this Act, to use the voice and vote of the United 

States to oppose any assistance by such institutions, using funds 

appropriated or made available by this Act, for the production 

or extraction of any commodity or mineral for export, if it is in 

surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or 

competing commodity. 

SEPARATE ACCOUNTS

SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— 

(1) AGREEMENTS.—If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part 

I or chapter 4 of part II of the Foreign Assistance Act of 

1961 under agreements which result in the generation of local 

currencies of that country, the Administrator of the United 

States Agency for International Development shall— 

22 USC 2362 

note. 

22 USC 262h 

note. 


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(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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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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 


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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 


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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 debtfor-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-GOVERN- MENT 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 


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(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 costreimbursable 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 governmentto-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. 


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(6) DEBT SERVICE PAYMENT PROHIBITION.—None of the 

funds made available by this Act may be used by the government of any foreign country for debt service payments owed 

by any country to any international financial institution: Provided, That for purposes of this paragraph, the term ‘‘international financial institution’’ has the meaning given the term 

in section 7034(r)(3) of this Act. 

(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.— (1) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.— The Secretary of State shall continue to update and strengthen 

the ‘‘minimum requirements of fiscal transparency’’ for each 

government receiving assistance appropriated by this Act, as 

identified in the report required by section 7031(b) of the 

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113– 

76). 

(2) DEFINITION.—For purposes of paragraph (1), ‘‘minimum 

requirements of fiscal transparency’’ are requirements consistent with those in subsection (a)(1), and the public disclosure 

of national budget documentation (to include receipts and 

expenditures by ministry) and government contracts and 

licenses for natural resource extraction (to include bidding and 

concession allocation practices). 

(3) DETERMINATION AND REPORT.—For each government 

identified pursuant to paragraph (1), the Secretary of State, 

not later than 180 days after enactment of this Act, shall 

make or update any determination of ‘‘significant progress’’ 

or ‘‘no significant progress’’ in meeting the minimum requirements of fiscal transparency, and make such determinations 

publicly available in an annual ‘‘Fiscal Transparency Report’’ 

to be posted on the Department of State Web site: Provided, 

That the Secretary shall identify the significant progress made 

by each such government to publicly disclose national budget 

documentation, contracts, and licenses which are additional 

to such information disclosed in previous fiscal years, and 

include specific recommendations of short- and long-term steps 

such government should take to improve fiscal transparency: 

Provided further, That the annual report shall include a 

detailed description of how funds appropriated by this Act 

are being used to improve fiscal transparency, and identify 

benchmarks for measuring progress. 

(4) ASSISTANCE.—Funds appropriated under title III of this 

Act shall be made available for programs and activities to 

assist governments identified pursuant to paragraph (1) to 

improve budget transparency and to support civil society 

organizations in such countries that promote budget transparency: Provided, That such sums shall be in addition to 

funds otherwise available for such purposes: Provided further, 

That a description of the uses of such funds shall be included 

in the annual ‘‘Fiscal Transparency Report’’ required by paragraph (3). 

(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 

(1) INELIGIBILITY.— 

(A) Officials of foreign governments and their immediate family members about whom the Secretary of State 

has credible information have been involved in significant 

corruption, including corruption related to the extraction 

8 USC 1182 note. 


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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, 


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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’’. 


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(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; 


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(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 


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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— 


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(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. 


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(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. 


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(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, 


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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 


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(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 


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the Balanced Budget and Emergency Deficit Control Act of 1985, 

at no later than the end of the fifth fiscal year after the last 

fiscal year for which such funds are available for the purposes 

for which appropriated: Provided, That not more than $50,000,000 

may be transferred. 

(j) AUTHORITY TO COUNTER EXTREMISM.—Funds made available 

by this Act under the heading ‘‘Economic Support Fund’’ to counter 

extremism may be made available notwithstanding any other provision of law restricting assistance to foreign countries, except sections 

502B and 620A of the Foreign Assistance Act of 1961: Provided, 

That the use of the authority of this subsection shall be subject 

to prior consultation with the appropriate congressional committees, 

and the regular notification procedures of the Committees on Appropriations. 

(k) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC

MISSIONS AND INTERNATIONAL ORGANIZATIONS.—Section 7034(k) of 

the Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2015 (division J of Public Law 113–235) shall 

continue in effect during fiscal year 2018. 

(l) EXTENSION OF AUTHORITIES.— 

(1) PASSPORT FEES.—Section 1(b)(2) of the Passport Act 

of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting ‘‘September 30, 2018’’ for ‘‘September 30, 2010’’. 

(2) INCENTIVES FOR CRITICAL POSTS.—The authority contained in section 1115(d) of the Supplemental Appropriations 

Act, 2009 (Public Law 111–32) shall remain in effect through 

September 30, 2018. 

(3) USAID CIVIL SERVICE ANNUITANT WAIVER.—Section 

625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2385(j)(1)) shall be applied by substituting ‘‘September 30, 

2018’’ for ‘‘October 1, 2010’’ in subparagraph (B). 

(4) OVERSEAS PAY COMPARABILITY AND LIMITATION.— 

(A) Subject to the limitation described in subparagraph 

(B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32) shall 

remain in effect through September 30, 2018. 

(B) The authority described in subparagraph (A) may 

not be used to pay an eligible member of the Foreign 

Service (as defined in section 1113(b) of the Supplemental 

Appropriations Act, 2009 (Public Law 111–32)) a localitybased 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’’. 

22 USC 2385 

note. 

22 USC 214 note. 


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(6) INSPECTOR GENERAL ANNUITANT WAIVER.—The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111–212) shall remain in effect 

through September 30, 2018. 

(7) EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.— (A) Section 12001(d) of the Department of Defense 

Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 

1011) is amended by striking ‘‘2018’’ and inserting ‘‘2019’’. 

(B) Section 514(b)(2)(A) of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking 

‘‘and 2018’’ and inserting ‘‘2018, and 2019’’. 

(8) ACCOUNTABILITY REVIEW BOARDS.—The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security 

and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall be 

in effect for facilities in Afghanistan through September 30, 

2018, except that the notification and reporting requirements 

contained in such section shall include the Committees on 

Appropriations. 

(m) MONITORING AND EVALUATION.—Funds appropriated by this 

Act that are available for monitoring and evaluation of assistance 

under the headings ‘‘Development Assistance’’, ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee Assistance’’ shall, 

as appropriate, be made available for the regular collection of feedback obtained directly from beneficiaries on the quality and relevance of such assistance: Provided, That the Department of State 

and USAID shall, as appropriate, require implementing partners 

that receive funds under such headings to establish procedures 

for regularly collecting and responding to such feedback, inform 

the Department of State and USAID of such procedures, and report 

to the Department of State and USAID on actions taken in response 

to the feedback received: Provided further, That the Department 

of State and USAID shall conduct regular oversight to ensure 

that such feedback is collected and used by implementing partners 

to maximize the cost-effectiveness and utility of such assistance. 

(n) HIV/AIDS WORKING CAPITAL FUND.—Funds available in 

the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and 

Related Programs Appropriations Act, 2005 (Public Law 108–447) 

may be made available for pharmaceuticals and other products 

for child survival, malaria, and tuberculosis to the same extent 

as HIV/AIDS pharmaceuticals and other products, subject to the 

terms and conditions in such section: Provided, That the authority 

in section 525(b)(5) of the Foreign Operations, Export Financing, 

and Related Programs Appropriation Act, 2005 (Public Law 108– 

447) shall be exercised by the Assistant Administrator for Global 

Health, USAID, with respect to funds deposited for such non-HIV/ 

AIDS pharmaceuticals and other products, and shall be subject 

to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall include 

in the congressional budget justification an accounting of budgetary 

resources, disbursements, balances, and reimbursements related 

to such fund. 

(o) LOANS AND ENTERPRISE FUNDS.— 

(1) LOAN GUARANTEES.—Funds appropriated under the 

headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe, 

Eurasia and Central Asia’’ by this Act and prior Acts making 

appropriations for the Department of State, foreign operations, 

22 USC 4831 

note. 


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and related programs may be made available for the costs, 

as defined in section 502 of the Congressional Budget Act 

of 1974, of loan guarantees for Egypt, Jordan, Iraq, Tunisia, 

and Ukraine, which are authorized to be provided: Provided, 

That amounts made available under this paragraph for the 

costs of such guarantees shall not be considered assistance 

for the purposes of provisions of law limiting assistance to 

a country. 

(2) ENTERPRISE FUNDS.—Funds appropriated under the 

heading ‘‘Economic Support Fund’’ in this Act may be made 

available to establish and operate one or more enterprise funds 

for Egypt, Jordan, and Tunisia: Provided, That the first, third 

and fifth provisos under section 7041(b) of the Department 

of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74) shall apply 

to funds appropriated by this Act under the heading ‘‘Economic 

Support Fund’’ for an enterprise fund or funds to the same 

extent and in the same manner as such provision of law applied 

to funds made available under such section (except that the 

clause excluding subsection (d)(3) of section 201 of the SEED 

Act shall not apply): Provided further, That in addition to 

the previous proviso, the authorities in the matter preceding 

the first proviso of such section may apply to any such enterprise fund or funds: Provided further, That the authority of 

any such enterprise fund or funds to provide assistance shall 

cease to be effective on December 31, 2028. 

(3) DESIGNATION REQUIREMENT.—Funds made available 

pursuant to paragraph (1) from prior Acts making appropriations for the Department of State, foreign operations, and 

related programs that were previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985 are designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

of such Act. 

(4) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to the authorities of this subsection shall be 

subject to prior consultation with the appropriate congressional 

committees, and subject to the regular notification procedures 

of the Committees on Appropriations. 

(p) LOCAL WORKS.— 

(1) The ‘‘Small Grants Program’’ established pursuant to 

section 7080 of the Department of State, Foreign Operations, 

and Related Programs Appropriations Act, 2015 (division J 

of Public Law 113–235) shall hereafter be referred to as ‘‘Local 

Works’’. 

(2) Of the funds appropriated by this Act under the 

headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, 

and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not 

less than $47,000,000 shall be made available for Local Works 

pursuant to section 7080 of the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2015 

(division J of Public Law 113–235), which may remain available 

until September 30, 2022. 

22 USC 2152i 

note. 


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(3) For the purposes of section 7080 of the Department 

of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235), ‘‘eligible 

entities’’ shall be defined as small local, international, and 

United States-based nongovernmental organizations, educational institutions, and other small entities that have received 

less than a total of $5,000,000 from USAID over the previous 

5 fiscal years: Provided, That departments or centers of such 

educational institutions may be considered individually in 

determining such eligibility. 

(q) DEPARTMENT OF STATE INSPECTOR GENERAL WAIVER

AUTHORITY.—The Inspector General of the Department of State 

may waive the provisions of subsections (a) through (d) of section 

824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) on a 

case-by-case basis for an annuitant reemployed by the Inspector 

General on a temporary basis, subject to the same constraints 

and in the same manner by which the Secretary of State may 

exercise such waiver authority pursuant to subsection (g) of such 

section. 

(r) DEFINITIONS.— 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Unless 

otherwise defined in this Act, for purposes of this Act the 

term ‘‘appropriate congressional committees’’ means the 

Committees on Appropriations and Foreign Relations of the 

Senate and the Committees on Appropriations and Foreign 

Affairs of the House of Representatives. 

(2) FUNDS APPROPRIATED BY THIS ACT AND PRIOR ACTS.— 

Unless otherwise defined in this Act, for purposes of this Act 

the term ‘‘funds appropriated by this Act and prior Acts making 

appropriations for the Department of State, foreign operations, 

and related programs’’ means funds that remain available for 

obligation, and have not expired. 

(3) INTERNATIONAL FINANCIAL INSTITUTIONS.—In this Act 

‘‘international financial institutions’’ means the International 

Bank for Reconstruction and Development, the International 

Development Association, the International Finance Corporation, the Inter-American Development Bank, the International 

Monetary Fund, the Asian Development Bank, the Asian 

Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European 

Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency. 

(4) SOUTHERN KORDOFAN REFERENCE.—Any reference to 

Southern Kordofan in this or any other Act making appropriations for the Department of State, foreign operations, and 

related programs shall be deemed to include portions of Western 

Kordofan that were previously part of Southern Kordofan prior 

to the 2013 division of Southern Kordofan. 

(5) USAID.—In this Act, the term ‘‘USAID’’ means the 

United States Agency for International Development. 

(6) SPEND PLAN.—In this Act, the term ‘‘spend plan’’ means 

a plan for the uses of funds appropriated for a particular 

entity, country, program, purpose, or account and which shall 

include, at a minimum, a description of— 

(A) realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals; 

22 USC 2152i 

note. 

22 USC 262h 

note. 


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(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 


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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. 


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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. 


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(d) OVERSIGHT BY THE UNITED STATES AGENCY FOR INTER- NATIONAL DEVELOPMENT.— (1) The Administrator of the United States Agency for 

International Development shall ensure that Federal or nonFederal 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 


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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 


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132 STAT. 904 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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— 


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(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 semiannual 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 


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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 


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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 


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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.— 


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(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 


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(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 


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(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 


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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. 


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(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 earlywarning 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, 


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including at the Terrain compound in Juba, South Sudan 

on July 11, 2016. 

(3) EXCLUSIONS.—The limitation of paragraph (2) shall not 

apply to— 

(A) humanitarian assistance; 

(B) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and 

(C) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement 

and mutual arrangements related to such Agreement. 

(4) CONSULTATION.—Prior to the initial obligation of funds 

made available for the central Government of South Sudan 

pursuant to paragraphs (3)(B) and (C), the Secretary of State 

shall consult with the Committees on Appropriations on the 

intended uses of such funds, steps taken by such government 

to advance or implement a peace agreement, and progress 

made by the Government of South Sudan in meeting the 

requirements in paragraph (2). 

(i) SUDAN.— 

(1) LIMITATIONS.— 

(A) ASSISTANCE.—Notwithstanding any other provision 

of law, none of the funds appropriated by this Act may 

be made available for assistance for the Government of 

Sudan. 

(B) LOANS.—None of the funds appropriated by this 

Act may be made available for the cost, as defined in 

section 502 of the Congressional Budget Act of 1974, of 

modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, 

or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements. 

(2) EXCLUSIONS.—The limitations of paragraph (1) shall 

not apply to— 

(A) humanitarian assistance; 

(B) assistance for democracy programs; 

(C) assistance for the Darfur region, Southern Kordofan 

State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and 

(D) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement, 

mutual arrangements related to post-referendum issues 

associated with such Agreement, or any other internationally recognized viable peace agreement in Sudan. 

(j) ZIMBABWE.— 

(1) INSTRUCTION.—The Secretary of the Treasury shall 

instruct the United States executive director of each international financial institution to vote against any extension 

by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to 

promote democracy, unless the Secretary of State certifies and 

reports to the Committees on Appropriations that the rule 

of law has been restored, including respect for ownership and 

title to property, and freedoms of expression, association, and 

assembly. 

(2) LIMITATION.—None of the funds appropriated by this 

Act shall be made available for assistance for the central 

22 USC 2151 

note. 


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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 


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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.— 


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(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 colonialera 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 


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(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 


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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’’ 


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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. 


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(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; 


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(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— 


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(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. 


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(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, Antiterrorism, 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 


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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. 


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(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 


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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 


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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.— 


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(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. 


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(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, 


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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. 


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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 


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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 


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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— 


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(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 


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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. 


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(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. 


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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 nonFederal 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 


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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). 


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UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

MANAGEMENT

SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of the funds 

made available in title III of this Act pursuant to or to carry 

out the provisions of part I of the Foreign Assistance Act of 1961, 

including funds appropriated under the heading ‘‘Assistance for 

Europe, Eurasia and Central Asia’’, may be used by the United 

States Agency for International Development to hire and employ 

individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 

of the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949). 

(b) RESTRICTIONS.— 

(1) The number of individuals hired in any fiscal year 

pursuant to the authority contained in subsection (a) may not 

exceed 175. 

(2) The authority to hire individuals contained in subsection 

(a) shall expire on September 30, 2019. 

(c) CONDITIONS.—The authority of subsection (a) should only 

be used to the extent that an equivalent number of positions that 

are filled by personal services contractors or other non-direct hire 

employees of USAID, who are compensated with funds appropriated 

to carry out part I of the Foreign Assistance Act of 1961, including 

funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, are eliminated. 

(d) PROGRAM ACCOUNT CHARGED.—The account charged for 

the cost of an individual hired and employed under the authority 

of this section shall be the account to which the responsibilities 

of such individual primarily relate: Provided, That funds made 

available to carry out this section may be transferred to, and 

merged with, funds appropriated by this Act in title II under 

the heading ‘‘Operating Expenses’’. 

(e) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired 

and employed by USAID, with funds made available in this Act 

or prior Acts making appropriations for the Department of State, 

foreign operations, and related programs, pursuant to the authority 

of section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949), 

may be extended for a period of up to 4 years notwithstanding 

the limitation set forth in such section. 

(f) DISASTER SURGE CAPACITY.—Funds appropriated under title 

III of this Act to carry out part I of the Foreign Assistance Act 

of 1961, including funds appropriated under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’, may be used, in addition 

to funds otherwise available for such purposes, for the cost 

(including the support costs) of individuals detailed to or employed 

by USAID whose primary responsibility is to carry out programs 

in response to natural disasters, or man-made disasters subject 

to the regular notification procedures of the Committees on Appropriations. 

(g) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by 

this Act to carry out chapter 1 of part I, chapter 4 of part II, 

and section 667 of the Foreign Assistance Act of 1961, and title 

II of the Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721 

et seq.), may be used by USAID to employ up to 40 personal 

services contractors in the United States, notwithstanding any other 

provision of law, for the purpose of providing direct, interim support 

for new or expanded overseas programs and activities managed 

22 USC 3948 

note. 

22 USC 3948 

note. 

22 USC 3948 

note. 

22 USC 3948 

note. 

22 USC 3948 

note. 


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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, subrecipients, and Local Fund Agents; 


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(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 


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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 


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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 genderbased 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.— 


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(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. 


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(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 


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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 appro- priated 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 subSaharan 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 


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Overseas Private Investment Corporation: Provided further, That 

designated funding levels in this Act shall not be transferred pursuant to this section: Provided further, That the exercise of such 

authority shall be subject to the regular notification procedures 

of the Committees on Appropriations. 

(b) AUTHORITY.—Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961, the authority of subsections (a) through 

(c) of section 234 of such Act shall remain in effect until September 

30, 2018. 

ARMS TRADE TREATY

SEC. 7062. None of the funds appropriated by this Act may 

be obligated or expended to implement the Arms Trade Treaty 

until the Senate approves a resolution of ratification for the Treaty. 

INSPECTORS GENERAL

SEC. 7063. (a) PROHIBITION ON USE OF FUNDS.—None of the 

funds appropriated by this Act may be used to deny an Inspector 

General funded under this Act timely access to any records, documents, or other materials available to the department or agency 

of the United States Government over which such Inspector General 

has responsibilities under the Inspector General Act of 1978 (5 

U.S.C. App.), or to prevent or impede the access of such Inspector 

General to such records, documents, or other materials, under any 

provision of law, except a provision of law that expressly refers 

to such Inspector General and expressly limits the right of access 

of such Inspector General. 

(b) TIMELY ACCESS.—A department or agency of the United 

States Government covered by this section shall provide its 

Inspector General access to all records, documents, and other materials in a timely manner. 

(c) COMPLIANCE.—Each Inspector General covered by this section shall ensure compliance with statutory limitations on disclosure 

relevant to the information provided by the department or agency 

over which that Inspector General has responsibilities under the 

Inspector General Act of 1978 (5 U.S.C. App.). 

(d) REPORT.—Each Inspector General covered by this section 

shall report to the Committees on Appropriations within 5 calendar 

days of any failure by any department or agency of the United 

States Government to provide its Inspector General access to all 

requested records, documents, and other materials. 

REPORTING REQUIREMENTS CONCERNING INDIVIDUALS DETAINED AT

NAVAL STATION, GUANTA ́ NAMO 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, 

Guanta ́namo 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. 

22 USC 2194 

note. 


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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 


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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.— 


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(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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 954 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 956 PUBLIC LAW 115–141—MAR. 23, 2018 

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’’. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 958 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 960 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 coalfired 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 


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132 STAT. 962 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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 


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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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 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: 

22 USC 285gg. 


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132 STAT. 966 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘SEC. 30. EIGHTEENTH REPLENISHMENT. 

‘‘(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United 

States $3,291,030,000 to the eighteenth replenishment of the 

resources of the Association, subject to obtaining the necessary 

appropriations. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,291,030,000 for payment by the Secretary of the Treasury.’’. 

(c) The African Development Fund Act (22 U.S.C. 290g et 

seq.) is amended by adding at the end the following new section: 

‘‘SEC. 225. FOURTEENTH REPLENISHMENT. 

‘‘(a) The United States Governor of the Fund is authorized 

to contribute on behalf of the United States $513,900,000 to the 

fourteenth replenishment of the resources of the Fund, subject 

to obtaining the necessary appropriations. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $513,900,000 for payment by the Secretary 

of the Treasury.’’. 

RESCISSIONS

(INCLUDING RESCISSION OF FUNDS)

SEC. 7084. (a) Of the unobligated balances available to the 

President under the heading ‘‘Development Assistance’’, as identified by Treasury Appropriation Fund Symbol 72 X 1021, $23,766,000 

are rescinded. 

(b) Of the unobligated balances available under the heading 

‘‘Export and Investment Assistance, Export-Import Bank of the 

United States’’ for carryover under the heading ‘‘Receipts Collected’’ 

in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113– 

235), $10,000,000 are rescinded. 

TITLE VIII 

OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON 

TERRORISM 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $2,975,971,000, to remain available until September 30, 

2019, of which $2,376,122,000 is for Worldwide Security Protection 

and shall remain available until expended: Provided, That the 

Secretary of State may transfer up to $5,000,000 of the total funds 

made available under this heading to any other appropriation of 

22 USC 290g–24. 

22 USC 284bb. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 968 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 970 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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Financing Program’’ may be transferred to, and merged with, 

funds appropriated by this title under such headings. 

(b) GLOBAL SECURITY CONTINGENCY FUND.—Notwithstanding any other provision of this section, not to exceed $7,500,000 from 

funds appropriated under the headings ‘‘International Narcotics 

Control and Law Enforcement’’, ‘‘Peacekeeping Operations’’, and 

‘‘Foreign Military Financing Program’’ by this title in this Act 

may be transferred to, and merged with, funds previously made 

available under the heading ‘‘Global Security Contingency Fund’’. 

(c) LIMITATION.—The transfer authority provided in subsection 

(a) may only be exercised to address contingencies. 

(d) NOTIFICATION.—The transfer authority provided by this section shall be subject to prior consultation with, and the regular 

notification procedures of, the Committees on Appropriations: Provided, That such transfer authority is in addition to any transfer 

authority otherwise available under any other provision of law, 

including section 610 of the Foreign Assistance Act of 1961 which 

may be exercised by the Secretary of State for the purposes of 

this title. 

This division may be cited as the ‘‘Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2018’’. 

DIVISION L—TRANSPORTATION, HOUSING AND URBAN 

DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary, $112,813,000, of which not to exceed $3,001,000 shall be available 

for the immediate Office of the Secretary; not to exceed $1,040,000 

shall be available for the immediate Office of the Deputy Secretary; 

not to exceed $20,555,000 shall be available for the Office of the 

General Counsel; not to exceed $10,331,000 shall be available for 

the Office of the Under Secretary of Transportation for Policy; 

not to exceed $14,019,000 shall be available for the Office of the 

Assistant Secretary for Budget and Programs; not to exceed 

$2,546,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $29,356,000 shall 

be available for the Office of the Assistant Secretary for Administration; not to exceed $2,142,000 shall be available for the Office 

of Public Affairs; not to exceed $1,760,000 shall be available for 

the Office of the Executive Secretariat; not to exceed $11,318,000 

shall be available for the Office of Intelligence, Security, and Emergency Response; and not to exceed $16,745,000 shall be available 

for the Office of the Chief Information Officer: Provided, That 

the Secretary of Transportation is authorized to transfer funds 

appropriated for any office of the Office of the Secretary to any 

other office of the Office of the Secretary: Provided further, That 

no appropriation for any office shall be increased or decreased 

by more than 7 percent by all such transfers: Provided further, That notice of any change in funding greater than 7 percent shall 

Transportation, 

Housing and 

Urban 

Development, 

and Related 

Agencies 

Appropriations 

Act, 2018. 

Department of 

Transportation 

Appropriations 

Act, 2018. 


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132 STAT. 972 PUBLIC LAW 115–141—MAR. 23, 2018 

be submitted for approval to the House and Senate Committees 

on Appropriations: Provided further, That not to exceed $60,000 

shall be for allocation within the Department for official reception 

and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law, 

excluding fees authorized in Public Law 107–71, there may be 

credited to this appropriation up to $2,500,000 in funds received 

in user fees: Provided further, That none of the funds provided 

in this Act shall be available for the position of Assistant Secretary 

for Public Affairs. 

RESEARCH AND TECHNOLOGY

For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $23,465,109, of which 

$2,618,000 shall remain available until September 30, 2020, and 

of which $15,000,000, to remain available until expended, is for 

new competitive grants under 49 U.S.C. 5505 to a national center 

for congestion research and a national center for infrastructure 

research: Provided, That such amounts are in addition to amounts 

previously provided for such program: Provided further, That such 

amounts for additional national centers are provided notwithstanding 49 U.S.C. 5505(c)(2)(A): Provided further, That there may 

be credited to this appropriation, to be available until expended, 

funds received from States, counties, municipalities, other public 

authorities, and private sources for expenses incurred for training: 

Provided further, That any reference in law, regulation, judicial 

proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference 

to the Office of the Assistant Secretary for Research and Technology 

of the Department of Transportation. 

NATIONAL INFRASTRUCTURE INVESTMENTS

For capital investments in surface transportation infrastruc- ture, $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 

49 USC 112 note. 


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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 


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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 reengineering 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 


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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. 


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132 STAT. 976 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 not later than March 31 of each fiscal year hereafter, 

the Administrator of the Federal Aviation Administration shall 

transmit to Congress an annual update to the report submitted 

to Congress in December 2004 pursuant to section 221 of Public 

Law 108–176: Provided further, That the amount herein appropriated shall be reduced by $100,000 for each day after March 

31 that such report has not been submitted to the Congress: Provided further, That not later than March 31 of each fiscal year 

hereafter, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, 

hiring, and training flight standards and aircraft certification staff 

in a format similar to the one utilized for the controller staffing 

plan, including stated attrition estimates and numerical hiring goals 

by fiscal year: Provided further, That the amount herein appropriated shall be reduced by $100,000 per day for each day after 

March 31 that such report has not been submitted to Congress: 

Provided further, That funds may be used to enter into a grant 

agreement with a nonprofit standard-setting organization to assist 

in the development of aviation safety standards: Provided further, 

That none of the funds in this Act shall be available for new 

applicants for the second career training program: Provided further, 

That none of the funds in this Act shall be available for the 

Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically 

authorized by law after the date of the enactment of this Act: 

Provided further, That there may be credited to this appropriation, 

as offsetting collections, funds received from States, counties, 

municipalities, foreign authorities, other public authorities, and 

private sources for expenses incurred in the provision of agency 

services, including receipts for the maintenance and operation of 

air navigation facilities, and for issuance, renewal or modification 

of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair 

or alteration forms: Provided further, That of the funds appropriated 

under this heading, not less than $165,000,000 shall be used to 

fund direct operations of the current 253 air traffic control towers 

in the contract tower program, including the contract tower cost 

share program, and any airport that is currently qualified or that 

will qualify for the program during the fiscal year: Provided further, 

That not later than 30 days after enactment of this Act, the Secretary of Transportation shall transmit to Congress the final disposition of the Benefit Cost Analysis for applications for participation 

in the Contract Tower Program and for reevaluation of Cost-share 

Program participants pending as of January 1, 2016, as mandated 

by section 119C of division K of the Consolidated Appropriations 

Act, 2017 (Public Law 115–31): Provided further, That none of 

the funds in this Act for aeronautical charting and cartography 

are available for activities conducted by, or coordinated through, 

49 USC 44502 

note. 

49 USC 44506 

note. 


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132 STAT. 978 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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, 


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132 STAT. 980 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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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, 


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That in such cases FAA shall work with the ODA holder if requested 

to develop the capability to execute that function safely, efficiently 

and effectively. 

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

Not to exceed $439,443,925, together with advances and 

reimbursements received by the Federal Highway Administration, 

shall be obligated for necessary expenses for administration and 

operation of the Federal Highway Administration. In addition, 

$3,248,000 shall be transferred to the Appalachian Regional 

Commission in accordance with section 104(a) of title 23, United 

States Code. 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Funds available for the implementation or execution of Federalaid 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 Federalaid 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 

23 USC 104 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 984 PUBLIC LAW 115–141—MAR. 23, 2018 

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 120. (a) For fiscal year 2018, the Secretary of Transportation shall— 

(1) not distribute from the obligation limitation for Federalaid 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 

23 USC 104 note. 


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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 


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132 STAT. 986 PUBLIC LAW 115–141—MAR. 23, 2018 

of Public Law 112–141) and 104 of title 23, United States 

Code. 

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

obligation limitation for Federal-aid highways shall apply to 

contract authority for transportation research programs carried 

out under— 

(A) chapter 5 of title 23, United States Code; and 

(B) title VI of the Fixing America’s Surface Transportation Act. 

(2) EXCEPTION.—Obligation authority made available under 

paragraph (1) shall— 

(A) remain available for a period of 4 fiscal years; 

and 

(B) be in addition to the amount of any limitation 

imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. 

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of distribution of obligation limitation under subsection (a), 

the Secretary shall distribute to the States any funds (excluding 

funds authorized for the program under section 202 of title 

23, United States Code) that— 

(A) are authorized to be appropriated for such fiscal 

year for Federal-aid highway programs; and 

(B) the Secretary determines will not be allocated to 

the States (or will not be apportioned to the States under 

section 204 of title 23, United States Code), and will not 

be available for obligation, for such fiscal year because 

of the imposition of any obligation limitation for such fiscal 

year. 

(2) RATIO.—Funds shall be distributed under paragraph 

(1) in the same proportion as the distribution of obligation 

authority under subsection (a)(5). 

(3) AVAILABILITY.—Funds distributed to each State under 

paragraph (1) shall be available for any purpose described 

in section 133(b) of title 23, United States Code. 

SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by 

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of 

title 49, United States Code, may be credited to the Federal-aid 

highways account for the purpose of reimbursing the Bureau for 

such expenses: Provided, That such funds shall be subject to the 

obligation limitation for Federal-aid highway and highway safety 

construction programs. 

SEC. 122. Not less than 15 days prior to waiving, under his 

or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall 

make an informal public notice and comment opportunity on the 

intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall provide an annual report to the House 

and Senate Committees on Appropriations on any waivers granted 

under the Buy America requirements. 

SEC. 123. None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance 

unless not less than 3 days before any application approval to 

23 USC 313 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 988 PUBLIC LAW 115–141—MAR. 23, 2018 

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— 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 trucktractor 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 


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132 STAT. 990 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 992 PUBLIC LAW 115–141—MAR. 23, 2018 

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 alcoholimpaired-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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 994 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 onehalf 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 addi- tional $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 


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132 STAT. 996 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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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 


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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 


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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 


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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 


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involving Government property under control of the Maritime 

Administration: Provided, That payments received therefor shall 

be credited to the appropriation charged with the cost thereof 

and shall remain available until expended: Provided further, That 

rental payments under any such lease, contract, or occupancy for 

items other than such utilities, services, or repairs shall be covered 

into the Treasury as miscellaneous receipts. 

SEC. 171. None of the funds available or appropriated in this 

Act shall be used by the United States Department of Transportation or the United States Maritime Administration to negotiate 

or otherwise execute, enter into, facilitate or perform fee-for-service 

contracts for vessel disposal, scrapping or recycling, unless there 

is no qualified domestic ship recycler that will pay any sum of 

money to purchase and scrap or recycle a vessel owned, operated 

or managed by the Maritime Administration or that is part of 

the National Defense Reserve Fleet: Provided, That such sales 

offers must be consistent with the solicitation and provide that 

the work will be performed in a timely manner at a facility qualified 

within the meaning of section 3502 of Public Law 106–398: Provided 

further, That nothing contained herein shall affect the Maritime 

Administration’s authority to award contracts at least cost to the 

Federal Government and consistent with the requirements of 54 

U.S.C. 308704, section 3502, or otherwise authorized under the 

Federal Acquisition Regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

OPERATIONAL EXPENSES

For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $23,000,000: Provided, 

That the Secretary of Transportation shall issue a final rule to 

expand the applicability of comprehensive oil spill response plans 

within 5 days of enactment of this Act. 

HAZARDOUS MATERIALS SAFETY

For expenses necessary to discharge the hazardous materials 

safety functions of the Pipeline and Hazardous Materials Safety 

Administration, $59,000,000, of which $7,570,000 shall remain 

available until September 30, 2020: Provided, That up to $800,000 

in fees collected under 49 U.S.C. 5108(g) shall be deposited in 

the general fund of the Treasury as offsetting receipts: Provided 

further, That there may be credited to this appropriation, to be 

available until expended, funds received from States, counties, 

municipalities, other public authorities, and private sources for 

expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions. 

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline 

safety program, for grants-in-aid to carry out a pipeline safety 

49 USC 60102 

note. 


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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). 


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(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 


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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 


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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. 


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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 nonadministrative 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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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(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 


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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 


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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 


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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 tenantbased 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 atrisk 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 


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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 projectbased 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. 


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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 


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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, 


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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 selfsufficiency 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 


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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 


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further, That up to $750,000 of this amount may be for administrative contract expenses including management processes and systems 

to carry out the loan guarantee program. 

NATIVE HAWAIIAN HOUSING BLOCK GRANT

For the Native Hawaiian Housing Block Grant program, as 

authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), 

$2,000,000 to remain available until September 30, 2022: Provided, That notwithstanding section 812(b) of such Act, the Department 

of Hawaiian Home Lands may not invest grant amounts provided 

under this heading in investment securities and other obligations: 

Provided further, That the language under the first proviso under 

the heading ‘‘Native Hawaiian Housing Block Grant’’ in the Department of Housing and Urban Development Appropriations Act, 2015 

(Public Law 113–235) is amended by striking ‘‘Hawaii-based’’: Provided further, That amounts made available under this heading 

in this and prior fiscal years may be used to provide rental assistance to eligible Native Hawaiian families both on and off the 

Hawaiian Home Lands, notwithstanding any other provision of 

law. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with 

AIDS program, as authorized by the AIDS Housing Opportunity 

Act (42 U.S.C. 12901 et seq.), $375,000,000, to remain available 

until September 30, 2019, except that amounts allocated pursuant 

to section 854(c)(5) of such Act shall remain available until September 30, 2020: Provided, That the Secretary shall renew all 

expiring contracts for permanent supportive housing that initially 

were funded under section 854(c)(5) of such Act from funds made 

available under this heading in fiscal year 2010 and prior fiscal 

years that meet all program requirements before awarding funds 

for new contracts under such section: Provided further, That the 

Department shall notify grantees of their formula allocation within 

60 days of enactment of this Act. 

COMMUNITY DEVELOPMENT FUND

For assistance to units of State and local government, and 

to other entities, for economic and community development activities, and for other purposes, $3,365,000,000, to remain available 

until September 30, 2020, unless otherwise specified: Provided, 

That of the total amount provided, $3,300,000,000 is for carrying 

out the community development block grant program under title 

I of the Housing and Community Development Act of 1974, as 

amended (‘‘the Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading, not 

to exceed 20 percent of any grant made with funds appropriated 

under this heading shall be expended for planning and management 

development and administration: Provided further, That a metropolitan city, urban county, unit of general local government, Indian 

tribe, or insular area that directly or indirectly receives funds 

under this heading may not sell, trade, or otherwise transfer all 

128 Stat. 2738. 


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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 


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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 


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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 


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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 projectbased 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 performancebased 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, 


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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 


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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 Stateaided, 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 


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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.). 


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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 noncompetitive agreements entered into in accordance with the previous 


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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 housingrelated 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 


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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. 


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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 


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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 


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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; 


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(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 lowincome 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 projectbased 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 


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(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. 


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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 nonentitlement areas that received the commitment. 

SEC. 216. Public housing agencies that own and operate 400 

or fewer public housing units may elect to be exempt from any 

asset management requirement imposed by the Secretary of 

Housing and Urban Development in connection with the operating 

fund rule: Provided, That an agency seeking a discontinuance of 

a reduction of subsidy under the operating fund formula shall 

not be exempt from asset management requirements. 

SEC. 217. With respect to the use of amounts provided in 

this Act and in future Acts for the operation, capital improvement 

and management of public housing as authorized by sections 9(d) 

and 9(e) of the United States Housing Act of 1937 (42 U.S.C. 

1437g(d) and (e)), the Secretary shall not impose any requirement 

or guideline relating to asset management that restricts or limits 

in any way the use of capital funds for central office costs pursuant 

to section 9(g)(1) or 9(g)(2) of the United States Housing Act of 

1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing 

agency may not use capital funds authorized under section 9(d) 

for activities that are eligible under section 9(e) for assistance 

with amounts from the operating fund in excess of the amounts 

permitted under section 9(g)(1) or 9(g)(2). 

SEC. 218. No official or employee of the Department of Housing 

and Urban Development shall be designated as an allotment holder 

unless the Office of the Chief Financial Officer has determined 

that such allotment holder has implemented an adequate system 

of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that 

there is a trained allotment holder for each HUD sub-office under 

the accounts ‘‘Executive Offices’’ and ‘‘Administrative Support 

Offices,’’ as well as each account receiving appropriations for ‘‘Program Office Salaries and Expenses’’, ‘‘Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan 

Guarantee Program Account’’, and ‘‘Office of Inspector General’’ 

within the Department of Housing and Urban Development. 

SEC. 219. The Secretary of the Department of Housing and 

Urban Development shall, for fiscal year 2018, notify the public 

through the Federal Register and other means, as determined 

appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program 

or discretionary fund administered by the Secretary that is to 

be competitively awarded. Notwithstanding any other provision of 

law, for fiscal year 2018, the Secretary may make the NOFA available only on the Internet at the appropriate Government web site 

or through other electronic media, as determined by the Secretary. 

SEC. 220. Payment of attorney fees in program-related litigation 

shall be paid from the individual program office and Office of 

General Counsel salaries and expenses appropriations. The annual 

budget submission for the program offices and the Office of General 

42 USC 3545a 

note. 

42 USC 1437g 

note. 


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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 


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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 projectbased 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; 


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(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, 


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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’’. 


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132 STAT. 1038 PUBLIC LAW 115–141—MAR. 23, 2018 

SEC. 237. The language under the heading ‘‘Rental Assistance 

Demonstration’’ in the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55), as amended 

by Public Law 113–76, Public Law 113–235, Public Law 114–113, 

and Public Law 115–31, is amended— 

(1) in the second proviso, by striking ‘‘September 30, 2020’’ 

and inserting ‘‘September 30, 2024’’; 

(2) in the matter preceding the first proviso, by inserting 

the following before the colon: ‘‘(herein the ’First Component’)’’; 

(3) in the fourth proviso, by striking ‘‘225,000’’ and inserting 

‘‘455,000’’; 

(4) in the fourteenth proviso, by— 

(A) inserting ‘‘or nonprofit’’ before ‘‘entity, then a 

capable entity,’’; and 

(B) striking ‘‘preserves its interest’’ and inserting ‘‘or 

a nonprofit entity preserves an interest’’; 

(5) in the eighteenth proviso, by— 

(A) inserting ‘‘or with a project rental assistance contract under section 202(c)(2) of the Housing Act of 1959,’’ 

after ‘‘section 8(o) of the Act,’’; 

(B) inserting ‘‘the subordination, restructuring, or both, 

of any capital advance documentation, including any note, 

mortgage, use agreement or other agreements, evidencing 

or securing a capital advance previously provided by the 

Secretary under section 202(c)(1) of the Housing Act of 

1959 as necessary to facilitate the conversion of assistance 

while maintaining the affordability period and the designation of the property as serving elderly persons, and,’’ following ‘‘including but not limited to’’; 

(C) inserting ‘‘or assistance contracts’’ after ‘‘for such 

vouchers’’; 

(D) striking ‘‘of Housing and Urban Development’’ after 

‘‘Secretary’’; and 

(E) inserting the following before the colon: ‘‘(herein 

the ’Second Component’)’’; 

(6) by inserting the following provisos after the eighteenth 

proviso: 

‘‘Provided further, That contracts provided to properties converting 

assistance from section 101 of the Housing and Urban Development 

Act of 1965 or section 236(f)(2) of the National Housing Act located 

in high-cost areas shall have initial rents set at comparable market 

rents for the market area: Provided further, That conversions of 

assistance under the Second Component may not be the basis 

for re-screening or termination of assistance or eviction of any 

tenant family in a property participating in the demonstration 

and such a family shall not be considered a new admission for 

any purpose, including compliance with income targeting:’’; 

(7) in the twenty-first proviso, as reordered above, by 

striking ‘‘the previous proviso’’ and all that follows through 

the end of the proviso and inserting ‘‘the Second Component, 

except for conversion of section 202 project rental assistance 

contracts, shall be available for project-based subsidy contracts 

entered into pursuant to the Second Component:’’; 

(8) in the twenty-second proviso, as reordered above, by 

striking ‘‘the previous two provisos’’ and inserting ‘‘the Second 

Component, except for conversion of section 202 project rental 

assistance contracts,’’; 

42 USC 1437f 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 ‘TenantBased 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 ‘TenantBased 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. 


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132 STAT. 1040 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 dollarfor-dollar basis as such offsetting collections are received during 

fiscal year 2018, to result in a final appropriation from the general 

fund estimated at no more than $35,850,000. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

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

rooms, and the employment of experts and consultants under section 

3109 of title 5, United States Code) of the United States Interagency 

Council on Homelessness in carrying out the functions pursuant 

to title II of the McKinney-Vento Homeless Assistance Act, as 

amended, $3,600,000: Provided That title II of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended 

by striking ‘‘October 1, 2018’’ in section 209 and inserting ‘‘October 

1, 2020’’. 

TITLE IV 

GENERAL PROVISIONS—THIS ACT 

(INCLUDING RESCISSIONS)

SEC. 401. None of the funds in this Act shall be used for 

the planning or execution of any program to pay the expenses 

of, or otherwise compensate, non-Federal parties intervening in 

regulatory or adjudicatory proceedings funded in this Act. 

