II 

Calendar No. 215 

115TH CONGRESS 

1ST SESSION S. 1771 

[Report No. 115–150] 

Making appropriations for the Departments of Labor, Health and Human 

Services, and Education, and related agencies for the fiscal year ending 

September 30, 2018, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2017 

Mr. BLUNT, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2018, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 
2 

•S 1771 PCS

1 Education, and related agencies for the fiscal year ending 

2 September 30, 2018, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF LABOR 

5 EMPLOYMENT AND TRAINING ADMINISTRATION

6 TRAINING AND EMPLOYMENT SERVICES

7 For necessary expenses of the Workforce Innovation 

8 and Opportunity Act (referred to in this Act as ‘‘WIOA’’), 

9 the Second Chance Act of 2007, and the National Appren10 ticeship Act, $3,335,199,000, plus reimbursements, shall 

11 be available. Of the amounts provided: 

12 (1) for grants to States for adult employment 

13 and training activities, youth activities, and dis14 located worker employment and training activities, 

15 $2,709,832,000 as follows: 

16 (A) $815,556,000 for adult employment 

17 and training activities, of which $103,556,000 

18 shall be available for the period July 1, 2018 

19 through June 30, 2019, and of which 

20 $712,000,000 shall be available for the period 

21 October 1, 2018 through June 30, 2019; 

22 (B) $873,416,000 for youth activities, 

23 which shall be available for the period April 1, 

24 2018 through June 30, 2019; and 
3 

•S 1771 PCS

1 (C) $1,020,860,000 for dislocated worker 

2 employment and training activities, of which 

3 $160,860,000 shall be available for the period 

4 July 1, 2018 through June 30, 2019, and of 

5 which $860,000,000 shall be available for the 

6 period October 1, 2018 through June 30, 2019: 

7 Provided, That the funds available for allotment to 

8 outlying areas to carry out subtitle B of title I of the 

9 WIOA shall not be subject to the requirements of 

10 section 127(b)(1)(B)(ii) of such Act; and 

11 (2) for national programs, $625,367,000 as fol12 lows: 

13 (A) $220,859,000 for the dislocated work14 ers assistance national reserve, of which 

15 $20,859,000 shall be available for the period 

16 July 1, 2018 through September 30, 2019, and 

17 of which $200,000,000 shall be available for the 

18 period October 1, 2018 through September 30, 

19 2019: Provided, That funds provided to carry 

20 out section 132(a)(2)(A) of the WIOA may be 

21 used to provide assistance to a State for state22 wide or local use in order to address cases 

23 where there have been worker dislocations 

24 across multiple sectors or across multiple local 

25 areas and such workers remain dislocated; co-
4 

•S 1771 PCS

1 ordinate the State workforce development plan 

2 with emerging economic development needs; and 

3 train such eligible dislocated workers: Provided 

4 further, That funds provided to carry out sec5 tions 168(b) and 169(c) of the WIOA may be 

6 used for technical assistance and demonstration 

7 projects, respectively, that provide assistance to 

8 new entrants in the workforce and incumbent 

9 workers: Provided further, That notwithstanding 

10 section 168(b) of the WIOA, of the funds pro11 vided under this subparagraph, the Secretary of 

12 Labor (referred to in this title as ‘‘Secretary’’) 

13 may reserve not more than 10 percent of such 

14 funds to provide technical assistance and carry 

15 out additional activities related to the transition 

16 to the WIOA; 

17 (B) $50,000,000 for Native American pro18 grams under section 166 of the WIOA, which 

19 shall be available for the period July 1, 2018 

20 through June 30, 2019; 

21 (C) $81,896,000 for migrant and seasonal 

22 farmworker programs under section 167 of the 

23 WIOA, including $75,885,000 for formula 

24 grants (of which not less than 70 percent shall 

25 be for employment and training services), 
5 

•S 1771 PCS

1 $5,517,000 for migrant and seasonal housing 

2 (of which not less than 70 percent shall be for 

3 permanent housing), and $494,000 for other 

4 discretionary purposes, which shall be available 

5 for the period July 1, 2018 through June 30, 

6 2019: Provided, That notwithstanding any 

7 other provision of law or related regulation, the 

8 Department of Labor shall take no action lim9 iting the number or proportion of eligible par10 ticipants receiving related assistance services or 

11 discouraging grantees from providing such serv12 ices; 

13 (D) $84,534,000 for YouthBuild activities 

14 as described in section 171 of the WIOA, which 

15 shall be available for the period April 1, 2018 

16 through June 30, 2019; 

17 (E) $88,078,000 for ex-offender activities, 

18 under the authority of section 169 of the WIOA 

19 and section 212 of the Second Chance Act of 

20 2007, which shall be available for the period 

21 April 1, 2018 through June 30, 2019: Provided, 

22 That of this amount, $25,000,000 shall be for 

23 competitive grants to national and regional 

24 intermediaries for activities that prepare young 

25 ex-offenders and school dropouts for employ-
6 

•S 1771 PCS

1 ment, with a priority for projects serving high2 crime, high-poverty areas; 

3 (F) $5,000,000 for the Workforce Data 

4 Quality Initiative, under the authority of section 

5 169 of the WIOA, which shall be available for 

6 the period July 1, 2018 through June 30, 

7 2019; and 

8 (G) $95,000,000 to expand opportunities 

9 relating to apprenticeship programs registered 

10 under the National Apprenticeship Act, to be 

11 available to the Secretary to carry out activities 

12 through grants, cooperative agreements, con13 tracts and other arrangements, with States and 

14 other appropriate entities, which shall be avail15 able for the period April 1, 2018 through June 

16 30, 2019. 

17 JOB CORPS

18 (INCLUDING TRANSFER OF FUNDS)

19 To carry out subtitle C of title I of the WIOA, includ20 ing Federal administrative expenses, the purchase and 

21 hire of passenger motor vehicles, the construction, alter22 ation, and repairs of buildings and other facilities, and the 

23 purchase of real property for training centers as author24 ized by the WIOA, $1,699,155,000, plus reimbursements, 

25 as follows: 
7 

•S 1771 PCS

1 (1) $1,587,325,000 for Job Corps Operations, 

2 which shall be available for the period July 1, 2018 

3 through June 30, 2019; 

4 (2) $79,500,000 for construction, rehabilitation 

5 and acquisition of Job Corps Centers, which shall be 

6 available for the period July 1, 2018 through June 

7 30, 2021, and which may include the acquisition, 

8 maintenance, and repair of major items of equip9 ment: Provided, That the Secretary may transfer up 

10 to 15 percent of such funds to meet the operational 

11 needs of such centers or to achieve administrative ef12 ficiencies: Provided further, That any funds trans13 ferred pursuant to the preceding provision shall not 

14 be available for obligation after June 30, 2019: Pro15 vided further, That the Committees on Appropria16 tions of the House of Representatives and the Sen17 ate are notified at least 15 days in advance of any 

18 transfer; and 

19 (3) $32,330,000 for necessary expenses of Job 

20 Corps, which shall be available for obligation for the 

21 period October 1, 2017 through September 30, 

22 2018: 

23 Provided, That no funds from any other appropriation 

24 shall be used to provide meal services at or for Job Corps 

25 centers. 
8 

•S 1771 PCS

1 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

2 AMERICANS

3 To carry out title V of the Older Americans Act of 

4 1965 (referred to in this Act as ‘‘OAA’’), $400,000,000, 

5 which shall be available for the period April 1, 2018 

6 through June 30, 2019, and may be recaptured and reobli7 gated in accordance with section 517(c) of the OAA. 

8 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

9 For payments during fiscal year 2018 of trade ad10 justment benefit payments and allowances under part I 

11 of subchapter B of chapter 2 of title II of the Trade Act 

12 of 1974, and section 246 of that Act; and for training, 

13 employment and case management services, allowances for 

14 job search and relocation, and related State administrative 

15 expenses under part II of subchapter B of chapter 2 of 

16 title II of the Trade Act of 1974, and including benefit 

17 payments, allowances, training, employment and case 

18 management services, and related State administration 

19 provided pursuant to section 231(a) of the Trade Adjust20 ment Assistance Extension Act of 2011 and section 405(a) 

21 of the Trade Preferences Extension Act of 2015, 

22 $790,000,000 together with such amounts as may be nec23 essary to be charged to the subsequent appropriation for 

24 payments for any period subsequent to September 15, 

25 2018: Provided, That notwithstanding section 502 of this 
9 

•S 1771 PCS

1 Act, any part of the appropriation provided under this 

2 heading may remain available for obligation beyond the 

3 current fiscal year pursuant to the authorities of section 

4 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 

5 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

6 SERVICE OPERATIONS

7 For authorized administrative expenses, 

8 $84,066,000, together with not to exceed $3,378,625,000 

9 which may be expended from the Employment Security 

10 Administration Account in the Unemployment Trust Fund 

11 (‘‘the Trust Fund’’), of which: 

12 (1) $2,637,600,000 from the Trust Fund is for 

13 grants to States for the administration of State un14 employment insurance laws as authorized under title 

15 III of the Social Security Act (including not less 

16 than $130,000,000 to conduct in-person reemploy17 ment and eligibility assessments and unemployment 

18 insurance improper payment reviews, and to provide 

19 reemployment services and referrals to training as 

20 appropriate, for claimants of unemployment insur21 ance for ex-service members under 5 U.S.C. 8521 et. 

22 seq. and for claimants of regular unemployment 

23 compensation, including those who are profiled as 

24 most likely to exhaust their benefits in each State, 

25 and $6,000,000 for continued support of the Unem-
10 

•S 1771 PCS

1 ployment Insurance Integrity Center of Excellence), 

2 the administration of unemployment insurance for 

3 Federal employees and for ex-service members as 

4 authorized under 5 U.S.C. 8501–8523, and the ad5 ministration of trade readjustment allowances, reem6 ployment trade adjustment assistance, and alter7 native trade adjustment assistance under the Trade 

8 Act of 1974 and under section 231(a) of the Trade 

9 Adjustment Assistance Extension Act of 2011 and 

10 section 405(a) of the Trade Preferences Extension 

11 Act of 2015, and shall be available for obligation by 

12 the States through December 31, 2018, except that 

13 funds used for automation shall be available for 

14 Federal obligation through December 31, 2018, and 

15 for State obligation through September 30, 2020, or, 

16 if the automation is being carried out through con17 sortia of States, for State obligation through Sep18 tember 30, 2023, and for expenditure through Sep19 tember 30, 2024, and funds for competitive grants 

20 awarded to States for improved operations and to 

21 conduct in-person reemployment and eligibility as22 sessments and unemployment insurance improper 

23 payment reviews and provide reemployment services 

24 and referrals to training, as appropriate, shall be 

25 available for Federal obligation through December 
11 

•S 1771 PCS

1 31, 2018, and for obligation by the States through 

2 September 30, 2020, and funds for the Unemploy3 ment Insurance Integrity Center of Excellence shall 

4 be available for obligation by the State through Sep5 tember 30, 2021, and funds used for unemployment 

6 insurance workloads experienced through September 

7 30, 2018 shall be available for Federal obligation 

8 through December 31, 2018; 

9 (2) $13,897,000 from the Trust Fund is for na10 tional activities necessary to support the administra11 tion of the Federal-State unemployment insurance 

12 system; 

13 (3) $645,000,000 from the Trust Fund, to14 gether with $21,413,000 from the General Fund of 

15 the Treasury, is for grants to States in accordance 

16 with section 6 of the Wagner-Peyser Act, and shall 

17 be available for Federal obligation for the period 

18 July 1, 2018 through June 30, 2019; 

19 (4) $19,818,000 from the Trust Fund is for na20 tional activities of the Employment Service, includ21 ing administration of the work opportunity tax cred22 it under section 51 of the Internal Revenue Code of 

23 1986, and the provision of technical assistance and 

24 staff training under the Wagner-Peyser Act; 
12 

•S 1771 PCS

1 (5) $62,310,000 from the Trust Fund is for the 

2 administration of foreign labor certifications and re3 lated activities under the Immigration and Nation4 ality Act and related laws, of which $48,028,000 

5 shall be available for the Federal administration of 

6 such activities, and $14,282,000 shall be available 

7 for grants to States for the administration of such 

8 activities; and 

9 (6) $62,653,000 from the General Fund is to 

10 provide workforce information, national electronic 

11 tools, and one-stop system building under the Wag12 ner-Peyser Act and shall be available for Federal ob13 ligation for the period July 1, 2018 through June 

14 30, 2019: 

15 Provided, That to the extent that the Average Weekly In16 sured Unemployment (‘‘AWIU’’) for fiscal year 2018 is 

17 projected by the Department of Labor to exceed 

18 2,246,000, an additional $28,600,000 from the Trust 

19 Fund shall be available for obligation for every 100,000 

20 increase in the AWIU level (including a pro rata amount 

21 for any increment less than 100,000) to carry out title 

22 III of the Social Security Act: Provided further, That 

23 funds appropriated in this Act that are allotted to a State 

24 to carry out activities under title III of the Social Security 

25 Act may be used by such State to assist other States in 
13 

•S 1771 PCS

1 carrying out activities under such title III if the other 

2 States include areas that have suffered a major disaster 

3 declared by the President under the Robert T. Stafford 

4 Disaster Relief and Emergency Assistance Act: Provided 

5 further, That the Secretary may use funds appropriated 

6 for grants to States under title III of the Social Security 

7 Act to make payments on behalf of States for the use of 

8 the National Directory of New Hires under section 

9 453(j)(8) of such Act: Provided further, That the Sec10 retary may use funds appropriated for grants to States 

11 under title III of the Social Security Act to make pay12 ments on behalf of States to the entity operating the State 

13 Information Data Exchange System: Provided further, 

14 That funds appropriated in this Act which are used to es15 tablish a national one-stop career center system, or which 

16 are used to support the national activities of the Federal17 State unemployment insurance, employment service, or 

18 immigration programs, may be obligated in contracts, 

19 grants, or agreements with States and non-State entities: 

20 Provided further, That States awarded competitive grants 

21 for improved operations under title III of the Social Secu22 rity Act, or awarded grants to support the national activi23 ties of the Federal-State unemployment insurance system, 

24 may award subgrants to other States and non-State enti25 ties under such grants, subject to the conditions applicable 
14 

•S 1771 PCS

1 to the grants: Provided further, That funds appropriated 

2 under this Act for activities authorized under title III of 

3 the Social Security Act and the Wagner-Peyser Act may 

4 be used by States to fund integrated Unemployment In5 surance and Employment Service automation efforts, not6 withstanding cost allocation principles prescribed under 

7 the final rule entitled ‘‘Uniform Administrative Require8 ments, Cost Principles, and Audit Requirements for Fed9 eral Awards’’ at part 200 of title 2, Code of Federal Regu10 lations: Provided further, That the Secretary, at the re11 quest of a State participating in a consortium with other 

12 States, may reallot funds allotted to such State under title 

13 III of the Social Security Act to other States participating 

14 in the consortium in order to carry out activities that ben15 efit the administration of the unemployment compensation 

16 law of the State making the request: Provided further, 

17 That the Secretary may collect fees for the costs associ18 ated with additional data collection, analyses, and report19 ing services relating to the National Agricultural Workers 

20 Survey requested by State and local governments, public 

21 and private institutions of higher education, and nonprofit 

22 organizations and may utilize such sums, in accordance 

23 with the provisions of 29 U.S.C. 9a, for the National Agri24 cultural Workers Survey infrastructure, methodology, and 

25 data to meet the information collection and reporting 
15 

•S 1771 PCS

1 needs of such entities, which shall be credited to this ap2 propriation and shall remain available until September 30, 

3 2019, for such purposes. 

4 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

5 OTHER FUNDS

6 For repayable advances to the Unemployment Trust 

7 Fund as authorized by sections 905(d) and 1203 of the 

8 Social Security Act, and to the Black Lung Disability 

9 Trust Fund as authorized by section 9501(c)(1) of the In10 ternal Revenue Code of 1986; and for nonrepayable ad11 vances to the revolving fund established by section 901(e) 

12 of the Social Security Act, to the Unemployment Trust 

13 Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal 

14 Unemployment Benefits and Allowances’’ account, such 

15 sums as may be necessary, which shall be available for 

16 obligation through September 30, 2019. 

17 PROGRAM ADMINISTRATION

18 For expenses of administering employment and train19 ing programs, $108,674,000, together with not to exceed 

20 $49,982,000 which may be expended from the Employ21 ment Security Administration Account in the Unemploy22 ment Trust Fund. 
16 

•S 1771 PCS

1 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Employee Benefits 

4 Security Administration, $181,000,000, of which not less 

5 than $3,000,000 shall be made available through Sep6 tember 30, 2019, for the procurement of expert witnesses 

7 for enforcement litigation. 