SEC. 402. None of the funds appropriated in this Act shall 

remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly 

so provided herein. 

SEC. 403. The expenditure of any appropriation under this 

Act for any consulting service through a procurement contract 

pursuant to section 3109 of title 5, United States Code, shall be 

limited to those contracts where such expenditures are a matter 

of public record and available for public inspection, except where 

otherwise provided under existing law, or under existing Executive 

order issued pursuant to existing law. 

SEC. 404. (a) None of the funds made available in this Act 

may be obligated or expended for any employee training that— 

(1) does not meet identified needs for knowledge, skills, 

and abilities bearing directly upon the performance of official 

duties; 

42 USC 11319 

note. 


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132 STAT. 1042 PUBLIC LAW 115–141—MAR. 23, 2018 

(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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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, waterrelated 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 


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132 STAT. 1044 PUBLIC LAW 115–141—MAR. 23, 2018 

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 TransportationFederal 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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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,’’. 


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132 STAT. 1046 PUBLIC LAW 115–141—MAR. 23, 2018 

This division may be cited as the ‘‘Transportation, Housing 

and Urban Development, and Related Agencies Appropriations Act, 

2018’’. 

DIVISION M—EXTENSIONS 

TITLE I—AIRPORT AND AIRWAY 

EXTENSION ACT OF 2018 

SECTION 1. SHORT TITLE. 

This title may be cited as the ‘‘Airport and Airway Extension 

Act of 2018’’. 

Subtitle A—Federal Aviation Programs 

SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48103(a) of 

title 49, United States Code, is amended by striking ‘‘2012’’ and 

all that follows through the period at the end and inserting ‘‘2012 

through 2018.’’. 

(b) PROJECT GRANT AUTHORITY.—Section 47104(c) of title 49, 

United States Code, is amended in the matter preceding paragraph 

(1) by striking ‘‘March 31, 2018,’’ and inserting ‘‘September 30, 

2018,’’. 

SEC. 102. EXTENSION OF EXPIRING AUTHORITIES. 

(a) Section 47107(r)(3) of title 49, United States Code, is 

amended by striking ‘‘April 1, 2018’’ and inserting ‘‘October 1, 

2018’’. 

(b) Section 47115(j) of title 49, United States Code, is amended 

by striking ‘‘2017 and for the period beginning on October 1, 2017, 

and ending on March 31, 2018’’ and inserting ‘‘2018’’. 

(c) Section 47124(b)(3)(E) of title 49, United States Code, is 

amended by striking ‘‘2012’’ and all that follows through ‘‘2018,’’ 

and inserting ‘‘2012 through 2018’’. 

(d) Section 47141(f) of title 49, United States Code, is amended 

by striking ‘‘March 31, 2018’’ and inserting ‘‘September 30, 2018’’. 

(e) Section 186(d) of the Vision 100–Century of Aviation 

Reauthorization Act (117 Stat. 2518) is amended by striking ‘‘2017 

and for the period beginning on October 1, 2017, and ending on 

March 31, 2018,’’ and inserting ‘‘2018’’. 

(f) Section 409(d) of the Vision 100–Century of Aviation 

Reauthorization Act (49 U.S.C. 41731 note) is amended by striking 

‘‘March 31, 2018’’ and inserting ‘‘September 30, 2018’’. 

(g) Section 411(h) of the FAA Modernization and Reform Act 

of 2012 (49 U.S.C. 42301 prec. note) is amended by striking ‘‘March 

31, 2018’’ and inserting ‘‘September 30, 2018’’. 

(h) Section 822(k) of the FAA Modernization and Reform Act 

of 2012 (49 U.S.C. 47141 note) is amended by striking ‘‘March 

31, 2018’’ and inserting ‘‘September 30, 2018’’. 

(i) Section 2306(b) of the FAA Extension, Safety, and Security 

Act of 2016 (130 Stat. 641) is amended by striking ‘‘April 1, 2018’’ 

and inserting ‘‘October 1, 2018’’. 

49 USC 42301 

note prec. 

26 USC 1 note. 

Airport and 

Airway 

Extension Act 

of 2018. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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). 


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132 STAT. 1048 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(iii) COVERED FACILITY DEFINED.—In this subparagraph the term ‘covered facility’ means a radar facility 

with at least 1,000,000 operations annually that is 

located in a metropolitan statistical area (as defined 

by the Office of Management and Budget) with a population estimate by the Bureau of the Census of more 

than 15,000,000 (as of July 1, 2016).’’; and 

(2) in paragraph (3)— 

(A) by inserting ‘‘except for individuals covered by the 

program described in paragraph (4),’’ after ‘‘section 3307 

of title 5,’’; and 

(B) by adding at the end the following: 

‘‘(4) RETIRED MILITARY CONTROLLERS.—The Administrator 

may establish a program to provide an original appointment 

to a position as an air traffic controller for individuals who— 

‘‘(A) are on terminal leave pending retirement from 

active duty military service or have retired from active 

duty military service within 5 years of applying for the 

appointment; and 

‘‘(B) have held either an air traffic certification or 

air traffic control facility rating according to Administration 

standards within 5 years of applying for the appointment.’’. 

Subtitle B—Aviation Revenue Provisions 

SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY 

TRUST FUND. 

(a) IN GENERAL.—Section 9502(d)(1) of the Internal Revenue 

Code of 1986 is amended— 

(1) in the matter preceding subparagraph (A) by striking 

‘‘April 1, 2018’’ and inserting ‘‘October 1, 2018’’; and 

(2) in subparagraph (A) by striking the semicolon at the 

end and inserting ‘‘or the Airport and Airway Extension Act 

of 2018;’’. 

(b) CONFORMING AMENDMENT.—Section 9502(e)(2) of such Code 

is amended by striking ‘‘April 1, 2018’’ and inserting ‘‘October 

1, 2018’’. 

SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY 

TRUST FUND. 

(a) FUEL TAXES.—Section 4081(d)(2)(B) of the Internal Revenue 

Code of 1986 is amended by striking ‘‘March 31, 2018’’ and inserting 

‘‘September 30, 2018’’. 

(b) TICKET TAXES.— 

(1) PERSONS.—Section 4261(k)(1)(A)(ii) of such Code is 

amended by striking ‘‘March 31, 2018’’ and inserting ‘‘September 30, 2018’’. 

(2) PROPERTY.—Section 4271(d)(1)(A)(ii) of such Code is 

amended by striking ‘‘March 31, 2018’’ and inserting ‘‘September 30, 2018’’. 

(c) FRACTIONAL OWNERSHIP PROGRAMS.— 

(1) TREATMENT AS NONCOMMERCIAL AVIATION.—Section 

4083(b) of such Code is amended by striking ‘‘April 1, 2018’’ 

and inserting ‘‘October 1, 2018’’. 

26 USC 9502. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1049 

(2) EXEMPTION FROM TICKET TAXES.—Section 4261(j) of such 

Code is amended by striking ‘‘March 31, 2018’’ and inserting 

‘‘September 30, 2018’’. 

TITLE II—IMMIGRATION EXTENSIONS 

SEC. 201. Section 401(b) of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

shall be applied by substituting ‘‘September 30, 2018’’ for ‘‘September 30, 2015’’. 

SEC. 202. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the 

Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and 

(III)) shall be applied by substituting ‘‘September 30, 2018’’ for 

‘‘September 30, 2015’’. 

SEC. 203. Section 220(c) of the Immigration and Nationality 

Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be 

applied by substituting ‘‘September 30, 2018’’ for ‘‘September 30, 

2015’’. 

SEC. 204. Section 610(b) of the Departments of Commerce, 

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting 

‘‘September 30, 2018’’ for ‘‘September 30, 2015’’. 

SEC. 205. Notwithstanding the numerical limitation set forth 

in section 214(g)(1)(B) of the Immigration and Nationality Act (8 

U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after 

consultation with the Secretary of Labor, and upon the determination that the needs of American businesses cannot be satisfied 

in fiscal year 2018 with United States workers who are willing, 

qualified, and able to perform temporary nonagricultural labor, 

may increase the total number of aliens who may receive a visa 

under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 

1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by 

not more than the highest number of H–2B nonimmigrants who 

participated in the H–2B returning worker program in any fiscal 

year in which returning workers were exempt from such numerical 

limitation. 

TITLE III—NATIONAL FLOOD INSURANCE PROGRAM 

EXTENSION 

SEC. 301. Sections 1309(a) and 1319 of the National Flood 

Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied 

by substituting ‘‘July 31, 2018’’ for ‘‘September 30, 2017’’. 

TITLE IV—PESTICIDE REGISTRATION IMPROVEMENT ACT 

EXTENSION 

SEC. 401. (a) The following sections of the Federal Insecticide, 

Fungicide, and Rodenticide Act shall continue in effect through 

September 30, 2018— 

(1) subparagraphs (C) through (E) of section 4(i)(1) (7 

U.S.C. 136a–1(i)(1)(C)–(E)); 

(2) section 4(k)(3) (7 U.S.C. 136a–1(k)(3)); 

(3) section 4(k)(4) (7 U.S.C. 136a–1(k)(4)); and 

(4) section 33(c)(3)(B) (7 U.S.C. 136w–8(c)(3)(B)). 

7 USC 136a–1 

note. 

42 USC 4026 

note. 

8 USC 1153 note. 

8 USC 1182 note. 

8 USC 1101 note. 

8 USC 1324a 

note. 

26 USC 4261. 


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132 STAT. 1050 PUBLIC LAW 115–141—MAR. 23, 2018 

(b)(1) Section 4(i)(1)(I) of the Federal Insecticide, Fungicide, 

and Rodenticide Act (7 U.S.C. 136a–1(i)(1)(I)) shall be applied by 

substituting ‘‘September 30, 2018’’ for ‘‘September 30, 2017’’. 

(2) Notwithstanding section 33(m)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(m)(2)), 

section 33(m)(1) of such Act (7 U.S.C. 136w–8(m)(1)) shall be 

applied by substituting ‘‘September 30, 2018’’ for ‘‘September 

30, 2017’’. 

(c) Section 408(m)(3) of the Federal Food, Drug, and Cosmetic 

Act (21 U.S.C. 346a(m)(3)) shall be applied by substituting ‘‘September 30, 2018’’ for ‘‘September 30, 2017’’. 

TITLE V—GENERALIZED SYSTEM OF 

PREFERENCES 

SEC. 501. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES. 

(a) IN GENERAL.—Section 505 of the Trade Act of 1974 (19 

U.S.C. 2465) is amended by striking ‘‘December 31, 2017’’ and 

inserting ‘‘December 31, 2020’’. 

(b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by subsection (a) 

shall apply to articles entered on or after the 30th day after 

the date of the enactment of this Act. 

(2) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS

AND RELIQUIDATIONS.— (A) IN GENERAL.—Notwithstanding section 514 of the 

Tariff Act of 1930 (19 U.S.C. 1514) or any other provision 

of law and subject to subparagraph (B), any entry of a 

covered article to which duty-free treatment or other preferential treatment under title V of the Trade Act of 1974 

(19 U.S.C. 2461 et seq.) would have applied if the entry 

had been made on December 31, 2017, that was made— 

(i) after December 31, 2017, and 

(ii) before the effective date specified in paragraph 

(1), 

shall be liquidated or reliquidated as though such entry 

occurred on the effective date specified in paragraph (1). 

(B) REQUESTS.—A liquidation or reliquidation may be 

made under subparagraph (A) with respect to an entry 

only if a request therefor is filed with U.S. Customs and 

Border Protection not later than 180 days after the date 

of the enactment of this Act that contains sufficient 

information to enable U.S. Customs and Border Protection— 

(i) to locate the entry; or 

(ii) to reconstruct the entry if it cannot be located. 

(C) PAYMENT OF AMOUNTS OWED.—Any amounts owed 

by the United States pursuant to the liquidation or 

reliquidation of an entry of a covered article under subparagraph (A) shall be paid, without interest, not later than 

90 days after the date of the liquidation or reliquidation 

(as the case may be). 

(3) DEFINITIONS.—In this subsection: 

19 USC 2465 

note. 

21 USC 346a 

note. 

7 USC 136w–8 

note. 

7 USC 136a–1 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 CRI- TERIA.—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 


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132 STAT. 1052 PUBLIC LAW 115–141—MAR. 23, 2018 

PAYGO scorecard maintained for purposes of section 4106 of H. 

Con. Res. 71 (115th Congress). 

(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding 

Rule 3 of the Budget Scorekeeping Guidelines set forth in the 

joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the 

Balanced Budget and Emergency Deficit Control Act of 1985, the 

budgetary effects of this division and each succeeding division shall 

not be estimated— 

(1) for purposes of section 251 of such Act; and 

(2) for purposes of paragraph (4)(C) of section 3 of the 

Statutory Pay-As-You-Go Act of 2010 as being included in an 

appropriation Act. 

DIVISION N—BUILD ACT 

SECTION 1. SHORT TITLE. 

This division may be cited as the ‘‘Brownfields Utilization, 

Investment, and Local Development Act of 2018’’ or the ‘‘BUILD 

Act’’. 

SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERNMENTAL ENTITIES. 

Section 101(20)(D) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9601(20)) is amended by striking ‘‘ownership or control’’ and all 

that follows through ‘‘by virtue’’ and inserting ‘‘ownership or control 

through seizure or otherwise in connection with law enforcement 

activity, or through bankruptcy, tax delinquency, abandonment, 

or other circumstances in which the government acquires title by 

virtue’’. 

SEC. 3. ALASKA NATIVE VILLAGE AND NATIVE CORPORATION RELIEF. 

Section 101(20) of the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is 

amended— 

(1) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively; 

(2) by inserting after subparagraph (D) the following: 

‘‘(E) EXCLUSION OF CERTAIN ALASKA NATIVE VILLAGES

AND NATIVE CORPORATIONS.— 

‘‘(i) IN GENERAL.—The term ‘owner or operator’ 

does not include, with respect to a facility conveyed 

to a Native village or Native Corporation (as those 

terms are defined in section 3 of the Alaska Native 

Claims Settlement Act) under the Alaska Native 

Claims Settlement Act— 

‘‘(I) the Native village or Native Corporation 

that received the facility from the United States 

Government; or 

‘‘(II) a successor in interest to which the 

facility was conveyed under section 14(c) of such 

Act. 

‘‘(ii) LIMITATION.—The exclusion provided under 

this subparagraph shall not apply to any entity 

described in clause (i) that causes or contributes to 

Brownfields 

Utilization, 

Investment, 

and Local 

Development Act 

of 2018. 

42 USC 9601 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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: 


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132 STAT. 1054 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(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 


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(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— 


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132 STAT. 1056 PUBLIC LAW 115–141—MAR. 23, 2018 

(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— 


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PUBLIC LAW 115–141—MAR. 23, 2018 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’’. 


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132 STAT. 1058 PUBLIC LAW 115–141—MAR. 23, 2018 

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’’. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 SUPPRESSION 

FUNDING AND FOREST MANAGEMENT 

ACTIVITIES ACT 

SEC. 101. SHORT TITLE. 

This division may be cited as the ‘‘Wildfire Suppression Funding 

and Forest Management Activities Act’’. 

TITLE I—WILDFIRE AND DISASTER 

FUNDING ADJUSTMENT 

SEC. 102. WILDFIRE AND DISASTER FUNDING ADJUSTMENT. 

(a) Section 251(b)(2) of the Balanced Budget and Emergency 

Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended— 

(1) in subparagraph (D)(i), by striking subclauses (I) and 

(II) and inserting the following— 

‘‘(I) the average over the previous 10 years 

(excluding the highest and lowest years) of the 

sum of the funding provided for disaster relief 

(as that term is defined on the date immediately 

before the date of enactment of the Wildfire 

Suppression Funding and Forest Management 

Activities Act); 

‘‘(II) notwithstanding clause (iv), starting in 

fiscal year 2018, five percent of the total appropriations provided after fiscal year 2011 or in the 

previous 10 years, whichever is less, net of any 

rescissions of budget authority enacted in the same 

period, with respect to amounts provided for major 

disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5121 et seq.) and designated by the 

Congress and the President as an emergency 

pursuant to subparagraph (A)(i) of this paragraph; 

and 

‘‘(III) the cumulative net total of the unused 

carryover for fiscal year 2018 and all subsequent 

fiscal years, where the unused carryover for each 

fiscal year is calculated as the sum of the amounts 

in subclauses (I) and (II) less the enacted appropriations for that fiscal year that have been designated as being for disaster relief.’’; 

(2) in subparagraph (D)(ii), by striking ‘‘not later than 

30 days after the date of enactment of the Budget Control 

Act of 2011’’ and inserting ‘‘not later than 30 days after the 

43 USC 1701 

note. 

Wildfire 

Suppression 

Funding and 

Forest 

Management 

Activities Act. 


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132 STAT. 1060 PUBLIC LAW 115–141—MAR. 23, 2018 

date of enactment of the Wildfire Suppression Funding and 

Forest Management Activities Act’’; and 

(3) by adding at the end the following: 

‘‘(F) WILDFIRE SUPPRESSION.— 

‘‘(i) ADDITIONAL NEW BUDGET AUTHORITY.—If, for 

fiscal years 2020 through 2027, a bill or joint resolution 

making appropriations for a fiscal year is enacted that 

provides an amount for wildfire suppression operations 

in the Wildland Fire Management accounts at the 

Department of Agriculture or the Department of the 

Interior, then the adjustments for that fiscal year shall 

be the amount of additional new budget authority provided in that Act for wildfire suppression operations 

for that fiscal year, but shall not exceed— 

‘‘(I) for fiscal year 2020, $2,250,000,000; 

‘‘(II) for fiscal year 2021, $2,350,000,000; 

‘‘(III) for fiscal year 2022, $2,450,000,000; 

‘‘(IV) for fiscal year 2023, $2,550,000,000; 

‘‘(V) for fiscal year 2024, $2,650,000,000; 

‘‘(VI) for fiscal year 2025, $2,750,000,000; 

‘‘(VII) for fiscal year 2026, $2,850,000,000; and 

‘‘(VIII) for fiscal year 2027, $2,950,000,000. 

‘‘(ii) DEFINITIONS.—In this subparagraph: 

‘‘(I) ADDITIONAL NEW BUDGET AUTHORITY.— 

The term ‘additional new budget authority’ means 

the amount provided for a fiscal year in an appropriation Act that is in excess of the average costs 

for wildfire suppression operations as reported in 

the budget of the President submitted under section 1105(a) of title 31, United States Code, for 

fiscal year 2015 and are specified to pay for the 

costs of wildfire suppression operations in an 

amount not to exceed the amount specified for 

that fiscal year in clause (i). 

‘‘(II) WILDFIRE SUPPRESSION OPERATIONS.—The 

term ‘wildfire suppression operations’ means the 

emergency and unpredictable aspects of wildland 

firefighting, including— 

‘‘(aa) support, response, and emergency 

stabilization activities; 

‘‘(bb) other emergency management activities; and 

‘‘(cc) the funds necessary to repay any 

transfers needed for the costs of wildfire 

suppression operations.’’. 

(b) The amendment made by paragraph (1) of subsection (a) 

shall begin to apply in fiscal year 2019. 

SEC. 103. REQUEST FOR ADDITIONAL WILDFIRE SUPPRESSION FUNDS. 

If the amount provided for wildfire suppression operations for 

that fiscal year will be exhausted within 30 calendar days, the 

Secretary of the Interior or the Secretary of Agriculture (as 

applicable), in consultation with the Director of the Office of 

Management and Budget, shall promptly submit a request to Congress for supplemental appropriations. 

43 USC 1748a–1. 

2 USC 901 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1061 

SEC. 104. REPORTING REQUIREMENTS. 

(a) IN GENERAL.—Not later than 90 days after the end of 

the fiscal year for which additional new budget authority is used, 

pursuant to section 251(b)(2)(F)(i) of the Balanced Budget and 

Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(F)(i)), 

as added by section 102 of this division, the Secretary of the 

Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, 

shall— 

(1) prepare an annual report with respect to the additional 

new budget authority; 

(2) submit to the Committees on Appropriations, the 

Budget, and Natural Resources of the House of Representatives 

and the Committees on Appropriations, the Budget, and Energy 

and Natural Resources of the Senate the annual report prepared under paragraph (1); and 

(3) make the report prepared under paragraph (1) available 

to the public. 

(b) COMPONENTS.—The annual report prepared under subsection (a)(1) shall— 

(1) document obligations and outlays of the additional new 

budget authority for wildfire suppression operations; 

(2) identify risk-based factors that influenced management 

decisions with respect to wildfire suppression operations; 

(3) analyze a statistically significant sample of large fires, 

including an analysis for each fire of— 

(A) cost drivers; 

(B) the effectiveness of risk management techniques 

and whether fire operations strategy tracked the risk 

assessment; 

(C) any resulting ecological or other benefits to the 

landscape; 

(D) the impact of investments in wildfire suppression 

operations preparedness; 

(E) effectiveness of wildfire suppression operations, 

including an analysis of resources lost versus dollars 

invested; 

(F) effectiveness of any fuel treatments on fire behavior 

and suppression expenditures; 

(G) levels of exposure experienced by firefighters; 

(H) suggested corrective actions; and 

(I) any other factors the Secretary of the Interior or 

Secretary of Agriculture (as applicable) determines to be 

appropriate; 

(4) include an accounting of overall fire management and 

spending by the Department of the Interior or the Department 

of Agriculture, which shall be analyzed by fire size, cost, 

regional location, and other factors; 

(5) describe any lessons learned in the conduct of wildfire 

suppression operations; and 

(6) include any other elements that the Secretary of the 

Interior or the Secretary of Agriculture (as applicable) determines to be necessary. 

43 USC 1748a–2. 


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132 STAT. 1062 PUBLIC LAW 115–141—MAR. 23, 2018 

TITLE II—FOREST MANAGEMENT 

ACTIVITIES 

SEC. 201. DEFINITIONS. 

In this title: 

(1) NATIONAL FOREST SYSTEM.—The term ‘‘National Forest 

System’’ has the meaning given the term in section 11(a) of 

the Forest and Rangeland Renewable Resources Planning Act 

of 1974 (16 U.S.C. 1609(a)). 

(2) PUBLIC LAND.—The term ‘‘public land’’ has the meaning 

given the term ‘‘public lands’’ in section 103 of the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1702). 

(3) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means— 

(A) the Secretary of Agriculture, with respect to 

National Forest System land; and 

(B) the Secretary of the Interior, with respect to public 

land. 

SEC. 202. WILDFIRE RESILIENCE PROJECTS. 

Insert at the end of the Healthy Forests Restoration Act of 

2003 (16 U.S.C. 6511) the following new section: 

‘‘SEC. 605. WILDFIRE RESILIENCE PROJECTS. 

‘‘(a) IN GENERAL.—Hazardous fuels reduction projects, as 

defined in the Healthy Forests Restoration Act of 2003 (16 U.S.C. 

6511(2)) may be— 

‘‘(1) carried out in accordance with subsections (b), (c), 

and (d) of section 102 and sections 104 and 105; 

‘‘(2) considered an action categorically excluded from the 

requirements of Public Law 91–190 (42 U.S.C. 4321 et seq.); 

and 

‘‘(3) exempt from the special administrative review process 

under section 105. 

‘‘(b) COLLABORATIVE RESTORATION PROJECT.— 

‘‘(1) IN GENERAL.—A project referred to in subsection (a) 

is a project to carry out forest restoration treatments that— 

‘‘(A) maximizes the retention of old-growth and large 

trees, as appropriate for the forest type, to the extent 

that the trees promote stands that are resilient to insects 

and disease, and reduce the risk or extent of, or increase 

the resilience to, wildfires; 

‘‘(B) considers the best available scientific information 

to maintain or restore the ecological integrity, including 

maintaining or restoring structure, function, composition, 

and connectivity; and 

‘‘(C) is developed and implemented through a collaborative process that— 

‘‘(i) includes multiple interested persons representing diverse interests; and 

‘‘(ii)(I) is transparent and nonexclusive; or 

‘‘(II) meets the requirements for a resource 

advisory committee under subsections (c) through 

(f) of section 205 of the Secure Rural Schools and 

Community Self-Determination Act of 2000 (16 

U.S.C. 7125). 

16 USC 6591d. 

16 USC 6591c 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 1064 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 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— 

16 USC 6591c. 


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(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 

16 USC et seq.) is amended, in sections 4 through 9, 12, 13, and 15, 

1602–1607, 1610, 

1611, 1613. 


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by striking ‘‘Secretary of Agriculture’’ each place it appears 

and inserting ‘‘Secretary’’. 

SEC. 209. OREGON AND CALIFORNIA RAILROAD REVESTED LANDS AND 

COOS BAY WAGON ROAD RECONVEYED LANDS. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

with respect to the Oregon and California Railroad grant land 

revested in the United States by the Act of June 9, 1916 (39 

Stat. 218, chapter 137), and the Coos Bay Wagon Road grant 

land reconveyed to the United States by the first section of the 

Act of February 26, 1919 (40 Stat. 1179, chapter 47), that is managed under the Act of August 28, 1937 (43 U.S.C. 2601 et seq.), 

the Secretary of the Interior, acting through the Director of the 

Bureau of Land Management, shall not be required to engage 

in consultation under any law (including section 7 of Public Law 

93–205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of 

Federal Regulations (or a successor regulation)), with respect to— 

(1) the listing of a species as threatened or endangered, 

or a designation of critical habitat, pursuant to Public Law 

93–205 (16 U.S.C. 1531 et seq.), if a land use plan has been 

adopted by the Secretary of the Interior as of the date of 

listing or designation; and 

(2) any provision of a land use plan adopted as described 

in paragraph (1). 

(b) EFFECT OF SECTION.—Nothing in this section affects any 

applicable requirement of the Secretary of the Interior to consult 

with the head of any other Federal department or agency— 

(1) regarding a project carried out, or proposed to be carried 

out, pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), 

including any requirement to consult regarding the consideration of the cumulative impacts of completed, ongoing, and 

planned projects; or 

(2) with respect to the development of a new land use 

plan or the revision of or other significant change to an existing 

land use plan. 

SEC. 210. WILDFIRE HAZARD SEVERITY MAPPING FOR COMMUNITIES. 

(a) MAP REQUIRED.—Not later than 2 years after the date 

of the enactment of this section, the Secretary of Agriculture, acting 

through the Chief of the Forest Service, shall— 

(1) develop and publish a geospatial map appropriate for 

community-level use that depicts wildfire hazard severity to 

inform at-risk communities that are— 

(A) adjacent to National Forest System lands; or 

(B) affected by wildland fire, as determined by the 

Secretary; and 

(2) disseminate the information under paragraph (1) in 

an appropriate, web-based format for use by such communities 

to— 

(A) improve understanding of their risk profile; 

(B) clarify thinking on the nature and effect of wildfire 

risks; and 

(C) develop plans to manage and mitigate those risks. 

(b) PURPOSES OF MAP.—The purposes of the map required 

under subsection (a) are as follows: 

(1) To inform evaluations of wildfire risk. 

(2) To prioritize fuels management needs. 

16 USC 6501 

note. 

43 USC 2606. 


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(3) To depict the relative potential for wildfire that could 

be difficult for suppression resources to contain and that could 

cause ignitions to structures. 

(c) CONSULTATION.—In carrying out subsection (a), the Secretary of Agriculture and Chief of the Forest Service shall consult 

with— 

(1) the Secretary of the Interior; 

(2) the Administrator of the Federal Emergency Management Agency; 

(3) other appropriate Federal agencies; 

(4) States; 

(5) relevant colleges, universities, and institutions of higher 

education with relevant expertise; and 

(6) other entities, as appropriate. 

(d) AT-RISK COMMUNITY DEFINED.—The term ‘‘at-risk community’’ has the meaning given the term in section 101 of the Healthy 

Forests Restoration Act of 2003 (16 U.S.C. 6511). 

SEC. 211. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND 

OPERATION AND MAINTENANCE RELATING TO ELECTRIC 

TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF 

WAY. 

(a) IN GENERAL.—Title V of the Federal Land Policy and 

Management Act of 1976 (43 U.S.C. 1761 et seq.) is amended 

by adding at the end the following: 

‘‘SEC. 512. VEGETATION MANAGMENT, FACILITY INSPECTION, AND 

OPERATION AND MAINTENANCE RELATING TO ELECTRIC 

TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF 

WAY. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) HAZARD TREE.—The term ‘hazard tree’ means any tree 

or part thereof (whether located inside or outside a rightof-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 rightsof-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, 

43 USC 1772. 


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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 rightsof-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. 


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‘‘(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; 


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‘‘(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 ENVIRON- MENTAL 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. 


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‘‘(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 


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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-ofway.’’. 

SEC. 212. GOOD NEIGHBOR AUTHORITY IMPROVEMENT. 

Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 

2113a(a)) is amended— 


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132 STAT. 1074 PUBLIC LAW 115–141—MAR. 23, 2018 

(1) in paragraph (3)(B)(i), by striking ‘‘areas; or’’ and 

inserting the following: ‘‘areas, other than the reconstruction, 

repair, or restoration of a National Forest System road that 

is— 

‘‘(I) necessary to carry out authorized restoration services pursuant to a good neighbor agreement; and 

‘‘(II) in the case of a National Forest System 

road that is determined to be unneeded in accordance with section 212.5(b)(2) of title 36, Code of 

Federal Regulations (as in effect on the date of 

enactment of the Good Neighbor Authority 

Improvement Act), decommissioned in accordance 

with subparagraph (A)(iii)— 

‘‘(aa) in a manner that is consistent with 

the applicable travel management plan; and 

‘‘(bb) not later than 3 years after the date 

on which the applicable authorized restoration 

services project is completed; or’’; 

(2) by redesignating paragraphs (6) and (7) as paragraphs 

(7) and (8), respectively; and 

(3) by inserting after paragraph (5) the following: 

‘‘(6) NATIONAL FOREST SYSTEM ROAD.—The term ‘National 

Forest System road’ has the meaning given the term in section 

212.1 of title 36, Code of Federal Regulations (as in effect 

on the date of enactment of the Good Neighbor Authority 

Improvement Act).’’. 

TITLE III—FEDERAL LAND TRANSACTION FACILITATION REAUTHORIZATION 

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘Federal Land Transaction Facilitation Act Reauthorization of 2018’’. 

SEC. 302. FEDERAL LAND TRANSACTION FACILITATION ACT. 

The Federal Land Transaction Facilitation Act is amended— 

(1) in section 203(1) (43 U.S.C. 2302(1)), by striking ‘‘cultural, or’’ and inserting ‘‘cultural, recreational access and use, 

or other’’; 

(2) in section 203(2) (43 U.S.C. 2302(2))— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘on the date of enactment of this Act was’’ and 

inserting ‘‘is’’; 

(B) by amending subparagraph (A) to read as follows: 

‘‘(A) a national monument, area of critical environmental concern, national conservation area, national 

riparian conservation area, national recreation area, 

national scenic area, research natural area, national outstanding natural area, priority species and habitats designated in a land use plan in accordance with subpart 

E (entitled ‘‘Fish and Wildlife’’) of part I of Appendix C 

43 USC 2301 

note. 

Federal Land 

Transaction 

Facilitation Act 

Reauthorization 

of 2018. 


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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 


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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 semicolon; and 

(C) by adding at the end the following: 


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‘‘(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 SelfDetermination 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 


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132 STAT. 1078 PUBLIC LAW 115–141—MAR. 23, 2018 

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 SelfDetermination 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 SelfDetermination 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’’. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 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 

42 USC 6241 

note. 


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132 STAT. 1080 PUBLIC LAW 115–141—MAR. 23, 2018 

Strategic Petroleum Reserve during the period of fiscal years 

2020 through 2021. 

(2) DEPOSIT OF AMOUNTS RECEIVED FROM SALE.—Amounts 

received from a sale under paragraph (1) shall be deposited 

in the general fund of the Treasury during the fiscal year 

in which the sale occurs. 

(b) EMERGENCY PROTECTION.—The Secretary of Energy may 

not draw down and sell crude oil under this section in quantities 

that would limit the authority to sell petroleum products under 

subsection (h) of section 161 of the Energy Policy and Conservation 

Act (42 U.S.C. 6241) in the full quantity authorized by that subsection. 

(c) STRATEGIC PETROLEUM DRAWDOWN LIMITATIONS.—Section 

161(h)(2) of the Energy Policy and Conservation Act (42 U.S.C. 

6241(h)(2)) is amended by striking ‘‘350,000,000’’ each place it 

appears and inserting ‘‘340,000,000’’. 

DIVISION P—RAY BAUM’S ACT OF 2018 

SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Repack 

Airwaves Yielding Better Access for Users of Modern Services Act 

of 2018’’ or the ‘‘RAY BAUM’S Act of 2018’’. 

(b) TABLE OF CONTENTS.—The table of contents for this division 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Commission defined. 

TITLE I—FCC REAUTHORIZATION 

Sec. 101. Authorization of appropriations. 

Sec. 102. Application and regulatory fees. 

Sec. 103. Effective date. 

TITLE II—APPLICATION OF ANTIDEFICIENCY ACT 

Sec. 201. Application of Antideficiency Act to Universal Service Program. 

TITLE III—SECURING ACCESS TO NETWORKS IN DISASTERS 

Sec. 301. Study on network resiliency. 

Sec. 302. Access to essential service providers during federally declared emergencies. 

Sec. 303. Definitions. 

TITLE IV—FCC CONSOLIDATED REPORTING 

Sec. 401. Communications marketplace report. 

Sec. 402. Consolidation of redundant reports; conforming amendments. 

Sec. 403. Effect on authority. 

Sec. 404. Other reports. 

TITLE V—ADDITIONAL PROVISIONS 

Sec. 501. Independent Inspector General for FCC. 

Sec. 502. Authority of Chief Information Officer. 

Sec. 503. Spoofing prevention. 

Sec. 504. Report on promoting broadband Internet access service for veterans. 

Sec. 505. Methodology for collection of mobile service coverage data. 

Sec. 506. Accuracy of dispatchable location for 9–1–1 calls. 

Sec. 507. NTIA study on interagency process following cybersecurity incidents. 

Sec. 508. Tribal digital access. 

Sec. 509. Terms of office and vacancies. 

Sec. 510. Joint board recommendation. 

Sec. 511. Disclaimer for press releases regarding notices of apparent liability. 

Sec. 512. Reports related to spectrum auctions. 

Repack Airwaves 

Yielding Better 

Access for Users 

of Modern 

Services Act 

of 2018. 

47 USC 609 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 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). 

47 USC 155a 

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132 STAT. 1082 PUBLIC LAW 115–141—MAR. 23, 2018 

(c) ELIMINATION OF DUPLICATIVE AUTHORIZATION OF APPROPRIA- TIONS.— (1) IN GENERAL.—Section 710 of the Telecommunications 

Act of 1996 (Public Law 104–104) is repealed. 

(2) CONFORMING AMENDMENT.—The table of contents in 

section 2 of such Act is amended by striking the item relating 

to section 710. 

(d) TRANSFER OF FUNDS.—On the effective date described in 

section 103 of this title, any amounts in the account providing 

appropriations to carry out the functions of the Commission that 

were collected in excess of the amounts provided for in Appropriations Acts in any fiscal year prior to such date shall be transferred 

to the general fund of the Treasury of the United States for the 

sole purpose of deficit reduction. 

SEC. 102. APPLICATION AND REGULATORY FEES. 

(a) APPLICATION FEES.—Section 8 of the Communications Act 

of 1934 (47 U.S.C. 158) is amended to read as follows: 

‘‘SEC. 8. APPLICATION FEES. 

‘‘(a) GENERAL AUTHORITY; ESTABLISHMENT OF SCHEDULE.—The 

Commission shall assess and collect application fees at such rates 

as the Commission shall establish in a schedule of application 

fees to recover the costs of the Commission to process applications. 

‘‘(b) ADJUSTMENT OF SCHEDULE.— 

‘‘(1) IN GENERAL.—In every even-numbered year, the 

Commission shall review the schedule of application fees established under this section and, except as provided in paragraph 

(2), set a new amount for each fee in the schedule that is 

equal to the amount of the fee on the date when the fee 

was established or the date when the fee was last amended 

under subsection (c), whichever is later— 

‘‘(A) increased or decreased by the percentage change 

in the Consumer Price Index during the period beginning 

on such date and ending on the date of the review; and ‘‘(B) rounded to the nearest $5 increment. 

‘‘(2) THRESHOLD FOR ADJUSTMENT.—The Commission may 

not adjust a fee under paragraph (1) if— 

‘‘(A) in the case of a fee the current amount of which 

is less than $200, the adjustment would result in a change 

in the current amount of less than $10; or 

‘‘(B) in the case of a fee the current amount of which 

is $200 or more, the adjustment would result in a change 

in the current amount of less than 5 percent. 

‘‘(3) CURRENT AMOUNT DEFINED.—In paragraph (2), the 

term ‘current amount’ means, with respect to a fee, the amount 

of the fee on the date when the fee was established, the date 

when the fee was last adjusted under paragraph (1), or the 

date when the fee was last amended under subsection (c), 

whichever is latest. 

‘‘(c) AMENDMENTS TO SCHEDULE.—In addition to the adjustments required by subsection (b), the Commission shall by rule 

amend the schedule of application fees established under this section if the Commission determines that the schedule requires 

amendment— 

‘‘(1) so that such fees reflect increases or decreases in 

the costs of processing applications at the Commission; or 

47 USC 156 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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.— 


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132 STAT. 1084 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLICABLE.—The 

regulatory fees established under this section shall not be 

applicable to— 

‘‘(A) a governmental entity or nonprofit entity; 

‘‘(B) an amateur radio operator licensee under part 

97 of the Commission’s rules (47 CFR part 97); or 

‘‘(C) a noncommercial radio station or noncommercial 

television station. 

‘‘(2) COST OF COLLECTION.—If, in the judgment of the 

Commission, the cost of collecting a regulatory fee established 

under this section from a party would exceed the amount collected from such party, the Commission may exempt such party 

from paying such fee. 

‘‘(f) DEPOSIT OF COLLECTIONS.— 

‘‘(1) IN GENERAL.—Amounts received from fees authorized 

by this section shall be deposited as an offsetting collection 

in, and credited to, the account through which funds are made 

available to carry out the activities described in section 6(a). 

‘‘(2) DEPOSIT OF EXCESS COLLECTIONS.—Any regulatory fees 

collected in excess of the total amount of fees provided for 

in Appropriations Acts for a fiscal year shall be deposited 

in the general fund of the Treasury of the United States for 

the sole purpose of deficit reduction.’’. 

(c) PROVISIONS APPLICABLE TO APPLICATION AND REGULATORY

FEES.—Title I of the Communications Act of 1934 (47 U.S.C. 151 

et seq.) is amended by inserting after section 9 the following: 

‘‘SEC. 9A. PROVISIONS APPLICABLE TO APPLICATION AND REGULATORY FEES. 

‘‘(a) JUDICIAL REVIEW PROHIBITED.—Any adjustment or amendment to a schedule of fees under subsection (b) or (c) of section 

8 or subsection (c) or (d) of section 9 is not subject to judicial 

review. 

‘‘(b) NOTICE TO CONGRESS.—The Commission shall transmit 

to Congress notification— 

‘‘(1) of any adjustment under section 8(b) or 9(c) immediately upon the adoption of such adjustment; and 

‘‘(2) of any amendment under section 8(c) or 9(d) not later 

than 90 days before the effective date of such amendment. 

‘‘(c) ENFORCEMENT.— 

‘‘(1) PENALTIES FOR LATE PAYMENT.—The Commission shall 

by rule prescribe an additional penalty for late payment of 

fees under section 8 or 9. Such additional penalty shall be 

25 percent of the amount of the fee that was not paid in 

a timely manner. 

‘‘(2) INTEREST ON UNPAID FEES AND PENALTIES.—The 

Commission shall charge interest, at a rate determined under 

section 3717 of title 31, United States Code, on a fee under 

section 8 or 9 or an additional penalty under this subsection 

that is not paid in a timely manner. Such section 3717 shall 

not otherwise apply with respect to such a fee or penalty. 

‘‘(3) DISMISSAL OF APPLICATIONS OR FILINGS.—The Commission may dismiss any application or other filing for failure 

to pay in a timely manner any fee under section 8 or 9 or 

any interest or additional penalty under this subsection. 

‘‘(4) REVOCATIONS.— 

47 USC 159a. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) 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 

47 USC 158 note. 


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8 of the Communications Act of 1934, as amended by subsection 

(a) of this section, until such time as the Commission adjusts 

or amends such fee under subsection (b) or (c) of such section 

8, as so amended. 

(2) REGULATORY FEES.—A regulatory fee established under 

section 9 of the Communications Act of 1934, as such section 

is in effect on the day before the effective date described in 

section 103 of this title, shall remain in effect under section 

9 of the Communications Act of 1934, as amended by subsection 

(b) of this section, until such time as the Commission adjusts 

or amends such fee under subsection (c) or (d) of such section 

9, as so amended. 

(e) RULEMAKING TO AMEND SCHEDULE OF REGULATORY FEES.— 

(1) IN GENERAL.—Not later than 1 year after the effective 

date described in section 103 of this title, the Commission 

shall complete a rulemaking proceeding under subsection (d) 

of section 9 of the Communications Act of 1934, as amended 

by subsection (b) of this section. 

(2) REPORT TO CONGRESS.—If the Commission has not completed the rulemaking proceeding required by paragraph (1) 

by the date that is 6 months after the effective date described 

in section 103 of this title, the Commission shall submit to 

Congress a report on the progress of such rulemaking proceeding. 

SEC. 103. EFFECTIVE DATE. 

This title and the amendments made by this title shall take 

effect on October 1, 2018. 

TITLE II—APPLICATION OF 

ANTIDEFICIENCY ACT 

SEC. 201. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL 

SERVICE PROGRAM. 

Section 302 of Public Law 108–494 (118 Stat. 3998) is amended 

by striking ‘‘December 31, 2018’’ each place it appears and inserting 

‘‘December 31, 2019’’. 

TITLE III—SECURING ACCESS TO 

NETWORKS IN DISASTERS 

SEC. 301. STUDY ON NETWORK RESILIENCY. 