8 PENSION BENEFIT GUARANTY CORPORATION

9 PENSION BENEFIT GUARANTY CORPORATION FUND

10 The Pension Benefit Guaranty Corporation (‘‘Cor11 poration’’) is authorized to make such expenditures, in12 cluding financial assistance authorized by subtitle E of 

13 title IV of the Employee Retirement Income Security Act 

14 of 1974, within limits of funds and borrowing authority 

15 available to the Corporation, and in accord with law, and 

16 to make such contracts and commitments without regard 

17 to fiscal year limitations, as provided by 31 U.S.C. 9104, 

18 as may be necessary in carrying out the program, includ19 ing associated administrative expenses, through Sep20 tember 30, 2018, for the Corporation: Provided, That 

21 none of the funds available to the Corporation for fiscal 

22 year 2018 shall be available for obligations for administra23 tive expenses in excess of $424,417,000: Provided further, 

24 That to the extent that the number of new plan partici25 pants in plans terminated by the Corporation exceeds 
17 

•S 1771 PCS

1 100,000 in fiscal year 2018, an amount not to exceed an 

2 additional $9,200,000 shall be available through Sep3 tember 30, 2019, for obligation for administrative ex4 penses for every 20,000 additional terminated partici5 pants: Provided further, That obligations in excess of the 

6 amounts provided in this paragraph may be incurred for 

7 unforeseen and extraordinary pretermination expenses or 

8 extraordinary multiemployer program related expenses 

9 after approval by the Office of Management and Budget 

10 and notification of the Committees on Appropriations of 

11 the House of Representatives and the Senate. 

12 WAGE AND HOUR DIVISION

13 SALARIES AND EXPENSES

14 For necessary expenses for the Wage and Hour Divi15 sion, including reimbursement to State, Federal, and local 

16 agencies and their employees for inspection services ren17 dered, $227,500,000. 

18 OFFICE OF LABOR-MANAGEMENT STANDARDS

19 SALARIES AND EXPENSES

20 For necessary expenses for the Office of Labor-Man21 agement Standards, $40,187,000. 
18 

•S 1771 PCS

1 OFFICE OF FEDERAL CONTRACT COMPLIANCE

2 PROGRAMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the Office of Federal Con5 tract Compliance Programs, $103,476,000. 

6 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

7 SALARIES AND EXPENSES

8 For necessary expenses for the Office of Workers’ 

9 Compensation Programs, $115,424,000, together with 

10 $2,177,000 which may be expended from the Special Fund 

11 in accordance with sections 39(c), 44(d), and 44(j) of the 

12 Longshore and Harbor Workers’ Compensation Act. 

13 SPECIAL BENEFITS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the payment of compensation, benefits, and ex16 penses (except administrative expenses) accruing during 

17 the current or any prior fiscal year authorized by 5 U.S.C. 

18 81; continuation of benefits as provided for under the 

19 heading ‘‘Civilian War Benefits’’ in the Federal Security 

20 Agency Appropriation Act, 1947; the Employees’ Com21 pensation Commission Appropriation Act, 1944; section 

22 5(f) of the War Claims Act (50 U.S.C. App. 2012); obliga23 tions incurred under the War Hazards Compensation Act 

24 (42 U.S.C. 1701 et seq.); and 50 percent of the additional 

25 compensation and benefits required by section 10(h) of the 
19 

•S 1771 PCS

1 Longshore and Harbor Workers’ Compensation Act, 

2 $220,000,000, together with such amounts as may be nec3 essary to be charged to the subsequent year appropriation 

4 for the payment of compensation and other benefits for 

5 any period subsequent to August 15 of the current year, 

6 for deposit into and to assume the attributes of the Em7 ployees’ Compensation Fund established under 5 U.S.C. 

8 8147(a): Provided, That amounts appropriated may be 

9 used under 5 U.S.C. 8104 by the Secretary to reimburse 

10 an employer, who is not the employer at the time of injury, 

11 for portions of the salary of a re-employed, disabled bene12 ficiary: Provided further, That balances of reimbursements 

13 unobligated on September 30, 2017, shall remain available 

14 until expended for the payment of compensation, benefits, 

15 and expenses: Provided further, That in addition there 

16 shall be transferred to this appropriation from the Postal 

17 Service and from any other corporation or instrumentality 

18 required under 5 U.S.C. 8147(c) to pay an amount for 

19 its fair share of the cost of administration, such sums as 

20 the Secretary determines to be the cost of administration 

21 for employees of such fair share entities through Sep22 tember 30, 2018: Provided further, That of those funds 

23 transferred to this account from the fair share entities to 

24 pay the cost of administration of the Federal Employees’ 
20 

•S 1771 PCS

1 Compensation Act, $71,188,000 shall be made available 

2 to the Secretary as follows: 

3 (1) For enhancement and maintenance of auto4 mated data processing systems operations and tele5 communications systems, $24,540,000; 

6 (2) For automated workload processing oper7 ations, including document imaging, centralized mail 

8 intake, and medical bill processing, $22,968,000; 

9 (3) For periodic roll disability management and 

10 medical review, $21,946,000; 

11 (4) For program integrity, $1,734,000; and 

12 (5) The remaining funds shall be paid into the 

13 Treasury as miscellaneous receipts: 

14 Provided further, That the Secretary may require that any 

15 person filing a notice of injury or a claim for benefits 

16 under 5 U.S.C. 81, or the Longshore and Harbor Work17 ers’ Compensation Act, provide as part of such notice and 

18 claim, such identifying information (including Social Secu19 rity account number) as such regulations may prescribe. 

20 SPECIAL BENEFITS FOR DISABLED COAL MINERS

21 For carrying out title IV of the Federal Mine Safety 

22 and Health Act of 1977, as amended by Public Law 107– 

23 275, $54,319,000, to remain available until expended. 

24 For making after July 31 of the current fiscal year, 

25 benefit payments to individuals under title IV of such Act, 
21 

•S 1771 PCS

1 for costs incurred in the current fiscal year, such amounts 

2 as may be necessary. 

3 For making benefit payments under title IV for the 

4 first quarter of fiscal year 2019, $15,000,000, to remain 

5 available until expended. 

6 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

7 OCCUPATIONAL ILLNESS COMPENSATION FUND

8 For necessary expenses to administer the Energy 

9 Employees Occupational Illness Compensation Program 

10 Act, $59,846,000, to remain available until expended: Pro11 vided, That the Secretary may require that any person fil12 ing a claim for benefits under the Act provide as part of 

13 such claim such identifying information (including Social 

14 Security account number) as may be prescribed. 

15 BLACK LUNG DISABILITY TRUST FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 Such sums as may be necessary from the Black Lung 

18 Disability Trust Fund (the ‘‘Fund’’), to remain available 

19 until expended, for payment of all benefits authorized by 

20 section 9501(d)(1), (2), (6), and (7) of the Internal Rev21 enue Code of 1986; and repayment of, and payment of 

22 interest on advances, as authorized by section 9501(d)(4) 

23 of that Act. In addition, the following amounts may be 

24 expended from the Fund for fiscal year 2018 for expenses 

25 of operation and administration of the Black Lung Bene-
22 

•S 1771 PCS

1 fits program, as authorized by section 9501(d)(5): not to 

2 exceed $38,246,000 for transfer to the Office of Workers’ 

3 Compensation Programs, ‘‘Salaries and Expenses’’; not to 

4 exceed $30,595,000 for transfer to Departmental Manage5 ment, ‘‘Salaries and Expenses’’; not to exceed $330,000 

6 for transfer to Departmental Management, ‘‘Office of In7 spector General’’; and not to exceed $356,000 for pay8 ments into miscellaneous receipts for the expenses of the 

9 Department of the Treasury. 

10 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Occupational Safety 

13 and Health Administration, $552,787,000, including not 

14 to exceed $100,850,000 which shall be the maximum 

15 amount available for grants to States under section 23(g) 

16 of the Occupational Safety and Health Act (the ‘‘Act’’), 

17 which grants shall be no less than 50 percent of the costs 

18 of State occupational safety and health programs required 

19 to be incurred under plans approved by the Secretary 

20 under section 18 of the Act; and, in addition, notwith21 standing 31 U.S.C. 3302, the Occupational Safety and 

22 Health Administration may retain up to $499,000 per fis23 cal year of training institute course tuition and fees, other24 wise authorized by law to be collected, and may utilize 

25 such sums for occupational safety and health training and 
23 

•S 1771 PCS

1 education: Provided, That notwithstanding 31 U.S.C. 

2 3302, the Secretary is authorized, during the fiscal year 

3 ending September 30, 2018, to collect and retain fees for 

4 services provided to Nationally Recognized Testing Lab5 oratories, and may utilize such sums, in accordance with 

6 the provisions of 29 U.S.C. 9a, to administer national and 

7 international laboratory recognition programs that ensure 

8 the safety of equipment and products used by workers in 

9 the workplace: Provided further, That none of the funds 

10 appropriated under this paragraph shall be obligated or 

11 expended to prescribe, issue, administer, or enforce any 

12 standard, rule, regulation, or order under the Act which 

13 is applicable to any person who is engaged in a farming 

14 operation which does not maintain a temporary labor 

15 camp and employs 10 or fewer employees: Provided fur16 ther, That no funds appropriated under this paragraph 

17 shall be obligated or expended to administer or enforce 

18 any standard, rule, regulation, or order under the Act with 

19 respect to any employer of 10 or fewer employees who is 

20 included within a category having a Days Away, Re21 stricted, or Transferred (‘‘DART’’) occupational injury 

22 and illness rate, at the most precise industrial classifica23 tion code for which such data are published, less than the 

24 national average rate as such rates are most recently pub25 lished by the Secretary, acting through the Bureau of 
24 

•S 1771 PCS

1 Labor Statistics, in accordance with section 24 of the Act, 

2 except— 

3 (1) to provide, as authorized by the Act, con4 sultation, technical assistance, educational and train5 ing services, and to conduct surveys and studies; 

6 (2) to conduct an inspection or investigation in 

7 response to an employee complaint, to issue a cita8 tion for violations found during such inspection, and 

9 to assess a penalty for violations which are not cor10 rected within a reasonable abatement period and for 

11 any willful violations found; 

12 (3) to take any action authorized by the Act 

13 with respect to imminent dangers; 

14 (4) to take any action authorized by the Act 

15 with respect to health hazards; 

16 (5) to take any action authorized by the Act 

17 with respect to a report of an employment accident 

18 which is fatal to one or more employees or which re19 sults in hospitalization of two or more employees, 

20 and to take any action pursuant to such investiga21 tion authorized by the Act; and 

22 (6) to take any action authorized by the Act 

23 with respect to complaints of discrimination against 

24 employees for exercising rights under the Act: 
25 

•S 1771 PCS

1 Provided further, That the foregoing proviso shall not 

2 apply to any person who is engaged in a farming operation 

3 which does not maintain a temporary labor camp and em4 ploys 10 or fewer employees: Provided further, That 

5 $10,537,000 shall be available for Susan Harwood train6 ing grants, of which the Secretary shall reserve not less 

7 than $4,500,000 for Susan Harwood Training Capacity 

8 Building Developmental grants, as described in Funding 

9 Opportunity Number SHTG–GY–16–02 (referenced in 

10 the notice of availability of funds published in the Federal 

11 Register on May 3, 2016 (81 Fed. Reg. 30568)) for pro12 gram activities starting not later than September 30, 2018 

13 and lasting for a period of 12 months: Provided further, 

14 That not less than $3,500,000 shall be for Voluntary Pro15 tection Programs. 

16 MINE SAFETY AND HEALTH ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses for the Mine Safety and 

19 Health Administration, $373,816,000, including purchase 

20 and bestowal of certificates and trophies in connection 

21 with mine rescue and first-aid work, and the hire of pas22 senger motor vehicles, including up to $2,000,000 for 

23 mine rescue and recovery activities and not less than 

24 $10,537,000 for State assistance grants: Provided, That 

25 amounts available for State assistance grants may be used 
26 

•S 1771 PCS

1 for the purchase and maintenance of new equipment re2 quired by the final rule entitled ‘‘Lowering Miners’ Expo3 sure to Respirable Coal Mine Dust, Including Continuous 

4 Personal Dust Monitors’’ published by the Department of 

5 Labor in the Federal Register on May 1, 2014 (79 Fed. 

6 Reg. 24813 et seq.), for operators that demonstrate finan7 cial need as determined by the Secretary: Provided further, 

8 That notwithstanding 31 U.S.C. 3302, not to exceed 

9 $750,000 may be collected by the National Mine Health 

10 and Safety Academy for room, board, tuition, and the sale 

11 of training materials, otherwise authorized by law to be 

12 collected, to be available for mine safety and health edu13 cation and training activities: Provided further, That not14 withstanding 31 U.S.C. 3302, the Mine Safety and Health 

15 Administration is authorized to collect and retain up to 

16 $2,499,000 from fees collected for the approval and cer17 tification of equipment, materials, and explosives for use 

18 in mines, and may utilize such sums for such activities: 

19 Provided further, That the Secretary is authorized to ac20 cept lands, buildings, equipment, and other contributions 

21 from public and private sources and to prosecute projects 

22 in cooperation with other agencies, Federal, State, or pri23 vate: Provided further, That the Mine Safety and Health 

24 Administration is authorized to promote health and safety 

25 education and training in the mining community through 
27 

•S 1771 PCS

1 cooperative programs with States, industry, and safety as2 sociations: Provided further, That the Secretary is author3 ized to recognize the Joseph A. Holmes Safety Association 

4 as a principal safety association and, notwithstanding any 

5 other provision of law, may provide funds and, with or 

6 without reimbursement, personnel, including service of 

7 Mine Safety and Health Administration officials as offi8 cers in local chapters or in the national organization: Pro9 vided further, That any funds available to the Department 

10 of Labor may be used, with the approval of the Secretary, 

11 to provide for the costs of mine rescue and survival oper12 ations in the event of a major disaster. 

13 BUREAU OF LABOR STATISTICS

14 SALARIES AND EXPENSES

15 For necessary expenses for the Bureau of Labor Sta16 tistics, including advances or reimbursements to State, 

17 Federal, and local agencies and their employees for serv18 ices rendered, $544,000,000, together with not to exceed 

19 $65,000,000 which may be expended from the Employ20 ment Security Administration account in the Unemploy21 ment Trust Fund. 

22 OFFICE OF DISABILITY EMPLOYMENT POLICY

23 SALARIES AND EXPENSES

24 For necessary expenses for the Office of Disability 

25 Employment Policy to provide leadership, develop policy 
28 

•S 1771 PCS

1 and initiatives, and award grants furthering the objective 

2 of eliminating barriers to the training and employment of 

3 people with disabilities, $38,203,000. 

4 DEPARTMENTAL MANAGEMENT

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses for Departmental Manage8 ment, including the hire of three passenger motor vehicles, 

9 $336,536,000, together with not to exceed $308,000, 

10 which may be expended from the Employment Security 

11 Administration account in the Unemployment Trust 

12 Fund: Provided, That $59,825,000 for the Bureau of 

13 International Labor Affairs shall be available for obliga14 tion through December 31, 2018: Provided further, That 

15 funds available to the Bureau of International Labor Af16 fairs may be used to administer or operate international 

17 labor activities, bilateral and multilateral technical assist18 ance, and microfinance programs, by or through contracts, 

19 grants, subgrants and other arrangements: Provided fur20 ther, That not more than $53,825,000 shall be for pro21 grams to combat exploitative child labor internationally 

22 and not less than $6,000,000 shall be used to implement 

23 model programs that address worker rights issues through 

24 technical assistance in countries with which the United 

25 States has free trade agreements or trade preference pro-
29 

•S 1771 PCS

1 grams: Provided further, That $8,040,000 shall be used 

2 for program evaluation and shall be available for obliga3 tion through September 30, 2019: Provided further, That 

4 funds available for program evaluation may be used to ad5 minister grants for the purpose of evaluation: Provided 

6 further, That grants made for the purpose of evaluation 

7 shall be awarded through fair and open competition: Pro8 vided further, That funds available for program evaluation 

9 may be transferred to any other appropriate account in 

10 the Department for such purpose: Provided further, That 

11 the Committees on Appropriations of the House of Rep12 resentatives and the Senate are notified at least 15 days 

13 in advance of any transfer: Provided further, That the 

14 funds available to the Women’s Bureau may be used for 

15 grants to serve and promote the interests of women in the 

16 workforce: Provided further, That of the amounts made 

17 available to the Women’s Bureau, $994,000 shall be used 

18 for grants authorized by the Women in Apprenticeship 

19 and Nontraditional Occupations Act. 