Not later than 36 months after the date of enactment of this 

Act, the Commission shall submit to Congress, and make publically 

available on the Commission’s website, a study on the public safety 

benefits and technical feasibility and cost of— 

(1) making telecommunications service provider-owned 

WiFi access points, and other communications technologies 

operating on unlicensed spectrum, available to the general 

public for access to 9–1–1 services, without requiring any login 

credentials, during times of emergency when mobile service 

is unavailable; 

47 USC 156 note. 

47 USC 159 note. 

47 USC 159 note. 


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(2) the provision by non-telecommunications service provider-owned WiFi access points of public access to 9–1–1 services during times of emergency when mobile service is unavailable; and 

(3) other alternative means of providing the public with 

access to 9–1–1 services during times of emergency when mobile 

service is unavailable. 

SEC. 302. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING FEDERALLY DECLARED EMERGENCIES. 

Section 427(a) of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5189e(a)) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘telecommunications service’’ and inserting ‘‘wireline or mobile telephone 

service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service’’; 

(B) in subparagraph (E), by striking the semicolon 

and inserting ‘‘; or’’; 

(C) by redesignating subparagraphs (A) through (E) 

as clauses (i) through (v), respectively; and 

(D) by adding at the end of the following: 

‘‘(B) is a tower owner or operator;’’; and 

(2) by striking ‘‘(1) provides’’ and inserting ‘‘(1)(A) provides’’. 

SEC. 303. DEFINITIONS. 

As used in this title— 

(1) the term ‘‘mobile service’’ means commercial mobile 

service (as defined in section 332 of the Communications Act 

of 1934 (47 U.S.C. 332)) or commercial mobile data service 

(as defined in section 6001 of the Middle Class Tax Relief 

and Job Creation Act of 2012 (47 U.S.C. 1401)); 

(2) the term ‘‘WiFi access point’’ means wireless Internet 

access using the standard designated as 802.11 or any variant 

thereof; and 

(3) the term ‘‘times of emergency’’ means either an emergency as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), 

or an emergency as declared by the governor of a State or 

territory of the United States. 

TITLE IV—FCC CONSOLIDATED 

REPORTING 

SEC. 401. COMMUNICATIONS MARKETPLACE REPORT. 

Title I of the Communications Act of 1934 (47 U.S.C. 151 

et seq.) is amended by adding at the end the following: 

‘‘SEC. 13. COMMUNICATIONS MARKETPLACE REPORT. 

‘‘(a) IN GENERAL.—In the last quarter of every even-numbered 

year, the Commission shall publish on its website and submit 

to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the state of the communications marketplace. 

‘‘(b) CONTENTS.—Each report required by subsection (a) shall— 

47 USC 163. 


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‘‘(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 SelfDetermination 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).’’. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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; 


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132 STAT. 1090 PUBLIC LAW 115–141—MAR. 23, 2018 

(6) in section 336(e), by amending paragraph (4) to read 

as follows: 

‘‘(4) REPORT.—The Commission shall annually advise the 

Congress on the amounts collected pursuant to the program 

required by this subsection.’’; 

(7) in section 339(c), by striking paragraph (1); 

(8) in section 396— 

(A) by striking subsection (i); 

(B) in subsection (k)— 

(i) in paragraph (1), by striking subparagraph (F); 

and 

(ii) in paragraph (3)(B)(iii), by striking subclause 

(V); 

(C) in subsection (l)(1)(B), by striking ‘‘shall be 

included’’ and all that follows through ‘‘The audit report’’; 

and 

(D) by striking subsection (m); 

(9) in section 398(b)(4), by striking the third sentence; 

(10) in section 624A(b)(1)— 

(A) by striking ‘‘REPORT; REGULATIONS’’ and inserting 

‘‘REGULATIONS’’; 

(B) by striking ‘‘Within 1 year after’’ and all that 

follows through ‘‘on means of assuring’’ and inserting ‘‘The 

Commission shall issue such regulations as are necessary 

to assure’’; and 

(C) by striking ‘‘Within 180 days after’’ and all that 

follows through ‘‘to assure such compatibility.’’; and 

(11) in section 713, by striking subsection (a). 

SEC. 403. EFFECT ON AUTHORITY. 

Nothing in this title or the amendments made by this title 

shall be construed to expand or contract the authority of the 

Commission. 

SEC. 404. OTHER REPORTS. 

Nothing in this title or the amendments made by this title 

shall be construed to prohibit or otherwise prevent the Commission 

from producing any additional reports otherwise within the 

authority of the Commission. 

TITLE V—ADDITIONAL PROVISIONS 

SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC. 

(a) AMENDMENTS.—The Inspector General Act of 1978 (5 U.S.C. 

App.) is amended— 

(1) in section 8G(a)(2), by striking ‘‘the Federal Communications Commission,’’; and 

(2) in section 12— 

(A) in paragraph (1), by inserting ‘‘, the Federal 

Communications Commission,’’ after ‘‘the Chairman of the 

Nuclear Regulatory Commission’’; and 

(B) in paragraph (2), by inserting ‘‘the Federal Communications Commission,’’ after ‘‘the Environmental Protection Agency,’’. 

(b) TRANSITION RULE.—An individual serving as Inspector General of the Commission on the date of the enactment of this Act 

5 USC app. 3 

note. 

47 USC 154 note. 

47 USC 154 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 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 

47 USC 155a. 


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132 STAT. 1092 PUBLIC LAW 115–141—MAR. 23, 2018 

or transmitting device by means of a 10-digit telephone 

number or N11 service code; 

‘‘(ii) includes a short message service (commonly 

referred to as ‘SMS’) message and a multimedia message service (commonly referred to as ‘MMS’) message; 

and 

‘‘(iii) does not include— 

‘‘(I) a real-time, two-way voice or video communication; or 

‘‘(II) a message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in 

clause (ii). 

‘‘(D) TEXT MESSAGING SERVICE.—The term ‘text messaging service’ means a service that enables the transmission or receipt of a text message, including a service 

provided as part of or in connection with a voice service. 

‘‘(E) VOICE SERVICE.—The term ‘voice service’— 

‘‘(i) means any service that is interconnected with 

the public switched telephone network and that furnishes voice communications to an end user using 

resources from the North American Numbering Plan 

or any successor to the North American Numbering 

Plan adopted by the Commission under section 

251(e)(1); and 

‘‘(ii) includes transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine.’’. 

(3) TECHNICAL AMENDMENT.—Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the 

heading by inserting ‘‘MISLEADING OR’’ before ‘‘INACCURATE’’. 

(4) REGULATIONS.— 

(A) IN GENERAL.—Section 227(e)(3)(A) of the Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended 

by striking ‘‘Not later than 6 months after the date of 

enactment of the Truth in Caller ID Act of 2009, the 

Commission’’ and inserting ‘‘The Commission’’. 

(B) DEADLINE.—The Commission shall prescribe regulations to implement the amendments made by this subsection not later than 18 months after the date of enactment of this Act. 

(5) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date that is 6 months after 

the date on which the Commission prescribes regulations under 

paragraph (4). 

(b) CONSUMER EDUCATION MATERIALS ON HOW TO AVOID SCAMS

THAT RELY UPON MISLEADING OR INACCURATE CALLER IDENTIFICATION INFORMATION.— 

(1) DEVELOPMENT OF MATERIALS.—Not later than 1 year 

after the date of enactment of this Act, the Commission, in 

coordination with the Federal Trade Commission, shall develop 

consumer education materials that provide information about— 

(A) ways for consumers to identify scams and other 

fraudulent activity that rely upon the use of misleading 

or inaccurate caller identification information; and 

47 USC 227a. 

47 USC 227 note. 

47 USC 227 note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 1094 PUBLIC LAW 115–141—MAR. 23, 2018 

regarding combating the fraudulent provision of misleading 

or inaccurate caller identification information. 

(d) RULE OF CONSTRUCTION.—Nothing in this section, or the 

amendments made by this section, shall be construed to modify, 

limit, or otherwise affect any rule or order adopted by the Commission in connection with— 

(1) the Telephone Consumer Protection Act of 1991 (Public 

Law 102–243; 105 Stat. 2394) or the amendments made by 

that Act; or 

(2) the CAN–SPAM Act of 2003 (15 U.S.C. 7701 et seq.). 

SEC. 504. REPORT ON PROMOTING BROADBAND INTERNET ACCESS 

SERVICE FOR VETERANS. 

(a) VETERAN DEFINED.—In this section, the term ‘‘veteran’’ has 

the meaning given the term in section 101 of title 38, United 

States Code. 

(b) REPORT REQUIRED.—Not later than 1 year after the date 

of the enactment of this Act, the Commission shall submit to Congress a report on promoting broadband Internet access service 

for veterans, in particular low-income veterans and veterans 

residing in rural areas. In such report, the Commission shall— 

(1) examine such access and how to promote such access; 

and 

(2) provide findings and recommendations for Congress 

with respect to such access and how to promote such access. 

(c) PUBLIC NOTICE AND OPPORTUNITY TO COMMENT.—In preparing the report required by subsection (b), the Commission shall 

provide the public with notice and an opportunity to comment 

on broadband Internet access service for veterans, in particular 

low-income veterans and veterans residing in rural areas, and how 

to promote such access. 

SEC. 505. METHODOLOGY FOR COLLECTION OF MOBILE SERVICE COVERAGE DATA. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘commercial mobile data service’’ has the 

meaning given the term in section 6001 of the Middle Class 

Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401); 

(2) the term ‘‘commercial mobile service’’ has the meaning 

given the term in section 332(d) of the Communications Act 

of 1934 (47 U.S.C. 332(d)); 

(3) the term ‘‘coverage data’’ means, if commercial mobile 

service or commercial mobile data service is available, general 

information about the service, which may include available 

speed tiers, radio frequency signal levels, and network and 

performance characteristics; and 

(4) the term ‘‘Universal Service program’’ means the universal service support mechanisms established under section 

254 of the Communications Act of 1934 (47 U.S.C. 254) and 

the regulations issued under that section. 

(b) METHODOLOGY ESTABLISHED.—Not later than 180 days after 

the conclusion of the Mobility Fund Phase II Auction, the Commission shall promulgate regulations to establish a methodology that 

shall apply to the collection of coverage data by the Commission 

for the purposes of— 

(1) the Universal Service program; or 

(2) any other similar program. 

47 USC 254 note. 

47 USC 227 note. 


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(c) REQUIREMENTS.—The methodology established under subsection (b) shall— 

(1) contain standard definitions for different available technologies such as 2G, 3G, 4G, and 4G LTE; 

(2) enhance the consistency and robustness of how the 

data are collected by different parties; 

(3) improve the validity and reliability of coverage data; 

and 

(4) increase the efficiency of coverage data collection. 

SEC. 506. ACCURACY OF DISPATCHABLE LOCATION FOR 9–1–1 CALLS. 

(a) PROCEEDING REQUIRED.—Not later than 18 months after 

the date of the enactment of this Act, the Commission shall conclude 

a proceeding to consider adopting rules to ensure that the 

dispatchable location is conveyed with a 9–1–1 call, regardless 

of the technological platform used and including with calls from 

multi-line telephone systems (as defined in section 6502 of the 

Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 

1471)). 

(b) RELATIONSHIP TO OTHER PROCEEDINGS.—In conducting the 

proceeding required by subsection (a), the Commission may consider 

information and conclusions from other Commission proceedings 

regarding the accuracy of the dispatchable location for a 9–1– 

1 call, but nothing in this section shall be construed to require 

the Commission to reconsider any information or conclusion from 

a proceeding regarding the accuracy of the dispatchable location 

for a 9–1–1 call in which the Commission has adopted rules or 

issued an order before the date of the enactment of this Act. 

(c) DEFINITIONS.—In this section: 

(1) 9–1–1 CALL.—The term ‘‘9–1–1 call’’ means a voice 

call that is placed, or a message that is sent by other means 

of communication, to a public safety answering point (as defined 

in section 222 of the Communications Act of 1934 (47 U.S.C. 

222)) for the purpose of requesting emergency services. 

(2) DISPATCHABLE LOCATION.—The term ‘‘dispatchable location’’ means the street address of the calling party, and additional information such as room number, floor number, or 

similar information necessary to adequately identify the location of the calling party. 

SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOLLOWING CYBERSECURITY INCIDENTS. 

(a) IN GENERAL.—The Assistant Secretary of Commerce for 

Communications and Information shall complete a study on how 

the National Telecommunications and Information Administration 

can best coordinate the interagency process following cybersecurity 

incidents. 

(b) REPORT TO CONGRESS.—Not later than 18 months after 

the date of the enactment of this Act, the Assistant Secretary 

shall submit to the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate a report detailing the findings 

and recommendations of the study conducted under subsection (a). 

SEC. 508. TRIBAL DIGITAL ACCESS. 

(a) TRIBAL BROADBAND DATA REPORT.— (1) IN GENERAL.—Not later than 1 year after the date 

of the enactment of this Act, the Commission shall submit 

47 USC 1301 

note. 

47 USC 615 note. 


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132 STAT. 1096 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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SEC. 511. DISCLAIMER FOR PRESS RELEASES REGARDING NOTICES 

OF APPARENT LIABILITY. 

The Commission shall include in any press release regarding 

the issuance of a notice of apparent liability under section 503(b)(4) 

of the Communications Act of 1934 (47 U.S.C. 503(b)(4)) a disclaimer 

informing consumers that— 

(1) the issuance of a notice of apparent liability should 

be treated only as allegations; and 

(2) the amount of any forfeiture penalty proposed in a 

notice of apparent liability represents the maximum penalty 

that the Commission may impose for the violations alleged 

in the notice of apparent liability. 

SEC. 512. REPORTS RELATED TO SPECTRUM AUCTIONS. 

(a) ESTIMATE OF UPCOMING AUCTIONS.—Section 309(j) of the 

Communications Act of 1934 (47 U.S.C. 309(j)) is amended by 

adding at the end the following: 

‘‘(18) ESTIMATE OF UPCOMING AUCTIONS.— 

‘‘(A) Not later than September 30, 2018, and annually 

thereafter, the Commission shall make publicly available 

an estimate of what systems of competitive bidding authorized under this subsection may be initiated during the 

upcoming 12-month period. 

‘‘(B) The estimate under subparagraph (A) shall, to 

the extent possible, identify the bands of frequencies the 

Commission expects to be included in each such system 

of competitive bidding.’’. 

(b) AUCTION EXPENDITURE JUSTIFICATION REPORT.—Not later 

than April 1, 2019, and annually thereafter, the Commission shall 

provide to the appropriate committees of Congress a report containing a detailed justification for the use of proceeds retained 

by the Commission under section 309(j)(8)(B) of the Communications 

Act of 1934 (47 U.S.C. 309(j)(8)(B)) for the costs of developing 

and implementing the program required by section 309(j) of that 

Act. 

(c) DEFINITION.—For purposes of this section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Commerce, Science, and Transportation of the Senate; 

(2) the Committee on Appropriations of the Senate; 

(3) the Committee on Energy and Commerce of the House 

of Representatives; and 

(4) the Committee on Appropriations of the House of Representatives. 

TITLE VI—MOBILE NOW 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Making Opportunities for 

Broadband Investment and Limiting Excessive and Needless 

Obstacles to Wireless Act’’ or the ‘‘MOBILE NOW Act’’. 

SEC. 602. DEFINITIONS. 

In this title: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

Making 

Opportunities for 

Broadband 

Investment and 

Limiting 

Excessive and 

Needless 

Obstacles to 

Wireless Act. 

47 USC 1501 

note. 

47 USC 1501. 

47 USC 309a. 

47 USC 503 note. 


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132 STAT. 1098 PUBLIC LAW 115–141—MAR. 23, 2018 

(A) the Committee on Commerce, Science, and 

Transportation of the Senate; 

(B) the Committee on Energy and Commerce of the 

House of Representatives; and 

(C) each committee of the Senate or of the House 

of Representatives with jurisdiction over a Federal entity 

affected by the applicable section in which the term 

appears. 

(2) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission. 

(3) FEDERAL ENTITY.—The term ‘‘Federal entity’’ has the 

meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization 

Act (47 U.S.C. 923(l)). 

(4) NTIA.—The term ‘‘NTIA’’ means the National Telecommunications and Information Administration of the Department of Commerce. 

(5) OMB.—The term ‘‘OMB’’ means the Office of Management and Budget. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Commerce. 

SEC. 603. IDENTIFYING 255 MEGAHERTZ. 

(a) REQUIREMENTS.— 

(1) IN GENERAL.—Not later than December 31, 2022, the 

Secretary, working through the NTIA, and the Commission 

shall identify a total of at least 255 megahertz of Federal 

and non-Federal spectrum for mobile and fixed wireless 

broadband use. 

(2) UNLICENSED AND LICENSED USE.—Of the spectrum 

identified under paragraph (1), not less than— 

(A) 100 megahertz below the frequency of 8000 megahertz shall be identified for use on an unlicensed basis; 

(B) 100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed 

basis for commercial mobile use, pursuant to the Commission’s authority to implement such licensing in a flexible 

manner, and subject to potential continued use of such 

spectrum by incumbent Federal entities in designated 

geographic areas indefinitely or for such length of time 

stipulated in transition plans approved by the Technical 

Panel under section 113(h) of the National Telecommunications and Information Administration Organization Act 

(47 U.S.C. 923(h)) for those incumbent entities to be 

relocated to alternate spectrum; and 

(C) 55 megahertz below the frequency of 8000 megahertz shall be identified for use on either a licensed or 

unlicensed basis, or a combination of licensed and 

unlicensed. 

(3) NON-ELIGIBLE SPECTRUM.—For purposes of satisfying 

the requirement under paragraph (1), the following spectrum 

shall not be counted: 

(A) The frequencies between 1695 and 1710 megahertz. 

(B) The frequencies between 1755 and 1780 megahertz. 

(C) The frequencies between 2155 and 2180 megahertz. 

(D) The frequencies between 3550 and 3700 megahertz. 

47 USC 1502. 


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(E) Spectrum that the Commission determines had 

more than de minimis mobile or fixed wireless broadband 

operations within the band on the day before the date 

of enactment of this Act. 

(4) TREATMENT OF CERTAIN OTHER SPECTRUM.—Spectrum 

identified pursuant to this section may include eligible spectrum, if any, identified after the date of enactment of this 

Act pursuant to title X of the Bipartisan Budget Act of 2015 

(Public Law 114–74). 

(5) SPECTRUM MADE AVAILABLE ON AND AFTER FEBRUARY

11, 2016.—Any spectrum that has been made available for 

licensed or unlicensed use on and after February 11, 2016, 

and that otherwise satisfies the requirements of this section 

may be counted towards the requirements of this subsection. 

(6) RELOCATION PRIORITIZED OVER SHARING.—This section 

shall be carried out in accordance with section 113(j) of the 

National Telecommunications and Information Administration 

Organization Act (47 U.S.C. 923(j)). 

(7) CONSIDERATIONS.—In identifying spectrum for use 

under this section, the Secretary, working through the NTIA, 

and Commission shall consider— 

(A) the need to preserve critical existing and planned 

Federal Government capabilities; 

(B) the impact on existing State, local, and tribal 

government capabilities; 

(C) the international implications; 

(D) the need for appropriate enforcement mechanisms 

and authorities; and 

(E) the importance of the deployment of wireless 

broadband services in rural areas of the United States. 

(b) RULES OF CONSTRUCTION.—Nothing in this section shall 

be construed— 

(1) to impair or otherwise affect the functions of the 

Director of OMB relating to budgetary, administrative, or legislative proposals; 

(2) to require the disclosure of classified information, law 

enforcement sensitive information, or other information that 

must be protected in the interest of national security; or 

(3) to affect any requirement under section 156 of the 

National Telecommunications and Information Administration 

Organization Act (47 U.S.C. 921 note), as added by section 

1062(a) of the National Defense Authorization Act for Fiscal 

Year 2000, or any other relevant statutory requirement 

applicable to the reallocation of Federal spectrum. 

SEC. 604. MILLIMETER WAVE SPECTRUM. 

(a) FCC PROCEEDING.—Not later than 2 years after the date 

of enactment of this Act, the Commission shall publish a notice 

of proposed rulemaking to consider service rules to authorize mobile 

or fixed terrestrial wireless operations, including for advanced 

mobile service operations, in the radio frequency band between 

42000 and 42500 megahertz. 

(b) CONSIDERATIONS.—In conducting a rulemaking under subsection (a), the Commission shall— 

(1) consider how the band described in subsection (a) may 

be used to provide commercial wireless broadband service, 

including whether— 

47 USC 1503. 


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(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). 


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PUBLIC LAW 115–141—MAR. 23, 2018 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-ofway, 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. 


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132 STAT. 1102 PUBLIC LAW 115–141—MAR. 23, 2018 

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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) SAVINGS PROVISION.—An application for an easement, rightof-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 INSTALLA- TION.—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 

47 USC 1455 

note. 


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132 STAT. 1104 PUBLIC LAW 115–141—MAR. 23, 2018 

in particular the speed at which such applications are 

reviewed and a final determination is issued. 

(d) ADDITIONAL SAVINGS PROVISIONS.— 

(1) REAL PROPERTY AUTHORITIES.—Nothing in this section, 

or the amendments made by this section, shall be construed 

as providing any executive agency with any new leasing or 

other real property authorities not existing prior to the date 

of enactment of this Act. 

(2) EFFECT ON OTHER LAWS.—Nothing in this section, or 

the amendments made by this section, and no actions taken 

pursuant to this section, or the amendments made by this 

section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, 

reuse, or redevelop any Federal real property pursuant to title 

40, United States Code, the Federal Assets Sale and Transfer 

Act of 2016 (Public Law 114–287), or any other law governing 

real property activities of the Federal Government. No agreement entered into pursuant to this section, or the amendments 

made by this section, may obligate the Federal Government 

to hold, control, or otherwise retain or use real property that 

may otherwise be deemed as excess, surplus, or that could 

be otherwise sold, leased, or redeveloped. 

SEC. 607. BROADBAND INFRASTRUCTURE DEPLOYMENT. 

(a) DEFINITIONS.—In this section: 

(1) APPROPRIATE STATE AGENCY.—The term ‘‘appropriate 

State agency’’ means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and carry out projects relating to 

the proper and effective installation and operation of broadband 

infrastructure. 

(2) BROADBAND INFRASTRUCTURE.—The term ‘‘broadband 

infrastructure’’ means any buried, underground, or aerial 

facility, and any wireless or wireline connection, that enables 

users to send and receive voice, video, data, graphics, or any 

combination thereof. 

(3) BROADBAND INFRASTRUCTURE ENTITY.—The term 

‘‘broadband infrastructure entity’’ means any entity that— 

(A) installs, owns, or operates broadband infrastructure; and 

(B) provides broadband services in a manner consistent 

with the public interest, convenience, and necessity, as 

determined by the State. 

(4) STATE.—The term ‘‘State’’ means— 

(A) a State; 

(B) the District of Columbia; and 

(C) the Commonwealth of Puerto Rico. 

(b) BROADBAND INFRASTRUCTURE DEPLOYMENT.—To facilitate 

the installation of broadband infrastructure, the Secretary of 

Transportation shall promulgate regulations to ensure that each 

State that receives funds under chapter 1 of title 23, United States 

Code, meets the following requirements: 

(1) BROADBAND CONSULTATION.—The State department of 

transportation, in consultation with appropriate State agencies, 

shall— 

(A) identify a broadband utility coordinator, that may 

have additional responsibilities, whether in the State 

47 USC 1504. 

47 USC 1455 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 1106 PUBLIC LAW 115–141—MAR. 23, 2018 

Communications Commission or is using duly authorized 

devices that do not require individual licenses; and 

‘‘(C) is added to a tower, building, or other structure.’’. 

(b) PUBLIC COMMENT.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of enactment of this Act, the Administrator of General Services 

shall issue a notice for public comment regarding the inclusion 

of a communications facility installation under section 21 of 

the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 

1303 note), as amended by subsection (a) of this section. 

(2) CONTENTS.—In seeking public comment under paragraph (1), the Administrator shall include a request for recommendations on— 

(A) the criteria that make Federal real property capable 

of supporting communications facility installations; 

(B) the types of information related to the Federal 

real property that should be included in the database; 

and 

(C) other matters that the Administrator determines 

necessary. 

(c) PROVISION OF INFORMATION.— 

(1) IN GENERAL.—Not later than 90 days after the period 

for public comment under subsection (b)(1) ends, the Administrator of General Services shall notify the head of each Executive agency of the manner and format for submitting such 

information as the Administrator determines appropriate to 

the database established under section 21 of the Federal Assets 

Sale and Transfer Act of 2016 (40 U.S.C. 1303 note), as 

amended by subsection (a) of this section. 

(2) SUBMISSION.—Not later than 90 days after the date 

of the notification under paragraph (1), the head of an Executive 

agency shall submit the information required under paragraph 

(1). 

(d) STATE AND LOCAL GOVERNMENTS.— 

(1) IN GENERAL.—The Administrator of General Services, 

in consultation with the Chairman of the Commission, the 

Assistant Secretary of Commerce for Communications and 

Information, the Under Secretary of Commerce for Standards 

and Technology, and the Director of OMB, shall study— 

(A) how to incentivize State and local governments 

to provide the Administrator with information, similar to 

the information required under subsection (c)(1), for inclusion in the database described in that subsection; and 

(B) the feasibility of establishing or operating a database to which State and local governments can voluntarily 

submit such information. 

(2) REPORT ON INCENTIVIZING PARTICIPATION BY STATE AND

LOCAL GOVERNMENTS.— 

(A) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Administrator of General 

Services, in consultation with the Chairman of the Commission, the Assistant Secretary of Commerce for Communications and Information, the Under Secretary of Commerce 

for Standards and Technology, and the Director of OMB, 

shall submit to the Committee on Commerce, Science, and 

Transportation and the Committee on Homeland Security 

40 USC 1303 

note. 

40 USC 1303 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) 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— 

40 USC 1303 

note. 


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(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 nonFederal 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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1109 

SEC. 611. UNLICENSED SERVICES IN GUARD BANDS. 

(a) IN GENERAL.—After public notice and comment, and in 

consultation with the Assistant Secretary of Commerce for Communications and Information and the head of each affected Federal 

agency (or a designee thereof), with respect to frequencies allocated 

for Federal use, the Commission shall adopt rules that permit 

unlicensed services where feasible to use any frequencies that are 

designated as guard bands to protect frequencies allocated after 

the date of enactment of this Act by competitive bidding under 

section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), 

including spectrum that acts as a duplex gap between transmit 

and receive frequencies. 

(b) LIMITATION.—The Commission may not permit any use of 

a guard band under this section that would cause harmful interference to a licensed service or a Federal service. 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as limiting the Commission or the Assistant Secretary 

of Commerce for Communications and Information from otherwise 

making spectrum available for licensed or unlicensed use in any 

frequency band in addition to guard bands, including under section 

603 of this title, consistent with their statutory jurisdictions. 

SEC. 612. PRE-AUCTION FUNDING. 

Section 118(d)(3)(B)(i)(II) of the National Telecommunications 

and Information Administration Organization Act (47 U.S.C. 

928(d)(3)(B)(i)(II)) is amended by striking ‘‘5 years’’ and inserting 

‘‘8 years’’. 

SEC. 613. IMMEDIATE TRANSFER OF FUNDS. 

Section 118(e)(1) of the National Telecommunications and 

Information Administration Organization Act (47 U.S.C. 928(e)(1)) 

is amended by adding at the end the following: 

‘‘(D) At the request of an eligible Federal entity, the 

Director of the Office of Management and Budget (in this 

subsection referred to as ‘OMB’) may transfer the amount 

under subparagraph (A) immediately— 

‘‘(i) after the frequencies are reallocated by 

competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)); or 

‘‘(ii) in the case of an incumbent Federal entity 

that is incurring relocation or sharing costs to 

accommodate sharing spectrum frequencies with 

another Federal entity, after the frequencies from 

which the other eligible Federal entity is relocating 

are reallocated by competitive bidding under section 

309(j) of the Communications Act of 1934 (47 U.S.C. 

309(j)), without regard to the availability of such sums 

in the Fund. 

‘‘(E) Prior to the deposit of proceeds into the Fund 

from an auction, the Director of OMB may borrow from 

the Treasury the amount under subparagraph (A) for a 

transfer under subparagraph (D). The Treasury shall immediately be reimbursed, without interest, from funds deposited into the Fund.’’. 

SEC. 614. AMENDMENTS TO THE SPECTRUM PIPELINE ACT OF 2015. 

Section 1008 of the Spectrum Pipeline Act of 2015 (Public 

Law 114–74; 129 Stat. 584) is amended in the matter preceding 

47 USC 1505. 


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132 STAT. 1110 PUBLIC LAW 115–141—MAR. 23, 2018 

paragraph (1) by inserting ‘‘, after notice and an opportunity for 

public comment,’’ after ‘‘the Commission’’. 

SEC. 615. GAO ASSESSMENT OF UNLICENSED SPECTRUM AND WI-FI 

USE IN LOW-INCOME NEIGHBORHOODS. 

(a) STUDY.— 

(1) IN GENERAL.—The Comptroller General of the United 

States shall conduct a study to evaluate the availability of 

broadband Internet access using unlicensed spectrum and wireless networks in low-income neighborhoods. 

(2) REQUIREMENTS.—In conducting the study under paragraph (1), the Comptroller General shall consider and 

evaluate— 

(A) the availability of wireless Internet hot spots and 

access to unlicensed spectrum in low-income neighborhoods, 

particularly for elementary and secondary school-aged children in such neighborhoods; 

(B) any barriers preventing or limiting the deployment 

and use of wireless networks in low-income neighborhoods; 

(C) how to overcome any barriers described in subparagraph (B), including through incentives, policies, or requirements that would increase the availability of unlicensed 

spectrum and related technologies in low-income neighborhoods; and 

(D) how to encourage home broadband adoption by 

households with elementary and secondary school-age children that are in low-income neighborhoods. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Comptroller General shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Energy and Commerce of the House of Representatives a report that— 

(1) summarizes the findings of the study conducted under 

subsection (a); and 

(2) makes recommendations with respect to potential incentives, policies, and requirements that could help achieve the 

goals described in subparagraphs (C) and (D) of subsection 

(a)(2). 

SEC. 616. RULEMAKING RELATED TO PARTITIONING OR 

DISAGGREGATING LICENSES. 

(a) DEFINITIONS.—In this section: 

(1) COVERED SMALL CARRIER.—The term ‘‘covered small 

carrier’’ means a carrier (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)) that— 

(A) has not more than 1,500 employees (as determined 

under section 121.106 of title 13, Code of Federal Regulations, or any successor thereto); and 

(B) offers services using the facilities of the carrier. 

(2) RURAL AREA.—The term ‘‘rural area’’ means any area 

other than— 

(A) a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or 

(B) an urbanized area contiguous and adjacent to a 

city or town that has a population of more than 50,000 

inhabitants. 

(b) RULEMAKING.— 

47 USC 1506. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 1112 PUBLIC LAW 115–141—MAR. 23, 2018 

SEC. 617. UNLICENSED SPECTRUM POLICY. 

(a) STATEMENT OF POLICY.—It is the policy of the United 

States— 

(1) to maximize the benefit to the people of the United 

States of the spectrum resources of the United States; 

(2) to advance innovation and investment in wireless 

broadband services; and 

(3) to promote spectrum policy that makes available on 

an unlicensed basis radio frequency bands to address consumer 

demand for unlicensed wireless broadband operations. 

(b) COMMISSION RESPONSIBILITIES.—The Commission shall 

ensure that the efforts of the Commission related to spectrum 

allocation and assignment made available on an unlicensed basis 

radio frequency bands to address demand for unlicensed wireless 

broadband operations if doing so is, after taking into account the 

future needs of homeland security, national security, and other 

spectrum users— 

(1) reasonable; and 

(2) in the public interest. 

(c) RULE OF CONSTRUCTION.—Nothing in this section confers 

any additional rights on unlicensed users or users licensed by 

rule under part 96 of title 47, Code of Federal Regulations, to 

protection from harmful interference. 

SEC. 618. NATIONAL PLAN FOR UNLICENSED SPECTRUM. 

(a) DEFINITIONS.—In this section: 

(1) SPECTRUM RELOCATION FUND.—The term ‘‘Spectrum 

Relocation Fund’’ means the Fund established under section 

118 of the National Telecommunications and Information 

Administration Organization Act (47 U.S.C. 928). 

(2) UNLICENSED OR LICENSED BY RULE OPERATIONS.—The 

term ‘‘unlicensed or licensed by rule operations’’ means the 

use of spectrum on a non-exclusive basis under— 

(A) part 15 of title 47, Code of Federal Regulations; 

or 

(B) licensing by rule under part 96 of title 47, Code 

of Federal Regulations. 

(b) NATIONAL PLAN.—Not later than 18 months after the date 

of enactment of this Act, the Commission, in consultation with 

the NTIA, shall develop a national plan for making additional 

radio frequency bands available for unlicensed or licensed by rule 

operations. 

(c) REQUIREMENTS.—The plan developed under this section 

shall— 

(1) identify an approach that ensures that consumers have 

access to additional spectrum to conduct unlicensed or licensed 

by rule operations in a range of radio frequencies to meet 

consumer demand; 

(2) recommend specific actions by the Commission and 

the NTIA to permit unlicensed or licensed by rule operations 

in additional radio frequency ranges that the Commission 

finds— 

(A) are consistent with the statement of policy under 

section 617(a) of this title; 

(B) will— 

(i) expand opportunities for unlicensed or licensed 

by rule operations in a spectrum band; or 

47 USC 1508. 

47 USC 1507. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 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— 

Spectrum 

Challenge 

Prize Act. 

47 USC 1509. 


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132 STAT. 1114 PUBLIC LAW 115–141—MAR. 23, 2018 

(A) conduct prize competitions to dramatically accelerate the development and commercialization of technology 

that improves spectrum efficiency and is capable of costeffective deployment; and 

(B) define a measurable set of performance goals for 

participants in the prize competitions to demonstrate their 

solutions on a level playing field while making a significant 

advancement over the current state of the art. 

(2) AUTHORITY OF SECRETARY.—In carrying out paragraph 

(1), the Secretary may— 

(A) enter into a grant, contract, cooperative agreement, 

or other agreement with a private sector for-profit or nonprofit entity to administer the prize competitions; 

(B) invite the Defense Advanced Research Projects 

Agency, the Commission, the National Aeronautics and 

Space Administration, the National Science Foundation, 

or any other Federal agency to provide advice and assistance in the design or administration of the prize competitions; and 

(C) award not more than $5,000,000, in the aggregate, 

to the winner or winners of the prize competitions. 

(d) CRITERIA.—Not later than 180 days after the date on which 

funds for prize competitions are made available pursuant to this 

section, the Commission shall publish a technical paper on spectrum 

efficiency providing criteria that may be used for the design of 

the prize competitions. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as may be necessary to carry out 

this section. 

SEC. 620. WIRELESS TELECOMMUNICATIONS TAX AND FEE COLLECTION FAIRNESS. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Wireless 

Telecommunications Tax and Fee Collection Fairness Act’’. 

(b) DEFINITIONS.—In this section: 

(1) FINANCIAL TRANSACTION.—The term ‘‘financial transaction’’ means a transaction in which the purchaser or user 

of a wireless telecommunications service upon whom a tax, 

fee, or surcharge is imposed gives cash, credit, or any other 

exchange of monetary value or consideration to the person 

who is required to collect or remit the tax, fee, or surcharge. 

(2) LOCAL JURISDICTION.—The term ‘‘local jurisdiction’’ 

means a political subdivision of a State. 

(3) STATE.—The term ‘‘State’’ means any of the several 

States, the District of Columbia, and any territory or possession 

of the United States. 

(4) STATE OR LOCAL JURISDICTION.—The term ‘‘State or 

local jurisdiction’’ includes any governmental entity or person 

acting on behalf of a State or local jurisdiction that has the 

authority to assess, impose, levy, or collect taxes or fees. 

(5) WIRELESS TELECOMMUNICATIONS SERVICE.—The term 

‘‘wireless telecommunications service’’ means a commercial 

mobile radio service, as defined in section 20.3 of title 47, 

Code of Federal Regulations, or any successor thereto. 

(c) FINANCIAL TRANSACTION REQUIREMENT.— (1) IN GENERAL.—A State, or a local jurisdiction of a State, 

may not require a person who is neither a resident of such 

Wireless 

Telecommunications Tax and 

Fee Collection 

Fairness Act. 

47 USC 1510. 


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State or local jurisdiction nor an entity having its principal 

place of business in such State or local jurisdiction to collect 

from, or remit on behalf of, any other person a State or local 

tax, fee, or surcharge imposed on a purchaser or user with 

respect to the purchase or use of any wireless telecommunications service within the State unless the collection or remittance is in connection with a financial transaction. 

(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to affect the right of a State or local jurisdiction to require the collection of any tax, fee, or surcharge 

in connection with a financial transaction. 

(d) ENFORCEMENT.— (1) PRIVATE RIGHT OF ACTION.—Any person aggrieved by 

a violation of subsection (c) may bring a civil action in an 

appropriate district court of the United States for equitable 

relief in accordance with paragraph (2) of this subsection. 

(2) JURISDICTION OF DISTRICT COURTS.—Notwithstanding 

section 1341 of title 28, United States Code, or the constitution 

or laws of any State, the district courts of the United States 

shall have jurisdiction, without regard to the amount in controversy or citizenship of the parties, to grant such mandatory 

or prohibitive injunctive relief, interim equitable relief, and 

declaratory judgments as may be necessary to prevent, restrain, 

or terminate any acts in violation of subsection (c). 

SEC. 621. RULES OF CONSTRUCTION. 

(a) RANGES OF FREQUENCIES.—Each range of frequencies 

described in this title shall be construed to be inclusive of the 

upper and lower frequencies in the range. 

(b) ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.—Nothing in this title shall be construed to affect any requirement under section 156 of the National Telecommunications and 

Information Administration Organization Act (47 U.S.C. 921 note), 

as added by section 1062(a) of the National Defense Authorization 

Act for Fiscal Year 2000. 

SEC. 622. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF AND JOB 

CREATION ACT OF 2012. 

Nothing in this title shall be construed to limit, restrict, or 

circumvent in any way the implementation of the nationwide public 

safety broadband network defined in section 6001 of title VI of 

the Middle Class Tax Relief and Job Creation Act of 2012 (47 

U.S.C. 1401) or any rules implementing that network under title 

VI of that Act (47 U.S.C. 1401 et seq.). 

SEC. 623. NO ADDITIONAL FUNDS AUTHORIZED. 

No additional funds are authorized to be appropriated to carry 

out this title, or the amendments made by this title. This title, 

and the amendments made by this title, shall be carried out using 

amounts otherwise authorized. 

DIVISION Q—KEVIN AND AVONTE’S LAW 

SECTION 1. SHORT TITLE. 

This division may be cited as the ‘‘Kevin and Avonte’s Law 

of 2018’’. 

Kevin and 

Avonte’s Law 

of 2018. 

34 USC 10101 

note. 

47 USC 1513. 

47 USC 1512. 

47 USC 1511. 


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132 STAT. 1116 PUBLIC LAW 115–141—MAR. 23, 2018 

TITLE I—MISSING ALZHEIMER’S DISEASE PATIENT ALERT PROGRAM REAUTHORIZATION 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Missing Americans Alert Program Act of 2018’’. 

SEC. 102. REAUTHORIZATION OF THE MISSING ALZHEIMER’S DISEASE 

PATIENT ALERT PROGRAM. 

(a) AMENDMENTS.—Section 240001 of the Violent Crime Control 

and Law Enforcement Act of 1994 (34 U.S.C. 12621) is amended— 

(1) in the section header, by striking ‘‘ALZHEIMER’S DISEASE

PATIENT’’ and inserting ‘‘AMERICANS’’; 

(2) by striking subsection (a) and inserting the following: 

‘‘(a) GRANT PROGRAM TO REDUCE INJURY AND DEATH OF

MISSING AMERICANS WITH DEMENTIA AND DEVELOPMENTAL DISABILITIES.—Subject to the availability of appropriations to carry out 

this section, the Attorney General, through the Bureau of Justice 

Assistance and in consultation with the Secretary of Health and 

Human Services— 

‘‘(1) shall award competitive grants to health care agencies, 

State and local law enforcement agencies, or public safety agencies and nonprofit organizations to assist such entities in planning, designing, establishing, or operating locally based, 

proactive programs to prevent wandering and locate missing 

individuals with forms of dementia, such as Alzheimer’s Disease, or developmental disabilities, such as autism, who, due 

to their condition, wander from safe environments, including 

programs that— 

‘‘(A) provide prevention and response information, 

including online training resources, and referrals to families or guardians of such individuals who, due to their 

condition, wander from a safe environment; 

‘‘(B) provide education and training, including online 

training resources, to first responders, school personnel, 

clinicians, and the public in order to— 

‘‘(i) increase the safety and reduce the incidence 

of wandering of persons, who, due to their dementia 

or developmental disabilities, may wander from safe 

environments; 

‘‘(ii) facilitate the rescue and recovery of individuals who, due to their dementia or developmental 

disabilities, wander from safe environments; and 

‘‘(iii) recognize and respond to and appropriately 

interact with endangered missing individuals with 

dementia or developmental disabilities who, due to 

their condition, wander from safe environments; 

‘‘(C) provide prevention and response training and 

emergency protocols for school administrators, staff, and 

families or guardians of individuals with dementia, such 

as Alzheimer’s Disease, or developmental disabilities, such 

as autism, to help reduce the risk of wandering by such 

individuals; and 

34 USC 10101 

note. 

Missing 

Americans Alert 

Program Act 

of 2018. 


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‘‘(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 


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132 STAT. 1118 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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of all food, beverages, audio-visual equipment, honoraria 

for speakers, and entertainment. 

‘‘(C) REPORT.—The Deputy Attorney General shall 

submit an annual report to the Committee on the Judiciary 

of the Senate and the Committee on the Judiciary of the 

House of Representatives on all conference expenditures 

approved under this paragraph. 

‘‘(4) ANNUAL CERTIFICATION.—Beginning in the first fiscal 

year beginning after the date of enactment of this subsection, 

the Attorney General shall submit, to the Committee on the 

Judiciary and the Committee on Appropriations of the Senate 

and the Committee on the Judiciary and the Committee on 

Appropriations of the House of Representatives, an annual 

certification— 

‘‘(A) indicating whether— 

‘‘(i) all audits issued by the Office of the Inspector 

General under paragraph (1) have been completed and 

reviewed by the appropriate Assistant Attorney General or Director; 

‘‘(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and 

‘‘(iii) all reimbursements required under paragraph 

(1)(E) have been made; and 

‘‘(B) that includes a list of any grant recipients excluded 

under paragraph (1) from the previous year. 

‘‘(f) PREVENTING DUPLICATIVE GRANTS.— 

‘‘(1) IN GENERAL.—Before the Attorney General awards a 

grant to an applicant under this section, the Attorney General 

shall compare potential grant awards with other grants 

awarded by the Attorney General to determine if grant awards 

are or have been awarded for a similar purpose. 

‘‘(2) REPORT.—If the Attorney General awards grants to 

the same applicant for a similar purpose the Attorney General 

shall submit to the Committee on the Judiciary of the Senate 

and the Committee on the Judiciary of the House of Representatives a report that includes— 

‘‘(A) a list of all such grants awarded, including the 

total dollar amount of any such grants awarded; and 

‘‘(B) the reason the Attorney General awarded multiple 

grants to the same applicant for a similar purpose.’’. 

(b) ANNUAL REPORT.—Not later than 2 years after the date 

of enactment of this Act and every year thereafter, the Attorney 

General shall submit to the Committee on the Judiciary and the 

Committee on Appropriations of the Senate and the Committee 

on the Judiciary and the Committee on Appropriations of the House 

of Representatives a report on the Missing Americans Alert Program, as amended by subsection (a), which shall address— 

(1) the number of individuals who benefitted from the 

Missing Americans Alert Program, including information such 

as the number of individuals with reduced unsafe wandering, 

the number of people who were trained through the program, 

and the estimated number of people who were impacted by 

the program; 

(2) the number of State, local, and tribal law enforcement 

or public safety agencies that applied for funding under the 

Missing Americans Alert Program; 

34 USC 12622. 


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(3) the number of State, local, and tribal local law enforcement or public safety agencies that received funding under 

the Missing Americans Alert Program, including— 

(A) the number of State, local, and tribal law enforcement or public safety agencies that used such funding 

for training; and 

(B) the number of State, local, and tribal law enforcement or public safety agencies that used such funding 

for designing, establishing, or operating locative tracking 

technology; 

(4) the companies, including the location (city and State) 

of the headquarters and local offices of each company, for 

which their locative tracking technology was used by State, 

local, and tribal law enforcement or public safety agencies; 

(5) the nonprofit organizations, including the location (city 

and State) of the headquarters and local offices of each 

organization, that State, local, and tribal law enforcement or 

public safety agencies partnered with and the result of each 

partnership; 

(6) the number of missing children with autism or another 

developmental disability with wandering tendencies or adults 

with Alzheimer’s being served by the program who went 

missing and the result of the search for each such individual; 

and 

(7) any recommendations for improving the Missing Americans Alert Program. 

(c) TABLE OF CONTENTS.—The table of contents in section 2 

of the Violent Crime Control and Law Enforcement Act of 1994 

is amended by striking the item relating to section 240001 and 

inserting the following: 

‘‘Sec. 240001. Missing Americans Alert Program.’’. 

TITLE II—EDUCATION AND OUTREACH 

SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISSING AND 

EXPLOITED CHILDREN. 

Section 404(b)(1)(H) of the Missing Children’s Assistance Act 

(34 U.S.C. 11293(b)(1)(H)) is amended by inserting ‘‘, including 

cases involving children with developmental disabilities such as 

autism’’ before the semicolon. 

TITLE III—PRIVACY PROTECTIONS 

SEC. 301. DEFINITIONS. 

In this title: 

(1) CHILD.—The term ‘‘child’’ means an individual who 

is less than 18 years of age. 

(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given that term in section 4(e) of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5304(e)). 

34 USC 12623 

note. 


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(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 ‘‘noninvasive and non-permanent’’ means, with regard to any technology or device, that the procedure to install the technology 

or device does not create an external or internal marker or 

implant a device, such as a microchip, or other trackable items. 

(5) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, the Commonwealth of Puerto Rico, 

the United States Virgin Islands, American Samoa, Guam, 

and the Commonwealth of the Northern Mariana Islands. 

(6) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local 

government’’ means a county, municipality, town, township, 

village, parish, borough, or other unit of general government 

below the State level. 

SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF NONINVASIVE 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; 

34 USC 12623. 


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132 STAT. 1122 PUBLIC LAW 115–141—MAR. 23, 2018 

(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 


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does not believe that the use of such device is necessary or 

in the interest of the child or adult under supervision. 

DIVISION R—TARGET ACT 

SECTION 1. SHORT TITLES. 

This division may be cited as the ‘‘Targeted Rewards for the 

Global Eradication of Human Trafficking’’ or the ‘‘TARGET Act’’. 

SEC. 2. FINDINGS; SENSE OF CONGRESS. 

(a) FINDINGS.—Congress finds the following: 

(1) Trafficking in persons is a major transnational crime, 

as recognized by the Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7101 et seq.; division A of Public Law 106–386). 

(2) Trafficking in persons is increasingly perpetrated by 

organized, sophisticated criminal enterprises. 

(3) Combating trafficking in persons requires a global 

approach to identifying and apprehending the world’s worst 

human trafficking rings. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Department of State’s rewards program is a powerful tool 

in combating sophisticated international crime and that the Department of State and Federal law enforcement should work in concert 

to offer rewards that target human traffickers who prey on the 

most vulnerable people around the world. 

SEC. 3. REWARDS FOR JUSTICE. 

Section 36(k)(5) of the State Department Basic Authorities Act 

of 1956 (22 U.S.C. 2708(k)(5)) is amended— 

(1) in the matter preceding subparagraph (A), by striking 

‘‘means’’; 

(2) by redesignating subparagraphs (A) and (B) as clauses 

(i) and (ii), respectively, and moving such clauses, as redesignated, 2 ems to the right; 

(3) by inserting before clause (i), as redesignated, the following: 

‘‘(A) means—’’; 

(4) in clause (ii), as redesignated, by striking the period 

at the end and inserting ‘‘; and’’; and 

(5) by adding at the end following: 

‘‘(B) includes severe forms of trafficking in persons 

(as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) involving at least 1 

jurisdiction outside of the United States.’’. 

DIVISION S—OTHER MATTER 

TITLE I—CHILD PROTECTION 

IMPROVEMENTS ACT 

SEC. 101. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND 

CRIMINAL HISTORY REVIEW PROGRAM. 

(a) IN GENERAL.—The National Child Protection Act of 1993 

(34 U.S.C. 40101 et seq.) is amended— 

(1) in section 3 (34 U.S.C. 40102)— 

Targeted 

Rewards for 

the Global 

Eradication of 

Human 

Trafficking. 

22 USC 2651 

note. 

22 USC 2708 

note. 


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(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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 1126 PUBLIC LAW 115–141—MAR. 23, 2018 

subparagraph (B). The Attorney General may not designate 

and enter into an agreement with a Federal agency under 

this subparagraph. 

‘‘(B) DETERMINATIONS.—A designated entity shall, upon 

the receipt of the information described in paragraph (1), 

make a determination of fitness described in subsection 

(b)(4), using the criteria described in subparagraph (C). 

‘‘(C) CRIMINAL HISTORY REVIEW CRITERIA.—The 

Attorney General shall, by rule, establish the criteria for 

use by designated entities in making a determination of 

fitness described in subsection (b)(4). Such criteria shall 

be based on the criteria established pursuant to section 

108(a)(3)(G)(i) of the Prosecutorial Remedies and Other 

Tools to end the Exploitation of Children Today Act of 

2003 (34 U.S.C. 40102 note) and section 658H of the Child 

Care and Development Block Grant Act of 1990 (42 U.S.C. 

9858f).’’; and 

(2) in section 5 (34 U.S.C. 40104)— 

(A) by amending paragraph (9) to read as follows: 

‘‘(9) the term ‘covered individual’ means an individual— 

‘‘(A) who has, seeks to have, or may have access to 

children, the elderly, or individuals with disabilities, served 

by a qualified entity; and 

‘‘(B) who— 

‘‘(i) is employed by or volunteers with, or seeks 

to be employed by or volunteer with, a qualified entity; 

or 

‘‘(ii) owns or operates, or seeks to own or operate, 

a qualified entity;’’; 

(B) in paragraph (10), by striking ‘‘and’’ at the end; 

(C) in paragraph (11), by striking the period at the 

end and inserting ‘‘; and’’; and 

(D) by inserting after paragraph (11) the following: 

‘‘(12) the term ‘designated entity’ means an entity designated by the Attorney General under section 3(f)(2)(A).’’. 

(b) IMPLEMENTATION.—The Attorney General shall ensure that 

this section and the amendments made by this section are fully 

implemented not later than 1 year after the date of enactment 

of this section. 

TITLE II—SAVE AMERICA’S PASTIME 

ACT 

SEC. 201. APPLICATION OF THE FAIR LABOR STANDARDS ACT OF 1938 

TO MINOR LEAGUE BASEBALL PLAYERS. 

(a) IN GENERAL.—Section 13(a) of the Fair Labor Standards 

Act of 1938 (29 U.S.C. 213(a)) is amended— 

(1) in paragraph (18), by striking the period and inserting 

‘‘; or’’; and 

(2) by adding at the end the following: 

‘‘(19) any employee employed to play baseball who is compensated pursuant to a contract that provides for a weekly 

salary for services performed during the league’s championship 

season (but not spring training or the off season) at a rate 

that is not less than a weekly salary equal to the minimum 

wage under section 6(a) for a workweek of 40 hours, irrespective 

34 USC 40102 

note. 


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of the number of hours the employee devotes to baseball related 

activities.’’. 

(b) EFFECTIVE DATE.—This section, and the amendments made 

by this section, shall take effect on the date of enactment of this 

Act. 

TITLE III—KEEP YOUNG ATHLETES 

SAFE ACT 

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘Keep Young Athletes Safe 

Act of 2018’’. 

SEC. 302. GRANT TO PROTECT YOUNG ATHLETES FROM ABUSE. 

(a) IN GENERAL.—Chapter 2205 of title 36, United States Code, 

is amended by adding at the end the following: 

‘‘SUBCHAPTER III—GRANT TO KEEP YOUNG ATHLETES 

SAFE 

‘‘§ 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 

36 USC 220531. 

36 USC 220531 

prec. 

36 USC 101 note. 

Keep Young 

Athletes Safe 

Act of 2018. 

29 USC 213 note. 


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132 STAT. 1128 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(3) to oversee the administration of the procedures 

described in subsection (b)(2). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this section $2,500,000 for each of the fiscal years 

2018 through 2022. 

‘‘(2) AVAILABILITY OF GRANT FUNDS.—Funds appropriated 

under this section shall remain available until expended.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

2205 of title 36, United States Code, is amended by inserting 

after the item related to section 220529 the following: 

‘‘SUBCHAPTER III—GRANT TO KEEP YOUNG ATHLETES SAFE

‘‘220531. Grant to protect young athletes from abuse.’’. 

TITLE IV—CONSENT OF CONGRESS TO 

AMENDMENTS TO THE CONSTITUTION 

OF THE STATE OF ARIZONA 

SEC. 401. CONSENT OF CONGRESS TO AMENDMENTS TO THE CONSTITUTION OF THE STATE OF ARIZONA. 

Congress consents to the amendments to the Constitution of 

the State of Arizona proposed by House Concurrent Resolution 

2001 of the 52nd Legislature of the State of Arizona, First Special 

Session, 2015, entitled ‘‘A Concurrent Resolution Proposing an 

Amendment to the Constitution of Arizona; Amending Article X, 

Section 7, Constitution of Arizona; Amending Article XI, Constitution of Arizona, by Adding Section 11; Relating to Education 

Finance’’, approved by the voters of the State of Arizona at the 

special election held on May 17, 2016. 

TITLE V—STOP SCHOOL VIOLENCE ACT 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Student, Teachers, and Officers 

Preventing School Violence Act of 2018’’ or the ‘‘STOP School 

Violence Act of 2018’’. 

SEC. 502. GRANT PROGRAM FOR SCHOOL SECURITY. 

Part AA of title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (34 U.S.C. 10551 et seq.) is amended— 

(1) in section 2701 (34 U.S.C. 10551)— 

(A) by striking subsection (a) and inserting the following: 

‘‘(a) IN GENERAL.— 

‘‘(1) COPS GRANTS.—The Director of the Office of Community Oriented Policing Services (referred to in this part as 

the ‘COPS Director’) is authorized to make grants to States, 

units of local government, and Indian tribes for the purposes 

described in paragraphs (5) through (9) of subsection (b). 

‘‘(2) BJA GRANTS.—The Director of the Bureau of Justice 

Assistance (referred to in this part as the ‘BJA Director’) is 

authorized to make grants to States, units of local government, 

and Indian tribes for the purposes described in paragraphs 

(1) through (4) of subsection (b).’’; 

Student, 

Teachers, and 

Officers 

Preventing 

School Violence 

Act of 2018. 

34 USC 10101 

note. 

36 USC 220501 

prec. 


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(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 


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(ii) in paragraph (3), by striking ‘‘Director may’’ 

and inserting ‘‘COPS Director and the BJA Director 

may each’’; 

(G) in subsection (g), as so redesignated, by striking 

‘‘Director shall’’ and inserting ‘‘COPS Director and the BJA 

shall each’’; and 

(H) in subsection (h), as so redesignated, by striking 

‘‘Director may’’ and inserting ‘‘COPS Director and the BJA 

Director may each’’; 

(2) in section 2702 (34 U.S.C. 10552)— 

(A) in subsection (a)— 

(i) in the matter preceding paragraph (1)— 

(I) by striking ‘‘the Director’’ the first place 

it appears and inserting ‘‘the COPS Director or 

the BJA Director, as the case may be,’’; and 

(II) by striking ‘‘the Director may’’ and 

inserting ‘‘the COPS Director or the BJA Director 

may’’; 

(ii) in paragraph (1)(B), by striking ‘‘and’’ at the 

end; 

(iii) in paragraph (2)— 

(I) in the matter preceding subparagraph (A), 

by striking ‘‘child psychologists’’ and inserting 

‘‘licensed mental health professionals’’; and 

(II) in subparagraph (B), by striking the period 

at the end and inserting a semicolon; and 

(iv) by adding at the end the following: 

‘‘(3) include an assurance that the applicant shall maintain 

and report such data, records, and information (programmatic 

and financial) as the COPS Director or the BJA Director may 

reasonably require; 

‘‘(4) include a certification, made in a form acceptable to 

the COPS Director or the BJA Director, as the case may be, 

that— 

‘‘(A) the programs to be funded by the grant meet 

all the requirements of this part; 

‘‘(B) all the information contained in the application 

is correct; and 

‘‘(C) the applicant will comply with all provisions of 

this part and all other applicable Federal laws.’’; and 

(B) in subsection (b)— 

(i) by striking ‘‘this part’’ and inserting ‘‘the STOP 

School Violence Act of 2018’’; and 

(ii) by striking ‘‘Director shall’’ and inserting 

‘‘COPS Director and the BJA Director shall each’’; 

(3) in section 2703 (34 U.S.C. 10553)— 

(A) in the section heading, by inserting after ‘‘congress’’ 

the following: ‘‘; grant accountability’’; 

(B) by striking ‘‘Not later’’ and inserting the following: 

‘‘(a) ANNUAL REPORT.—Not later’’; 

(C) by striking ‘‘Director shall’’ and inserting ‘‘COPS 

Director and the BJA Director shall each’’; and 

(D) by adding at the end the following: 

‘‘(b) GRANT ACCOUNTABILITY.—Section 3026 (relating to grant 

accountability) shall apply to grants awarded by the COPS Director 

and the BJA Director under this part. For purposes of the preceding 

sentence, any references in section 3026 to the Attorney General 


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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 welldesigned and well-implemented experimental study; 

‘‘(ii) moderate evidence from not less than 1 welldesigned and well-implemented quasi-experimental 

study; or 

‘‘(iii) promising evidence from not less than 1 welldesigned and well-implemented correlational study 

with statistical controls for selection bias; 

‘‘(B) demonstrates a rationale based on high-quality 

research findings or positive evaluation that such program, 

practice, technology, or equipment is likely to improve relevant outcomes, and includes ongoing efforts to examine 

the effects of the program, practice, technology, or equipment; or 

‘‘(C) in the case of technology or equipment, demonstrates that use of the technology or equipment is— 

‘‘(i) consistent with best practices for school security, including— 

‘‘(I) applicable standards for school security 

established by a Federal or State government 

agency; and 

‘‘(II) findings and recommendations of public 

commissions and task forces established to make 

recommendations or set standards for school security; and 

‘‘(ii) compliant with all applicable codes, including 

building and life safety codes; and 

‘‘(5) the term ‘tribal organization’ has the same meaning 

given the term in section 4(l) of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5304(l)).’’; 

(5) by striking section 2705 and inserting the following: 

‘‘SEC. 2705. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated— 

‘‘(1) $75,000,000 for fiscal year 2018, of which— 

‘‘(A) $50,000,000 shall be made available to the BJA 

Director to carry out this part; and 

‘‘(B) $25,000,000 shall be made available to the COPS 

Director to carry out this part; and 

34 USC 10555. 

42 USC 3797e. 


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132 STAT. 1132 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(2) $100,000,000 for each of fiscal years 2019 through 

2028, of which, for each fiscal year— ‘‘(A) $67,000,000 shall be made available to the BJA 

Director to carry out this part; and ‘‘(B) $33,000,000 shall be made available to the COPS 

Director to carry out this part. 

‘‘(b) OFFSET.—Any funds appropriated for the Comprehensive 

School Safety Initiative of the National Institute of Justice in fiscal 

year 2018 shall instead be used for the purposes in subsection 

(a).’’; and 

(6) by adding at the end the following: 

‘‘SEC. 2706. RULES OF CONSTRUCTION. 

‘‘(a) NO FUNDS TO PROVIDE FIREARMS OR TRAINING.—No 

amounts provided as a grant under this part may be used for 

the provision to any person of a firearm or training in the use 

of a firearm. 

‘‘(b) NO EFFECT ON OTHER LAWS.—Nothing in this part may 

be construed to preclude or contradict any other provision of law 

authorizing the provision of firearms or training in the use of 

firearms.’’. 

TITLE VI—FIX NICS ACT 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Fix NICS Act of 2018’’. 

SEC. 602. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS AND AGENCIES. 

Section 103 of the Brady Handgun Violence Prevention Act 

(34 U.S.C. 40901) is amended— 

(1) in subsection (e)(1), by adding at the end the following: 

‘‘(F) SEMIANNUAL CERTIFICATION AND REPORTING.— ‘‘(i) IN GENERAL.—The head of each Federal department or agency shall submit a semiannual written 

certification to the Attorney General indicating 

whether the department or agency is in compliance 

with the record submission requirements under 

subparagraph (C). 

‘‘(ii) SUBMISSION DATES.—The head of a Federal 

department or agency shall submit a certification to 

the Attorney General under clause (i)— 

‘‘(I) not later than July 31 of each year, which 

shall address all relevant records, including those 

that have not been transmitted to the Attorney 

General, in possession of the department or agency 

during the period beginning on January 1 of the 

year and ending on June 30 of the year; and 

‘‘(II) not later than January 31 of each year, 

which shall address all relevant records, including 

those that have not been transmitted to the 

Attorney General, in possession of the department 

or agency during the period beginning on July 

1 of the previous year and ending on December 

31 of the previous year. 

‘‘(iii) CONTENTS.—A certification required under 

clause (i) shall state, for the applicable period— 

34 USC 10101 

note. 

Fix NICS Act 

of 2018. 

34 USC 10556. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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— 


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132 STAT. 1134 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 1136 PUBLIC LAW 115–141—MAR. 23, 2018 

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 IDENTIFICA- TION, 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 prevalidate 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)— 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 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 

34 USC 40917. 


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132 STAT. 1138 PUBLIC LAW 115–141—MAR. 23, 2018 

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 ‘foursevenths of the total of the sums’ ’’. 

(b) TECHNICAL CORRECTIONS.—Section 510(a)(1)(A) of the Social 

Security Act (42 U.S.C. 710(a)(1)(A)) is amended— 

(1) by striking ‘‘subsection (e)(1)’’ and inserting ‘‘subsection 

(f)(1)’’; and 

(2) by striking ‘‘subsection (e)(2)’’ and inserting ‘‘subsection 

(f)(2)’’. 

TITLE VIII—SMALL BUSINESS CREDIT 

AVAILABILITY ACT 

SEC. 801. SHORT TITLE. 

This title may be cited as the ‘‘Small Business Credit Availability Act’’. 

SEC. 802. EXPANDING ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT COMPANIES. 

(a) IN GENERAL.—Section 61(a) of the Investment Company 

Act of 1940 (15 U.S.C. 80a–60(a)) is amended— 

(1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and 

15 USC 80a–51 

note. 

Small Business 

Credit 

Availability Act. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 


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132 STAT. 1140 PUBLIC LAW 115–141—MAR. 23, 2018 

cast for the application of this paragraph to the company, to become effective on the first day after the 

date of the approval; and 

‘‘(ii) if the company is not an issuer of common 

equity securities that are listed on a national securities 

exchange, extends, to each person that is a shareholder 

as of the date of an approval described in subclause 

(I) or (II) of clause (i), as applicable, the opportunity 

(which may include a tender offer) to sell the securities 

held by that shareholder as of that applicable approval 

date, with 25 percent of those securities to be repurchased in each of the 4 calendar quarters following 

the calendar quarter in which that applicable approval 

date takes place.’’. 

(b) CONFORMING AMENDMENTS.— (1) INVESTMENT ADVISERS ACT OF 1940.—Section 205(b)(3) 

of the Investment Advisers Act of 1940 (15 U.S.C. 80b–5(b)(3)) 

is amended— 

(A) by striking ‘‘section 61(a)(3)(B)(iii)’’ and inserting 

‘‘section 61(a)(4)(B)(iii)’’; and 

(B) by striking ‘‘section 61(a)(3)(B)’’ and inserting ‘‘section 61(a)(4)(B)’’. 

(2) INVESTMENT COMPANY ACT OF 1940.—The Investment 

Company Act of 1940 (15 U.S.C. 80a–1 et seq.) is amended— 

(A) in section 57 (15 U.S.C. 80a–56)— 

(i) in subsection (j)(1), by striking ‘‘section 

61(a)(3)(B)’’ and inserting ‘‘section 61(a)(4)(B)’’; and 

(ii) in subsection (n)(2), by striking ‘‘section 

61(a)(3)(B)’’ and inserting ‘‘section 61(a)(4)(B)’’; and 

(B) in section 63(3) (15 U.S.C. 80a–62(3)), by striking 

‘‘section 61(a)(3)’’ and inserting ‘‘section 61(a)(4)’’. 

SEC. 803. PARITY FOR BUSINESS DEVELOPMENT COMPANIES 

REGARDING OFFERING AND PROXY RULES. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘business development company’’ has the 

meaning given the term in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)); 

(2) the term ‘‘Commission’’ means the Securities and 

Exchange Commission; 

(3) the term ‘‘Form N–2’’ means the form described in 

section 239.14 of title 17, Code of Federal Regulations; 

(4) the term ‘‘Form S–3’’ means the form described in 

section 239.13 of title 17, Code of Federal Regulations; and 

(5) the term ‘‘Schedule 14A’’ means the information 

required under section 240.14a–101 of title 17, Code of Federal 

Regulations. 

(b) REVISION TO RULES.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Commission shall make the revisions described in paragraph (2) to allow a business development company that has filed an election under section 54 

of the Investment Company Act of 1940 (15 U.S.C. 80a–53) 

to use the securities offering and proxy rules that are available 

to other issuers that are required to file reports under section 

13(a) or section 15(d) of the Securities Exchange Act of 1934 

(15 U.S.C. 78m(a); 78o(d)). 

15 USC 80a–53 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 ‘‘wellknown 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 


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132 STAT. 1142 PUBLIC LAW 115–141—MAR. 23, 2018 

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 wellknown 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. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1143 

TITLE IX—SMALL BUSINESS ACCESS TO 

CAPITAL AFTER A NATURAL DISASTER ACT 

SEC. 901. SHORT TITLE. 

This title may be cited as the ‘‘Small Business Access to Capital 

After a Natural Disaster Act’’. 

SEC. 902. EXPANDING ACCESS TO CAPITAL FOR SMALL BUSINESSES 

IMPACTED BY A NATURAL DISASTER. 

Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 

78d) is amended— 

(1) in subsection (j)(4)(C), by striking ‘‘minority-owned and 

women-owned small businesses’’ and inserting ‘‘minority-owned 

small businesses, women-owned small businesses, and small 

businesses affected by hurricanes or other natural disasters’’; 

and 

(2) in subsection (j)(6)(B)(iii), by striking ‘‘minority-owned 

and women-owned small businesses’’ and inserting ‘‘minorityowned small businesses, women-owned small businesses, and 

small businesses affected by hurricanes or other natural disasters’’. 

TITLE X—TAYLOR FORCE ACT 

SEC. 1001. SHORT TITLE. 

This title may be cited as the ‘‘Taylor Force Act’’. 

SEC. 1002. FINDINGS. 

Congress makes the following findings: 

(1) The Palestinian Authority’s practice of paying salaries 

to terrorists serving in Israeli prisons, as well as to the families 

of deceased terrorists, is an incentive to commit acts of terror. 

(2) The United States does not provide direct budgetary 

support to the Palestinian Authority. The United States does 

pay certain debts held by the Palestinian Authority and funds 

programs for which the Palestinian Authority would otherwise 

be responsible. 

(3) The United States Government supports communitybased 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’’. 

22 USC 2378c–1 

note. 

22 USC 2151 

note. 

Taylor Force Act. 

15 USC 78a note. 

Small Business 

Access to Capital 

After a Natural 

Disaster Act. 


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132 STAT. 1144 PUBLIC LAW 115–141—MAR. 23, 2018 

SEC. 1003. SENSE OF CONGRESS. 

Congress— 

(1) calls on the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations 

to stop payments for acts of terrorism by individuals who are 

imprisoned after being fairly tried and convicted for acts of 

terrorism and by individuals who died committing acts of terrorism and to repeal the laws authorizing such payments; 

(2) calls on all donor countries providing budgetary assistance to the Palestinian Authority to cease direct budgetary 

support until the Palestinian Authority stops all payments 

incentivizing terror; 

(3) urges the Palestinian Authority to develop programs 

to provide essential public services and support to any individual in need within its jurisdictional control, rather than 

to provide payments contingent on perpetrating acts of violence; 

(4) urges the United States Permanent Representative to 

the United Nations to use the voice, vote, and influence of 

the United States at the United Nations to highlight the issue 

of Palestinian Authority payments for acts of terrorism and 

to urge other Member States to apply pressure upon the Palestinian Authority to immediately cease such payments; and 

(5) urges the Department of State to use its bilateral and 

multilateral engagements with all governments and organizations committed to the cause of peace between Israel and the 

Palestinians to highlight the issue of Palestinian Authority 

payments for acts of terrorism and to urge such governments 

and organizations to join the United States in calling on the 

Palestinian Authority to immediately cease such payments. 

SEC. 1004. LIMITATION ON ASSISTANCE TO THE WEST BANK AND GAZA. 

(a) LIMITATION.— 

(1) IN GENERAL.—Funds authorized to be appropriated or 

otherwise made available for assistance under chapter 4 of 

part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 

et seq.; relating to Economic Support Fund) and available for 

assistance for the West Bank and Gaza that directly benefits 

the Palestinian Authority may only be made available for such 

purpose if, except as provided in subsection (d), not later than 

30 days after the date of the enactment of this Act, and every 

180 days thereafter, the Secretary of State certifies in writing 

to the appropriate congressional committees that the Palestinian Authority, the Palestine Liberation Organization, and 

any successor or affiliated organizations— 

(A) are taking credible steps to end acts of violence 

against Israeli citizens and United States citizens that 

are perpetrated or materially assisted by individuals under 

their jurisdictional control, such as the March 2016 attack 

that killed former United States Army officer Taylor Force, 

a veteran of the wars in Iraq and Afghanistan; 

(B) have terminated payments for acts of terrorism 

against Israeli citizens and United States citizens to any 

individual, after being fairly tried, who has been imprisoned 

for such acts of terrorism and to any individual who died 

committing such acts of terrorism, including to a family 

member of such individuals; 

22 USC 2378c–1. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. 


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132 STAT. 1146 PUBLIC LAW 115–141—MAR. 23, 2018 

(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, 


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PUBLIC LAW 115–141—MAR. 23, 2018 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. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. 

In this title, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Appropriations and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Appropriations and the Committee 

on Foreign Relations of the Senate. 

TITLE XI—FARM ACT 

SEC. 1101. SHORT TITLE. 

This title may be cited as the ‘‘Fair Agricultural Reporting 

Method Act’’ or the ‘‘FARM Act’’. 

SEC. 1102. EXEMPTIONS FROM CERTAIN NOTICE REQUIREMENTS AND 

PENALTIES. 

Section 103 of the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is 

amended by striking subsection (e) and inserting the following: 

‘‘(e) APPLICABILITY TO REGISTERED PESTICIDE PRODUCTS AND

AIR EMISSIONS FROM ANIMAL WASTE AT FARMS.— 

‘‘(1) IN GENERAL.—This section shall not apply to— 

‘‘(A) the application of a pesticide product registered 

under the Federal Insecticide, Fungicide, and Rodenticide 

Act (7 U.S.C. 136 et seq.) or the handling and storage 

Fair Agricultural 

Reporting 

Method Act. 

42 USC 9601 

note. 

22 USC 2378c–1 

note. 


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132 STAT. 1148 PUBLIC LAW 115–141—MAR. 23, 2018 

of such a pesticide product by an agricultural producer; 

or 

‘‘(B) air emissions from animal waste (including decomposing animal waste) at a farm. 

‘‘(2) DEFINITIONS.—In this subsection: 

‘‘(A) ANIMAL WASTE.— 

‘‘(i) IN GENERAL.—The term ‘animal waste’ means 

feces, urine, or other excrement, digestive emission, 

urea, or similar substances emitted by animals 

(including any form of livestock, poultry, or fish). 

‘‘(ii) INCLUSIONS.—The term ‘animal waste’ 

includes animal waste that is mixed or commingled 

with bedding, compost, feed, soil, or any other material 

typically found with such waste. 

‘‘(B) FARM.—The term ‘farm’ means a site or area 

(including associated structures) that— 

‘‘(i) is used for— 

‘‘(I) the production of a crop; or 

‘‘(II) the raising or selling of animals (including 

any form of livestock, poultry, or fish); and 

‘‘(ii) under normal conditions, produces during a 

farm year any agricultural products with a total value 

equal to not less than $1,000.’’. 

SEC. 1103. APPLICATION. 

Nothing in this title or an amendment made by this title 

affects, or supersedes or modifies the responsibility or authority 

of any Federal official or employee to comply with or enforce, 

any requirement under the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

et seq.), other than the hazardous substance notification requirements under section 103 of that Act (42 U.S.C. 9603) with respect 

to air emissions from animal waste at farms. 

TITLE XII—TIPPED EMPLOYEES 

SEC. 1201. TIPPED EMPLOYEES. 

(a) PROHIBITION ON KEEPING TIPS.—Section 3(m) of the Fair 

Labor Standards Act of 1938 (29 U.S.C. 203(m)) is amended— 

(1) by redesignating paragraphs (1) and (2) as clauses 

(i) and (ii), respectively; 

(2) by inserting ‘‘(1)’’ after ‘‘(m)’’; 

(3) by striking ‘‘any employee. In determining’’ and 

inserting the following: ‘‘any employee. 

‘‘(2)(A) In determining’’; 

(4) in clause (ii) of paragraph (2)(A) (as so redesignated), 

by striking ‘‘paragraph (1)’’ and inserting ‘‘clause (i)’’; and 

(5) by adding at the end the following: 

‘‘(B) An employer may not keep tips received by its employees 

for any purposes, including allowing managers or supervisors to 

keep any portion of employees’ tips, regardless of whether or not 

the employer takes a tip credit.’’. 

(b) PENALTIES.—Section 16 of the Fair Labor Standards Act 

of 1938 (29 U.S.C. 216) is amended— 

(1) in subsection (b)— 

42 USC 9603 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) 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 PASSTHROUGH 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 

29 USC 203 note. 


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OPD service (or group of services) furnished beginning 

January 1, 2018, such pass-through status shall be 

extended for a 2-year period beginning on October 1, 2018. 

‘‘(H) TEMPORARY PAYMENT RULE FOR CERTAIN DRUGS

AND BIOLOGICALS.—In the case of a drug or biological whose 

period of pass-through status under this paragraph ended 

on December 31, 2017, and for which payment under this 

subsection was packaged into a payment for a covered 

OPD service (or group of services) furnished beginning 

January 1, 2018, the payment amount for such drug or 

biological under this subsection that is furnished during 

the period beginning on October 1, 2018, and ending on 

March 31, 2019, shall be the greater of— 

‘‘(i) the payment amount that would otherwise 

apply under subparagraph (D)(i) for such drug or 

biological during such period; or 

‘‘(ii) the payment amount that applied under such 

subparagraph (D)(i) for such drug or biological on 

December 31, 2017. 

‘‘(I) SPECIAL PAYMENT ADJUSTMENT RULES FOR LAST

QUARTER OF 2018.—In the case of a drug or biological whose 

period of pass-through status under this paragraph ended 

on December 31, 2017, and for which payment under this 

subsection was packaged into a payment amount for a 

covered OPD service (or group of services) beginning 

January 1, 2018, the following rules shall apply with 

respect to payment amounts under this subsection for covered a OPD service (or group of services) furnished during 

the period beginning on October 1, 2018, and ending on 

December 31, 2018: 

‘‘(i) The Secretary shall remove the packaged costs 

of such drug or biological (as determined by the Secretary) from the payment amount under this subsection 

for the covered OPD service (or group of services) with 

which it is packaged. 

‘‘(ii) The Secretary shall not make any adjustments 

to payment amounts under this subsection for a covered OPD service (or group of services) for which no 

costs were removed under clause (i).’’. 

(2) NONAPPLICATION OF LIMIT ON AGGREGATE ANNUAL

ADJUSTMENT FOR 2018.—Section 1833(t)(6)(E)(i) of the Social 

Security Act (42 U.S.C. 1395l(t)(6)(E)(i)) is amended by adding 

at the end the following new sentence: ‘‘This clause shall not 

apply for 2018.’’. 

(3) IMPLEMENTATION.—Notwithstanding any other provision of law, the Secretary of Health and Human Services may 

implement the amendments made by paragraphs (1) and (2) 

by program instruction or otherwise. 

(b) GAO STUDY AND REPORT.— 

(1) IN GENERAL.—The Comptroller General of the United 

States (in this subsection referred to as the ‘‘Comptroller General’’) shall conduct a study on the policy for packaging high 

cost drugs and biologicals after their pass-through status under 

subsection (t)(6) of section 1833 of the Social Security Act 

(42 U.S.C. 1395l) has expired under the payment systems for 

hospital outpatient department services under section subsection (t) of such section and for surgical services furnished 

42 USC 1395l 

note. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 costsharing. 

(2) REPORT.—Not later than March 1, 2021, the Comptroller 

General shall submit to Congress a report containing the results 

of the study conducted under paragraph (1), together with 

recommendations for such legislation and administrative action 

as the Comptroller General determines appropriate. 

DIVISION T—REVENUE PROVISIONS 

SEC. 101. MODIFICATION OF DEDUCTION FOR QUALIFIED BUSINESS 

INCOME OF A COOPERATIVE AND ITS PATRONS. 

(a) DEDUCTION FOR QUALIFIED PRODUCTION ACTIVITIES

INCOME.— 

(1) IN GENERAL.—Subsection (g) of section 199A of the 

Internal Revenue Code of 1986 is amended to read as follows: 

‘‘(g) DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC

PRODUCTION ACTIVITIES OF SPECIFIED AGRICULTURAL OR HORTICULTURAL COOPERATIVES.— 

‘‘(1) ALLOWANCE OF DEDUCTION.— 

‘‘(A) IN GENERAL.—In the case of a taxpayer which 

is a specified agricultural or horticultural cooperative, there 

shall be allowed as a deduction an amount equal to 9 

percent of the lesser of— 

‘‘(i) the qualified production activities income of 

the taxpayer for the taxable year, or 

‘‘(ii) the taxable income of the taxpayer for the 

taxable year. 

‘‘(B) LIMITATION.— 

‘‘(i) IN GENERAL.—The deduction allowable under 

subparagraph (A) for any taxable year shall not exceed 

50 percent of the W-2 wages of the taxpayer for the 

taxable year. 

‘‘(ii) W-2 WAGES.—For purposes of this subparagraph, the W-2 wages of the taxpayer shall be determined in the same manner as under subsection (b)(4) 

(without regard to subparagraph (B) thereof and after 

application of subsection (b)(5)), except that such wages 

shall not include any amount which is not properly 

allocable to domestic production gross receipts for purposes of paragraph (3)(A). 

‘‘(C) TAXABLE INCOME OF COOPERATIVES DETERMINED

WITHOUT REGARD TO CERTAIN DEDUCTIONS.—For purposes 

of this subsection, the taxable income of a specified agricultural or horticultural cooperative shall be computed without 

regard to any deduction allowable under subsection (b) 

or (c) of section 1382 (relating to patronage dividends, 

26 USC 199A. 


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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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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— 


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132 STAT. 1154 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(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). 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 ACTIVI- TIES INCOME.—For purposes of this subparagraph, the 

term ‘oil related qualified production activities income’ 

means for any taxable year the qualified production 

activities income which is attributable to the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof (within 

the meaning of section 927(a)(2)(C), as in effect before 

its repeal) during such taxable year. 

‘‘(6) REGULATIONS.—The Secretary shall prescribe such 

regulations as are necessary to carry out the purposes of this 

subsection, including regulations which prevent more than 1 

taxpayer from being allowed a deduction under this subsection 

with respect to any activity described in paragraph (3)(D)(i). 

Such regulations shall be based on the regulations applicable 

to cooperatives and their patrons under section 199 (as in 

effect before its repeal).’’. 

(2) CONFORMING AMENDMENTS.— 

(A) Sections 63(b)(3), 63(d)(3), 199A(e)(1), and 

6662(d)(1)(C) of such Code are each amended by striking 

‘‘the deduction’’ and inserting ‘‘any deduction’’. 

(B) The last sentence of section 62(a) of such Code 

and section 172(d)(8) of such Code are each amended by 

striking ‘‘The deduction’’ and inserting ‘‘Any deduction’’. 

(C) Section 199A(e)(1) of such Code is amended by 

striking ‘‘Taxable income’’ and inserting ‘‘Except as otherwise provided in subsection (g)(2)(B), taxable income’’. 

(D) Section 613(a) of such Code is amended by striking 

‘‘the deduction under section 199A’’ and inserting ‘‘any 

deduction under section 199A’’. 

(b) MODIFICATIONS RELATED TO PAYMENTS FROM COOPERATIVES.— 

(1) REPEAL OF SPECIAL DEDUCTION FOR QUALIFIED COOPERATIVE DIVIDENDS.—Subsection (a) of section 199A of such Code 

is amended to read as follows: 

‘‘(a) ALLOWANCE OF DEDUCTION.—In the case of a taxpayer 

other than a corporation, there shall be allowed as a deduction 

for any taxable year an amount equal to the lesser of— 

‘‘(1) the combined qualified business income amount of 

the taxpayer, or 

‘‘(2) an amount equal to 20 percent of the excess (if any) 

of— 

‘‘(A) the taxable income of the taxpayer for the taxable 

year, over 

26 USC 63, 199A, 

6662. 


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132 STAT. 1156 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(B) the net capital gain (as defined in section 1(h)) 

of the taxpayer for such taxable year.’’. 

(2) REPEAL OF RULE EXCLUDING QUALIFIED COOPERATIVE

DIVIDENDS FROM QUALIFIED BUSINESS INCOME.— (A) IN GENERAL.—Section 199A(c)(1) of such Code is 

amended by striking ‘‘, qualified cooperative dividends,’’. 

(B) CONFORMING AMENDMENTS.— (i) Section 199A(c)(3)(B) of such Code is amended— 

(I) by striking ‘‘investment’’ in the matter preceding clause (i), and 

(II) by adding at the end of clause (ii) the 

following: ‘‘Any amount described in section 

1385(a)(1) shall not be treated as described in this 

clause.’’. 

(ii) Section 199A(e) of such Code is amended by 

striking paragraph (4) and by redesignating paragraph 

(5) as paragraph (4). 

(3) REDUCTION OF QUALIFIED BUSINESS INCOME WITH

RESPECT TO INCOME RECEIVED FROM COOPERATIVES.—Section 

199A(b) of such Code is amended by adding at the end the 

following new paragraph: 

‘‘(7) SPECIAL RULE WITH RESPECT TO INCOME RECEIVED FROM

COOPERATIVES.—In the case of any qualified trade or business 

of a patron of a specified agricultural or horticultural cooperative, the amount determined under paragraph (2) with respect 

to such trade or business shall be reduced by the lesser of— 

‘‘(A) 9 percent of so much of the qualified business 

income with respect to such trade or business as is properly 

allocable to qualified payments received from such cooperative, or 

‘‘(B) 50 percent of so much of the W-2 wages with 

respect to such trade or business as are so allocable.’’. 

(c) APPLICATION OF SECTION 199 TO CERTAIN QUALIFIED PAYMENTS PAID AFTER 2017.—Subsection (c) of section 13305 of Public 

Law 115–97 is amended to read as follows: 

‘‘(c) EFFECTIVE DATES.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the amendments made by this section shall apply to taxable 

years beginning after December 31, 2017. 

‘‘(2) TRANSITION RULE FOR QUALIFIED PAYMENTS OF PATRONS

OF COOPERATIVES.— 

‘‘(A) IN GENERAL.—The amendments made by this section shall not apply to a qualified payment received by 

a taxpayer from a specified agricultural or horticultural 

cooperative in a taxable year of the taxpayer beginning 

after December 31, 2017, which is attributable to qualified 

production activities income with respect to which a deduction is allowable to the cooperative under section 199 of 

the Internal Revenue Code of 1986 (as in effect before 

the amendments made by this section) for a taxable year 

of the cooperative beginning before January 1, 2018. Any 

term used in this subparagraph which is also used in 

section 199 of such Code (as so in effect) shall have the 

same meaning as when used in such section. 

‘‘(B) COORDINATION WITH SECTION 199A.—No deduction 

shall be allowed under section 199A of such Code for any 

qualified payment to which subparagraph (A) applies.’’. 

26 USC 74 note. 

26 USC 199A. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1157 

(d) EFFECTIVE DATE.— (1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall take effect 

as if included in section 11011 of Public Law 115–97. 