20 VETERANS EMPLOYMENT AND TRAINING

21 Not to exceed $239,041,000 may be derived from the 

22 Employment Security Administration account in the Un23 employment Trust Fund to carry out the provisions of 

24 chapters 41, 42, and 43 of title 38, United States Code, 

25 of which: 
30 

•S 1771 PCS

1 (1) $175,000,000 is for Jobs for Veterans State 

2 grants under 38 U.S.C. 4102A(b)(5) to support dis3 abled veterans’ outreach program specialists under 

4 section 4103A of such title and local veterans’ em5 ployment representatives under section 4104(b) of 

6 such title, and for the expenses described in section 

7 4102A(b)(5)(C), which shall be available for obliga8 tion by the States through December 31, 2018, and 

9 not to exceed 3 percent for the necessary Federal ex10 penditures for data systems and contract support to 

11 allow for the tracking of participant and perform12 ance information: Provided, That, in addition, such 

13 funds may be used to support such specialists and 

14 representatives in the provision of services to 

15 transitioning members of the Armed Forces who 

16 have participated in the Transition Assistance Pro17 gram and have been identified as in need of inten18 sive services, to members of the Armed Forces who 

19 are wounded, ill, or injured and receiving treatment 

20 in military treatment facilities or warrior transition 

21 units, and to the spouses or other family caregivers 

22 of such wounded, ill, or injured members; 

23 (2) $18,500,000 is for carrying out the Transi24 tion Assistance Program under 38 U.S.C. 4113 and 

25 10 U.S.C. 1144; 
31 

•S 1771 PCS

1 (3) $42,127,000 is for Federal administration 

2 of chapters 41, 42, and 43 of title 38, United States 

3 Code: Provided, That such funds shall be available 

4 in addition to amounts in the HIRE Vets Medallion 

5 Award Fund established by division O of the Con6 solidated Appropriations Act, 2017 (Public Law 

7 115–31; 38 U.S.C. 4100 note), for necessary ex8 penses of the HIRE Vets Medallion Award program 

9 authorized by such Act; and 

10 (4) $3,414,000 is for the National Veterans’ 

11 Employment and Training Services Institute under 

12 38 U.S.C. 4109: 

13 Provided, That the Secretary may reallocate among the 

14 appropriations provided under paragraphs (1) through (4) 

15 above an amount not to exceed 3 percent of the appropria16 tion from which such reallocation is made. 

17 The HIRE Vets Medallion Award Fund, for this fis18 cal year and thereafter, shall be available to the Secretary 

19 without fiscal year limitation for necessary expenses of the 

20 HIRE Vets Medallion Award program authorized by divi21 sion O of the Consolidated Appropriations Act, 2017: Pro22 vided, That such sums shall be in addition to any other 

23 funds available for such purposes, including funds avail24 able under paragraph (3) of this heading: Provided fur25 ther, That sections 6 and 2(d) of division O of the Consoli-
32 

•S 1771 PCS

1 dated Appropriations Act, 2017 (Public Law 115–31; 38 

2 U.S.C. 4100 note) shall not apply. 

3 In addition, from the General Fund of the Treasury, 

4 $45,000,000 is for carrying out programs to assist home5 less veterans and veterans at risk of homelessness who are 

6 transitioning from certain institutions under sections 

7 2021, 2021A, and 2023 of title 38, United States Code: 

8 Provided, That notwithstanding subsections (c)(3) and (d) 

9 of section 2023, the Secretary may award grants through 

10 September 30, 2018, to provide services under such sec11 tion: Provided further, That services provided under sec12 tion 2023 may include, in addition to services to the indi13 viduals described in subsection (e) of such section, services 

14 to veterans recently released from incarceration who are 

15 at risk of homelessness. 

16 IT MODERNIZATION

17 For necessary expenses for Department of Labor cen18 tralized infrastructure technology investment activities re19 lated to support systems and modernization, $18,778,000, 

20 which shall be available through September 30, 2019. 

21 OFFICE OF INSPECTOR GENERAL

22 For salaries and expenses of the Office of Inspector 

23 General in carrying out the provisions of the Inspector 

24 General Act of 1978, $82,061,000, together with not to 

25 exceed $5,660,000 which may be expended from the Em-
33 

•S 1771 PCS

1 ployment Security Administration account in the Unem2 ployment Trust Fund. 

3 GENERAL PROVISIONS

4 SEC. 101. None of the funds appropriated by this Act 

5 for the Job Corps shall be used to pay the salary and bo6 nuses of an individual, either as direct costs or any prora7 tion as an indirect cost, at a rate in excess of Executive 

8 Level II. 

9 (TRANSFER OF FUNDS)

10 SEC. 102. Not to exceed 1 percent of any discre11 tionary funds (pursuant to the Balanced Budget and 

12 Emergency Deficit Control Act of 1985) which are appro13 priated for the current fiscal year for the Department of 

14 Labor in this Act may be transferred between a program, 

15 project, or activity, but no such program, project, or activ16 ity shall be increased by more than 3 percent by any such 

17 transfer: Provided, That the transfer authority granted by 

18 this section shall not be used to create any new program 

19 or to fund any project or activity for which no funds are 

20 provided in this Act: Provided further, That the Commit21 tees on Appropriations of the House of Representatives 

22 and the Senate are notified at least 15 days in advance 

23 of any transfer. 

24 SEC. 103. In accordance with Executive Order 

25 13126, none of the funds appropriated or otherwise made 
34 

•S 1771 PCS

1 available pursuant to this Act shall be obligated or ex2 pended for the procurement of goods mined, produced, 

3 manufactured, or harvested or services rendered, in whole 

4 or in part, by forced or indentured child labor in industries 

5 and host countries already identified by the United States 

6 Department of Labor prior to enactment of this Act. 

7 SEC. 104. Except as otherwise provided in this sec8 tion, none of the funds made available to the Department 

9 of Labor for grants under section 414(c) of the American 

10 Competitiveness and Workforce Improvement Act of 1998 

11 (29 U.S.C. 2916a) may be used for any purpose other 

12 than competitive grants for training individuals who are 

13 older than 16 years of age and are not currently enrolled 

14 in school within a local educational agency in the occupa15 tions and industries for which employers are using H–1B 

16 visas to hire foreign workers, and the related activities 

17 necessary to support such training. 

18 SEC. 105. None of the funds made available by this 

19 Act under the heading ‘‘Employment and Training Ad20 ministration’’ shall be used by a recipient or subrecipient 

21 of such funds to pay the salary and bonuses of an indi22 vidual, either as direct costs or indirect costs, at a rate 

23 in excess of Executive Level II. This limitation shall not 

24 apply to vendors providing goods and services as defined 

25 in Office of Management and Budget Circular A–133. 
35 

•S 1771 PCS

1 Where States are recipients of such funds, States may es2 tablish a lower limit for salaries and bonuses of those re3 ceiving salaries and bonuses from subrecipients of such 

4 funds, taking into account factors including the relative 

5 cost-of-living in the State, the compensation levels for 

6 comparable State or local government employees, and the 

7 size of the organizations that administer Federal pro8 grams involved including Employment and Training Ad9 ministration programs. 

10 (TRANSFER OF FUNDS)

11 SEC. 106. (a) Notwithstanding section 102, the Sec12 retary may transfer funds made available to the Employ13 ment and Training Administration by this Act, either di14 rectly or through a set-aside, for technical assistance serv15 ices to grantees to ‘‘Program Administration’’ when it is 

16 determined that those services will be more efficiently per17 formed by Federal employees: Provided, That this section 

18 shall not apply to section 171 of the WIOA. 

19 (b) Notwithstanding section 102, the Secretary may 

20 transfer not more than 0.5 percent of each discretionary 

21 appropriation made available to the Employment and 

22 Training Administration by this Act to ‘‘Program Admin23 istration’’ in order to carry out program integrity activities 

24 relating to any of the programs or activities that are fund25 ed under any such discretionary appropriations: Provided, 
36 

•S 1771 PCS

1 That notwithstanding section 102 and the preceding pro2 viso, the Secretary may transfer not more than 0.5 percent 

3 of funds made available in paragraphs (1) and (2) of the 

4 ‘‘Office of Job Corps’’ account to paragraph (3) of such 

5 account to carry out program integrity activities related 

6 to the Job Corps program: Provided further, That funds 

7 transferred under the authority provided by this sub8 section shall be available for obligation through September 

9 30, 2019. 