(2) APPLICATION OF SECTION 199 TO CERTAIN QUALIFIED

PAYMENTS PAID AFTER 2017.—The amendment made by subsection (c) shall take effect as if included in section 13305 

of Public Law 115–97. 

SEC. 102. INCREASE IN STATE HOUSING CREDIT CEILING FOR , 2019, 

2020, 2021. 

(a) IN GENERAL.—Section 42(h)(3)(I) of the Internal Revenue 

Code of 1986 is amended to read as follows: 

‘‘(I) INCREASE IN STATE HOUSING CREDIT CEILING FOR

2018, 2019, 2020, AND 2021.—In the case of calendar years 

2018, 2019, 2020, and 2021, each of the dollar amounts 

in effect under clauses (I) and (II) of subparagraph (C)(ii) 

for any calendar year (after any increase under subparagraph (H)) shall be increased by multiplying such dollar 

amount by 1.125.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to calendar years beginning after December 31, 2017. 

SEC. 103. AVERAGE INCOME TEST FOR LOW-INCOME HOUSING CREDIT. 

(a) IN GENERAL.—Paragraph (1) of section 42(g) of the Internal 

Revenue Code of 1986 is amended— 

(1) by striking ‘‘subparagraph (A) or (B)’’ and inserting 

‘‘subparagraph (A), (B), or (C)’’, and 

(2) by inserting after subparagraph (B) the following new 

subparagraph: 

‘‘(C) AVERAGE INCOME TEST.— ‘‘(i) IN GENERAL.—The project meets the minimum 

requirements of this subparagraph if 40 percent or 

more (25 percent or more in the case of a project 

described in section 142(d)(6)) of the residential units 

in such project are both rent-restricted and occupied 

by individuals whose income does not exceed the 

imputed income limitation designated by the taxpayer 

with respect to the respective unit. 

‘‘(ii) SPECIAL RULES RELATING TO INCOME LIMITA- TION.—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)’’, 

26 USC 42 note. 

26 USC 42. 

26 USC 62 note. 


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132 STAT. 1158 PUBLIC LAW 115–141—MAR. 23, 2018 

(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 PER- CENT 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 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1159 

to continue to meet the requirements of paragraph 

(1)(C)(ii)(II), in the case of any other unit.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to elections made under section 42(g)(1) of the Internal 

Revenue Code of 1986 after the date of the enactment of this 

Act. 

DIVISION U—TAX TECHNICAL 

CORRECTIONS 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Tax Technical Corrections Act of 2018’’. 

(b) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.—Except 

as otherwise expressly provided, whenever in this division an 

amendment or repeal is expressed in terms of an amendment to, 

or repeal of, a section or other provision, the reference shall be 

considered to be made to a section or other provision of the Internal 

Revenue Code of 1986. 

(c) TABLE OF CONTENTS.—The table of contents for this division 

is as follows: 

Sec. 1. Short title; table of contents; etc. 

TITLE I—TAX TECHNICAL CORRECTIONS 

Sec. 101. Amendments relating to Protecting Americans from Tax Hikes Act of 

2015. 

Sec. 102. Amendment relating to Consolidated Appropriations Act, 2016. 

Sec. 103. Amendments relating to Fixing America’s Surface Transportation Act. 

Sec. 104. Amendments relating to Surface Transportation and Veterans Health 

Care Choice Improvement Act of 2015. 

Sec. 105. Amendments relating to Stephen Beck, Jr., ABLE Act of 2014. 

Sec. 106. Amendment relating to American Taxpayer Relief Act of 2012. 

Sec. 107. Amendment relating to United States-Korea Free Trade Agreement Implementation Act. 

Sec. 108. Amendment relating to SAFETEA–LU. 

Sec. 109. Amendments relating to the American Jobs Creation Act of 2004. 

TITLE II—TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT 

RULES 

Sec. 201. Scope of adjustments subject to partnership audit rules. 

Sec. 202. Determination of imputed underpayments. 

Sec. 203. Alternative procedure to filing amended returns for purposes of modifying 

imputed underpayment. 

Sec. 204. Treatment of passthrough partners in tiered structures. 

Sec. 205. Treatment of failure of partnership to pay imputed underpayment. 

Sec. 206. Other technical corrections related to partnership audit rules. 

Sec. 207. Effective date. 

TITLE III—OTHER CORRECTIONS 

Sec. 301. Amendments relating to the Bipartisan Budget Act of 2015. 

Sec. 302. Amendments relating to the Energy Policy Act of 2005. 

TITLE IV—CLERICAL CORRECTIONS AND DEADWOOD 

Sec. 401. Clerical corrections and deadwood-related provisions. 

26 USC 1 note. 

Tax Technical 

Corrections Act 

of 2018. 

26 USC 42 note. 


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132 STAT. 1160 PUBLIC LAW 115–141—MAR. 23, 2018 

TITLE I—TAX TECHNICAL 

CORRECTIONS 

SEC. 101. AMENDMENTS RELATING TO PROTECTING AMERICANS FROM 

TAX HIKES ACT OF 2015. 

(a) AMENDMENT RELATING TO SECTION 103.— 

(1) Section 32(b)(2) is amended— 

(A) by striking clauses (ii) and (iii) of subparagraph 

(B), and 

(B) by striking so much of subparagraph (B) as precedes ‘‘In the case of a joint return’’ and inserting the 

following: 

‘‘(B) JOINT RETURNS.—’’. 

(2) Section 32(j)(1) is amended— 

(A) in the matter preceding subparagraph (A) by 

striking ‘‘after 1996’’ and inserting ‘‘after 2015’’, 

(B) in subparagraph (B) by inserting ‘‘by substituting 

in subparagraph (A)(ii) thereof’’ after ‘‘, determined’’ , 

(C) in subparagraph (B)(i) by striking ‘‘by substituting’’ 

and ‘‘in subparagraph (A)(ii) thereof’’, 

(D) in subparagraph (B)(ii)— 

(i) by striking ‘‘by substituting’’ and ‘‘in subparagraph (A)(ii) of such section 1’’, (ii) by striking ‘‘$3,000’’ and inserting ‘‘$5,000’’, 

(iii) by striking ‘‘(b)(2)(B)(iii)’’ and inserting 

‘‘(b)(2)(B)’’, and 

(iv) by striking ‘‘2007’’ and inserting ‘‘2008’’. 

(b) AMENDMENT RELATING TO SECTION 105.—Section 

132(f)(6)(A) is amended by striking the second sentence. 

(c) AMENDMENTS RELATING TO SECTION 121.—Section 41(c) is 

amended— 

(1) by striking paragraph (4), 

(2) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively, and 

(3) by striking the last sentence of paragraph (4)(C) (as 

so redesignated). 

(d) AMENDMENTS RELATING TO SECTION 143.— 

(1) Section 168(k)(2)(B)(i)(III) is amended by inserting 

‘‘binding’’ before ‘‘contract’’. 

(2) Section 168(k)(5)(B)(ii) is amended— 

(A) by inserting ‘‘crop or’’ after ‘‘more than one’’, and 

(B) by inserting ‘‘a marketable crop or yield of’’ after 

‘‘begins bearing’’. 

(3) For purposes of applying section 168(k) of the Internal 

Revenue Code of 1986, as in effect on the day before the 

date of the enactment of Public Law 115-97, with respect to 

property acquired before September 28, 2017, paragraph (6) 

thereof shall be treated as reading as follows (and as having 

been included in section 143 of the Protecting Americans from 

Tax Hikes Act of 2015): 

‘‘(6) PHASE-DOWN.—In the case of qualified property placed 

in service by the taxpayer after December 31, 2017 (December 

31, 2018, in the case of property described in subparagraph 

(B) or (C) of paragraph (2)), paragraph (1)(A) shall be applied 

by substituting for ‘50 percent’— 

‘‘(A) ‘40 percent’ in the case of— 

26 USC 168 note. 

26 USC 32. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) Section 168(k)(7) of the Internal Revenue Code of 1986, 

as in effect on the day before the date of the enactment of 

Public Law 115-97, shall be applied— 

(A) by substituting ‘‘paragraphs (1), (2)(F), and (4)’’ 

for ‘‘paragraphs (1) and (2)(F)’’, and 

(B) as if the application of such substitution had been 

included in section 143 of the Protecting Americans from 

Tax Hikes Act of 2015. 

(e) AMENDMENTS RELATING TO SECTION 167.— 

(1) Section 168(j)(3) is amended by striking ‘‘property to 

which paragraph (1) applies’’ and inserting ‘‘qualified Indian 

reservation property’’. 

(2) Section 168(j)(8) is amended by striking ‘‘this subsection’’ and inserting ‘‘paragraph (1)’’. 

(f) AMENDMENTS RELATING TO SECTION 202.— 

(1) Section 6722(c)(3)(A) is amended— 

(A) by striking ‘‘any information return’’ in clause (iii) 

and inserting ‘‘the payee statement’’, and 

(B) by striking ‘‘filed’’ in the flush matter at the end 

and inserting ‘‘furnished’’. 

(2) Section 6721(c)(3)(A) is amended by striking ‘‘any 

information return’’ and inserting ‘‘the information return’’. 

(3) Section 202(e) of the Protecting Americans from Tax 

Hikes Act of 2015 is amended by striking ‘‘provided’’ and 

inserting ‘‘furnished’’. 

(g) AMENDMENTS RELATING TO SECTION 203.— 

(1) Section 6109(i)(1)(A)(i) is amended by striking ‘‘community-based certified acceptance agent’’ and inserting ‘‘community-based certifying acceptance agent’’. 

(2) Section 6109(i)(1)(B) is amended by striking ‘‘Internal 

Revenue Service’’ and inserting ‘‘Internal Revenue Service, a 

community-based certifying acceptance agent approved by the 

Secretary,’’. 

(3) Section 6109(i)(3) is amended— 

(A) in subparagraph (A)— 

(i) by inserting ‘‘ending after the issuance of such 

number’’ before the period at the end of the first sentence, and 

(ii) by striking ‘‘on the last day of such third 

consecutive taxable year’’ and inserting ‘‘on the day 

after the due date for the return of tax for such third 

consecutive taxable year’’, and 

(B) by striking subparagraph (B)(ii) and inserting the 

following: 

26 USC 6045 

note. 

26 USC 168. 

26 USC 168 note. 


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132 STAT. 1162 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(ii) if the individual does not file a return of 

tax (or is not included as a dependent on the return 

of tax of another taxpayer) for 3 consecutive taxable 

years at least one of which ends after December 18, 

2015, the due date for the return of tax for such third 

consecutive taxable year.’’. 

(4) Section 203(c) of the Protecting Americans from Tax 

Hikes Act of 2015 is amended— 

(A) by striking ‘‘section 6109(i)(1)(A)(i)’’ and inserting 

‘‘section 6109(i)(1)’’, 

(B) by striking ‘‘community-based certified acceptance 

agents’’ and inserting ‘‘community-based certifying acceptance agents’’, and 

(C) by striking ‘‘CERTIFIED’’ in the heading thereof and 

inserting ‘‘CERTIFYING’’. 

(5) Section 203(f) of the Protecting Americans from Tax 

Hikes Act of 2015 is amended by striking ‘‘The amendments’’ 

and inserting ‘‘Except to the extent provided in section 

6109(i)(3) of the Internal Revenue Code of 1986, the amendments’’. 

(h) AMENDMENTS RELATING TO SECTION 204.—Section 204(b) 

of the Protecting Americans from Tax Hikes Act of 2015 is 

amended— 

(1) by striking paragraph (2), and 

(2) by striking so much as precedes ‘‘amendment made 

by this section’’ and inserting the following: ‘‘(b) EFFECTIVE

DATE.—The’’. 

(i) AMENDMENTS RELATING TO SECTION 205.— 

(1) Section 24(e)(2) is amended by striking ‘‘identifying 

number’’ and inserting ‘‘taxpayer identification number’’. 

(2) Section 205(c) of the Protecting Americans from Tax 

Hikes Act of 2015 is amended— 

(A) by striking paragraph (2), and 

(B) by striking so much as precedes ‘‘shall apply to 

any return of tax’’ and inserting the following: ‘‘(c) EFFECTIVE DATE.—The amendments made by this section’’. 

(j) AMENDMENTS RELATING TO SECTION 206.—Section 206(b) 

of the Protecting Americans from Tax Hikes Act of 2015 is 

amended— 

(1) by striking ‘‘Except as provided in paragraph (2), the 

amendment’’ in paragraph (1) and inserting ‘‘The amendment’’, 

and 

(2) by striking paragraph (2) and redesignating paragraph 

(3) as paragraph (2). 

(k) AMENDMENT RELATING TO SECTION 209.—Section 209(d)(2) 

of the Protecting Americans from Tax Hikes Act of 2015 is amended 

by striking ‘‘amendment made by subsection (b)’’ and inserting 

‘‘amendments made by subsections (b) and (c)’’. 

(l) AMENDMENTS RELATED TO SECTIONS 102, 206, 207, 208, 

AND 211.— 

(1) Section 25A(b)(1) is amended— 

(A) in subparagraph (A) by striking ‘‘$1,000’’ and 

inserting ‘‘$2,000’’, and 

(B) in subparagraph (B)— 

(i) by striking ‘‘50 percent’’ and inserting ‘‘25 percent’’, 

26 USC 6676 

note. 

26 USC 25A note. 

26 USC 24 note. 

26 USC 24. 

26 USC 32 note. 

26 USC 6109 

note. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
PUBLIC LAW 115–141—MAR. 23, 2018 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) 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— 

26 USC 25A. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1164 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(i) the taxpayer’s modified adjusted gross income 

for such taxable year, over ‘‘(ii) $40,000 ($80,000 in the case of a joint return), 

bears to 

‘‘(B) $10,000 ($20,000 in the case of a joint return). 

‘‘(3) MODIFIED ADJUSTED GROSS INCOME.—For purposes of 

this subsection, the term ‘modified adjusted gross income’ 

means the adjusted gross income of the taxpayer for the taxable 

year increased by any amount excluded from gross income 

under section 911, 931, or 933.’’. 

(5) Section 25A(f)(1) is amended by adding at the end 

the following new subparagraph: 

‘‘(D) REQUIRED COURSE MATERIALS TAKEN INTO

ACCOUNT FOR AMERICAN OPPORTUNITY TAX CREDIT.—For 

purposes of determining the American Opportunity Tax 

Credit, subparagraph (A) shall be applied by substituting 

‘tuition, fees, and course materials’ for ‘tuition and fees’.’’. 

(6) Section 25A(g)(1) is amended— 

(A) by striking ‘‘No credit’’ and inserting the following: 

‘‘(A) IN GENERAL.—No credit’’, and 

(B) by adding at the end the following new subparagraph: 

‘‘(B) ADDITIONAL IDENTIFICATION REQUIREMENTS WITH

RESPECT TO AMERICAN OPPORTUNITY TAX CREDIT.— 

‘‘(i) STUDENT.—The requirements of subparagraph 

(A) shall not be treated as met with respect to the 

American Opportunity Tax Credit unless the individual’s taxpayer identification number was issued on 

or before the due date for filing the return of tax 

for the taxable year. 

‘‘(ii) TAXPAYER.—No American Opportunity Tax 

Credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued 

after the due date for filing the return for the taxable 

year. 

‘‘(iii) INSTITUTION.—No American Opportunity Tax 

Credit shall be allowed under this section unless the 

taxpayer includes the employer identification number 

of any institution to which qualified tuition and related 

expenses were paid with respect to the individual.’’. 

(7) Section 25A(h) is amended to read as follows: 

‘‘(h) INFLATION ADJUSTMENT.— 

‘‘(1) IN GENERAL.—In the case of a taxable year beginning 

after 2001, the $40,000 and $80,000 amounts in subsection 

(d)(2) shall each be increased by an amount equal to— 

‘‘(A) such dollar amount, multiplied by 

‘‘(B) the cost-of-living adjustment determined under 

section 1(f)(3) for the calendar year in which the taxable 

year begins, determined by substituting ‘calendar year 

2000’ for ‘calendar year 2016’ in subparagraph (A)(ii) 

thereof. 

‘‘(2) ROUNDING.—If any amount as adjusted under paragraph (1) is not a multiple of $1,000, such amount shall be 

rounded to the next lowest multiple of $1,000.’’. 

(8) Section 25A(i) is amended to read as follows: 

‘‘(i) PORTION OF AMERICAN OPPORTUNITY TAX CREDIT MADE

REFUNDABLE.—Forty percent of so much of the credit allowed under 

26 USC 25A. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
PUBLIC LAW 115–141—MAR. 23, 2018 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 is amended by striking ‘‘hope’’ and inserting ‘‘american opportunity’’. 

(10) The item relating to section 25A in the table of contents 

for subpart A of part IV of subchapter A of chapter 1 is 

amended to read as follows: 

‘‘Sec. 25A. American Opportunity and Lifetime Learning credits.’’. 

(11) The heading of section 25A(b) is amended by striking 

‘‘HOPE SCHOLARSHIP CREDIT’’ and inserting ‘‘AMERICAN OPPORTUNITY TAX CREDIT’’. 

(12) The heading of section 25A(b)(2) is amended by striking 

‘‘HOPE SCHOLARSHIP CREDIT’’ and inserting ‘‘AMERICAN OPPORTUNITY TAX CREDIT’’. 

(13) The heading of section 25A(c)(2)(A) is amended by 

striking ‘‘HOPE SCHOLARSHIP’’ and inserting ‘‘AMERICAN OPPORTUNITY TAX CREDIT’’. 

(14) Section 25A, as amended by the preceding provisions 

of this Act, is amended by striking ‘‘Hope Scholarship Credit’’ 

each place it appears in the text and inserting ‘‘American 

Opportunity Tax Credit’’. 

(15) The heading of section 529(c)(3)(B)(v) is amended by 

striking ‘‘HOPE’’ and inserting ‘‘AMERICAN OPPORTUNITY’’. 

(16) The heading of section 530(d)(2)(C) is amended by 

striking ‘‘HOPE’’ and inserting ‘‘AMERICAN OPPORTUNITY’’. 

(17) Section 6211(b)(4)(A), as amended by this Act, is 

amended by striking ‘‘subsection (i)(5)’’ and inserting ‘‘subsection (i)’’. 

(18) Section 6213(g)(2)(Q) is amended to read as follows: 

‘‘(Q) an omission of information required by section 

25A(b)(4)(B) or an entry on the return claiming the American Opportunity Tax Credit for a taxable year for which 

such credit is disallowed under section 25A(b)(4)(A).’’. 

(19) Section 207(b)(1) of the Protecting Americans from 

Tax Hikes Act of 2015 is amended by striking ‘‘the American 

opportunity tax credit under section 25A(i) of such Code’’ and 

inserting ‘‘the American Opportunity Tax Credit under section 

25A of such Code’’. 

(m) AMENDMENT RELATING TO SECTION 311.— 

(1) The last sentence of section 355(h)(2)(B) is amended 

by striking ‘‘80 percent’’ both places it appears and inserting 

‘‘at least 80 percent’’. 

(2) Section 355(h)(2) is amended— 

(A) by striking ‘‘SPINOFFS’’ in the heading of such paragraph and inserting ‘‘DISTRIBUTIONS’’, and 

(B) by striking ‘‘SPINOFFS’’ in the headings of subparagraphs (A) and (B) and inserting ‘‘DISTRIBUTIONS’’. 

(n) AMENDMENT RELATING TO SECTION 318.— 

(1) Section 856(c)(9)(A) is amended— 

(A) by striking ‘‘Personal property’’ and inserting the 

following: 

129 Stat. 3082. 

26 USC 21 prec. 

26 USC 25A. 


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132 STAT. 1166 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(i) IN GENERAL.—Personal property’’, and 

(B) by adding at the end the following new clause: 

‘‘(ii) TREATMENT OF GAIN ON DISPOSITION.—If— 

‘‘(I) personal property is leased under, or in 

connection with, a lease of real property, for a 

period of not less than 1 year, and rents attributable to such personal property are treated as 

rents from real property under subsection (d)(1)(C), 

‘‘(II) any portion of such personal property and 

any portion of such real property are sold, or otherwise disposed of, in a single disposition (or contemporaneously in separate dispositions), and 

‘‘(III) the fair market value of the personal 

property so sold or contemporaneously disposed 

of (determined at the time of disposition) does 

not exceed 15 percent of the total fair market 

value of all of the personal and real property so 

sold or contemporaneously disposed of (determined 

at the time of disposition), 

any gain from such dispositions shall be treated for 

purposes of paragraphs (2)(H) and (3)(H) as gain from 

the disposition of a real estate asset.’’. 

(2) Section 856(c)(9)(B) is amended to read as follows: 

‘‘(B) CERTAIN PERSONAL PROPERTY MORTGAGED IN

CONNECTION WITH REAL PROPERTY.— 

‘‘(i) IN GENERAL.—In the case of an obligation 

secured by a mortgage on both real property and personal property, if the fair market value of such personal 

property does not exceed 15 percent of the total fair 

market value of all such property, such obligation shall 

be treated— 

‘‘(I) for purposes of paragraph (3)(B), as an 

obligation described therein, 

‘‘(II) for purposes of paragraph (4)(A), as a 

real estate asset, and 

‘‘(III) for purposes of paragraphs (2)(D) and 

(3)(C), as a mortgage on real property. 

‘‘(ii) DETERMINATION OF FAIR MARKET VALUE.— 

‘‘(I) IN GENERAL.—Except as provided in subclause (II), the fair market value of all such property shall be determined for purposes of clause 

(i) in the same manner as the fair market value 

of real property is determined for purposes of 

apportioning interest income between real property 

and personal property under paragraph (3)(B). 

‘‘(II) GAIN ON DISPOSITION.—For purposes of 

applying clause (i)(III), fair market value shall 

be determined at the time of sale or other disposition.’’. 

(o) AMENDMENT RELATED TO SECTION 302(b).—Section 

529A(c)(1) is amended by striking subparagraph (D). 

(p) AMENDMENTS RELATING TO SECTION 322.— 

(1) Section 897(k)(2) is amended— 

(A) by striking so much of subparagraph (B) as precedes ‘‘amounts realized by the qualified shareholder’’ and 

inserting the following: 

26 USC 856. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) is amended by striking ‘‘paragraph’’ 

and inserting ‘‘subsection’’. 

(3) Section 897(k)(2)(E) is amended by striking ‘‘and (C) 

and paragraph (4)’’ and inserting ‘‘and (D)’’. 

(4) Section 897(k)(3)(B)(i) is amended by striking so much 

as precedes ‘‘for a reduced rate of withholding’’ and inserting 

the following: 

‘‘(i) which— 

‘‘(I) is eligible for benefits under the comprehensive income tax treaty described in subparagraph (A)(i)(I), but only if the dividends article 

of such treaty imposes conditions on the benefits 

allowable in the case of dividends paid by a real 

estate investment trust, and 

‘‘(II) is eligible under such treaty’’. 

(5) Section 897(k)(3)(B)(ii) is amended— 

(A) by adding ‘‘and’’ at the end of subclause (II), and 

(B) by striking ‘‘United States corporation’’ in subclause 

(III) and inserting ‘‘domestic corporation’’. 

(6) Section 322 of the Protecting Americans from Tax Hikes 

Act of 2015 is amended by striking subsections (b)(2) and (c)(3), 

and the Internal Revenue Code of 1986 shall be applied as 

if such subsections, and amendments made thereby, had never 

been enacted. 

(7) Section 322(c)(2) of such Act is amended by striking 

‘‘take effect on’’ and inserting the following: ‘‘apply with respect 

to testing periods (as defined in section 897(h)(4)(D) of the 

Internal Revenue Code of 1986) ending on or after’’. 

(q) AMENDMENTS RELATED TO SECTION 323.— 

(1) So much of subsection (l) of section 897 as precedes 

paragraph (2) thereof is amended to read as follows: 

‘‘(l) EXCEPTION FOR QUALIFIED FOREIGN PENSION FUNDS.— 

‘‘(1) IN GENERAL.—For purposes of this section, a qualified 

foreign pension fund shall not be treated as a nonresident 

alien individual or a foreign corporation. For purposes of the 

preceding sentence, an entity all the interests of which are 

held by a qualified foreign pension fund shall be treated as 

such a fund.’’. 

(2) Subparagraph (B) of section 897(l)(2) is amended to 

read as follows: 

‘‘(B) which is established— 

‘‘(i) by such country (or one or more political subdivisions thereof) to provide retirement or pension 

26 USC 897 note. 

26 USC 897. 


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132 STAT. 1168 PUBLIC LAW 115–141—MAR. 23, 2018 

benefits to participants or beneficiaries that are current 

or former employees (including self-employed individuals) or persons designated by such employees, as a 

result of services rendered by such employees to their 

employers, or 

‘‘(ii) by one or more employers to provide retirement or pension benefits to participants or beneficiaries that are current or former employees 

(including self-employed individuals) or persons designated by such employees in consideration for services 

rendered by such employees to such employers,’’. 

(3) Section 897(l)(2)(D) is amended by striking ‘‘provides 

annual information reporting about its beneficiaries to the relevant tax authorities’’ and inserting ‘‘with respect to which 

annual information about its beneficiaries is provided, or is 

otherwise available, to the relevant tax authorities’’. 

(4) Section 897(l)(2)(E) is amended— 

(A) by striking ‘‘such entity’’ in clause (i) and inserting 

‘‘such entity or arrangement’’, and 

(B) by striking ‘‘or such income is taxed at a reduced 

rate’’ in clause (ii) and inserting ‘‘, or such income is 

excluded from the gross income of such entity or arrangement or is taxed at a reduced rate’’. 

(r) AMENDMENTS RELATING TO SECTION 333.— 

(1) Section 831(b)(2)(B)(i)(II) is amended by striking ‘‘specified assets’’ and inserting ‘‘relevant specified assets’’ 

(2) Section 831(b)(2)(B) is amended by redesignating clause 

(ii) as clause (iv) and by inserting after clause (i) the following 

new clauses: 

‘‘(ii) AGGREGATION OF CERTAIN SPOUSAL

INTERESTS.—For purposes of clause (i)(II), any interest 

in the insurance company referred to in such clause 

which is held (directly or indirectly) by an individual 

who is a spouse of the specified holder, and who is 

a citizen of the United States, shall be treated as 

held by the specified holder. 

‘‘(iii) SPECIFIED HOLDER.—For purposes of this 

subparagraph, the term ‘specified holder’ means, with 

respect to any insurance company, any individual who 

holds (directly or indirectly) an interest in such insurance company and who— 

‘‘(I) is a lineal descendent (including by adoption) of an individual who holds an interest 

(directly or indirectly) in the specified assets with 

respect to such insurance company or of such 

individual’s spouse, 

‘‘(II) is a spouse of any lineal descendent 

described in subclause (I), or 

‘‘(III) is not a citizen of the United States 

and is a spouse of an individual who holds an 

interest (directly or indirectly) in the specified 

assets with respect to such insurance company.’’. 

(3) Section 831(b)(2)(B)(iv), as redesignated by paragraph 

(2), is amended— 

(A) by striking ‘‘clause (i)(II)’’ in the matter preceding 

subclause (I) and inserting ‘‘this subparagraph’’, and 

(B) by amending subclause (I) to read as follows: 

26 USC 897. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: 

‘‘(D) LOOK-THROUGH OF REINSURANCE AND FRONTING

ARRANGEMENTS.—In the case of reinsurance or any 

fronting, intermediary, or similar arrangement, the term 

‘policyholder’ means each policyholder of the underlying 

direct written insurance with respect to such reinsurance 

or arrangement.’’. 

(s) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the provision of the Protecting 

Americans from Tax Hikes Act of 2015 to which they relate. 

SEC. 102. AMENDMENT RELATING TO CONSOLIDATED APPROPRIATIONS ACT, 2016. 

(a) AMENDMENT RELATING TO SECTION 305 OF DIVISION P.— 

For purposes of applying section 199(c)(3)(C)(i) of the Internal Revenue Code of 1986 (as in effect before its repeal by Public Law 

115-97) to taxable years beginning after December 31, 2015, and 

before January 1, 2018, such section shall be applied— 

(1) by inserting ‘‘who elects the application of this clause 

for any taxable year,’’ after ‘‘In the case of any taxpayer’’, 

(2) by substituting ‘‘, and who’’ for ‘‘and who’’, 

(3) by substituting ‘‘such taxable year’’ for ‘‘the taxable 

year’’, and 

(4) by substituting ‘‘(as defined in subsection (d)(9)(B))’’ 

for ‘‘under subsection (d)(9)(B)’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect as if included in section 305 of division P of 

the Consolidated Appropriations Act, 2016. 

SEC. 103. AMENDMENTS RELATING TO FIXING AMERICA’S SURFACE 

TRANSPORTATION ACT. 

(a) AMENDMENTS RELATING TO SECTION 32101.— 

(1) Section 7345(e)(1) is amended— 

(A) by striking ‘‘or the Tax Court’’ and inserting ‘‘, 

or against the Commissioner in the Tax Court,’’, and 

(B) by adding at the end the following: ‘‘For purposes 

of the preceding sentence, the court first acquiring jurisdiction over such an action shall have sole jurisdiction.’’. 

26 USC 199 note. 

26 USC 24 note. 

26 USC 831. 


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132 STAT. 1170 PUBLIC LAW 115–141—MAR. 23, 2018 

(2) Section 7345(f) is amended by striking ‘‘subsection (a)’’ 

and inserting ‘‘subsection (b)(1)(B)’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in section 32101 of the Fixing 

America’s Surface Transportation Act. 

SEC. 104. AMENDMENTS RELATING TO SURFACE TRANSPORTATION 

AND VETERANS HEALTH CARE CHOICE IMPROVEMENT 

ACT OF 2015. 

(a) AMENDMENT RELATING TO SECTION 2004.—Section 6662(k) 

is amended to read as follows: 

‘‘(k) INCONSISTENT ESTATE BASIS REPORTING.—For purposes of 

this section, the term ‘inconsistent estate basis’ means any portion 

of an underpayment attributable to the failure to comply with 

section 1014(f).’’. 

(b) AMENDMENTS RELATING TO SECTION 2008.—Section 

9503(e)(2) is amended— 

(1) by striking ‘‘per gallon’’ in subparagraph (C) and 

inserting ‘‘per energy equivalent of a gallon of diesel (as defined 

in section 4041(a)(2)(D))’’, and 

(2) by striking ‘‘per gallon’’ in subparagraph (D) and 

inserting ‘‘per energy equivalent of a gallon of gasoline (as 

defined in section 4041(a)(2)(C))’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the provision of the Surface 

Transportation and Veterans Health Care Choice Improvement Act 

of 2015 to which they relate. 

SEC. 105. AMENDMENTS RELATING TO STEPHEN BECK, JR., ABLE ACT 

OF 2014. 

(a) AMENDMENTS RELATING TO SECTION 208.—Section 208(h) 

of the Stephen Beck, Jr., ABLE Act of 2014 is amended— 

(1) by striking so much as precedes ‘‘made by this section’’ 

and inserting the following: 

‘‘(h) EFFECTIVE DATE.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the amendments’’, 

(2) by inserting ‘‘, and statements required to be furnished,’’ 

after ‘‘returns required to be filed’’, and 

(3) by adding at the end the following new paragraph: 

‘‘(2) SUBSECTION (c).—The amendment made by subsection 

(c) shall apply to returns or claims for refund filed after 

December 31, 2014.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in section 208 of the Stephen Beck, 

Jr., ABLE Act of 2014. 

SEC. 106. AMENDMENT RELATING TO AMERICAN TAXPAYER RELIEF 

ACT OF 2012. 

(a) AMENDMENT RELATING TO SECTION 104.—Section 

6211(b)(4)(A) is amended by striking ‘‘subsection (i)(6)’’ and inserting 

‘‘subsection (i)(5)’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect as if included in section 104 of the American 

Taxpayer Relief Act of 2012. 

26 USC 6211 

note. 

26 USC 6651 

note. 

26 USC 6651 

note. 

26 USC 6662 

note. 

26 USC 7345 

note. 

26 USC 7345. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 amended by striking ‘‘returns required to be filed’’ and 

inserting ‘‘documents prepared’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect as if included in section 501 of the United StatesKorea Free Trade Agreement Implementation Act. 

SEC. 108. AMENDMENT RELATING TO SAFETEA–LU. 

(a) AMENDMENT RELATING TO SECTION 11125.—Section 5681(b) 

is amended by striking ‘‘who has paid the special tax (or who 

is exempt from payment of such special tax by reason of the provisions of section 5113(a))’’ and inserting ‘‘who meets the requirements 

of section 5121(a) and section 5124 (or who is exempt from such 

requirements by reason of section 5121(b))’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect as if included in section 11125 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 

Users. 

SEC. 109. AMENDMENTS RELATING TO THE AMERICAN JOBS CREATION 

ACT OF 2004. 

(a) AMENDMENT RELATING TO SECTION 233.—Section 

1361(c)(2)(B)(vi) is amended by striking ‘‘a shareholder’’ and 

inserting ‘‘the shareholder’’. 

(b) AMENDMENT RELATING TO SECTION 319.—Section 

501(c)(12)(E) is amended by striking ‘‘means the Federal Energy 

Regulatory Commission’’ and all that follows and inserting: 

‘‘means— 

‘‘(i) the Federal Energy Regulatory Commission, 

or 

‘‘(ii) in the case of any utility with respect to which 

all of the electricity generated, transmitted, or distributed by such utility is generated, transmitted, distributed, and consumed in the same State, the State 

agency of such State with the authority to regulate 

electric utilities.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in section 319 of the American 

Jobs Creation Act of 2004. 

TITLE II—TECHNICAL CORRECTIONS 

RELATED TO PARTNERSHIP AUDIT 

RULES 

SEC. 201. SCOPE OF ADJUSTMENTS SUBJECT TO PARTNERSHIP AUDIT 

RULES. 

(a) IN GENERAL.—Section 6241(2) is amended to read as follows: 

‘‘(2) PARTNERSHIP ADJUSTMENT.— 

‘‘(A) IN GENERAL.—The term ‘partnership adjustment’ 

means any adjustment to a partnership-related item. 

‘‘(B) PARTNERSHIP-RELATED ITEM.—The term ‘partnership-related item’ means— 

26 USC 501 note. 

26 USC 5681 

note. 

26 USC 5681. 

19 USC 3805 

note. 

19 USC 3805 

note. 


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132 STAT. 1172 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(i) any item or amount with respect to the partnership (without regard to whether or not such item or 

amount appears on the partnership’s return and 

including an imputed underpayment and any item or 

amount relating to any transaction with, basis in, or 

liability of, the partnership) which is relevant (determined without regard to this subchapter) in determining the tax liability of any person under chapter 

1, and 

‘‘(ii) any partner’s distributive share of any item 

or amount described in clause (i).’’. 

(b) COORDINATION WITH OTHER CHAPTERS.— (1) IN GENERAL.—Section 6241 is amended by adding at 

the end the following new paragraph: 

‘‘(9) COORDINATION WITH OTHER CHAPTERS.— ‘‘(A) IN GENERAL.—This subchapter shall not apply with 

respect to any tax imposed (including any amount required 

to be deducted or withheld) under chapter 2, 2A, 3, or 

4, except that any partnership adjustment determined 

under this subchapter for purposes of chapter 1 shall be 

taken into account for purposes of determining any such 

tax to the extent that such adjustment is relevant to such 

determination. 

‘‘(B) TIMING OF WITHHOLDING.—In the case of any tax 

imposed (including any amount required to be deducted 

or withheld) under chapter 3 or 4, which is determined 

with respect to an adjustment described in subparagraph 

(A), such tax— 

‘‘(i) shall be so determined with respect to the 

reviewed year, and 

‘‘(ii) shall be so imposed (or so required to be 

deducted or withheld) with respect to the adjustment 

year. 

‘‘(C) STATUTE OF LIMITATION ON ASSESSMENT.—For special rule with respect to limitation on assessment of taxes 

under chapter 2 or 2A which are attributable to any partnership adjustment, see section 6501(c)(12).’’. 

(2) SPECIAL RULE.—Section 6501(c) is amended by adding 

at the end the following new paragraph: 

‘‘(12) CERTAIN TAXES ATTRIBUTABLE TO PARTNERSHIP

ADJUSTMENTS.—In the case of any partnership adjustment 

determined under subchapter C of chapter 63, the period for 

assessment of any tax imposed under chapter 2 or 2A which 

is attributable to such adjustment shall not expire before the 

date that is 1 year after— 

‘‘(A) in the case of an adjustment pursuant to the 

decision of a court in a proceeding brought under section 

6234, such decision becomes final, or 

‘‘(B) in any other case, 90 days after the date on 

which the notice of the final partnership adjustment is 

mailed under section 6231.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) Section 6211(c) is amended to read as follows: 

‘‘(c) COORDINATION WITH SUBCHAPTER C.—In determining the 

amount of any deficiency for purposes of this subchapter, adjustments to partnership-related items shall be made only as provided 

in subchapter C.’’. 

26 USC 6241. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1173 

(2) Section 6221(a) is amended to read as follows: 

‘‘(a) IN GENERAL.—Any adjustment to a partnership-related 

item shall be determined, and any tax attributable thereto shall 

be assessed and collected, and the applicability of any penalty, 

addition to tax, or additional amount which relates to an adjustment 

to any such item shall be determined, at the partnership level, 

except to the extent otherwise provided in this subchapter.’’. 

(3) Section 6222(a) is amended to read as follows: 

‘‘(a) IN GENERAL.—A partner shall, on the partner’s return, 

treat any partnership-related item in a manner which is consistent 

with the treatment of such item on the partnership return.’’. 

(4) Section 6226(a)(2) is amended by striking ‘‘any adjustment to income, gain, loss, deduction, or credit’’ and inserting 

‘‘any adjustment to a partnership-related item’’. 

(5) Section 6227(a) is amended by striking ‘‘items of income, 

gain, loss, deduction, or credit of the partnership’’ and inserting 

‘‘partnership-related items’’. 

(6) Section 6231(a)(1) is amended by striking ‘‘any item 

of income, gain, loss, deduction, or credit of a partnership 

for a partnership taxable year’’ and inserting ‘‘any partnershiprelated 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 

26 USC 6221. 


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132 STAT. 1174 PUBLIC LAW 115–141—MAR. 23, 2018 

in part, against ordinary income) if such adjustment were 

taken into account by any person, 

such adjustment shall not be taken into account under paragraph (1)(A) except to the extent otherwise provided by the 

Secretary.’’. 

(b) MODIFICATIONS OF IMPUTED UNDERPAYMENTS.— 

(1) Section 6225(c)(3) is amended by striking ‘‘without 

regard to the portion thereof’’ and inserting ‘‘without regard 

to the portion of the adjustment’’. 

(2) Section 6225(c)(4)(A) is amended by striking ‘‘with 

respect to any portion of the imputed underpayment’’ and 

inserting ‘‘with respect to any portion of the adjustment’’. 

(3) Section 6225(c)(5)(A)(i) is amended by striking ‘‘without 

regard to the portion thereof’’ and inserting ‘‘without regard 

to the portion of the adjustment’’. 

(c) CONFORMING AMENDMENTS.— 

(1) Section 6225(a) is amended to read as follows: 

‘‘(a) IN GENERAL.—In the case of any adjustments by the Secretary to any partnership-related items with respect to any reviewed 

year of a partnership— 

‘‘(1) if such adjustments result in an imputed underpayment, the partnership shall pay an amount equal to such 

imputed underpayment in the adjustment year as provided 

in section 6232, and 

‘‘(2) if such adjustments do not result in an imputed underpayment, such adjustments shall be taken into account by 

the partnership in the adjustment year.’’. 

(2) Section 6225(c) is amended by adding at the end the 

following new paragraph: 

‘‘(9) MODIFICATION OF ADJUSTMENTS NOT RESULTING IN AN

IMPUTED UNDERPAYMENT.—The Secretary shall establish procedures under which the adjustments described in subsection 

(a)(2) may be modified in such manner as the Secretary determines appropriate.’’. 

SEC. 203. ALTERNATIVE PROCEDURE TO FILING AMENDED RETURNS 

FOR PURPOSES OF MODIFYING IMPUTED UNDERPAYMENT. 

(a) IN GENERAL.—Section 6225(c)(2) is amended to read as 

follows: 

‘‘(2) PROCEDURES FOR PARTNERS TO TAKE ADJUSTMENTS INTO

ACCOUNT.— 

‘‘(A) AMENDED RETURNS OF PARTNERS.—Such procedures shall provide that if— 

‘‘(i) one or more partners file returns for the taxable year of the partners which includes the end of 

the reviewed year of the partnership (and for any 

taxable year with respect to which any tax attribute 

is affected by reason of any adjustment referred to 

in clause (ii)), 

‘‘(ii) such returns take into account all adjustments 

under subsection (a) properly allocable to such partners 

(and the effect of such adjustments on any tax 

attributes), and 

‘‘(iii) payment of any tax due is included with 

such returns, 

26 USC 6225. 


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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 


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132 STAT. 1176 PUBLIC LAW 115–141—MAR. 23, 2018 

partnerships (including any information the Secretary may require with respect to any chain of 

ownership of the relevant partner), and 

‘‘(II) to such extent as the Secretary may 

require, each partnership in the chain of ownership 

between the relevant partner and the audited partnership satisfies the requirements of subparagraph 

(A) or (B). 

‘‘(ii) TREATMENT OF S CORPORATIONS.—For purposes of clause (i), an S corporation and its shareholders shall be treated in the same manner as a 

partnership and its partners.’’. 

(b) CONFORMING AMENDMENT.—Section 6201(a)(1) is amended 

by inserting ‘‘(or payments under section 6225(c)(2)(B)(i))’’ after 

‘‘returns or lists’’. 

SEC. 204. TREATMENT OF PASSTHROUGH PARTNERS IN TIERED 

STRUCTURES. 

(a) IN GENERAL.—Section 6226(b) is amended by adding at 

the end the following new paragraph: 

‘‘(4) TREATMENT OF PARTNERSHIPS AND S CORPORATIONS

IN TIERED STRUCTURES.— 

‘‘(A) IN GENERAL.—If a partner which receives a statement under subsection (a)(2) is a partnership or an S 

corporation, such partner shall, with respect to the partner’s share of the adjustment— 

‘‘(i) file with the Secretary a partnership adjustment tracking report which includes such information 

as the Secretary may require, and 

‘‘(ii)(I) furnish statements under rules similar to 

the rules of subsection (a)(2), or 

‘‘(II) if no such statements are furnished, compute 

and pay an imputed underpayment under rules similar 

to the rules of section 6225 (other than paragraphs 

(2), (7), and (9) of subsection (c) thereof). 

‘‘(B) DUE DATE.—For purposes of subparagraph (A), 

with respect to a partner’s share of the adjustment, the 

partnership adjustment tracking report shall be filed, and 

the imputed underpayment shall be paid or statements 

shall be furnished, not later than the due date for the 

return for the adjustment year of the audited partnership. 

‘‘(C) PARTNERSHIP PAYMENT OF TAX IF ELECTED OUT

OF SUBCHAPTER.—In the case of a partnership which has 

elected the application of section 6221(b) with respect to 

the taxable year of the partnership which includes the 

end of the reviewed year of the audited partnership, this 

paragraph shall apply notwithstanding such election. 

‘‘(D) AUDITED PARTNERSHIP.—For purposes of this paragraph, the term ‘audited partnership’ means, with respect 

to any partner described in subparagraph (A), the partnership in the chain of ownership originally electing the 

application of this section. 

‘‘(E) TREATMENT OF TRUSTS.—The Secretary shall prescribe such rules as may be necessary with respect to 

trusts which receive a statement under subsection (a)(2).’’. 

(b) CONFORMING AMENDMENTS.— 

26 USC 6201. 


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(1) Section 6226(b)(1) is amended by striking ‘‘Each partner’s’’ and inserting ‘‘Except as provided in paragraph (4), each 

partner’s’’. 

(2) Section 6226(c)(2) is amended by inserting ‘‘or which 

is described in subsection (b)(4)(A)(ii)(I),’’ after ‘‘is elected,’’. 

SEC. 205. TREATMENT OF FAILURE OF PARTNERSHIP TO PAY IMPUTED 

UNDERPAYMENT. 

(a) IN GENERAL.—Section 6232 is amended by adding at the 

end the following new subsection: 

‘‘(f) FAILURE TO PAY IMPUTED UNDERPAYMENT.— 

‘‘(1) IN GENERAL.—If any amount of any imputed underpayment to which section 6225 applies or any specified similar 

amount (or any interest or penalties with respect to any such 

amount) has not been paid by the date which is 10 days 

after the date on which the Secretary provides notice and 

demand for such payment— 

‘‘(A) section 6621(a)(2)(B) shall be applied by substituting ‘5 percentage points’ for ‘3 percentage points’ with 

respect to such amount, and 

‘‘(B) the Secretary may assess upon each partner of 

the partnership (determined as of the close of the adjustment year or, if the partnership has ceased to exist as 

of such time, the former partners of the partnership as 

determined for purposes of section 6241(7)) a tax equal 

to such partner’s proportionate share of such amount 

(including any such interest or penalties, determined after 

application of subparagraph (A)). 

‘‘(2) SPECIFIED SIMILAR AMOUNT.—For purposes of this subsection, the term ‘specified similar amount’ means— 

‘‘(A) the amount described in subclause (II) of section 

6226(b)(4)(A)(ii) (including any failure to satisfy the 

requirement of subclause (I) of such section which is treated 

as a failure to pay such amount under section 6651(i)), 

and 

‘‘(B) any amount assessed under paragraph (1)(B) upon 

a partner which is a partnership. 

‘‘(3) PROPORTIONATE SHARE.—For purposes of paragraph 

(1), a partner’s proportionate share is such percentage as the 

Secretary may determine on the basis of such partner’s distributive share. The Secretary shall make determinations under 

the preceding sentence such that the aggregate proportionate 

shares so determined total 100 percent. 

‘‘(4) COORDINATION WITH PARTNERSHIP LIABILITY.—The 

liability of the partnership for any amount with respect to 

which a partner is made liable under paragraph (1) shall be 

reduced upon payment by the partner of such amount. Paragraph (1)(B) shall not apply with respect to any amount after 

the date on which such amount is paid by the partnership. 

‘‘(5) S CORPORATIONS.—For purposes of this subsection, an 

S corporation and its shareholders shall be treated in the 

same manner as a partnership and its partners. 

‘‘(6) RULES RELATED TO ASSESSMENT AND COLLECTION— 

‘‘(A) DEFICIENCY PROCEDURES NOT APPLICABLE.—Subchapter B shall not apply to any assessment or collection 

under this paragraph. 

26 USC 6226. 


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‘‘(B) LIMITATION ON ASSESSMENT.—Except as otherwise 

provided in this subtitle, no assessment may be made (or 

proceeding in court begun without assessment) with respect 

to any partner with respect to an amount under paragraph 

(1) after the date which is 2 years after the date on which 

the Secretary provides the notice and demand referred 

to in paragraph (1) with respect to such amount.’’. 

(b) CONFORMING AMENDMENT.—Section 6501(c)(4)(A) is 

amended by striking ‘‘in this section’’. 

SEC. 206. OTHER TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES. 

(a) LIMITATION ON AMENDMENT OF STATEMENTS FURNISHED

TO PARTNERS NOT APPLICABLE TO PARTNERSHIPS ELECTING OUT

OF PARTNERSHIP AUDIT RULES.—Section 6031(b) is amended by 

striking the last sentence and inserting the following: ‘‘Information 

required to be furnished by the partnership under this subsection 

may not be amended after the due date of the return under subsection (a) to which such information relates, except— 

‘‘(1) in the case of a partnership which has elected the 

application of section 6221(b) for the taxable year, 

‘‘(2) as provided in the procedures under section 6225(c), 

‘‘(3) with respect to statements under section 6226, or 

‘‘(4) as otherwise provided by the Secretary.’’. 

(b) ADMINISTRATIVE ADJUSTMENT REQUEST AND PARTNERSHIP

ADJUSTMENT TRACKING REPORT NOT TREATED AS AMENDED RETURN

FOR PURPOSES OF MODIFICATION OF IMPUTED UNDERPAYMENTS.— 

Section 6225(c)(2), as amended by the preceding provisions of this 

Act, is amended by adding at the end the following new subparagraph: 

‘‘(F) ADJUSTMENTS NOT TREATED AS AMENDED

RETURN.—An administrative adjustment request under section 6227 and a partnership adjustment tracking report 

under section 6226(b)(4)(A) shall not be treated as a return 

for purposes of this paragraph.’’. 

(c) AUTHORITY TO REQUIRE E-FILING OF MATERIALS IN CONNECTION WITH MODIFICATION OF IMPUTED UNDERPAYMENTS, ETC.—Section 6241, as amended by the preceding provisions of this Act, 

is amended by adding at the end the following new paragraph: 

‘‘(10) AUTHORITY TO REQUIRE ELECTRONIC FILING.—Notwithstanding section 6011(e), the Secretary may require that anything required to be filed or submitted under section 6225(c), 

or to be furnished to or filed with the Secretary under section 

6226, be so filed, submitted, or furnished by magnetic media 

or in other machine-readable form.’’. 

(d) CLARIFICATION OF ASSESSMENT AUTHORITY.—Section 6226(a) 

is amended by inserting ‘‘(and no assessment of tax, levy, or proceeding in any court for the collection of such underpayment shall 

be made against such partnership)’’ after ‘‘section 6225 shall not 

apply with respect to such underpayment’’. 

(e) TREATMENT OF PARTNERSHIP ADJUSTMENTS THAT RESULT

IN DECREASE IN TAX IN CASE OF ELECTION TO PUSH OUT ADJUSTMENTS.—Section 6226(b) is amended— 

(1) by striking ‘‘increased’’ in paragraph (1) and inserting 

‘‘adjusted’’, 

(2) by striking ‘‘adjustment amounts’’ each place it appears 

in paragraphs (1) and (2) and inserting ‘‘correction amounts’’, 

16 USC 6501. 


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(3) by striking ‘‘increase’’ each place it appears in subparagraphs (A) and (B) of paragraph (2) and inserting ‘‘increase 

or decrease’’, 

(4) by striking ‘‘plus’’ at the end of paragraph (2)(A) and 

inserting ‘‘and’’, and 

(5) by striking ‘‘ADJUSTMENT AMOUNTS’’ in the heading 

of paragraph (2) and inserting ‘‘CORRECTION AMOUNTS’’. 

(f) COORDINATION OF STATUTE OF LIMITATION ON FILING

ADMINISTRATION ADJUSTMENT REQUEST WITH ADJUSTMENTS

RELATED TO FOREIGN TAX CREDITS.—Section 6227 is amended by 

adding at the end the following new subsection: 

‘‘(d) COORDINATION WITH ADJUSTMENTS RELATED TO FOREIGN

TAX CREDITS.—The Secretary shall issue regulations or other guidance which provide for the proper coordination of this section and 

section 905(c).’’. 

(g) CLARIFICATION OF ASSESSMENT OF IMPUTED UNDERPAYMENTS.— 

(1) IN GENERAL.—Section 6232(a) is amended by striking 

‘‘except that in the case of’’ and all that follows and inserting 

the following: ‘‘except that— 

‘‘(1) subchapter B of chapter 63 shall not apply, and 

‘‘(2) in the case of an administrative adjustment request 

to which section 6227(b)(1) applies, the underpayment shall 

be paid and may be assessed when the request is filed.’’. 

(2) CONFORMING AMENDMENT.—Section 6232(b) is 

amended— 

(A) by striking ‘‘assessment of a deficiency’’ and 

inserting ‘‘assessment of an imputed underpayment’’, and 

(B) by adding at the end the following new flush 

matter: 

‘‘The preceding sentence shall not apply in the case of a specified 

similar amount (as defined in subsection (f)(2)).’’. 

(h) TIME LIMITATION FOR NOTICE OF PROPOSED ADJUSTMENT.— 

(1) IN GENERAL.—Section 6231 is amended by redesignating 

subsections (b) and (c) as subsections (c) and (d), respectively, 

and by inserting after subsection (a) the following new subsection: 

‘‘(b) TIMING OF NOTICES.— 

‘‘(1) NOTICE OF PROPOSED PARTNERSHIP ADJUSTMENT.—Any 

notice of a proposed partnership adjustment shall not be mailed 

later than the date determined under section 6235 (determined 

without regard to paragraphs (2) and (3) of subsection (a) 

thereof). 

‘‘(2) NOTICE OF FINAL PARTNERSHIP ADJUSTMENT.— 

‘‘(A) IN GENERAL.—Except to the extent that the partnership elects to waive the application of this subparagraph, any notice of a final partnership adjustment shall 

not be mailed earlier than 270 days after the date on 

which the notice of the proposed partnership adjustment 

is mailed. 

‘‘(B) STATUTE OF LIMITATIONS ON ADJUSTMENT.—For 

the period of limitations on making adjustments, see section 

6235.’’. 

(2) CONFORMING AMENDMENT.—Section 6231(a) is amended 

by striking ‘‘Any notice of a final partnership adjustment’’ and 

all that follows through ‘‘Such notices’’ and inserting ‘‘Any 

notice of a final partnership adjustment’’. 

10 USC 6227. 


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(i) DEPOSIT TO SUSPEND INTEREST ON IMPUTED UNDERPAYMENT.—Section 6233 is amended by adding at the end the 

following new subsection: 

‘‘(c) DEPOSIT TO SUSPEND INTEREST.—For rules allowing 

deposits to suspend running of interest on potential underpayments, 

see section 6603.’’. 

(j) DEPOSIT TO MEET JURISDICTIONAL REQUIREMENT.—The first 

sentence of section 6234(b) is amended by striking ‘‘the amount 

of the imputed underpayment (as of the date of the filing of the 

petition)’’ and inserting ‘‘the amount of (as of the date of the 

filing of the petition) the imputed underpayment, penalties, additions to tax, and additional amounts with respect to such imputed 

underpayment’’. 

(k) CORRECTIONS RELATED TO PERIOD OF LIMITATION ON

MAKING ADJUSTMENTS.— 

(1) Section 6235(a) is amended— 

(A) by inserting ‘‘or section 905(c)’’ after ‘‘Except as 

otherwise provided in this section’’, and 

(B) by striking ‘‘subpart’’ and inserting ‘‘subchapter’’. 

(2) Section 6235(a)(3) is amended by striking ‘‘section 

6225(c)(7)’’ and inserting ‘‘section 6225(c)(7))’’. 

(3) Section 6235(c)(2) is amended by striking ‘‘section 

6501(e)(1)(A)’’ and inserting ‘‘subparagraph (A) or (C) of section 

6501(e)(1)’’. 

(4) Section 6235(c) is amended by adding at the end the 

following new subparagraphs: 

‘‘(5) INFORMATION REQUIRED TO BE REPORTED.—In the case 

of a partnership that is required to report any information 

described in section 6501(c)(8), the time for making any adjustment under this subchapter with respect to any tax return, 

event, or period to which such information relates shall not 

expire before the date that is determined under section 

6501(c)(8). 

‘‘(6) LISTED TRANSACTIONS.—If a partnership fails to include 

on any return or statement any information with respect to 

a listed transaction as described in section 6501(c)(10), the 

time for making any adjustment under this subchapter with 

respect to such transaction shall not expire before the date 

that is determined under section 6501(c)(10).’’. 

(5) Section 6235 is amended by striking subsection (d). 

(l) TREATMENT OF SPECIAL ENFORCEMENT MATTERS.—Section 

6241, as amended by the preceding provisions of this Act, is 

amended by adding at the end the following new paragraph: 

‘‘(11) TREATMENT OF SPECIAL ENFORCEMENT MATTERS.— 

‘‘(A) IN GENERAL.—In the case of partnership-related 

items which involve special enforcement matters, the Secretary may prescribe regulations pursuant to which— 

‘‘(i) this subchapter (or any portion thereof) does 

not apply to such items, and 

‘‘(ii) such items are subject to such special rules 

(including rules related to assessment and collection) 

as the Secretary determines to be necessary for the 

effective and efficient enforcement of this title. 

‘‘(B) SPECIAL ENFORCEMENT MATTERS.—For purposes 

of subparagraph (A), the term ‘special enforcement matters’ 

means— 

26 USC 6233. 


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‘‘(i) failure to comply with the requirements of 

section 6226(b)(4)(A)(ii), 

‘‘(ii) assessments under section 6851 (relating to 

termination assessments of income tax) or section 6861 

(relating to jeopardy assessments of income, estate, 

gift, and certain excise taxes), 

‘‘(iii) criminal investigations, 

‘‘(iv) indirect methods of proof of income, 

‘‘(v) foreign partners or partnerships, and 

‘‘(vi) other matters that the Secretary determines 

by regulation present special enforcement considerations.’’. 

(m) UNITED STATES SHAREHOLDERS AND CERTAIN OTHER PERSONS TREATED AS PARTNERS.—Section 6241, as amended by the 

preceding provisions of this Act, is amended by adding at the 

end the following new paragraph: 

‘‘(12) UNITED STATES SHAREHOLDERS AND CERTAIN OTHER

PERSONS TREATED AS PARTNERS.— 

‘‘(A) IN GENERAL.—Except as otherwise provided by 

the Secretary, in the case of any controlled foreign corporation (as defined in section 957 or 953(c)(1)) which is a 

partner of a partnership, each United States shareholder 

(as defined in section 951(b) or 953(c)(1)) with respect to 

such controlled foreign corporation shall be treated for 

purposes of this subchapter as a partner of such partnership. For purposes of the preceding sentence, any distributive share of any such United States shareholder with 

respect to such partnership shall, except as otherwise provided by the Secretary, be equal to such United States 

shareholder’s pro rata share with respect to such controlled 

foreign corporation (determined under rules similar to the 

rules of section 951(a)(2)). 

‘‘(B) PASSIVE FOREIGN INVESTMENT COMPANIES.—For 

purposes of subparagraph (A), in the case of a passive 

foreign investment company (as defined in section 1297), 

each taxpayer that makes an election under section 1295 

with respect to such company shall be treated in the same 

manner as United States shareholders under subparagraph 

(A), except that such taxpayer’s pro rata share with respect 

to the passive foreign investment company shall be determined under rules similar to the rules of section 1293(b). 

‘‘(C) REGULATIONS OR OTHER GUIDANCE.—The Secretary 

shall issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this 

paragraph, including regulations which apply the rules 

of subparagraph (A) in similar circumstances or with 

respect to similarly situated persons.’’. 

(n) PENALTIES RELATED TO ADMINISTRATIVE ADJUSTMENT

REQUESTS AND PARTNERSHIP ADJUSTMENT TRACKING REPORTS.— 

(1) FAILURE TO PAY.—Section 6651 is amended by redesignating subsection (i) as subsection (j) and by inserting after 

subsection (h) the following new subsection: 

‘‘(i) APPLICATION TO IMPUTED UNDERPAYMENT.—For purposes 

of this section, any failure to comply with section 6226(b)(4)(A)(ii) 

shall be treated as a failure to pay the amount described in subclause (II) thereof and such amount shall be treated for purposes 

26 USC 6241. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1182 PUBLIC LAW 115–141—MAR. 23, 2018 

of this section as an amount shown as tax on a return specified 

in subsection (a)(1).’’. 

(2) FAILURE TO FILE PARTNERSHIP ADJUSTMENT TRACKING

REPORT.—Section 6698(a) is amended— 

(A) in the matter preceding paragraph (1) by inserting 

‘‘, or a partnership adjustment tracking report under section 6226(b)(4)(A),’’ after ‘‘under section 6031’’, 

(B) in paragraph (1) by inserting ‘‘, or such report,’’ 

after ‘‘such return’’, and 

(C) in paragraph (2)— 

(i) by inserting ‘‘or a report’’ after ‘‘a return’’, and 

(ii) by inserting ‘‘or 6226(b)(4)(A), respectively’’ 

before the comma at the end. 

(3) TAX RETURN PREPARER RELATED PENALTIES.—Section 

6696(e)(1) is amended by inserting ‘‘, any administrative adjustment request under section 6227, and any partnership adjustment tracking report under section 6226(b)(4)(A)’’ before the 

period at the end. 

(4) FRIVOLOUS TAX SUBMISSIONS.—Section 6702 is amended 

by adding at the end the following new subsection: 

‘‘(f) PARTNERSHIP ADJUSTMENTS.—An administrative adjustment request under section 6227 and a partnership adjustment 

tracking report under section 6226(b)(4)(A) shall be treated as a 

return for purposes of this section.’’. 

(o) ADJUSTED SCHEDULE K–1 TREATED AS PAYEE STATEMENT.— 

Section 6724(d)(2) is amended by striking ‘‘or’’ at the end of subparagraph (HH), by striking the period at the end of subparagraph 

(II) and inserting ‘‘, or’’, and by inserting after subparagraph (II) 

the following new subparagraph: 

‘‘(JJ) section 6226(a)(2) (relating to statements relating 

to alternative to payment of imputed underpayment by 

partnership) or under any other provision of this title which 

provides for the application of rules similar to such section.’’. 

(p) OTHER CLERICAL CORRECTIONS.— 

(1) Section 6225(c)(7) is amended by striking ‘‘submitted 

pursuant to paragraph (1)’’ and inserting ‘‘filed or submitted 

under this subsection’’. 

(2) Section 6227(b) is amended by striking ‘‘is made’’ both 

places it appears and inserting ‘‘is filed’’. 

(3) Section 6227(b)(1) is amended by striking ‘‘paragraphs 

(2), (6), and (7)’’ and inserting ‘‘paragraphs (2), (7), and (9)’’. 

(4) Section 6232(b) is amended by striking ‘‘this chapter’’ 

and inserting ‘‘this subtitle (other than subchapter B of this 

chapter)’’. 

(5) Section 6232(d)(1)(A) is amended by striking ‘‘a item’’ 

and inserting ‘‘an item’’. 

(6) Section 6232(e) is amended by striking ‘‘thereof’’. 

(7) Section 6241(5) is amended by striking ‘‘sections 6234’’ 

and inserting ‘‘section 6234’’. 

(8) Section 7485(b) is amended by striking ‘‘a partner’’ 

and inserting ‘‘the partnership’’. 

(9) The heading of the first part of subchapter C of chapter 

26 USC 6221 63 is amended to read as follows: 

prec. 

26 USC 6698. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1183 

‘‘PART I—IN GENERAL’’. 

(10) The heading of the second part of subchapter C of 

chapter 63 is amended to read as follows: 

‘‘PART II—PARTNERSHIP ADJUSTMENTS’’. 

(11) The heading of the third part of subchapter C of 

chapter 63 is amended to read as follows: 

‘‘PART III—PROCEDURE’’. 

(12) The heading of the fourth part of subchapter C of 

chapter 63 is amended to read as follows: 

‘‘PART IV—DEFINITIONS AND SPECIAL RULES’’. 

SEC. 207. EFFECTIVE DATE. 

The amendments made by this title shall take effect as if 

included in section 1101 of the Bipartisan Budget Act of 2015. 

TITLE III—OTHER CORRECTIONS 

SEC. 301. AMENDMENTS RELATING TO THE BIPARTISAN BUDGET ACT 

OF 2015. 

(a) AMENDMENTS RELATING TO SECTION 1101.— 

(1) Section 6011(e) is amended by adding at the end the 

following new paragraph: 

‘‘(5) SPECIAL RULES FOR PARTNERSHIPS.— 

‘‘(A) PARTNERSHIPS PERMITTED TO BE REQUIRED TO FILE

ON MAGNETIC MEDIA.—In the case of a partnership, paragraph (2)(A) shall be applied by substituting for ‘250’ the 

following amount: 

‘‘(i) In the case of returns and statements relating 

to calendar year 2018, ‘200’. 

‘‘(ii) In the case of returns and statements relating 

to calendar year 2019, ‘150’. 

‘‘(iii) In the case of returns and statements relating 

to calendar year 2020, ‘100’. 

‘‘(iv) In the case of returns and statements relating 

to calendar year 2021, ‘50’. 

‘‘(v) In the case of returns and statements relating 

to calendar years after 2021, ‘20’. 

‘‘(B) PARTNERSHIPS REQUIRED TO FILE ON MAGNETIC

MEDIA.—Notwithstanding subparagraph (A) and paragraph 

(2)(A), the Secretary shall require partnerships having 

more than 100 partners to file returns on magnetic media.’’. 

(2) Section 6011(e)(2) is amended by striking the last sentence. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in section 1101 of the Bipartisan 

Budget Act of 2015. 

SEC. 302. AMENDMENTS RELATING TO THE ENERGY POLICY ACT OF 

2005. 

(a) AMENDMENTS RELATING TO SECTION 1253.— 

26 USC 6011 

note. 

26 USC 6031 

note. 

26 USC 6241 

prec. 

26 USC 6231 

prec. 

26 USC 6225 

prec. 


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132 STAT. 1184 PUBLIC LAW 115–141—MAR. 23, 2018 

(1) Subclause (II) of section 168(e)(3)(B)(vi) is amended 

by striking ‘‘is a qualifying small power production facility’’ 

and all that follows and inserting ‘‘has a power production 

capacity of not greater than 80 megawatts, or’’. 

(2) The last sentence of section 168(e)(3)(B) is amended 

by striking ‘‘clause (vi)(I)’’ and all that follows and inserting 

‘‘subclause (I) or (II) of clause (vi) by reason of being public 

utility property.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to property placed in service after the date of the 

enactment of this Act. 

TITLE IV—CLERICAL CORRECTIONS 

AND DEADWOOD 

SEC. 401. CLERICAL CORRECTIONS AND DEADWOOD-RELATED PROVISIONS. 

(a) CLERICAL CORRECTIONS.— 

(1) The table of subchapters for chapter 1 is amended 

by moving the item relating to subchapter R before the item 

relating to subchapter S. 

(2)(A) Sections 22(c)(3)(A)(i)(III), 104(b)(2)(D), 140(a)(3), and 

149(b)(3)(A)(i) are each amended by striking ‘‘Veterans’ 

Administration’’ and inserting ‘‘Department of Veterans 

Affairs’’. 

(B) The heading of section 4980H(c)(2)(F) is amended by 

striking ‘‘VETERANS ADMINISTRATION’’ and inserting ‘‘DEPARTMENT OF VETERANS AFFAIRS’’. 

(C) Section 6050H(h)(3)(B)(i) is amended by striking ‘‘Veterans Administration’’ and inserting ‘‘Department of Veterans 

Affairs’’. 

(3) Section 24(d) is amended by redesignating paragraph 

(5) as paragraph (3). 

(4) Section 25C(b)(2) is amended by striking ‘‘subsection 

(c)(2)(B)’’ and inserting ‘‘subsection (c)(3)(B)’’. 

(5) Section 25C(d)(3) is amended— 

(A) by striking the period at the end of subparagraph 

(B) and inserting a comma, and 

(B) by striking the period at the end of subparagraph 

(D) and inserting ‘‘, and’’. 

(6) Section 25C(g)(2) is amended by striking ‘‘2017..’’ and 

inserting ‘‘2017.’’. 

(7) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended— 

(A) by striking the item relating to section 41 which 

relates to the employee stock ownership credit, and 

(B) by moving the item relating to section 45K after 

the item relating to section 45J. 

(8) Section 38(b)(34) is amended by adding a comma at 

the end. 

(9) The heading of section 40(g)(2) is amended by striking 

‘‘AGGREGRATION’’ and inserting ‘‘AGGREGATION’’. 

(10) The heading of section 42(e)(2)(B) is amended by 

striking ‘‘ETC,’’ and inserting ‘‘ETC.,’’. 

26 USC 38 prec. 

26 USC 1 prec. 

26 USC 168 note. 

26 USC 168. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1185 

(11)(A) Section 42(d)(4)(C)(i) is amended by striking ‘‘as 

defined in paragraph (5)(C)’’ and inserting ‘‘as defined in paragraph (5)(B)(ii)’’. 

(B) Section 42(f)(5)(B)(ii)(I) is amended by striking 

‘‘(d)(6)(C)’’ and inserting ‘‘(d)(6)(B)’’. 

(C) Section 42(k)(2)(B) is amended— 

(i) by striking ‘‘(d)(6)(B)’’ and inserting ‘‘(d)(6)(C)’’, and 

(ii) by striking ‘‘building..’’ in clause (ii) and inserting 

‘‘building.’’. 

(D) Section 42(m)(1)(B)(ii)(III) is amended by striking ‘‘as 

defined in subsection (d)(5)(C)’’ and inserting ‘‘as defined in 

subsection (d)(5)(B)(ii)’’. 

(12) Section 42(h)(5)(C)(ii) is amended by striking ‘‘; and’’ 

and inserting ‘‘, and’’. 

(13) Section 42(i)(3)(D)(ii)(I) is amended by striking the 

period at the end. 

(14) Section 45(c)(6) is amended by striking ‘‘section 2(27)’’ 

and inserting ‘‘section 1004(27)’’. 

(15) Section 45(c)(7)(A)(i)(II) is amended by striking ‘‘for 

purpose’’ and inserting ‘‘for the purpose’’. 

(16) Section 45(c)(7)(A)(i)(III) is amended by striking the 

period at the end and inserting ‘‘, or’’. 

(17) Section 45C(b)(2)(A)(ii)(II) is amended by striking ‘‘; 

and’’ and inserting ‘‘, and’’. 

(18) Section 45D(f)(1)(F) is amended by adding ‘‘, and’’ 

at the end. 

(19) Section 45H(d) is amended by striking ‘‘purposes this’’ 

and inserting ‘‘purposes of this’’. 

(20) Section 48(a)(1) is amended by striking ‘‘(3)(B), and 

(4)(B)’’ and inserting ‘‘and (3)(B)’’. 

(21) Section 48(a)(6)(B) is amended by striking ‘‘property 

energy property’’ and inserting ‘‘energy property’’. 

(22) Section 48(c)(2)(B) is amended by striking ‘‘equal $200’’ 

and inserting ‘‘equal to $200’’. 

(23) Section 48(d)(3) is amended— 

(A) by striking ‘‘shall’’ in the matter that precedes 

subparagraph (A), and 

(B) by inserting ‘‘shall’’ before ‘‘not’’ in subparagraph 

(A). 

(24) Section 49(a)(1)(D)(iii) is amended by striking ‘‘shareholder’’ 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’’. 

26 USC 42. 


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132 STAT. 1186 PUBLIC LAW 115–141—MAR. 23, 2018 

(32) Section 62(e)(1) is amended by striking ‘‘(2 U.S.C. 

1202)’’ and inserting ‘‘(42 U.S.C. 2000e–16b)’’. 

(33) Section 68(b)(2) is amended by striking ‘‘shall be shall 

be’’ and inserting ‘‘shall be’’. 

(34) The heading of section 82 is amended by striking 

‘‘for expenses of moving’’ and inserting ‘‘of moving expenses’’. 

(35) The heading of section 84 is amended by striking ‘‘political organization’’ and inserting ‘‘political organizations’’. 

(36) Section 105(h)(7)(B) is amended by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph (A))’’. 

(37) Section 125(e)(2) is amended by striking ‘‘subparagraphs’’ and inserting ‘‘subparagraph’’. 

(38) Section 132(c)(4) is amended by striking ‘‘peforming’’ 

and inserting ‘‘performing’’. 

(39) Section 134(b)(6) is amended by striking ‘‘an combat’’ 

and inserting ‘‘a combat’’. 

(40) Section 137(c) is amended by striking ‘‘section 514’’ 

in the second sentence and inserting ‘‘section 541’’. 

(41) Section 139(c)(2) is amended by striking ‘‘federally’’ 

and inserting ‘‘a federally’’. 

(42) Section 139E(c)(1) is amended by striking ‘‘(43 U.S.C. 

1601, et seq.)’’ and inserting ‘‘(43 U.S.C. 1601 et seq.)’’. 

(43) Section 139E(c)(3) is amended by striking ‘‘2013’’ and 

inserting ‘‘2014’’. 

(44) Section 3(a) of the Tribal General Welfare Exclusion 

Act of 2014 is amended by striking ‘‘subsection’’ and inserting 

‘‘section’’. 

(45) Section 4(c) of such Act is amended by striking ‘‘subsection’’ and inserting ‘‘section’’. 

(46) The item relating to section 143 in the table of sections 

for subpart A of part IV of subchapter B of chapter 1 is 

amended to read as follows: 

‘‘Sec. 143. Mortgage revenue bonds; qualified mortgage bond and qualified veterans’ 

mortgage bond.’’. 

(47) Section 142(d)(2)(C) is amended by inserting ‘‘section’’ 

before ‘‘42(i)(3)(D)’’. 

(48) Section 163(e)(5)(C)(ii) is amended by inserting ‘‘in’’ 

before ‘‘subsection (i)(1)(B)’’. 

(49) Section 168(d)(3)(B)(i) is amended by inserting a 

comma after ‘‘real property’’. 

(50) Section 168(e)(3)(C)(i) is amended by striking ‘‘and’’. 

(51) Section 169(d)(5)(B) is amended by inserting ‘‘a’’ before 

‘‘facility’’. 

(52) Section 170(b)(1)(A)(ix) is amended by inserting 

‘‘National’’ before ‘‘Agricultural’’. 

(53) Section 172(d)(5) is amended by striking ‘‘section 243’’ 

and inserting ‘‘sections 243’’. 

(54) Section 179D(d)(1)(B) is amended by striking ‘‘which’’ 

and inserting ‘‘such that’’. 

(55) Section 219(f)(1) is amended by striking ‘‘term compensation includes’’ in the last sentence and inserting ‘‘term 

‘compensation’ includes’’. 

(56) Section 219(g)(8) is amended by striking ‘‘shall each 

be’’ and inserting ‘‘shall be’’. 

(57) Section 223(c)(2)(C) is amended by striking ‘‘section 

1871’’ and inserting ‘‘section 1861’’. 

26 USC 141 prec. 

26 USC 139E 

note. 

26 USC 62. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1187 

(58) Section 223(d)(2)(A) is amended by striking ‘‘section 

213(d)’’ and inserting ‘‘section 213(d))’’. 

(59) The item relating to section 280H in the table of 

sections for part IX of subchapter B of chapter 1 is amended 

to read as follows: 

‘‘Sec. 280H. Limitation on certain amounts paid to employee-owners by personal 

service corporations electing alternative taxable years.’’. 

(60) Subparagraphs (F) and (G) of section 263(a)(1) are 

each amended by striking the semicolon at the end and 

inserting a comma. 

(61) Section 263(a)(1) is amended by redesignating subparagraphs (I) through (L) as subparagraphs (H) through (K), 

respectively. 

(62) Section 280C(a) is amended by striking ‘‘and 1396(a),’’ 

and inserting ‘‘1396(a),’’. 

(63) The heading of section 331 is amended by striking 

‘‘shareholders’’ and inserting ‘‘shareholder’’. 

(64) Section 338(h)(3)(A)(iii) is amended by striking 

‘‘paragaraph’’ and inserting ‘‘paragraph’’. 

(65) The second sentence of section 355(h)(2)(B) is amended 

by striking ‘‘of assets’’. 

(66) The heading of subpart C of part III of subchapter 

C of chapter 1 is amended by striking ‘‘Corporation’’ and 

inserting ‘‘Corporations’’. 

(67) Section 362(a) is amended by striking the comma 

after ‘‘acquired’’. 

(68) Section 368(a)(2)(F)(vii) is amended by striking ‘‘(15 

U.S.C. 80a-2(36))’’ and inserting ‘‘(15 U.S.C. 80a–2(a)(36))’’. 

(69) Section 401(a)(2) is amended by striking ‘‘determination).;’’ and inserting ‘‘determination));’’. 

(70) Section 401(a)(15) is amended by striking ‘‘a trust’’ 

and inserting ‘‘A trust’’. 

(71) Section 401(a)(32)(A) is amended by striking ‘‘section 

section’’ both places it appears and inserting ‘‘section’’. 

(72) Section 401(c)(2)(A)(iii) is amended by striking ‘‘sections 3121(d)(3)(A), (C), or (D), without regard to paragraph 

(2) of section 1402(c)’’ and inserting ‘‘subparagraph (A), (C), 

or (D) of section 3121(d)(3), without regard to section 

1402(c)(2)’’. 

(73) Section 402(i) is amended by striking ‘‘subparagraph 

(A) of subsection (d)(4)’’ and inserting ‘‘subsection (e)(4)(D)(i)’’. 

(74) Section 404A(c)(4)(B) is amended by striking ‘‘and’’ 

at the end. 

(75) Section 408(a)(1) is amended by inserting ‘‘or’’ after 

‘‘subsection (d)(3)’’. 

(76) Section 408(m)(3)(B) is amended by striking ‘‘section 

7’’ and inserting ‘‘section 5’’. 

(77) Section 408A(d)(3)(B) is amended by adding a period 

at the end. 

(78) Section 408A(e)(2)(B) is amended by striking ‘‘the 

subparagraph (A)’’ and inserting ‘‘subparagraph (A)’’. 

(79) Section 409(n)(1)(A)(i) is amended by striking ‘‘securities,,,’’ and inserting ‘‘securities,’’. 

(80) Section 409A(b)(3)(B)(i) is amended by striking the 

semicolon at the end and inserting a comma. 

26 USC 361 prec. 

26 USC 261 prec. 

26 USC 223. 


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132 STAT. 1188 PUBLIC LAW 115–141—MAR. 23, 2018 

(81) The item relating to section 413 in the table of sections 

for subpart B of part I of subchapter D of chapter 1 is amended 

to read as follows: 

‘‘Sec. 413. Collectively bargained plans, etc.’’. 

(82) Section 411(a)(4)(A) is amended by striking the comma 

at the end and inserting a semicolon. 

(83) Section 412(c)(1)(A) is amended by adding a period 

at the end. 

(84) Section 412(c)(4)(B) is amended by inserting ‘‘section’’ 

before ‘‘433(d)’’. 

(85) Section 412(c)(7)(B)(iii) is amended by striking the 

comma after ‘‘subchapter D’’. 

(86) Section 413(b)(6) is amended by striking ‘‘and the 

last sentence of section 4971(a)’’ in the last sentence and 

inserting ‘‘and section 4971(e)’’. 

(87) Section 414(l)(2)(G) is amended by striking ‘‘BANKS’’ 

in the heading thereof and inserting ‘‘DEPOSITORY INSTITUTIONS’’. 

(88) Section 414(u)(6) is amended by striking ‘‘section 

457(b))’’ and inserting ‘‘section 457(b)))’’. 

(89) Section 414(x)(1) is amended by striking ‘‘are’’ and 

inserting ‘‘is’’. 

(90) Section 414(y)(1)(C)(i) is amended by striking ‘‘of such 

Code’’. 

(91) Section 414(y)(2) is amended by striking ‘‘subparagraph’’ and inserting ‘‘subparagraphs’’. 

(92) Section 418E is amended by striking ‘‘subsection 

432(b)(2)’’ each place it appears and inserting ‘‘section 

432(b)(2)’’. 

(93) Section 418E(d)(1), as amended by the preceding paragraph, is amended— 

(A) by striking ‘‘section 432(b)(2),,’’ and inserting ‘‘section 432(b)(2),’’, 

(B) by striking ‘‘section 432(b)(2),)’’ and inserting ‘‘section 432(b)(2))’’, and 

(C) by striking ‘‘compare the value of plan assets’’ 

and all that follows through ‘‘for that plan year with’’ 

and inserting ‘‘compare the value of plan assets for that 

plan year with’’. 

(94) Section 418E(e)(1)(A) is amended to read as follows: 

‘‘(A) notify the Secretary and the parties described 

in section 101(f)(1) of the Employee Retirement Income 

Security Act of 1974 of that determination, and’’. 

(95) The table of subparts for part I of subchapter D of 

chapter 1 is amended by striking the item relating to subpart 

C and inserting the following: 

‘‘SUBPART C—INSOLVENT PLANS’’. 

(96) Section 419A(c)(6)(B) is amended by striking ‘‘(42 

U.S.C. 300gg-91(d)(3))’’ and inserting ‘‘(42 U.S.C. 300gg– 

91(d)(3)))’’. 

(97) Section 420(c)(1)(A) is amended by striking ‘‘subsection 

(e)(1)(D)’’ and inserting ‘‘subsection (e)(1)(E)’’. 

(98) Section 424(g) is amended by striking ‘‘section 

422(a)(2)’’ and inserting ‘‘sections 422(a)(2)’’. 

26 USC 401 prec. 

26 USC 411. 

26 USC 410 prec. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1189 

(99) Section 430(c)(7)(E)(v)(II) is amended by inserting ‘‘the’’ 

after ‘‘title I of’’. 

(100) Section 430(h)(2)(F) is amended by striking ‘‘section 

417(e)(3)(D)(i)’’ and inserting ‘‘section 417(e)(3)(D)’’. 

(101) Section 431(d)(2)(B)(i) is amended by striking ‘‘this 

Act’’ and inserting ‘‘the Pension Protection Act of 2006’’. 

(102) Section 432(b)(3)(A)(i) is amended by striking ‘‘in 

endangered status for such plan year’’ and all that follows 

through ‘‘, whether or not’’ and inserting the following: ‘‘in 

endangered status for such plan year, or would be in endangered status for such plan year but for paragraph (5), whether 

or not’’. 

(103) Section 432(b)(3)(B) is amended by redesignating the 

clause (iv) relating to projections of critical and declining status 

as clause (v). 

(104) Section 432(b)(3)(D)(iv) is amended by inserting a 

comma after ‘‘Labor’’. 

(105) Section 432(e)(8)(C)(iii) is amended by striking ‘‘the 

Secretary shall’’ and inserting ‘‘The Secretary shall’’. 

(106) So much of the text of section 432(f)(3) as precedes 

subparagraph (A) is amended to read as follows: ‘‘During the 

period beginning on the date of the certification under subsection (b)(3)(A) for the initial critical year and ending on 

the date of the adoption of a rehabilitation plan—’’. 

(107) Section 432(g)(1) is amended by striking ‘‘subsection 

(e)(9))’’ and inserting ‘‘subsection (e)(9)’’. 

(108) Section 433(c)(5)(C)(ii)(II) is amended by inserting 

‘‘of such Act’’ after ‘‘title IV’’. 

(109)(A) The heading for section 433 is amended by 

inserting ‘‘for csec plans’’ after ‘‘funding standards’’. 

(B) The table of sections for subpart A of part III of subchapter D of chapter 1 is amended by adding at the end 

the following new item: 

‘‘Sec. 433. Minimum funding standards for CSEC plans.’’. 

(110) The item relating to section 436 in the table of 

sections for subpart B of part III of subchapter D of chapter 

1 is amended to read as follows: 

‘‘Sec. 436. Funding-based limits on benefits and benefit accruals under single-employer plans.’’. 

(111) The heading of section 453B is amended by striking 

‘‘loss disposition’’ and inserting ‘‘loss on disposition’’. 

(112) Section 457(f)(4)(C)(i) is amended— 

(A) by striking ‘‘section 9101’’ and inserting ‘‘section 

8101’’, and 

(B) by striking ‘‘7801),’’ and inserting ‘‘7801)),’’. 

(113) Section 457A(d)(4) is amended— 

(A) by striking ‘‘case a foreign’’ and inserting ‘‘case 

of a foreign’’, and 

(B) by striking ‘‘had been’’ and inserting ‘‘been’’. 

(114) Section 458(b)(9) is amended by striking ‘‘REPURCHASED’’ in the heading thereof and inserting ‘‘REPURCHASE’’. 

(115) Section 458(c)(1) is amended by striking ‘‘regulations 

prescribed’’ and inserting ‘‘regulations prescribe’’. 

(116) Section 460(b)(2)(A) is amended by inserting a comma 

after ‘‘first’’. 

26 USC 436 prec. 

26 USC 430 prec. 

26 USC 430. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1190 PUBLIC LAW 115–141—MAR. 23, 2018 

(117)(A) Section 461 is amended by redesignating the 

second subsection (j) (relating to farming syndicate defined) 

as subsection (k). 

(B) Section 461(i)(4) is amended by striking ‘‘subsection 

(j)’’ and inserting ‘‘subsection (k)’’. 

(118) The heading of section 464 is amended by inserting 

‘‘expenses’’ after ‘‘farming’’. 

(119) Section 464(d)(2)(B)(iii) is amended by striking ‘‘subsection (c)(2)(E)’’ and inserting ‘‘section 461(k)(2)(E)’’. 

(120) Section 470(d)(2)(B) is amended by striking ‘‘clause 

(ii)’’ and inserting ‘‘subparagraph (A)(ii)’’. 

(121) The item relating to part VIII in the table of parts 

for subchapter F of chapter 1 is amended to read as follows: 

‘‘PART VIII. CERTAIN SAVINGS ENTITIES’’. 

(122) Section 501(c)(14)(B)(iv) is amended by adding a 

period at the end. 

(123) Section 501(c)(19)(B) is amended by striking 

‘‘widows,,’’ and inserting ‘‘widows,’’. 