10 (TRANSFER OF FUNDS)

11 SEC. 107. (a) The Secretary may reserve not more 

12 than 0.75 percent from each appropriation made available 

13 in this Act identified in subsection (b) in order to carry 

14 out evaluations of any of the programs or activities that 

15 are funded under such accounts. Any funds reserved under 

16 this section shall be transferred to ‘‘Departmental Man17 agement’’ for use by the Office of the Chief Evaluation 

18 Officer within the Department of Labor, and shall be 

19 available for obligation through September 30, 2019: Pro20 vided, That such funds shall only be available if the Chief 

21 Evaluation Officer of the Department of Labor submits 

22 a plan to the Committees on Appropriations of the House 

23 of Representatives and the Senate describing the evalua24 tions to be carried out 15 days in advance of any transfer. 
37 

•S 1771 PCS

1 (b) The accounts referred to in subsection (a) are: 

2 ‘‘Training and Employment Services’’, ‘‘Job Corps’’, 

3 ‘‘Community Service Employment for Older Americans’’, 

4 ‘‘State Unemployment Insurance and Employment Service 

5 Operations’’, ‘‘Employee Benefits Security Administra6 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 

7 ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract 

8 Compliance Programs’’, ‘‘Office of Labor Management 

9 Standards’’, ‘‘Occupational Safety and Health Adminis10 tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of11 fice of Disability Employment Policy’’, funding made 

12 available to the ‘‘Bureau of International Labor Affairs’’ 

13 and ‘‘Women’s Bureau’’ within the ‘‘Departmental Man14 agement, Salaries and Expenses’’ account, and ‘‘Veterans 

15 Employment and Training’’. 

16 SEC. 108. (a) Section 7 of the Fair Labor Standards 

17 Act of 1938 (29 U.S.C. 207) shall be applied as if the 

18 following text is part of such section: 

19 ‘‘(s)(1) The provisions of this section shall not apply 

20 for a period of 2 years after the occurrence of a major 

21 disaster to any employee— 

22 ‘‘(A) employed to adjust or evaluate claims re23 sulting from or relating to such major disaster, by 

24 an employer not engaged, directly or through an af25 filiate, in underwriting, selling, or marketing prop-
38 

•S 1771 PCS

1 erty, casualty, or liability insurance policies or con2 tracts; 

3 ‘‘(B) who receives from such employer on aver4 age weekly compensation of not less than $591.00 

5 per week or any minimum weekly amount estab6 lished by the Secretary, whichever is greater, for the 

7 number of weeks such employee is engaged in any 

8 of the activities described in subparagraph (C); and 

9 ‘‘(C) whose duties include any of the following: 

10 ‘‘(i) interviewing insured individuals, indi11 viduals who suffered injuries or other damages 

12 or losses arising from or relating to a disaster, 

13 witnesses, or physicians; 

14 ‘‘(ii) inspecting property damage or review15 ing factual information to prepare damage esti16 mates; 

17 ‘‘(iii) evaluating and making recommenda18 tions regarding coverage or compensability of 

19 claims or determining liability or value aspects 

20 of claims; 

21 ‘‘(iv) negotiating settlements; or 

22 ‘‘(v) making recommendations regarding 

23 litigation. 

24 ‘‘(2) The exemption in this subsection shall not affect 

25 the exemption provided by section 13(a)(1). 
39 

•S 1771 PCS

1 ‘‘(3) For purposes of this subsection— 

2 ‘‘(A) the term ‘major disaster’ means any dis3 aster or catastrophe declared or designated by any 

4 State or Federal agency or department; 

5 ‘‘(B) the term ‘employee employed to adjust or 

6 evaluate claims resulting from or relating to such 

7 major disaster’ means an individual who timely se8 cured or secures a license required by applicable law 

9 to engage in and perform the activities described in 

10 clauses (i) through (v) of paragraph (1)(C) relating 

11 to a major disaster, and is employed by an employer 

12 that maintains worker compensation insurance cov13 erage or protection for its employees, if required by 

14 applicable law, and withholds applicable Federal, 

15 State, and local income and payroll taxes from the 

16 wages, salaries and any benefits of such employees; 

17 and 

18 ‘‘(C) the term ‘affiliate’ means a company that, 

19 by reason of ownership or control of 25 percent or 

20 more of the outstanding shares of any class of voting 

21 securities of one or more companies, directly or indi22 rectly, controls, is controlled by, or is under common 

23 control with, another company.’’. 

24 (b) This section shall be effective on the date of en25 actment of this Act. 
40 

•S 1771 PCS

1 (RESCISSION)

2 SEC. 109. Of the funds made available under the 

3 heading ‘‘Employment and Training Administration– 

4 Training and Employment Services’’ in division H of Pub5 lic Law 115–31, $34,000,000 is rescinded, to be derived 

6 from the amount made available in paragraph (2)(A) 

7 under such heading for the period October 1, 2017, 

8 through September 30, 2018. 

9 SEC. 110. (a) FLEXIBILITY WITH RESPECT TO THE

10 CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE

11 SEAFOOD INDUSTRY.— 

12 (1) IN GENERAL.—Subject to paragraph (2), if 

13 a petition for H–2B nonimmigrants filed by an em14 ployer in the seafood industry is granted, the em15 ployer may bring the nonimmigrants described in 

16 the petition into the United States at any time dur17 ing the 120-day period beginning on the start date 

18 for which the employer is seeking the services of the 

19 nonimmigrants without filing another petition. 

20 (2) REQUIREMENTS FOR CROSSINGS AFTER

21 90TH DAY.—An employer in the seafood industry 

22 may not bring H–2B nonimmigrants into the United 

23 States after the date that is 90 days after the start 

24 date for which the employer is seeking the services 

25 of the nonimmigrants unless the employer— 
41 

•S 1771 PCS

1 (A) completes a new assessment of the 

2 local labor market by— 

3 (i) listing job orders in local news4 papers on 2 separate Sundays; and 

5 (ii) posting the job opportunity on the 

6 appropriate Department of Labor Elec7 tronic Job Registry and at the employer’s 

8 place of employment; and 

9 (B) offers the job to an equally or better 

10 qualified United States worker who— 

11 (i) applies for the job; and 

12 (ii) will be available at the time and 

13 place of need. 

14 (3) EXEMPTION FROM RULES WITH RESPECT

15 TO STAGGERING.—The Secretary of Labor shall not 

16 consider an employer in the seafood industry who 

17 brings H–2B nonimmigrants into the United States 

18 during the 120-day period specified in paragraph (1) 

19 to be staggering the date of need in violation of sec20 tion 655.20(d) of title 20, Code of Federal Regula21 tions, or any other applicable provision of law. 

22 (b) H–2B NONIMMIGRANTS DEFINED.—In this sec23 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad24 mitted to the United States pursuant to section 
42 

•S 1771 PCS

1 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 

2 Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 

3 SEC. 111. The determination of prevailing wage for 

4 the purposes of the H–2B program shall be the greater 

5 of—(1) the actual wage level paid by the employer to other 

6 employees with similar experience and qualifications for 

7 such position in the same location; or (2) the prevailing 

8 wage level for the occupational classification of the posi9 tion in the geographic area in which the H–2B non10 immigrant will be employed, based on the best information 

11 available at the time of filing the petition. In the deter12 mination of prevailing wage for the purposes of the H– 

13 2B program, the Secretary shall accept private wage sur14 veys even in instances where Occupational Employment 

15 Statistics survey data are available unless the Secretary 

16 determines that the methodology and data in the provided 

17 survey are not statistically supported. 

18 SEC. 112. None of the funds in this Act shall be used 

19 to enforce the definition of corresponding employment 

20 found in 20 CFR 655.5 or the three-fourths guarantee 

21 rule definition found in 20 CFR 655.20, or any references 

22 thereto. Further, for the purpose of regulating admission 

23 of temporary workers under the H–2B program, the defi24 nition of temporary need shall be that provided in 8 CFR 

25 214.2(h)(6)(ii)(B). 
43 

•S 1771 PCS

1 SEC. 113. Notwithstanding any other provision of 

2 law, the Secretary may furnish through grants, coopera3 tive agreements, contracts, and other arrangements, ex4 cess personal property to programs registered under the 

5 National Apprenticeship Act (50 Stat. 664; 29 U.S.C. 50 

6 et seq.) for the purpose of training apprentices in those 

7 programs. 