(124) Section 501(f)(3)(B) is amended by striking ‘‘section 

115(a)’’ and inserting ‘‘section 115’’. 

(125) The item relating to section 511 in the table of 

sections for part III of subchapter F of chapter 1 is amended 

to read as follows: 

‘‘Sec. 511. Imposition of tax on unrelated business income of charitable, etc., organizations.’’. 

(126) Section 512(b)(19)(H)(iii) is amended by striking 

‘‘clause (i)(II)’’ and inserting ‘‘clause (i)’’. 

(127) Section 529(c)(6) is amended by striking ‘‘an 

Coverdell’’ and inserting ‘‘a Coverdell’’. 

(128) Section 529(e)(3)(A) is amended— 

(A) by striking the semicolon at the end of clause 

(i) and inserting a comma, and 

(B) by adding ‘‘, and’’ at the end of clause (ii). 

(129) Section 529A(d)(4) is amended by striking ‘‘Achieving 

a Better Life Experience Act of 2014’’ and inserting ‘‘Stephen 

Beck, Jr., ABLE Act of 2014’’. 

(130) Section 529A(e)(4) is amended by striking ‘‘subparagraph section’’ and inserting ‘‘section’’. 

(131) Section 530(d)(9)(B) is amended by striking ‘‘by the’’ 

and inserting ‘‘by’’. 

(132) Section 542(c)(5) is amended by striking the comma 

at the end and inserting a semicolon. 

(133) Section 542(c)(7) is amended by striking ‘‘A small’’ 

and inserting ‘‘a small’’. 

(134) Section 543(a)(2)(B)(ii) is amended by striking ‘‘section 563(d)’’ and inserting ‘‘section 563(c)’’. 

(135) Section 543(d)(5)(A)(ii) is amended by striking ‘‘section 563(d)’’ and inserting ‘‘section 563(c)’’. 

(136) Section 613A(c)(7)(B) is amended by striking ‘‘taxpayers’’ and inserting ‘‘taxpayer’s’’. 

(137) Section 642(c)(1) is amended by striking ‘‘other then’’ 

and inserting ‘‘other than’’. 

26 USC 511 prec. 

26 USC 501 prec. 

26 USC 461. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 to read as follows: 

‘‘Sec. 661. Deduction for estates and trusts accumulating income or distributing 

corpus.’’. 

(139) Section 706(b)(5) is amended by striking ‘‘section 

584(h)’’ and inserting ‘‘section 584(i)’’. 

(140) Section 751(c) is amended by striking ‘‘and, sections’’ 

both places it appears and inserting ‘‘and sections’’. 

(141) Section 807(e)(5)(A)(i) is amended by striking 

‘‘subparagraph (C)’’ and inserting ‘‘subparagraph (B)’’. 

(142) Section 831(c) is amended by striking ‘‘section 

816(a)).’’ and inserting ‘‘section 816(a).’’. 

(143) Section 832(b)(7)(E)(ii)(II) is amended by striking the 

comma at the end and inserting a period. 

(144) Section 852(a)(1)(B) is amended by striking ‘‘265,’’ 

and inserting ‘‘265 and’’. 

(145) Section 852(b)(2)(D) is amended by striking ‘‘the 

deduction’’ and inserting ‘‘The deduction’’. 

(146) Subparagraphs (A) and (B) of section 856(c)(7) are 

each amended by striking ‘‘paragraph (4)(B)(iii)’’ and inserting 

‘‘paragraph (4)(B)(iv)’’. 

(147) Paragraphs (1), (3), (4), and (5) of section 856(m) 

are each amended by striking ‘‘subsection (c)(4)(B)(iii)’’ and 

inserting ‘‘subsection (c)(4)(B)(iv)’’. 

(148) Section 857(b)(6)(J) is amended by striking ‘‘section 

856(c)(8)’’ and inserting ‘‘section 856(c)(10)’’. 

(149) Section 860(f)(2)(A)(ii) is amended by striking 

‘‘decreased’’ and inserting ‘‘decrease’’. 

(150) Section 860(i) is amended by striking ‘‘willfull’’ and 

inserting ‘‘willful’’. 

(151) Section 860G(a)(3)(A)(iii)(III) is amended by striking 

the period at the end and inserting a comma. 

(152) Section 864(d)(8) is amended by striking ‘‘section 

956(b)(3)’’ and inserting ‘‘section 956(c)(3)’’. 

(153) Section 877(d)(4)(B)(i) is amended by striking ‘‘in 

957’’ and inserting ‘‘in section 957’’. 

(154) Section 877A(g)(6) is amended by striking ‘‘220(e)(4)’’ 

and inserting ‘‘220(f)(4)’’. 

(155) Section 897(a)(1)(A) is amended by striking ‘‘section 

871(B)(1)’’ and inserting ‘‘section 871(b)(1)’’. 

(156) The heading of section 897(k)(2) is amended by 

striking ‘‘USRPI’’ and inserting ‘‘UNITED STATES REAL PROPERTY

INTEREST’’. 

(157) Section 904(d)(2)(B)(ii) is amended— 

(A) by striking ‘‘, except as provided in subparagraph 

(E)(iii) or paragraph (3)(I),’’, and 

(B) by inserting ‘‘subparagraph (E)(ii), or paragraph 

(3)(H),’’ after ‘‘Except as provided in clause (iii),’’ 

(158) Section 907(c)(3)(C) is amended by striking the period 

after ‘‘partnerships’’ and inserting a comma. 

(159) Section 907(f)(1) is amended by striking ‘‘year,’’ and 

inserting ‘‘years,’’. 

(160) Section 911(d)(8)(B)(i) is amended by striking ‘‘(50 

U.S.C. App. 1 et seq.)’’ and inserting ‘‘(50 U.S.C. 4301 et seq.)’’. 

26 USC 706. 

26 USC 661 prec. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1192 PUBLIC LAW 115–141—MAR. 23, 2018 

(161) Section 912(1)(B) is amended by striking ‘‘(50 U.S.C., 

sec. 403e)’’ and inserting ‘‘(50 U.S.C. 3505)’’. 

(162) Section 956(c)(2)(E) is amended by striking ‘‘which 

are not contracts described in section 953(a)(1)’’ and inserting 

‘‘which are contracts described in section 953(e)(2)’’. 

(163) Section 956(e) is amended by striking ‘‘provisons’’ 

and inserting ‘‘provisions’’. 

(164) Section 957(b) is amended by striking ‘‘contracts 

described in section 953(a)(1)’’ and inserting ‘‘contracts not 

described in section 953(e)(2)’’. 

(165) The heading of section 993 is amended by inserting 

‘‘and special rules’’ after ‘‘definitions’’. 

(166) Section 1016(a)(3)(D) is amended by inserting ‘‘as 

in effect prior to its repeal by the Tax Reform Act of 1986’’ 

before ‘‘(or the corresponding provisions of prior income tax 

laws)’’. 

(167) Section 1033(h)(2) is amended by inserting ‘‘is’’ before 

‘‘located’’. 

(168) Section 1035(a)(1) is amended by striking ‘‘; or’’ and 

inserting a semicolon. 

(169) Section 1059(d)(3) is amended by striking ‘‘; except 

that’’ and all that follows and inserting ‘‘and there shall not 

be taken into account any day which is more than 2 years 

after the date on which such share becomes ex-dividend.’’. 

(170) Section 1092(a)(2)(B) is amended by striking ‘‘with 

respect other’’ in the last sentence and inserting ‘‘with respect 

to other’’. 

(171) Section 1092(c)(4)(E) is amended by striking ‘‘(other 

than subparagraph (B) thereof)’’. 

(172) The item relating to section 1222 in the table of 

sections for part III of subchapter P of chapter 1 is amended 

to read as follows: 

‘‘Sec. 1222. Other terms relating to capital gains and losses.’’. 

(173) The item relating to section 1252 in the table of 

sections for part IV of subchapter P of chapter 1 is amended 

to read as follows: 

‘‘Sec. 1252. Gain from disposition of farm land.’’. 

(174) Section 1250(d)(3) is amended by striking ‘‘paragraph 

(9)’’ and inserting ‘‘paragraph (6)’’. 

(175) Section 1255(b)(2) is amended by striking ‘‘170(e),’’ 

and inserting ‘‘170(e)’’. 

(176)(A) Subparagraphs (B) and (C) of section 1256(e)(3) 

are each amended by striking ‘‘section 464(e)(2)’’ and inserting 

‘‘section 461(k)(4)’’. 

(B) Section 1258(d)(5)(C) is amended by striking ‘‘section 

464(e)(2)’’ and inserting ‘‘section 461(k)(4)’’. 

(177) Section 1257(c)(1) is amended— 

(A) by striking ‘‘section 1201(4)’’ and inserting ‘‘section 

1201(a)(7)’’, and 

(B) by striking ‘‘16 U.S.C. 3801(4)’’ and inserting ‘‘16 

U.S.C. 3801(7)’’. 

(178) Section 1257(c)(2) is amended— 

(A) by striking ‘‘section 1201(6)’’ and inserting ‘‘section 

1201(a)(10)’’, and 

26 USC 1231 

prec. 

26 USC 1221 

prec. 

26 USC 912. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
PUBLIC LAW 115–141—MAR. 23, 2018 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) is amended by striking ‘‘section 6662(d)(2)(C)(iii)’’ and inserting ‘‘section 6662(d)(2)(C)(ii)’’. 

(180) Section 1276(a)(4) is amended by striking ‘‘871(a),,’’ 

and inserting ‘‘871(a),’’. 

(181) Section 1278(b)(1) is amended by striking ‘‘871(a),,’’ 

and inserting ‘‘871(a),’’. 

(182) Section 1286(f) is amended by striking ‘‘and 305(e),’’ 

and inserting ‘‘and section 305(e),’’. 

(183) Section 1291(e) is amended by striking ‘‘subsections 

(c) and (d) (e),’’ and inserting ‘‘subsections (c), (d), and (e)’’. 

(184) Section 1298(b)(5)(B) is amended by striking ‘‘section 

951(f)’’ and inserting ‘‘section 951(c)’’. 

(185) Section 1298(d)(2)(A) is amended by striking ‘‘section 

1296(a)(2)’’ and inserting ‘‘section 1297(a)(2)’’. 

(186) Section 1298(e)(2)(B)(ii) is amended by striking 

‘‘provisons’’ and inserting ‘‘provisions’’. 

(187) Section 1355(f)(3) is amended by striking ‘‘of which’’ 

and inserting ‘‘on which’’. 

(188) Section 1358(b)(1) is amended by striking ‘‘section 

1352(a)(2)’’ and inserting ‘‘section 1352(2)’’. 

(189) Section 1358(c)(2) is amended by striking ‘‘an person’s’’ and inserting ‘‘a person’s’’. 

(190) Sections 1361(f)(2), 1362(d)(3)(C)(v), and 

4975(d)(16)(A) are each amended by striking ‘‘1813(w)(1)),’’ and 

inserting ‘‘1813(w)(1))),’’. 

(191) Section 1362(f) is amended by striking ‘‘may be 

during’’ and inserting ‘‘may be, during’’. 

(192) Section 1366(e) is amended by striking ‘‘section 

704(e)(3)’’ and inserting ‘‘section 704(e)(2)’’. 

(193) Section 1368(f)(2) is amended by striking ‘‘in included’’ 

and inserting ‘‘is included’’. 

(194) Section 1391(g)(3)(E)(ii) is amended by striking 

‘‘Interior’’ and inserting ‘‘the Interior’’. 

(195) Section 1394(b)(3)(B)(i)(II) is amended by striking 

‘‘subsection’’ and inserting ‘‘subsections’’. 

(196) Section 1397C(d)(5)(B) is amended by striking ‘‘subparagraphs (A) or (B)’’ and inserting ‘‘subparagraph (A) or 

(B)’’. 

(197) Section 1402(a)(1) is amended— 

(A) by striking ‘‘section 1233(2)’’ and inserting ‘‘section 

1233(a)(2)’’, and 

(B) by striking ‘‘16 U.S.C. 3833(2)’’ and inserting ‘‘16 

U.S.C. 3833(a)(2)’’. 

(198) Section 1402(b) is amended by striking ‘‘3211,.’’ and 

inserting ‘‘3211.’’. 

(199) The heading of section 1446 is amended by striking 

‘‘withholding tax’’ in the heading and inserting ‘‘withholding of tax’’. 

(200) Section 2031(c)(1) is amended by striking all that 

follows subparagraph (A) and inserting the following: 

‘‘(B) $500,000.’’. 

(201) Section 2031(c)(2) is amended by striking ‘‘paragraph 

(5)).’’ and inserting ‘‘paragraph (5))).’’. 

(202) Section 2055(e)(3)(G) is amended by striking 

‘‘subparagraph (J)’’ and inserting ‘‘subparagraph (J))’’. 

26 USC 1274. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1194 PUBLIC LAW 115–141—MAR. 23, 2018 

(203) Section 2106(a)(4) is amended by inserting ‘‘section’’ 

before ‘‘2058(a)’’. 

(204) Section 2522(c)(1) is amended by striking ‘‘to of for’’ 

and inserting ‘‘to or for’’. 

(205) Section 2523(g)(1) is amended by striking ‘‘noncharitable beneficiary’’ and inserting ‘‘beneficiary who is not a charitable beneficiary’’. 

(206) Section 2523(g)(2) is amended by striking ‘‘noncharitable’’ and inserting ‘‘charitable’’. 

(207) Section 3101(a) is amended by adding a period at 

the end. 

(208) Section 3111(e)(5)(B) is amended by inserting ‘‘the’’ 

before ‘‘meaning’’. 

(209) Section 3121(b)(5)(B)(i)(V) is amended by striking 

‘‘section 105(e)(2)’’ and inserting ‘‘section 104(e)(2)’’. 

(210) Section 3121(b)(5)(H)(i) is amended by striking ‘‘1997’’ 

and inserting ‘‘1997,’’. 

(211) Section 3304(a)(4)(G)(ii) is amended by striking ‘‘section 6402(f)(4)(B)’’ and inserting ‘‘section 6402(f)(4)(C)’’. 

(212) Section 3306(b)(5)(F) is amended by striking the semicolon at the end and inserting a comma. 

(213) Section 3306(c)(19) is amended by striking ‘‘Service’’ 

and inserting ‘‘service’’. 

(214) Section 3306(u) is amended by striking ‘‘25 U.S.C. 

450b(e)’’ and inserting ‘‘25 U.S.C. 5304(e)’’. 

(215) Section 3306(v) is amended by striking ‘‘this part’’ 

and inserting ‘‘this section’’. 

(216) Section 3309(d) is amended by striking ‘‘25 U.S.C. 

450b(e)’’ and inserting ‘‘25 U.S.C. 5304(e)’’. 

(217)(A) Paragraphs (1), (2), (3), (4)(B), (5), (6), (8)(A)(ii), 

(8)(B), (8)(D), (9), (10)(B), (11), (12)(A), (12)(B), (12)(C), (13), 

(14), and (15) of section 3401(a) are each amended by striking 

‘‘; or’’ at the end and inserting a comma. 

(B) Paragraphs (4)(A), (8)(A)(i), (8)(C), (10)(A), (12)(D), and 

(22) of section 3401(a) are each amended by striking ‘‘; or’’ 

at the end and inserting ‘‘, or’’. 

(C) Section 3401(a)(12)(E) is amended by striking ‘‘, or’’ 

at the end and inserting a comma. 

(D) Paragraphs (16)(A), (16)(B), (17), (18), (19), (20), and 

(21) of section 3401(a) are each amended by striking the semicolon at the end and inserting a comma. 

(218) Section 3509(d)(1)(C) is amended by striking ‘‘sections’’ and inserting ‘‘section’’. 

(219) Section 4051(a)(3) is amended by striking ‘‘Secretary.’’ 

and inserting ‘‘Secretary).’’. 

(220) Section 4104(a)(1) is amended by striking ‘‘section’’ 

and inserting ‘‘sections’’. 

(221) Section 4221(a) is amended by striking ‘‘section 4051,’’ 

and inserting ‘‘section 4051’’. 

(222) The item relating to part III in the table of parts 

for subchapter C of chapter 33 is amended by striking ‘‘relating’’ 

and inserting ‘‘applicable’’. 

(223) Section 4612(e)(2)(B)(ii)(I) is amended by striking 

‘‘tranferred’’ and inserting ‘‘transferred’’. 

(224) Section 4958(f)(1)(D) is amended by striking the 

period at the end and inserting a comma. 

26 USC 4261 

prec. 

26 USC 2106. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1195 

(225) Section 4971(b) is amended by striking ‘‘minimum 

required contribution,’’ and all that follows through ‘‘whichever 

is applicable’’ and inserting the following: ‘‘minimum required 

contribution, accumulated funding deficiency, or CSEC accumulated funding deficiency, whichever is applicable’’. 

(226) Section 4971(c)(3) is amended by striking ‘‘applicable 

and’’ and inserting ‘‘applicable, and’’. 

(227) Section 4971(f) is amended by striking ‘‘applicable 

for’’ and inserting ‘‘applicable, for’’. 

(228) Section 4971(g)(4)(C)(ii) is amended by striking ‘‘section 432(i)(9)’’ and inserting ‘‘section 432(j)(9)’’. 

(229) Section 4975(d)(3) is amended by striking ‘‘an leveraged’’ and inserting ‘‘a leveraged’’. 

(230) Section 4975(d)(17) is amended by striking ‘‘Any’’ 

and inserting ‘‘any’’. 

(231) Section 4975(d)(21) is amended by striking ‘‘person 

person’’ and inserting ‘‘person’’. 

(232) Section 4975(f)(8)(C)(iv)(II) is amended by inserting 

‘‘subsection’’ before ‘‘(d)(17)(A)(ii)’’. 

(233) Section 4975(f)(8)(F)(i)(I) is amended by striking 

‘‘adviser,’’ and inserting ‘‘adviser’’. 

(234) Section 4975(f)(8)(F)(i)(V) is amended by inserting 

‘‘of’’ before ‘‘the manner’’. 

(235) Section 4980B(f)(1) is amended by striking ‘‘section 

2162 of the Public Health Service Act’’ and inserting ‘‘section 

1928(h)(6) of the Social Security Act (42 U.S.C. 1396s(h)(6))’’. 

(236) Section 4980B(f)(5)(C)(iii) is amended by striking ‘‘section 2701(c)(2)’’ and inserting ‘‘section 2704(c)(2)’’. 

(237) Section 4980I(b)(3)(C)(iv) is amended by striking the 

comma at the end and inserting a period. 

(238) Section 4980I(b)(3)(C)(v) is amended by striking ‘‘for 

for’’ and inserting ‘‘for’’. 

(239) Section 5054(a)(3)(B) is amended by striking ‘‘sections’’ and inserting ‘‘section’’. 

(240) Section 5066(d) is amended by striking ‘‘section 

5001(a)(5)’’ and inserting ‘‘section 5001(a)(4)’’. 

(241) The item relating to subpart C in the table of subparts 

for part II of subchapter A of chapter 51 is amended to read 

as follows: 

‘‘SUBPART C. RECORDKEEPING AND REGISTRATION BY DEALERS’’. 

(242) The item relating to section 5178 in the table of 

sections for subchapter B of chapter 51 is amended to read 

as follows: 

‘‘Sec. 5178. Premises of distilled spirits plants.’’. 

(243) Section 5182 is amended by striking ‘‘section 5112’’ 

and inserting ‘‘section 5121’’. 

(244) Section 5273(e)(2) is amended by striking ‘‘section 

5001(a)(6)’’ and inserting ‘‘section 5001(a)(5)’’. 

(245) Section 5314(a)(2) is amended by striking ‘‘section 

5001(a)(10)’’ and inserting ‘‘section 5001(a)(9)’’. 

(246) Section 5392(f) is amended by striking ‘‘section 

17(a)(5)’’ and inserting ‘‘section 117(a)(5)’’. 

(247) Section 5512 is amended by striking ‘‘section 

5001(a)(7)’’ and inserting ‘‘section 5001(a)(6)’’. 

26 USC 5171 

prec. 

26 USC 5101 

prec. 

26 USC 4971. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1196 PUBLIC LAW 115–141—MAR. 23, 2018 

(248) Section 5601(a)(15) is amended by striking ‘‘Withdraws,’’ and inserting ‘‘withdraws,’’. 

(249) The heading of section 5603 is amended by inserting 

a comma after ‘‘returns’’. 

(250) Section 5701(e) is amended by striking 

‘‘manufacturered’’ and inserting ‘‘manufactured’’. 

(251) The item relating to section 5847 in the table of 

sections for part I of subchapter B of chapter 53 is amended 

to read as follows: 

‘‘Sec. 5847. Effect on other laws.’’. 

(252) Section 5847 is amended by striking ‘‘section 414 

of the Mutual Security Act of 1954’’ and inserting ‘‘section 

38 of the Arms Export Control Act (22 U.S.C. 2778)’’. 

(253) The item relating to section 5852 in the table of 

sections for part II of subchapter B of chapter 53 is amended 

to read as follows: 

‘‘Sec. 5852. General transfer and making tax exemption.’’. 

(254) The item relating to section 5853 in the table of 

sections for part II of subchapter B of chapter 53 is amended 

to read as follows: 

‘‘Sec. 5853. Transfer and making tax exemption available to certain governmental 

entities.’’. 

(255) Section 6012(a)(6) is amended by striking ‘‘and’’ at 

the end. 

(256) Section 6012(a)(7) is amended by striking the period 

at the end and inserting ‘‘; and’’. 

(257) Section 6012(a)(8) is amended by striking ‘‘section 

63(c)(2)(D).’’ and inserting ‘‘section 63(c)(2)(C);’’. 

(258) Section 6033(b)(15) is amended by striking the period 

at the end and inserting ‘‘, and’’. 

(259) Section 6039(d)(2) is amended to read as follows: 

‘‘(2) the term ‘employee stock purchase plan’, see section 

423(b).’’. 

(260) The table of sections for subpart B of part III of 

subchapter A of chapter 61 is amended by inserting after the 

item relating to section 6041 the following new item: 

‘‘Sec. 6041A. Returns regarding payments of remuneration for services and direct 

sales.’’. 

(261) The item relating to section 6050I in the table of 

sections for subpart B of part III of subchapter A of chapter 

61 is amended to read as follows: 

‘‘Sec. 6050I. Returns relating to cash received in trade or business, etc.’’. 

(262) The item relating to section 6050W in the table 

of sections for subpart B of part III of subchapter A of chapter 

61 is amended to read as follows: 

‘‘Sec. 6050W. Returns relating to payments made in settlement of payment card 

and third party network transactions.’’. 

(263) Section 6050H(h)(3)(B)(i) is amended by striking 

‘‘Rural Housing Administration’’ and inserting ‘‘Rural Housing 

Service’’. 

26 USC 6041 

prec. 

26 USC 6041 

prec. 

26 USC 6041 

prec. 

26 USC 5851 

prec. 

26 USC 5851 

prec. 

26 USC 5841 

prec. 

26 USC 5601. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
PUBLIC LAW 115–141—MAR. 23, 2018 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. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1198 PUBLIC LAW 115–141—MAR. 23, 2018 

(283) Section 6334(a)(10)(A) is amended by striking ‘‘V,,’’ 

and inserting ‘‘V,’’. 

(284) Section 6342(a) is amended by striking ‘‘subsection 

(c)(2)’’ and inserting ‘‘subsection (d)(2)’’. 

(285) Section 6402(a) is amended by striking ‘‘(f) refund’’ 

and inserting ‘‘(f), refund’’. 

(286) Section 6402(c) is amended by striking ‘‘of of’’ and 

inserting ‘‘of’’. 

(287) Section 6402(d)(2) is amended by striking ‘‘section 

402(a)(26) of the Social Security Act’’ and inserting ‘‘section 

408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(3))’’. 

(288) Section 6404(g)(2)(E) is amended by striking ‘‘section 

6664(d)(2)(A)’’ and inserting ‘‘section 6664(d)(3)(A)’’. 

(289) Section 6420(i)(4) is amended by striking ‘‘State and’’ 

and inserting ‘‘State (and’’. 

(290) Section 6421(c) is amended by striking ‘‘(4) (5)’’ and 

inserting ‘‘(4), (5)’’. 

(291) Section 6421(j)(3) is amended by striking ‘‘State and’’ 

and inserting ‘‘State (and’’. 

(292) Section 6422 is amended— 

(A) by striking paragraph (7), 

(B) by redesignating paragraphs (8) through (12) as 

paragraphs (7) through (11), respectively, and 

(C) by striking ‘‘for credit’’ in paragraph (10) as so 

redesignated and inserting ‘‘For credit’’. 

(293) Section 6425(c)(1)(A) is amended by striking ‘‘The 

sum’’ and inserting ‘‘the sum’’. 

(294) Section 6426(b)(2)(A)(ii) is amended by striking 

‘‘cents..’’ and inserting ‘‘cents.’’. 

(295) Section 6501(m) is amended by striking ‘‘any election’’ 

and all that follows through ‘‘(or any’’ and inserting the following: ‘‘any election under section 30B(h)(9), 30C(e)(4), 

30D(e)(4), 35(g)(11), 40(f), 43, 45B, 45C(d)(4), 45H(g), or 51(j) 

(or any’’. 

(296) Section 6503(a)(1) is amended by striking ‘‘section 

6230(a)).’’ and inserting ‘‘section 6230(a))’’. 

(297) Section 6612(c) is amended— 

(A) by inserting ‘‘sections’’ before ‘‘2014(e)’’, and 

(B) by striking ‘‘and 6420’’ and inserting ‘‘6420’’. 

(298) The item relating to section 6651 in the table of 

sections for part I of subchapter A of chapter 68 is amended 

to read as follows: 

‘‘Sec. 6651. Failure to file tax return or to pay tax.’’. 

(299) Each of the following sections are amended by 

inserting ‘‘an amount equal to’’ after ‘‘increased by’’ and by 

inserting ‘‘for the calendar year’’ after ‘‘section 1(f)(3)’’: 

(A) Section 6651(i). 

(B) Section 6652(c)(7)(A). 

(C) Section 6695(h)(1). 

(D) Section 6698(e)(1). 

(E) Section 6699(e)(1). 

(F) Section 6721(f)(1). 

(G) Section 6722(f)(1). 

(300) Section 6652(e) is amended by striking ‘‘section 

6724(d)(2)(Y)’’ in the last sentence and inserting ‘‘section 

6724(d)(2)(AA)’’. 

26 USC 6651 

prec. 

26 USC 6334. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1199 

(301) Section 6654(a) is amended by striking ‘‘chapter 1 

the tax’’ and inserting ‘‘chapter 1, the tax’’. 

(302) Section 6654(f)(3) is amended by striking ‘‘taxes’’ and 

inserting ‘‘tax’’. 

(303) Section 6662(d)(3) is amended by striking ‘‘section 

6664(d)(2)’’ and inserting ‘‘section 6664(d)(3)’’. 

(304) Section 6662 is amended by moving subsection (i) 

before subsection (j). 

(305) The heading of section 6676(c) is amended by striking 

‘‘REASONABLE BASIS’’ and inserting ‘‘REASONABLE CAUSE’’. 

(306) The item relating to section 6684 in the table of 

sections for part I of subchapter B of chapter 68 is amended 

to read as follows: 

‘‘Sec. 6684. Assessable penalties with respect to liability for tax under chapter 42.’’. 

(307) The item relating to section 6686 in the table of 

sections for part I of subchapter B of chapter 68 is amended 

to read as follows: 

‘‘Sec. 6686. Failure to file returns or supply information by DISC or former FSC.’’. 

(308) Section 6679(a)(1) is amended by striking ‘‘section 

6046 and 6046A’’ and inserting ‘‘section 6046 or 6046A’’. 

(309) Section 6695(h)(2) is amended by striking ‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’. 

(310) Section 6695(h)(2)(B) is amended by striking ‘‘clause 

(i)’’ and inserting ‘‘subparagraph (A)’’. 

(311) Section 6696(a) is amended by striking ‘‘section 6694,’’ 

and inserting ‘‘sections 6694,’’. 

(312) Section 6696(d)(1) is amended by striking ‘‘section 

6695,’’ and inserting ‘‘6695,’’. 

(313) Section 6698(b)(2) is amended by adding a period 

at the end. 

(314) Section 6700(a) is amended by striking ‘‘the $1,000’’ 

and inserting ‘‘$1,000’’. 

(315) Section 6724(d)(1)(B)(xx) is amended by striking ‘‘or’’ 

at the end. 

(316) Section 6724(d)(1)(B)(xxi) is amended by striking 

‘‘and’’ at the end. 

(317) Section 6724(d)(1) is amended by striking ‘‘Such term 

also includes’’ and inserting the following: 

‘‘Such term also includes’’. 

(318) Section 6724(d)(2)(F) is amended by striking the 

period at the end and inserting a comma. 

(319) Section 6724(d)(2)(M) is amended by striking ‘‘(h)(2) 

relating’’ and inserting ‘‘(h)(2) (relating’’. 

(320) Section 6724(d)(2)(DD) is amended by adding a 

comma at the end. 

(321) Section 6863(a) is amended by striking ‘‘6852,,’’ and 

inserting ‘‘6852,’’. 

(322) Section 6901(a)(1)(B) is amended by striking ‘‘Code 

in’’ and inserting ‘‘Code, in’’. 

(323) Section 7275(b)(2) is amended by striking ‘‘taxes, 

shall’’ and inserting ‘‘taxes,’’. 

(324) Section 7421(b)(2) is amended by striking ‘‘Code in’’ 

and inserting ‘‘Code, in’’. 

(325)(A) Subsections (e) and (i) of section 7422 and sections 

3121(b)(5)(E), 6110(j)(1)(B), 7428(a), and 7430(c)(6) are each 

26 USC 6671 

prec. 

26 USC 6671 

prec. 

26 USC 6654. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1200 PUBLIC LAW 115–141—MAR. 23, 2018 

amended by striking ‘‘United States Claims Court’’ and 

inserting ‘‘United States Court of Federal Claims’’. 

(B) Subsections (a), (b), and (c)(1)(C)(iii) of section 7428 

are each amended by striking ‘‘Claims Court’’ and inserting 

‘‘Court of Federal Claims’’. 

(C) The heading of section 4961(c)(1) is amended by striking 

‘‘UNITED STATES CLAIMS COURT’’ and inserting ‘‘UNITED STATES

COURT OF FEDERAL CLAIMS’’. 

(D) Section 6672(c)(2) is amended by striking ‘‘Court of 

Claims’’ and inserting ‘‘Court of Federal Claims’’. 

(326) The item relating to section 7448 in the table of 

sections for part I of subchapter C of chapter 76 is amended 

to read as follows: 

‘‘Sec. 7448. Annuities to surviving spouses and dependent children of judges and 

special trial judges.’’. 

(327) Section 7448(j)(1)(A) is amended by striking ‘‘Code,),’’ 

and inserting ‘‘Code),’’. 

(328) Section 7448(m) is amended by striking ‘‘Code,’’ and 

inserting ‘‘Code),’’. 

(329) Section 7454(b) is amended by striking ‘‘4955),,’’ and 

inserting ‘‘4955),’’. 

(330) Section 7654(d)(1) is amended by striking ‘‘50 App. 

U.S.C. 501 et seq.’’ and inserting ‘‘50 U.S.C. 3901 et seq.’’. 

(331) Section 7701(a)(36)(B) is amended by striking ‘‘an 

‘tax’’ and inserting ‘‘a ‘tax’’. 

(332) Section 7701(e)(5)(B) is amended by striking 

‘‘Reconcilation’’ and inserting ‘‘Reconciliation’’. 

(333) Section 7801(a)(2)(B) is amended— 

(A) by striking ‘‘this Act’’ and inserting ‘‘the Homeland 

Security Act of 2002’’, and 

(B) by striking ‘‘effective date of the Homeland Security 

Act of 2002’’ and inserting ‘‘effective date of such Act’’. 

(334) Section 7809(c)(1) is amended by striking ‘‘Work’’ 

and inserting ‘‘work’’. 

(335) Section 7851(a)(1)(A) is amended by striking ‘‘, 4’’. 

(336) Section 7851(a)(1)(B) is amended by striking ‘‘Chapters 3 and 5’’ and inserting ‘‘Chapter 3’’. 

(337) Section 7871(c)(3)(D)(ii)(II) is amended by striking 

‘‘calender’’ and inserting ‘‘calendar’’. 

(338) Section 9003(b)(2) is amended by striking ‘‘section 

9006(d)’’ and inserting ‘‘section 9006(c)’’. 

(339) Section 9011(b)(1) is amended by striking ‘‘contrue’’ 

and inserting ‘‘construe’’. 

(340) Section 9502(d)(2) is amended by striking ‘‘farms,’’ 

and inserting ‘‘farms),’’. 

(341) Section 9503(c)(5) is amended by striking ‘‘and before 

October 1, 2011,’’. 

(342) Section 9508(c)(1) is amended by striking ‘‘the Public’’ 

and inserting ‘‘Public’’. 

(343) Section 9701(a)(4) is amended by striking ‘‘section 

9713A’’ and inserting ‘‘section 9712’’. 

(344) Section 9704(d)(2)(B) is amended by striking ‘‘1232)),’’ 

and inserting ‘‘1232),’’. 

(345) Section 9705(b)(1) is amended by striking ‘‘1232(h)’’ 

and inserting ‘‘1232’’. 

26 USC 7441 

prec. 

26 USC 7428. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1201 

(346) Section 9705(b)(2) is amended by striking ‘‘Acts’’ and 

inserting ‘‘Act’’. 

(347) Section 9711(c)(4)(B) is amended by striking ‘‘paragraph (4)(C)’’ and inserting ‘‘paragraph (3)(C)’’. 

(348) Section 9712(a)(4)(A) is amended by inserting ‘‘section 

402 of’’ after ‘‘subsections (h) and (i) of’’. 

(349) Section 9812(a)(3)(B)(i) is amended by striking the 

comma at the end and inserting a period. 

(350) Section 302 of division P of the Consolidated Appropriations Act, 2016 is amended— 

(A) in subsection (a), by inserting ‘‘of the Internal Revenue Code of 1986’’ after ‘‘section 48(a)(5)(C)’’, and 

(B) in subsection (b), by inserting ‘‘of such Code’’ after 

‘‘section 48(a)’’. 

(351) Section 32103(a) of the Fixing America’s Surface 

Transportation Act is amended by striking ‘‘section 52106’’ and 

inserting ‘‘section 32102’’. 

(352) Section 7518(i) is amended— 

(A) by striking ‘‘section 607(k) of the Merchant Marine 

Act, 1936’’ and inserting ‘‘chapter 535 of title 46, United 

States Code,’’, and 

(B) by striking ‘‘such section 607(k)’’ and inserting 

‘‘such chapter’’. 

(b) GENERAL DEADWOOD-RELATED PROVISIONS.— 

(1) Section 25A(c)(1) is amended by striking ‘‘($5,000 in 

the case of taxable years beginning before January 1, 2003)’’. 

(2) Section 26(b)(2) is amended by striking subparagraph 

(P). 

(3) Section 30C(e) is amended by striking paragraph (6) 

and redesignating paragraph (7) as paragraph (6). 

(4) Section 32(l) is amended by striking ‘‘, and any payment 

made to such individual (or such spouse) by an employer under 

section 3507,’’. 

(5)(A) Section 38(c)(5) is amended— 

(i) by striking all that precedes subparagraph (C) 

thereof and inserting the following: 

‘‘(5) RULES RELATED TO ELIGIBLE SMALL BUSINESSES.—’’, 

(ii) by redesignating subparagraphs (C) and (D) as 

subparagraphs (A) and (B), respectively, and 

(iii) by amending subparagraph (B) (as so redesignated) 

to read as follows: 

‘‘(B) TREATMENT OF PARTNERS AND S CORPORATION

SHAREHOLDERS.—For purposes of paragraph (4)(B)(ii), any 

credit determined under section 41 with respect to a partnership or S corporation shall not be treated as a specified 

credit by any partner or shareholder unless such partner 

or shareholder meets the gross receipts test under subparagraph (A) for the taxable year in which such credit is 

treated as a current year business credit.’’. 

(B) Section 38(c)(2)(A)(ii)(II) is amended by striking ‘‘the 

eligible small business credits,’’. 

(C) Section 38(c)(4)(A)(ii)(II) is amended by striking ‘‘the 

eligible small business credits and’’. 

(D) Section 38(c)(4)(B)(ii) is amended by striking ‘‘(as 

defined in paragraph (5)(C), after application of rules similar 

to the rules of paragraph (5)(D))’’ and inserting ‘‘(as defined 

26 USC 6303. 

26 USC 48. 

26 USC 9705. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1202 PUBLIC LAW 115–141—MAR. 23, 2018 

in paragraph (5)(A) after application of the rules of paragraph 

(5)(B))’’. 

(E) Section 39(a) is amended by striking paragraph (4). 

(F) Section 39(a)(3)(A) is amended by striking ‘‘or the 

eligible small business credits’’. 

(6) Section 41(c)(4)(A), as amended by the preceding provisions of this Act, is amended by striking ‘‘(12 percent in the 

case of taxable years ending before January 1, 2009)’’. 

(7) Section 56(b)(1)(E) is amended by striking the last sentence. 

(8) Section 56(d)(1)(A)(ii)(I) is amended by inserting ‘‘(as 

in effect before its repeal by the Tax Increase Prevention Act 

of 2014)’’ after ‘‘section 172(b)(1)(H)’’. 

(9) Section 126(a) is amended by striking paragraph (7) 

and by redesignating paragraphs (8) and (9) as paragraphs 

(7) and (8), respectively. 

(10)(A) Section 139(c)(2) is amended by striking ‘‘section 

165(h)(3)(C)(i)’’ and inserting ‘‘section 165(i)(5)(A)’’. 

(B) Section 7508A(a) is amended by striking ‘‘section 

165(h)(3)(C)(i)’’ and inserting ‘‘section 165(i)(5)(A)’’. 

(11) Section 140(a) is amended by striking paragraph (2) 

and by redesignating paragraphs (3) through (6) as paragraphs 

(2) through (5), respectively. 

(12) Section 163(d)(4) is amended by striking subparagraph 

(E). 

(13)(A) Section 168 is amended by striking subsection (n). 

(B) The amendment made by this paragraph shall not 

apply to property placed in service before the date of the enactment of this Act. 

(14) Section 170(e)(3) is amended by striking subparagraph 

(D) and redesignating subparagraph (E) as subparagraph (D). 

(15)(A) Section 179 is amended by striking subsection (e) 

and redesignating subsection (f) as subsection (e). 

(B) Section 179(d)(1)(B)(ii) is amended by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (e)’’. 

(C) The amendments made by this paragraph shall not 

apply to property placed in service before the date of the enactment of this Act. 

(16) Section 196(d) is amended— 

(A) by striking ‘‘in the case of—’’ and all that follows 

and inserting ‘‘in the case of the investment credit determined under section 46 (other than the rehabilitation 

credit).’’, and 

(B) by striking ‘‘AND RESEARCH CREDIT’’ in the heading 

thereof. 

(17) Section 246A(b)(1) is amended by striking ‘‘without 

regard to section 243(d)(4)’’. 

(18) Section 381(c)(16) is amended by striking the second 

sentence. 

(19) Section 411(a)(3)(F)(i) is amended by striking ‘‘under 

section 418D or’’. 

(20) Section 415(g) is amended by striking ‘‘subsection 

(f)(3)’’ and inserting ‘‘subsection (f)(2)’’. 

(21)(A) Section 419(e)(3)(A) is amended by striking ‘‘(17), 

or (20)’’ and inserting ‘‘or (17)’’. 

(B) Section 419A(g)(1) is amended by striking ‘‘(17), or 

(20)’’ and inserting ‘‘or (17)’’. 

26 USC 179 note. 

26 USC 168 note. 

26 USC 39. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1203 

(C) Section 419A(g)(2) is amended by striking ‘‘(17), or 

(20)’’ and inserting ‘‘or (17)’’. 

(D) Section 505 is amended— 

(i) in the heading thereof, by striking ‘‘paragraph (9), (17),

or (20)

’’ and inserting ‘‘paragraph (9) or (17)’’, 

(ii) in the heading of subsection (a), by striking ‘‘PARAGRAPH (9) OR (20) OF SECTION 501(c)’’ and inserting ‘‘SECTION 501(c)(9)’’, 

(iii) in subsection (a)(1), by striking ‘‘paragraph (9) 

or (20) of subsection (c) of section 501’’ and inserting ‘‘section 501(c)(9)’’, and 

(iv) in subsection (c)(1), by striking ‘‘paragraph (9), 

(17), or (20)’’ and inserting ‘‘paragraph (9) or (17)’’. 

(E) Subparagraphs (A), (C), and (D) of section 512(a)(3) 

are each amended in the text thereof by striking ‘‘(17), or 

(20)’’ and inserting ‘‘or (17)’’. 

(F) Subparagraphs (B)(ii) and (E) of section 512(a)(3) are 

each amended in the text thereof by striking ‘‘, (17), or (20)’’ 

and inserting ‘‘or (17)’’. 

(G) The heading of section 512(a)(3) is amended by striking 

‘‘(17), OR (20)’’ and inserting ‘‘OR (17)’’. 

(H) The heading of section 512(a)(3)(E) is amended by 

striking ‘‘, (17), OR (20)’’ and inserting ‘‘OR (17)’’. 

(I) The item relating to section 505 in the table of sections 

for part I of subchapter F of chapter 1 is amended to read 

as follows: 

‘‘Sec. 505. Additional requirements for organizations described in paragraph (9) or 

(17) of section 501(c).’’. 

(22) Section 501(p)(4) is amended by striking ‘‘, 556(b)(2)’’. 

(23) Section 530(b)(3) is amended— 

(A) by striking ‘‘(as defined in section 170(e)(6)(F)(i))’’ 

in subparagraph (A)(iii), and 

(B) by adding at the end the following new subparagraph: 

‘‘(C) COMPUTER TECHNOLOGY OR EQUIPMENT.—The 

term ‘computer technology or equipment’ means computer 

software (as defined by section 197(e)(3)(B)), computer or 

peripheral equipment (as defined by section 168(i)(2)(B)), 

and fiber optic cable related to computer use.’’. 

(24) Section 593(b)(2)(D)(iv) is amended by striking ‘‘(determined without regard to section 596)’’. 

(25) Section 597(c)(1) is amended by striking ‘‘or section 

21A of the Federal Home Loan Bank Act’’. 

(26) Section 613A(c)(6) is amended by striking subparagraph (H). 

(27) Section 664(g)(3)(E) is amended by striking ‘‘limitations 

under sections 415(c) and (e)’’ and inserting ‘‘limitation under 

section 415(c)’’. 

(28) Section 856(m) is amended by striking paragraph (6). 

(29) Section 871(a)(3) is amended by striking the last sentence thereof. 

(30) Section 992(d) is amended by striking paragraph (6), 

by inserting ‘‘or’’ at the end of paragraph (5), and by redesignating paragraph (7) as paragraph (6). 

(31) Section 1245(a)(3)(C) is amended by striking ‘‘, 185’’. 

26 USC 501 prec. 

26 USC 419A. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1204 PUBLIC LAW 115–141—MAR. 23, 2018 

(32)(A) Section 1252(a)(1) is amended by striking ‘‘during 

a taxable year beginning’’. 

(B) Section 1252(a)(1)(A) is amended— 

(i) by striking ‘‘sections’’ and inserting ‘‘section’’, and 

(ii) by striking ‘‘and 182’’ and all that follows through 

‘‘for expenditures’’ and inserting ‘‘for expenditures’’. 

(C) Section 1252(a)(2) is amended— 

(i) by striking ‘‘sections’’ and inserting ‘‘section’’, and 

(ii) by striking ‘‘or 182’’ and all that follows and 

inserting a period. 

(33) Section 1374(d)(2)(B) is amended by striking the last 

sentence. 

(34) Section 3111 is amended by striking subsection (d). 

(35) Section 3127(b)(3) is amended by striking ‘‘or 222(b)’’. 

(36) Section 3221 is amended by striking subsection (c) 

and by redesignating subsection (d) as subsection (c). 

(37) Section 3301 is amended by striking ‘‘equal to—’’ and 

all that follows and inserting ‘‘equal to 6 percent of the total 

wages (as defined in section 3306(b)) paid by such employer 

during the calendar year with respect to employment (as 

defined in section 3306(c)).’’. 

(38) Section 3302(c)(2) is amended by striking the next 

to last sentence. 

(39) Section 3302(f)(2) is amended— 

(A) by striking ‘‘(or, for purposes of applying this 

subparagraph to taxable year 1983, September 30, 1981)’’ 

in subparagraph (D), and 

(B) by striking the last sentence. 

(40) Section 4042(b)(1) is amended by adding ‘‘and’’ at 

the end of subparagraph (A), by striking ‘‘, and’’ at the end 

of subparagraph (B) and inserting a period, and by striking 

subparagraph (C). 

(41) Section 4042(b)(2) is amended by striking subparagraph (C). 

(42) Section 4261(b)(1) is amended by striking ‘‘a tax in 

the amount’’ and all that follows and inserting ‘‘a tax in the 

amount of $3.00.’’. 

(43) Section 4481(d) is amended to read as follows: 

‘‘(d) ONE TAX LIABILITY PER PERIOD.—To the extent that the 

tax imposed by this section is paid with respect to any highway 

motor vehicle for any taxable period, no further tax shall be imposed 

by this section for such taxable period with respect to such vehicle.’’. 

(44) Section 4971(d) is amended by striking the last sentence. 

(45) Section 6050G(a)(2) is amended by striking ‘‘(to the 

extent not previously taken into account under section 

72(d)(1))’’. 

(46) Section 6215(b) is amended by striking paragraph 

(5) and by redesignating paragraphs (6) and (7) as paragraphs 

(5) and (6), respectively. 

(47) Section 6601(b) is amended by striking paragraph 

(2) and by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively. 

(48) Section 6654(d)(1)(C)(i) is amended by striking ‘‘by 

substituting’’ and all that follows and inserting ‘‘by substituting 

‘110 percent’ for ‘100 percent’.’’. 

26 USC 1252. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1205 

(49) Section 6654(d)(1) is amended by striking subparagraph (D). 

(50) Part II of subchapter C of chapter 75 is amended 

by striking section 7326 (and by striking the item relating 

to such section in the table of sections for such part). 

(51) Section 7448(a)(5) is amended by striking ‘‘, whether 

or not performing judicial duties under section 7443B’’. 

(52) Section 7448(a)(6) is amended by striking ‘‘, and compensation received under section 7443B’’. 

(53) Section 7448(d) is amended by striking ‘‘at 4 percent 

per annum to December 31, 1947, and 3 percent per annum 

thereafter’’ and inserting ‘‘at 3 percent per annum’’. 

(54) Section 7701(a)(19)(A) is amended by striking ‘‘either 

(i)’’ and all that follows through ‘‘(ii)’’. 

(55) Section 7701(a)(32)(A) is amended to read as follows: 

‘‘(A) is subject by law to supervision and examination 

by State or Federal authority having supervision over such 

institutions, and’’. 

(56) Section 8021 is amended by striking subsection (f). 

(57) Section 8022(3) is amended by striking subparagraph 

(C). 

(c) REPEAL OF CERTAIN OBSOLETE BOND PROVISIONS.— 

(1) CERTAIN RULES WITH RESPECT TO BONDS ISSUED BEFORE

JULY 2, 1982.— 

(A) Section 1271 is amended— 

(i) by striking subsection (c) and by redesignating 

subsection (d) as subsection (c), and 

(ii) by striking ‘‘(and paragraph (2) of subsection 

(c))’’ in subsection (a)(2)(B). 

(B) Section 1272 is amended by striking subsection 

(b) and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 

(C) Section 163(e)(1) is amended by striking ‘‘In the 

case of any debt instrument issued after July 1, 1982, 

the portion of the original issue discount with respect to 

such debt instrument which is’’ and inserting ‘‘The portion 

of the original issue discount with respect to any debt 

instrument which is’’. 

(D) Section 1271(a)(2)(A)(ii) is amended by striking 

‘‘subsection (a)(7) or (b)(4) of section 1272’’ and inserting 

‘‘section 1272(a)(7)’’. 

(E) Section 1271(b)(1) is amended to read as follows: 

‘‘(1) IN GENERAL.—This section shall not apply to any 

obligation issued by a natural person before June 9, 1997.’’. 

(F) Section 1272(a) is amended— 

(i) by striking ‘‘ON DEBT INSTRUMENTS ISSUED

AFTER JULY 1, 1982,’’ in the heading, and 

(ii) by striking ‘‘issued after July 1, 1982’’ in paragraph (1). 

(G) Section 1278(a)(4)(B) is amended by striking ‘‘or 

(b)(4)’’. 

(H) The amendments made by this paragraph shall 

apply to debt instruments issued on or after July 2, 1982. 

(2) CERTAIN RULES WITH RESPECT TO STRIPPED BONDS PURCHASED BEFORE JULY 2, 1982.— (A) Section 1286, as amended by this section, is 

amended by striking subsection (c) and by redesignating 

26 USC 163 note. 

26 USC 7321 

prec. 

26 USC 6654. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1206 PUBLIC LAW 115–141—MAR. 23, 2018 

subsections (d), (e), (f), and (g) as subsections (c), (d), (e), 

and (f), respectively. 

(B) Subsections (a) and (b) of section 1286 are each 

amended by striking ‘‘after July 1, 1982,’’. 

(C) Section 1286(d)(5), as redesignated by subparagraph (A), is amended by striking the last sentence. 

(D) Section 305(e)(7) is amended by striking ‘‘1286(f)’’ 

and inserting ‘‘1286(e)’’. 

(E) The amendments made by this paragraph shall 

apply to bonds purchased on or after July 2, 1982. 

(3) CERTAIN RULES WITH RESPECT TO OBLIGATIONS ISSUED

BEFORE MARCH 2, 1984.— (A) Section 1272(a)(2) is amended by striking subparagraph (D) and by redesignating subparagraph (E) as 

subparagraph (D). 

(B) Section 163(e)(4) is amended to read as follows: 

‘‘(4) EXCEPTION.—This subsection shall not apply to any 

debt instrument described in section 1272(a)(2)(D) (relating 

to loans between natural persons).’’. 

(C) The amendments made by this paragraph shall 

apply to obligations issued on or after March 2, 1984. 

(d) DEADWOOD PROVISIONS INVOLVING REPEAL OF ONE OR MORE

SECTIONS.— 

(1) PUERTO RICO ECONOMIC ACTIVITY CREDIT; PUERTO RICO

AND POSSESSION TAX CREDIT.— 

(A) POSSESSION TAX CREDIT.—Section 27 is amended 

to read as follows: 

‘‘SEC. 27. TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF THE 

UNITED STATES. 

‘‘The amount of taxes imposed by foreign countries and possessions of the United States shall be allowed as a credit against 

the tax imposed by this chapter to the extent provided in section 

901’’. 

(B) PUERTO RICO ECONOMIC ACTIVITY CREDIT.—Subpart 

C of part IV of subchapter A of chapter 1 is amended 

by striking section 30A (and by striking the item relating 

to such section in the table of sections for such subpart). 

(C) PUERTO RICO AND POSSESSION TAX CREDIT.—Subpart C of part III of subchapter N of chapter 1 is amended 

by striking section 936 (and by striking the item relating 

to such section in the table of sections for such subpart). 

(D) CONFORMING AMENDMENTS.— (i) The item relating to section 27 in the table 

of sections for subpart B of part IV of subchapter 

A of chapter 1 is amended to read as follows: 

‘‘Sec. 27. Taxes of foreign countries and possessions of the United States.’’. 

(ii) Sections 26(a)(1), 59(a)(1), 469(c)(3)(B), and 

469(d)(2)(A)(ii) are each amended by striking ‘‘27(a)’’ 

and inserting ‘‘27’’. 

(iii) Section 45C(d)(2) is amended— 

(I) by striking subparagraph (B), 

(II) by redesignating clauses (i) and (ii) of 

subparagraph (A) as subparagraphs (A) and (B), 

respectively, and moving such subparagraphs (as 

so redesignated) 2 ems to the left, and 

26 USC 27 prec. 

26 USC 931 prec. 

26 USC 27 prec. 

26 USC 163 note. 

26 USC 305 note. 

26 USC 1286. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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) 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). 

26 USC 168. 


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132 STAT. 1208 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(D) Clause (i) of section 954(c)(3)(A) (relating to certain 

income received from related persons).’’. 

(xi) Section 865(j)(3) is amended by striking ‘‘, 

933, and 936’’ and inserting ‘‘and 933’’. 

(xii) Section 901(g)(2) is amended by inserting ‘‘(as 

in effect on the day before the date of the enactment 

of the Tax Technical Corrections Act of 2018)’’ after 

‘‘section 936’’. 

(xiii) Section 904(b) is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). 

(xiv) Section 904(f)(1) is amended by striking ‘‘and 

section 936’’. 

(xv) Section 1202(e)(4) is amended by striking 

subparagraph (B) and by redesignating subparagraphs 

(C) and (D) as subparagraphs (B) and (C), respectively. 

(xvi) Section 1361(b)(2) is amended by adding ‘‘or’’ 

at the end of subparagraph (B), by striking subparagraph (C), and by redesignating subparagraph (D) as 

subparagraph (C). 

(xvii)(I) Section 1504(b) is amended by striking 

paragraph (4) and by redesignating paragraphs (6), 

(7), and (8) as paragraphs (4), (5), and (6), respectively. 

(II) Section 243(b)(2) is amended by striking ‘‘, 

1504(b)(4),’’. 

(III) Section 332(d)(2)(B) is amended by striking 

‘‘paragraphs (2) and (4)’’ and inserting ‘‘paragraph (2)’’. 

(IV) Section 864(e)(5)(A) is amended by striking 

‘‘(determined without regard to paragraph (4) of section 

1504(b))’’. 

(V) Section 864(f) is amended in paragraphs 

(1)(C)(i) and (2) by striking ‘‘paragraphs (2) and (4)’’ 

and inserting ‘‘paragraph (2)’’. 

(xviii) Section 6091(b)(2)(B) is amended by striking 

clause (ii) and by redesignating clauses (iii) and (iv) 

as clauses (ii) and (iii), respectively. 

(xix) Section 6654(d)(2)(D) is amended— 

(I) by striking ‘‘936(h) or’’ in clause (i), and 

(II) by striking ‘‘AND SECTION 936’’ in the 

heading. 

(xx) Section 6655(e)(4) is amended— 

(I) by striking ‘‘936(h) or’’ in subparagraph 

(A), and 

(II) by striking ‘‘AND SECTION 936’’ in the 

heading. 

(2) ENERGY EFFICIENT APPLIANCE CREDIT.— 

(A) IN GENERAL.—Subpart D of part IV of subchapter 

A of chapter 1 is amended by striking section 45M (and 

by striking the item relating to such section in the table 

of sections for such subpart). 

(B) CONFORMING AMENDMENT.—Section 38(b), as 

amended by the preceding provisions of this Act, is 

amended by striking paragraph (24) and by redesignating 

paragraphs (25) through (37) as paragraphs (24) through 

(36), respectively. 

(3) QUALIFYING THERAPEUTIC DISCOVERY PROJECT CREDIT.— 

26 USC 30 prec. 

26 USC 865. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1209 

(A) IN GENERAL.—Subpart E of part IV of subchapter 

A of chapter 1 is amended by striking section 48D (and 

by striking the item relating to such section in the table 

of sections for such subpart). 

(B) CONFORMING AMENDMENTS.— (i) Section 49(a)(1)(C) is amended by adding ‘‘and’’ 

at the end of clause (iv), by striking ‘‘, and’’ at the 

end of clause (v) and inserting a period, and by striking 

clause (vi). 

(ii) Section 50(a)(2)(E) is amended by striking 

‘‘48C(b)(2), or 48D(b)(4)’’ and inserting ‘‘or 48C(b)(2)’’. 

(iii) Section 280C is amended by striking the subsection (g) which relates to the qualifying therapeutic 

discovery project credit. 

(C) SAVINGS PROVISION.—In the case of the repeal of 

section 48D(e)(1) of the Internal Revenue Code of 1986, 

the amendments made by this paragraph shall not apply 

to expenditures made in taxable years beginning before 

January 1, 2011. 

(4) DC ZONE PROVISIONS.— 

(A) IN GENERAL.—Chapter 1 is amended by striking 

subchapter W (and by striking the item relating to such 

subchapter in the table of subchapters for such chapter). 

(B) CONFORMING AMENDMENTS.— 

(i) Section 23(c)(1) is amended by striking ‘‘sections 

25D and 1400C’’ and inserting ‘‘section 25D’’. 

(ii) Section 25(e)(1)(C) is amended by striking ‘‘sections 23, 25D, and 1400C’’ and inserting ‘‘sections 23 

and 25D’’. 

(iii) Section 45D(h) is amended by striking ‘‘sections 1202, 1400B, and 1400F’’ and inserting ‘‘section 

1202’’. 

(iv) Section 1016(a) is amended by striking paragraph (27). 

(v) Section 1202(a)(2)(B) is amended by inserting 

‘‘(as in effect before its repeal)’’ after ‘‘1400B(b)’’. 

(vi) Section 1223(13) is amended by striking ‘‘sections 1202(a)(2), 1202(c)(2)(A), 1400B(b), and 1400F(b)’’ 

and inserting ‘‘subsections (a)(2) and (c)(2)(A) of section 

1202’’. 

(vii) Section 1397B(b)(1) is amended by striking 

subparagraph (B). 

(C) SAVINGS PROVISIONS.—The amendments made by 

this paragraph shall not apply to— 

(i) in the case of the repeal of section 1400A of 

the Internal Revenue Code of 1986, obligations 

described in section 1394 of such Code (as in effect 

before its repeal) which were issued before January 

1, 2012, 

(ii) in the case of the repeal of section 1400B 

of such Code, DC Zone assets (as defined in such 

section, as in effect before its repeal) which were 

acquired by the taxpayer before January 1, 2012, and 

(iii) in the case of the repeal of section 1400C 

of such Code, principal residences acquired before 

January 1, 2012. 

(5) RENEWAL COMMUNITY PROVISIONS.— 

26 USC 1400A 

note. 

26 USC 1 prec. 

26 USC 48D 

note. 

26 USC 49. 

26 USC 46 prec. 


whamilton on LAP1Z6H6L3PROD with PUBLAW
132 STAT. 1210 PUBLIC LAW 115–141—MAR. 23, 2018 

(A) IN GENERAL.—Chapter 1 is amended by striking 

subchapter X (and by striking the item relating to such 

subchapter in the table of subchapters for such chapter). 

(B) CONFORMING AMENDMENTS.— (i) Section 469(i)(3) is amended by striking 

subparagraph (C) and by redesignating subparagraphs 

(D), (E), and (F) as subparagraphs (C), (D), and (E), 

respectively. 

(ii) Section 469(i)(3)(D), as so redesignated, is 

amended to read as follows: 

‘‘(D) ORDERING RULE.—Paragraph (1) shall be applied 

for any taxable year— 

‘‘(i) first, to the passive activity loss, 

‘‘(ii) second, to the portion of the passive activity 

credit to which subparagraph (B) and (C) does not 

apply, 

‘‘(iii) third, to the portion of such credit to which 

subparagraph (B) applies, and 

‘‘(iv) then, to the portion of such credit to which 

subparagraph (C) applies.’’. 

(iii) Section 469(i)(6)(B) is amended— 

(I) by striking ‘‘, REHABILITATION CREDIT, OR

COMMERCIAL REVITALIZATION DEDUCTION’’ in the 

heading and inserting ‘‘OR REHABILITATION

CREDIT’’, 

(II) by adding ‘‘or’’ at the end of clause (i), 

(III) by striking ‘‘, or’’ at the end of clause 

(ii) and inserting a comma, and 

(IV) by striking clause (iii). 

(iv) Section 1397B(b)(1), as amended by the preceding provisions of this Act, is amended by adding 

at the end the following new subparagraph: 

‘‘(B) REFERENCES.—Any reference in this paragraph 

to section 1400F shall be treated as reference to such 

section before its repeal.’’. 

(v) Section 1397B(b)(5) is amended by striking 

‘‘which is sold—’’ and all that follows and inserting 

‘‘which is sold, the taxpayer’s holding period for such 

asset and the asset referred to in subsection (a)(1) 

shall be determined without regard to section 1223.’’. 

(C) SAVINGS PROVISIONS.—The amendments made by 

this paragraph shall not apply to— 

(i) in the case of the repeal of section 1400F of 

the Internal Revenue Code of 1986, qualified community assets (as defined in such section, as in effect 

before its repeal) which were acquired by the taxpayer 

before January 1, 2010, 

(ii) in the case of the repeal section 1400H of 

such Code, wages paid or incurred before January 1, 

2010, 

(iii) in the case of the repeal of section 1400I 

of such Code, qualified revitalization buildings (as 

defined in such section, as in effect before its repeal) 

which were placed in service before January 1, 2010, 

and 

(iv) in the case of the repeal of section 1400J 

of such Code, property acquired before January 1, 2010. 

26 USC 1400F 

note. 

26 USC 469. 

26 USC 1 prec. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1211 

(6) SHORT-TERM REGIONAL BENEFITS.— 

(A) IN GENERAL.—Chapter 1 is amended by striking 

subchapter Y (and by striking the item relating to such 

subchapter in the table of subchapters for such chapter). 

(B) CONFORMING AMENDMENTS.— 

(i) Section 38(b), as amended by the preceding 

provisions of this Act, is amended by striking paragraphs (26), (27), (28), and (29) and by redesignating 

paragraphs (30) through (36) as paragraphs (26) 

through (32), respectively. 

(ii) Section 38(c)(2)(A)(ii)(II), as amended by the 

preceding provisions of this Act, is amended by striking 

‘‘, the New York Liberty Zone business employee 

credit,’’. 

(iii) Section 38(c) is amended by striking paragraph 

(3). 

(iv) Section 280C(a), as amended by the preceding 

provisions of this Act, is amended by striking ‘‘1396(a), 

1400P(b), and 1400R’’ and inserting ‘‘and 1396(a)’’. 

(v) Section 6033(b)(14) is amended by striking 

‘‘including the amount and use of qualified contributions to which section 1400S(a) applies,’’. 

(vi) Section 6049(d)(8)(A) is amended— 

(I) by striking ‘‘or 1400N(l)(6)’’, and 

(II) by striking ‘‘or 1400N(l)(2)(D), as the case 

may be’’. 

(C) SAVINGS PROVISIONS.—The amendments made by 

this paragraph shall not apply to— 

(i) in the case of the repeal of section 1400L(a) 

of the Internal Revenue Code of 1986, qualified wages 

(as defined in such section, as in effect before its repeal) 

which were paid or incurred before January 1, 2004, 

(ii) in the case of the repeal of subsections (b) 

and (f) of section 1400L of such Code, qualified New 

York Liberty Zone property (as defined in section 

1400L(b) of such Code, as in effect before its repeal) 

placed in service before January 1, 2010, 

(iii) in the case of the repeal of section 1400L(c) 

of such Code, qualified New York Liberty Zone leasehold improvement property (as defined in such section, 

as in effect before its repeal) placed in service before 

January 1, 2007, 

(iv) in the case of the repeal of section 1400L(d) 

of such Code, qualified New York Liberty bonds (as 

defined in such section, as in effect before its repeal) 

issued before January 1, 2014, 

(v) in the case of the repeal of section 1400L(e) 

of such Code, advanced refundings before January 1, 

2006, 

(vi) in the case of the repeal of section 1400L(g) 

of such Code, property which is compulsorily or involuntarily converted as a result of the terrorist attacks 

on September 11, 2001, 

(vii) in the case of the repeal of section 1400N(a) 

of such Code, obligations issued before January 1, 2012, 

26 USC 1400L 

note. 

26 USC 38. 

26 USC 1 prec. 


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132 STAT. 1212 PUBLIC LAW 115–141—MAR. 23, 2018 

(viii) in the case of the repeal of section 1400N(b) 

of such Code, advanced refundings before January 1, 

2011, 

(ix) in the case of the repeal of section 1400N(d) 

of such Code, property placed in service before January 

1, 2012, 

(x) in the case of the repeal of section 1400N(e) 

of such Code, property placed in service before January 

1, 2009, 

(xi) in the case of the repeal of subsections (f) 

and (g) of section 1400N of such Code, amounts paid 

or incurred before January 1, 2008, 

(xii) in the case of the repeal of section 1400N(h) 

of such Code, amounts paid or incurred before January 

1, 2012, 

(xiii) in the case of the repeal of section 

1400N(k)(1)(B) of such Code, losses arising in taxable 

years beginning before January 1, 2008, 

(xiv) in the case of the repeal of section 1400N(l) 

of such Code, bonds issued before January 1, 2007, 

(xv) in the case of the repeal of section 1400Q(a) 

of such Code, distributions before January 1, 2007, 

(xvi) in the case of the repeal of section 1400Q(b) 

of such Code, contributions before March 1, 2006, 

(xvii) in the case of the repeal of section 1400Q(c) 

of such Code, loans made before January 1, 2007, 

(xviii) in the case of the repeal of section 1400R 

of such Code, wages paid or incurred before January 

1, 2006, 

(xix) in the case of the repeal of section 1400S(a) 

of such Code, contributions paid before January 1, 

2006, 

(xx) in the case of the repeal of section 1400T 

of such Code, financing provided before January 1, 

2011, and 

(xxi) in the case of the repeal of part III of subchapter Y of chapter 1 of such Code, obligations issued 

before January 1, 2011. 

(7) PROVISIONS RELATED TO COBRA PREMIUM ASSISTANCE.— 

(A) IN GENERAL.—Subchapter B of chapter 65 is 

amended by striking section 6432 (and by striking the 

item relating to such section in the table of sections for 

such subchapter). 

(B) NOTIFICATION REQUIREMENT.—Part I of subchapter 

B of chapter 68 is amended by striking section 6720C 

(and by striking the item relating to such section in the 

table of sections for such part). 

(C) EXCLUSION FROM GROSS INCOME.—Part III of subchapter B of chapter 1 is amended by striking section 

139C (and by striking the item relating to such section 

in the table of sections for such part). 

(8) EFFECTIVE DATE OF PRESIDENTIAL ELECTION CAMPAIGN

FUND.—Chapter 95 is amended by striking section 9013 (and 

by striking the item relating to such section in the table of 

sections for such chapter). 

(e) GENERAL SAVINGS PROVISION WITH RESPECT TO DEADWOOD

PROVISIONS.—If— 

26 USC 23 note. 

26 USC 9001 

prec. 

26 USC 101 prec. 

26 USC 6671 

prec. 

26 USC 6411 

prec. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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—CLOUD ACT 

SEC. 101. SHORT TITLE. 

This division may be cited as the ‘‘Clarifying Lawful Overseas 

Use of Data Act’’ or the ‘‘CLOUD Act’’. 

SEC. 102. CONGRESSIONAL FINDINGS. 

Congress finds the following: 

(1) Timely access to electronic data held by communications-service providers is an essential component of government 

efforts to protect public safety and combat serious crime, 

including terrorism. 

(2) Such efforts by the United States Government are being 

impeded by the inability to access data stored outside the 

United States that is in the custody, control, or possession 

of communications-service providers that are subject to jurisdiction of the United States. 

(3) Foreign governments also increasingly seek access to 

electronic data held by communications-service providers in 

the United States for the purpose of combating serious crime. 

(4) Communications-service providers face potential conflicting legal obligations when a foreign government orders 

production of electronic data that United States law may prohibit providers from disclosing. 

(5) Foreign law may create similarly conflicting legal obligations when chapter 121 of title 18, United States Code (commonly known as the ‘‘ Stored Communications Act’’), requires 

disclosure of electronic data that foreign law prohibits communications-service providers from disclosing. 

(6) International agreements provide a mechanism for 

resolving these potential conflicting legal obligations where the 

United States and the relevant foreign government share a 

common commitment to the rule of law and the protection 

of privacy and civil liberties. 

SEC. 103. PRESERVATION OF RECORDS; COMITY ANALYSIS OF LEGAL 

PROCESS. 

(a) REQUIRED PRESERVATION AND DISCLOSURE OF COMMUNICATIONS AND RECORDS.— 

18 USC 2523 

note. 

18 USC 1 note. 

Clarifying Lawful 

Overseas Use of 

Data Act. 


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132 STAT. 1214 PUBLIC LAW 115–141—MAR. 23, 2018 

(1) AMENDMENT.—Chapter 121 of title 18, United States 

Code, is amended by adding at the end the following: 

‘‘§ 2713. Required preservation and disclosure of communications and records 

‘‘A provider of electronic communication service or remote computing service shall comply with the obligations of this chapter 

to preserve, backup, or disclose the contents of a wire or electronic 

communication and any record or other information pertaining to 

a customer or subscriber within such provider’s possession, custody, 

or control, regardless of whether such communication, record, or 

other information is located within or outside of the United States.’’. 

(2) TABLE OF SECTIONS.—The table of sections for chapter 

121 of title 18, United States Code, is amended by inserting 

after the item relating to section 2712 the following: 

‘‘2713. Required preservation and disclosure of communications and records.’’. 

(b) COMITY ANALYSIS OF LEGAL PROCESS SEEKING CONTENTS

OF WIRE OR ELECTRONIC COMMUNICATION.—Section 2703 of title 

18, United States Code, is amended by adding at the end the 

following: 

‘‘(h) COMITY ANALYSIS AND DISCLOSURE OF INFORMATION

REGARDING LEGAL PROCESS SEEKING CONTENTS OF WIRE OR ELECTRONIC COMMUNICATION.— 

‘‘(1) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘qualifying foreign government’ means 

a foreign government— 

‘‘(i) with which the United States has an executive 

agreement that has entered into force under section 

2523; and 

‘‘(ii) the laws of which provide to electronic communication service providers and remote computing 

service providers substantive and procedural 

opportunities similar to those provided under paragraphs (2) and (5); and 

‘‘(B) the term ‘United States person’ has the meaning 

given the term in section 2523. 

‘‘(2) MOTIONS TO QUASH OR MODIFY.—(A) A provider of 

electronic communication service to the public or remote computing service, including a foreign electronic communication 

service or remote computing service, that is being required 

to disclose pursuant to legal process issued under this section 

the contents of a wire or electronic communication of a subscriber or customer, may file a motion to modify or quash 

the legal process where the provider reasonably believes— 

‘‘(i) that the customer or subscriber is not a United 

States person and does not reside in the United States; 

and 

‘‘(ii) that the required disclosure would create a material risk that the provider would violate the laws of a 

qualifying foreign government. 

Such a motion shall be filed not later than 14 days after 

the date on which the provider was served with the legal 

process, absent agreement with the government or permission from the court to extend the deadline based on an 

application made within the 14 days. The right to move 

to quash is without prejudice to any other grounds to 

18 USC 2701 

prec. 

18 USC 2713. 


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PUBLIC LAW 115–141—MAR. 23, 2018 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, 


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132 STAT. 1216 PUBLIC LAW 115–141—MAR. 23, 2018 

designated in an executive agreement under section 2523, the 

fact of the existence of legal process issued under this section 

seeking the contents of a wire or electronic communication 

of a customer or subscriber who is a national or resident of 

the qualifying foreign government. 

‘‘(B) Nothing in this paragraph shall be construed to modify 

or otherwise affect any other authority to make a motion to 

modify or quash a protective order issued under section 2705.’’. 

(c) RULE OF CONSTRUCTION.—Nothing in this section, or an 

amendment made by this section, shall be construed to modify 

or otherwise affect the common law standards governing the availability or application of comity analysis to other types of compulsory 

process or to instances of compulsory process issued under section 

2703 of title 18, United States Code, as amended by this section, 

and not covered under subsection (h)(2) of such section 2703. 

SEC. 104. ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS 

LAWS. 

Title 18, United States Code, is amended— 

(1) in chapter 119— 

(A) in section 2511(2), by adding at the end the following: 

‘‘(j) It shall not be unlawful under this chapter for a provider 

of electronic communication service to the public or remote computing service to intercept or disclose the contents of a wire or 

electronic communication in response to an order from a foreign 

government that is subject to an executive agreement that the 

Attorney General has determined and certified to Congress satisfies 

section 2523.’’; and 

(B) in section 2520(d), by amending paragraph (3) to 

read as follows: 

‘‘(3) a good faith determination that section 2511(3), 

2511(2)(i), or 2511(2)(j) of this title permitted the conduct complained of;’’; 

(2) in chapter 121— 

(A) in section 2702— 

(i) in subsection (b)— 

(I) in paragraph (8), by striking the period 

at the end and inserting ‘‘; or’’; and 

(II) by adding at the end the following: 

‘‘(9) to a foreign government pursuant to an order from 

a foreign government that is subject to an executive agreement 

that the Attorney General has determined and certified to 

Congress satisfies section 2523.’’; and 

(ii) in subsection (c)— 

(I) in paragraph (5), by striking ‘‘or’’ at the 

end; 

(II) in paragraph (6), by striking the period 

at the end and inserting ‘‘; or’’; and 

(III) by adding at the end the following: 

‘‘(7) to a foreign government pursuant to an order from 

a foreign government that is subject to an executive agreement 

that the Attorney General has determined and certified to 

Congress satisfies section 2523.’’; and 

(B) in section 2707(e), by amending paragraph (3) to 

read as follows: 

18 USC 2703 

note. 


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‘‘(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: 

‘‘§ 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 

18 USC 2523. 


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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— 


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‘‘(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 nonUnited 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 


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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.— 


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PUBLIC LAW 115–141—MAR. 23, 2018 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 ll.’, 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 lll to certain electronic data as submitted by the Attorney General on 

lll’, 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 


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132 STAT. 1222 PUBLIC LAW 115–141—MAR. 23, 2018 

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 


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PUBLIC LAW 115–141—MAR. 23, 2018 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; 


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132 STAT. 1224 PUBLIC LAW 115–141—MAR. 23, 2018 

‘‘(B) any substantive changes to the agreement or to 

the relevant laws or procedures of the foreign government 

since the original determination or, in the case of a second 

or subsequent renewal, since the last renewal; and 

‘‘(C) how the agreement has been implemented and 

what problems or controversies, if any, have arisen as 

a result of the agreement or its implementation. 

‘‘(3) NONRENEWAL.—If a determination is not renewed 

under paragraph (1), the agreement shall no longer be considered to satisfy the requirements of this section. 

‘‘(f) REVISIONS TO AGREEMENT.—A revision to an agreement 

under this section shall be treated as a new agreement for purposes 

of this section and shall be subject to the certification requirement 

under subsection (b), and to the procedures under subsection (d), 

except that for purposes of a revision to an agreement— 

‘‘(1) the applicable time period under paragraphs (2), 

(4)(A)(i), (4)(B), and (4)(C) of subsection (d) shall be 90 days 

after the date notice is provided under subsection (d)(1); and 

‘‘(2) the applicable time period under paragraphs (5) and 

(6)(B) of subsection (d) shall be 60 days after the date notice 

is provided under subsection (d)(1). 

‘‘(g) PUBLICATION.—Any determination or certification under 

subsection (b) regarding an executive agreement under this section, 

including any termination or renewal of such an agreement, shall 

be published in the Federal Register as soon as is reasonably 

practicable. 

‘‘(h) MINIMIZATION PROCEDURES.—A United States authority 

that receives the content of a communication described in subsection 

(b)(4)(H) from a foreign government in accordance with an executive 

agreement under this section shall use procedures that, to the 

maximum extent possible, meet the definition of minimization 

procedures in section 101 of the Foreign Intelligence Surveillance 

Act of 1978 (50 U.S.C. 1801) to appropriately protect nonpublicly 

available information concerning United States persons.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections 

for chapter 119 of title 18, United States Code, is amended by 

inserting after the item relating to section 2522 the following: 

‘‘2523. Executive agreements on access to data by foreign governments.’’. 

SEC. 106. RULE OF CONSTRUCTION. 

Nothing in this division, or the amendments made by this 

division, shall be construed to preclude any foreign authority from 

obtaining assistance in a criminal investigation or prosecution 

pursuant to section 3512 of title 18, United States Code, section 

18 USC 2520 

note. 

18 USC 2510 

prec. 


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PUBLIC LAW 115–141—MAR. 23, 2018 132 STAT. 1225 

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). 

Æ 

1782 of title 28, United States Code, or as otherwise provided 

by law. 

Approved March 23, 2018. 


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PUBLIC LAW 115–141—APPENDIX 132 STAT. 1225A–1 

TABLE OF CONTENTS 

The table of contents is as follows: 

APPENDIX A—SECTION 7130—S. 1460 

APPENDIX B—SECTION 7134—S. 1460 

APPENDIX C—H.R. 1281 

APPENDIX D—H.R. 4134 

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PUBLIC LAW 115–141—APPENDIX A 132 STAT. 1225A–3 

APPENDIX A—SECTION 7130—S. 1460 

SEC. 7130. MODIFICATION OF THE SECOND DIVISION MEMORIAL. 

(a) AUTHORIZATION.—The Second Indianhead Division Association, Inc., Scholarship and Memorials Foundation, an organization 

described in section 501(c)(3) of the Internal Revenue Code of 1986 

and exempt from taxation under section 501(a) of that Code, may 

place additional commemorative elements or engravings on the 

raised platform or stone work of the existing Second Division Memorial located in President’s Park, between 17th Street Northwest 

and Constitution Avenue in the District of Columbia, to further 

honor the members of the Second Infantry Division who have given 

their lives in service to the United States. 

(b) APPLICATION OF COMMEMORATIVE WORKS ACT.—Chapter 

89 of title 40, United States Code (commonly known as the 

‘‘Commemorative Works Act’’), shall apply to the design and placement of the commemorative elements or engravings authorized 

under subsection (a). 

(c) FUNDING.—Federal funds may not be used for modifications 

of the Second Division Memorial authorized under subsection (a). 

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PUBLIC LAW 115–141—APPENDIX B 132 STAT. 1225A–5 

APPENDIX B—SECTION 7134—S. 1460 

SEC. 7134. STE. GENEVIEVE NATIONAL HISTORICAL PARK. 

(a) DEFINITIONS.—In this section: 

(1) HISTORIC DISTRICT.—The term ‘‘Historic District’’ means 

the Ste. Genevieve Historic District National Historic Landmark, as generally depicted on the Map. 

(2) HISTORICAL PARK.—The term ‘‘Historical Park’’ means 

the Ste. Genevieve National Historical Park established by 

subsection (b). 

(3) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Ste. 

Genevieve National Historical Park Proposed Boundary’’, numbered 571/132,626, and dated May 2016. 

(4) SPECIAL RESOURCE STUDY.—The term ‘‘special resource 

study’’ means the study entitled ‘‘Ste. Genevieve Final Special 

Resources Study and Environmental Assessment, Missouri’’ and 

dated May 2016. 

(5) STATE.—The term ‘‘State’’ means the State of Missouri. 

(b) ESTABLISHMENT.— 

(1) IN GENERAL.—Subject to paragraph (2), there is established the Ste. Genevieve National Historical Park in the State 

as a unit of the National Park System to preserve, protect, 

and interpret for the benefit of present and future generations 

the themes of French settlement, vernacular architecture, and 

community form and farming on the frontier associated with 

Ste. Genevieve. 

(2) CONDITIONS FOR ESTABLISHMENT.—The Historical Park 

shall not be established until the date on which the Secretary 

determines that— 

(A) sufficient land has been acquired for the Historical 

Park to constitute a manageable unit; and 

(B) the Secretary has entered into a written agreement 

providing that land owned by the State, the City of Ste. 

Genevieve, or other entity within the Historic District shall 

be managed consistent with the purposes of this section. 

(c) BOUNDARIES.—The boundaries of the Historical Park shall 

be the boundaries generally depicted on the Map. 

(d) AVAILABILITY OF MAP.—The Map shall be on file and available for public inspection in the appropriate offices of the National 

Park Service. 

(e) ACQUISITION AUTHORITY.— 

(1) IN GENERAL.—The Secretary may acquire any land or 

interest in land located within the boundary of the Historical 

Park or any nationally significant property identified in the 

special resource study within the Historic District by— 

(A) donation; 

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132 STAT. 1225A–6 PUBLIC LAW 115–141—APPENDIX B 

(B) purchase with donated or appropriated funds; or 

(C) exchange. 

(2) BOUNDARY REVISION.—On the acquisition of any property within the Historic District under paragraph (1), the Secretary shall revise the boundary of the Historical Park to 

include the property. 

(f) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall administer the 

Historical Park in accordance with— 

(A) this section; and 

(B) the laws generally applicable to units of the 

National Park System, including— 

(i) section 100101(a), chapter 1003, and sections 

100751(a), 100752, 100753, and 102101 of title 54, 

United States Code; and 

(ii) chapter 3201 of title 54, United States Code. 

(2) MANAGEMENT PLAN.— 

(A) IN GENERAL.—Not later than 3 years after the 

date on which funds are made available to prepare a general management plan for the Historical Park, the Secretary shall prepare the general management plan in 

accordance with section 100502 of title 54, United States 

Code. 

(B) SUBMISSION TO CONGRESS.—On completion of the 

general management plan under subparagraph (A), the 

Secretary shall submit to the Committee on Natural 

Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate 

the general management plan. 

(3) RELATED SITES.—The Secretary may provide interpretative tours and educational programs at related historic and 

cultural sites within the Historic District associated with the 

purposes for which the Historical Park is established. 

(g) COOPERATIVE AGREEMENTS.— 

(1) IN GENERAL.—The Secretary may provide technical 

assistance and enter into cooperative agreements with the 

owner of a nationally significant property within the Historical 

Park or the Historic District, to identify, mark, interpret, 

improve, and restore the property. 

(2) RIGHT OF ACCESS.—A cooperative agreement entered 

into under paragraph (1) shall provide that the Secretary, 

acting through the Director of the National Park Service, shall 

have the right of access at all reasonable times to all public 

portions of the property covered by the agreement for the 

purposes of— 

(A) conducting visitors through the property; and 

(B) interpreting the property for the public. 

(3) COST-SHARING REQUIREMENT.— 

(A) FEDERAL SHARE.—The Federal share of the total 

cost of any activity carried out under a cooperative agreement entered into under this subsection shall be not more 

than 50 percent. 

(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share of an activity carried out under a cooperative agreement entered into under this subsection may be in the 

form of donated property, goods, or services fairly valued. 

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PUBLIC LAW 115–141—APPENDIX B 132 STAT. 1225A–7 

(4) CHANGES OR ALTERATIONS.—No changes or alterations 

shall be made to any property or project covered by a cooperative agreement entered into under paragraph (1) unless the 

Secretary and the other party to the agreement agree to the 

changes or alterations. 

(5) CONVERSION, USE, OR DISPOSAL.—Any payment by the 

Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a property or 

project for purposes contrary to the purposes of this section, 

as determined by the Secretary, shall entitle the United States 

to reimbursement in any amount equal to the greater of— 

(A) the amounts made available to the property or 

project by the United States; or 

(B) the portion of the increased value of the property 

or project attributable to the amounts made available under 

this subsection, as determined at the time of the conversion, 

use, or disposal. 

(h) LIMITED ROLE OF THE SECRETARY.—Nothing in this section 

authorizes the Secretary to assume overall financial responsibility 

for the operation, maintenance, or management of the Historic 

District. 

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PUBLIC LAW 115–141—APPENDIX C 132 STAT. 1225A–9 

APPENDIX C—H.R. 1281 

SECTION 1. EXTENSION OF HIGHLANDS CONSERVATION ACT. 

Section 4(e) of the Highlands Conservation Act (Public Law 

108–421; 118 Stat. 2377) is amended by striking ‘‘2014’’ and 

inserting ‘‘2021’’. 

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PUBLIC LAW 115–141—APPENDIX D 132 STAT. 1225A–11 

APPENDIX D—H.R. 4134 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Cecil D. Andrus-White Clouds 

Wilderness Redesignation Act’’. 

SEC. 2. REDESIGNATION OF WHITE CLOUDS WILDERNESS, SAWTOOTH 

AND CHALLIS NATIONAL FORESTS, IDAHO. 

(a) REDESIGNATION.—Section 101(b) of the Sawtooth National 

Recreation Area and Jerry Peak Wilderness Additions Act (16 

U.S.C. 1132 note; 129 Stat. 477) is amended— 

(1) in the subsection heading, by striking ‘‘WHITE’’ and 

inserting ‘‘CECIL D. ANDRUS-WHITE’’; and 

(2) in the text, by striking ‘‘White’’ the second place it 

appears and inserting ‘‘Cecil D. Andrus-White’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the White 

Clouds Wilderness. shall be deemed to be a reference to the Cecil 

D. Andrus-White Clouds Wilderness. 

Cecil D. AndrusWhite Clouds 

Wilderness 

Redesignation 

Act. 

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