8 (RESCISSION)

9 SEC. 114. (a) Of the funds made available in para10 graph (2)(A) under the heading ‘‘Employment and Train11 ing Administration—Training and Employment Services’’ 

12 in division H of Public Law 115–31 for the period October 

13 1, 2017, through September 30, 2018, $30,000,000 are 

14 hereby rescinded. 

15 (b) For an additional amount for ‘‘Employment and 

16 Training Administration—Training and Employment 

17 Services’’, $30,000,000, to remain available until Sep18 tember 30, 2019, for training and employment assistance 

19 under sections 168(b), 169(c) (notwithstanding the 10 

20 percent limitation in such section) and 170 of the WIOA 

21 for workers in the Appalachian region, as defined by 40 

22 U.S.C. 14102(a)(1) and workers in the Lower Mississippi, 

23 as defined in section 4(2) of the Delta Development Act 

24 (Public Law 100–460, 102 Stat. 2246; 7 U.S.C. 

25 2009aa(2)). 
44 

•S 1771 PCS

1 SEC. 115. The proviso at the end of paragraph (1) 

2 under the heading ‘‘Department of Labor—Employment 

3 and Training Administration—State Unemployment In4 surance and Employment Service Operations’’ in title I 

5 of division G of Public Law 113–235 shall be applied in 

6 fiscal year 2018 by substituting ‘‘seven’’ for ‘‘six’’. 

7 This title may be cited as the ‘‘Department of Labor 

8 Appropriations Act, 2018’’. 
45 

•S 1771 PCS

1 TITLE II 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 HEALTH RESOURCES AND SERVICES ADMINISTRATION

5 PRIMARY HEALTH CARE

6 For carrying out titles II and III of the Public Health 

7 Service Act (referred to in this Act as the ‘‘PHS Act’’) 

8 with respect to primary health care and the Native Hawai9 ian Health Care Act of 1988, $1,491,522,000: Provided, 

10 That no more than $1,000,000 shall be available until ex11 pended for carrying out the provisions of section 224(o) 

12 of the PHS Act: Provided further, That no more than 

13 $99,893,000 shall be available until expended for carrying 

14 out the provisions of sections 224(g)–(n) and (q) of the 

15 PHS Act, and for expenses incurred by the Department 

16 of Health and Human Services (referred to in this Act 

17 as ‘‘HHS’’) pertaining to administrative claims made 

18 under such law. 

19 HEALTH WORKFORCE

20 For carrying out titles III, VII, and VIII of the PHS 

21 Act with respect to the health workforce, sections 1128E 

22 and 1921 of the Social Security Act, and the Health Care 

23 Quality Improvement Act of 1986, $856,195,000: Pro24 vided, That sections 747(c)(2), 751(j)(2), 762(k), and the 

25 proportional funding amounts in paragraphs (1) through 
46 

•S 1771 PCS

1 (4) of section 756(f) of the PHS Act shall not apply to 

2 funds made available under this heading: Provided further, 

3 That for any program operating under section 751 of the 

4 PHS Act on or before January 1, 2009, the Secretary of 

5 Health and Human Services (referred to in this title as 

6 the ‘‘Secretary’’) may hereafter waive any of the require7 ments contained in sections 751(d)(2)(A) and 

8 751(d)(2)(B) of such Act for the full project period of a 

9 grant under such section: Provided further, That no funds 

10 shall be available for section 340G–1 of the PHS Act: Pro11 vided further, That fees collected for the disclosure of in12 formation under section 427(b) of the Health Care Quality 

13 Improvement Act of 1986 and sections 1128E(d)(2) and 

14 1921 of the Social Security Act shall be sufficient to re15 cover the full costs of operating the programs authorized 

16 by such sections and shall remain available until expended 

17 for the National Practitioner Data Bank: Provided further, 

18 That funds transferred to this account to carry out section 

19 846 and subpart 3 of part D of title III of the PHS Act 

20 may be used to make prior year adjustments to awards 

21 made under such sections. 

22 MATERNAL AND CHILD HEALTH

23 For carrying out titles III, XI, XII, and XIX of the 

24 PHS Act with respect to maternal and child health, title 

25 V of the Social Security Act, and section 712 of the Amer-
47 

•S 1771 PCS

1 ican Jobs Creation Act of 2004, $848,617,000: Provided, 

2 That notwithstanding sections 502(a)(1) and 502(b)(1) of 

3 the Social Security Act, not more than $80,593,000 shall 

4 be available for carrying out special projects of regional 

5 and national significance pursuant to section 501(a)(2) of 

6 such Act and $10,276,000 shall be available for projects 

7 described in subparagraphs (A) through (F) of section 

8 501(a)(3) of such Act. 

9 RYAN WHITE HIV/AIDS PROGRAM

10 For carrying out title XXVI of the PHS Act with 

11 respect to the Ryan White HIV/AIDS program, 

12 $2,318,781,000, of which $1,970,881,000 shall remain 

13 available to the Secretary through September 30, 2020, 

14 for parts A and B of title XXVI of the PHS Act, and 

15 of which not less than $900,313,000 shall be for State 

16 AIDS Drug Assistance Programs under the authority of 

17 section 2616 or 311(c) of such Act. 

18 HEALTH CARE SYSTEMS

19 For carrying out titles III and XII of the PHS Act 

20 with respect to health care systems, and the Stem Cell 

21 Therapeutic and Research Act of 2005, $101,640,000, of 

22 which $122,000 shall be available until expended for facili23 ties renovations at the Gillis W. Long Hansen’s Disease 

24 Center. 
48 

•S 1771 PCS

1 RURAL HEALTH

2 For carrying out titles III and IV of the PHS Act 

3 with respect to rural health, section 427(a) of the Federal 

4 Coal Mine Health and Safety Act of 1969, and sections 

5 711 and 1820 of the Social Security Act, $160,560,000, 

6 of which $43,609,000 from general revenues, notwith7 standing section 1820(j) of the Social Security Act, shall 

8 be available for carrying out the Medicare rural hospital 

9 flexibility grants program: Provided, That of the funds 

10 made available under this heading for Medicare rural hos11 pital flexibility grants, $14,942,000 shall be available for 

12 the Small Rural Hospital Improvement Grant Program 

13 for quality improvement and adoption of health informa14 tion technology and up to $1,000,000 shall be to carry 

15 out section 1820(g)(6) of the Social Security Act, with 

16 funds provided for grants under section 1820(g)(6) avail17 able for the purchase and implementation of telehealth 

18 services, including pilots and demonstrations on the use 

19 of electronic health records to coordinate rural veterans 

20 care between rural providers and the Department of Vet21 erans Affairs electronic health record system: Provided 

22 further, That notwithstanding section 338J(k) of the PHS 

23 Act, $10,000,000 shall be available for State Offices of 

24 Rural Health. 
49 

•S 1771 PCS

1 FAMILY PLANNING

2 For carrying out the program under title X of the 

3 PHS Act to provide for voluntary family planning 

4 projects, $286,479,000: Provided, That amounts provided 

5 to said projects under such title shall not be expended for 

6 abortions, that all pregnancy counseling shall be nondirec7 tive, and that such amounts shall not be expended for any 

8 activity (including the publication or distribution of lit9 erature) that in any way tends to promote public support 

10 or opposition to any legislative proposal or candidate for 

11 public office: Provided further, That not less than 90 per12 cent shall be used only for, and in support of, clinical serv13 ices under section 1001 of the PHS Act: Provided further, 

14 That none of the funds made available in this Act, or any 

15 other appropriations Act in this or a prior fiscal year, shall 

16 be used to modify part 59 of title 42, Code of Federal 

17 Regulations. 

18 PROGRAM MANAGEMENT

19 For program support in the Health Resources and 

20 Services Administration, $154,000,000: Provided, That 

21 funds made available under this heading may be used to 

22 supplement program support funding provided under the 

23 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 

24 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 

25 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 
50 

•S 1771 PCS

1 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

2 For payments from the Vaccine Injury Compensation 

3 Program Trust Fund (the ‘‘Trust Fund’’), such sums as 

4 may be necessary for claims associated with vaccine-re5 lated injury or death with respect to vaccines administered 

6 after September 30, 1988, pursuant to subtitle 2 of title 

7 XXI of the PHS Act, to remain available until expended: 

8 Provided, That for necessary administrative expenses, not 

9 to exceed $7,750,000 shall be available from the Trust 

10 Fund to the Secretary. 

11 CENTERS FOR DISEASE CONTROL AND PREVENTION

12 IMMUNIZATION AND RESPIRATORY DISEASES

13 For carrying out titles II, III, XVII, and XXI, and 

14 section 2821 of the PHS Act, titles II and IV of the Immi15 gration and Nationality Act, and section 501 of the Ref16 ugee Education Assistance Act, with respect to immuniza17 tion and respiratory diseases, $470,000,000. 

18 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

19 DISEASES, AND TUBERCULOSIS PREVENTION

20 For carrying out titles II, III, XVII, and XXIII of 

21 the PHS Act with respect to HIV/AIDS, viral hepatitis, 

22 sexually transmitted diseases, and tuberculosis prevention, 

23 $1,117,278,000. 
51 

•S 1771 PCS

1 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

2 For carrying out titles II, III, and XVII, and section 

3 2821 of the PHS Act, titles II and IV of the Immigration 

4 and Nationality Act, and section 501 of the Refugee Edu5 cation Assistance Act, with respect to emerging and 

6 zoonotic infectious diseases, $532,922,000. 

7 CHRONIC DISEASE PREVENTION AND HEALTH

8 PROMOTION

9 For carrying out titles II, III, XI, XV, XVII, and 

10 XIX of the PHS Act with respect to chronic disease pre11 vention and health promotion, $817,596,000: Provided, 

12 That funds appropriated under this account may be avail13 able for making grants under section 1509 of the PHS 

14 Act for not less than 21 States, tribes, or tribal organiza15 tions: Provided further, That of the funds available under 

16 this heading, $10,000,000 shall be available to continue 

17 and expand community specific extension and outreach 

18 programs to combat obesity in counties with the highest 

19 levels of obesity: Provided further, That the proportional 

20 funding requirements under section 1503(a) of the PHS 

21 Act shall not apply to funds made available under this 

22 heading. 
52 

•S 1771 PCS

1 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

2 DISABILITIES AND HEALTH

3 For carrying out titles II, III, XI, and XVII of the 

4 PHS Act with respect to birth defects, developmental dis5 abilities, disabilities and health, $139,560,000. 

6 PUBLIC HEALTH SCIENTIFIC SERVICES

7 For carrying out titles II, III, and XVII of the PHS 

8 Act with respect to health statistics, surveillance, health 

9 informatics, and workforce development, $489,397,000. 

10 ENVIRONMENTAL HEALTH

11 For carrying out titles II, III, and XVII of the PHS 

12 Act with respect to environmental health, $163,750,000. 

13 INJURY PREVENTION AND CONTROL

14 For carrying out titles II, III, and XVII of the PHS 

15 Act with respect to injury prevention and control, 

16 $291,059,000: Provided, That of the funds provided under 

17 this heading, $112,000,000 shall be available for an evi18 dence-based opioid drug overdose prevention program. 

19 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

20 HEALTH

21 For carrying out titles II, III, and XVII of the PHS 

22 Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 

23 of the Federal Mine Safety and Health Act, section 13 

24 of the Mine Improvement and New Emergency Response 

25 Act, and sections 20, 21, and 22 of the Occupational Safe-
53 

•S 1771 PCS

1 ty and Health Act, with respect to occupational safety and 

2 health, $335,200,000. 

3 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

4 COMPENSATION PROGRAM

5 For necessary expenses to administer the Energy 

6 Employees Occupational Illness Compensation Program 

7 Act, $55,358,000, to remain available until expended: Pro8 vided, That this amount shall be available consistent with 

9 the provision regarding administrative expenses in section 

10 151(b) of division B, title I of Public Law 106–554. 

11 GLOBAL HEALTH

12 For carrying out titles II, III, and XVII of the PHS 

13 Act with respect to global health, $433,621,000, of which 

14 $128,421,000 for international HIV/AIDS shall remain 

15 available through September 30, 2019: Provided, That 

16 funds may be used for purchase and insurance of official 

17 motor vehicles in foreign countries. 

18 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

19 For carrying out titles II, III, and XVII of the PHS 

20 Act with respect to public health preparedness and re21 sponse, and for expenses necessary to support activities 

22 related to countering potential biological, nuclear, radio23 logical, and chemical threats to civilian populations, 

24 $1,405,000,000, of which $575,000,000 shall remain 

25 available until expended for the Strategic National Stock-
54 

•S 1771 PCS

1 pile: Provided, That in the event the Director of the Cen2 ters for Disease Control and Prevention (referred to in 

3 this title as ‘‘CDC’’) activates the Emergency Operations 

4 Center, the Director of the CDC may detail CDC staff 

5 without reimbursement for up to 90 days to support the 

6 work of the CDC Emergency Operations Center, so long 

7 as the Director provides a notice to the Committees on 

8 Appropriations of the House of Representatives and the 

9 Senate within 15 days of the use of this authority and 

10 a full report within 30 days after use of this authority 

11 which includes the number of staff and funding level bro12 ken down by the originating center and number of days 

13 detailed: Provided further, That funds appropriated under 

14 this heading may be used to support a contract for the 

15 operation and maintenance of an aircraft in direct support 

16 of activities throughout CDC to ensure the agency is pre17 pared to address public health preparedness emergencies. 

18 BUILDINGS AND FACILITIES

19 (INCLUDING TRANSFER OF FUNDS)

20 For acquisition of real property, equipment, construc21 tion, demolition, and renovation of facilities, $10,000,000, 

22 which shall remain available until September 30, 2022: 

23 Provided, That funds previously set-aside by CDC for re24 pair and upgrade of the Lake Lynn Experimental Mine 

25 and Laboratory shall be used to acquire a replacement 
55 

•S 1771 PCS

1 mine safety research facility: Provided further, That in ad2 dition, the prior year unobligated balance of any amounts 

3 assigned to former employees in accounts of CDC made 

4 available for Individual Learning Accounts shall be cred5 ited to and merged with the amounts made available under 

6 this heading to support the replacement of the mine safety 

7 research facility. 

8 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

9 For carrying out titles II, III, XVII and XIX, and 

10 section 2821 of the PHS Act and for cross-cutting activi11 ties and program support for activities funded in other 

12 appropriations included in this Act for the Centers for 

13 Disease Control and Prevention, $113,570,000: Provided, 

14 That paragraphs (1) through (3) of subsection (b) of sec15 tion 2821 of the PHS Act shall not apply to funds appro16 priated under this heading and in all other accounts of 

17 the CDC: Provided further, That employees of CDC or the 

18 Public Health Service, both civilian and commissioned of19 ficers, detailed to States, municipalities, or other organiza20 tions under authority of section 214 of the PHS Act, or 

21 in overseas assignments, shall be treated as non-Federal 

22 employees for reporting purposes only and shall not be in23 cluded within any personnel ceiling applicable to the Agen24 cy, Service, or HHS during the period of detail or assign25 ment: Provided further, That CDC may use up to $10,000 
56 

•S 1771 PCS

1 from amounts appropriated to CDC in this Act for official 

2 reception and representation expenses when specifically 

3 approved by the Director of CDC: Provided further, That 

4 in addition, such sums as may be derived from authorized 

5 user fees, which shall be credited to the appropriation 

6 charged with the cost thereof: Provided further, That with 

7 respect to the previous proviso, authorized user fees from 

8 the Vessel Sanitation Program and the Respirator Certifi9 cation Program shall be available through September 30, 

10 2019. 

11 NATIONAL INSTITUTES OF HEALTH

12 NATIONAL CANCER INSTITUTE

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to cancer, $5,558,270,000, of which up 

15 to $30,000,000 may be used for facilities repairs and im16 provements at the National Cancer Institute—Frederick 

17 Federally Funded Research and Development Center in 

18 Frederick, Maryland. 

19 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

20 For carrying out section 301 and title IV of the PHS 

21 Act with respect to cardiovascular, lung, and blood dis22 eases, and blood and blood products, $3,322,774,000. 
57 

•S 1771 PCS

1 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

2 RESEARCH

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to dental and craniofacial diseases, 

5 $439,738,000. 

6 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

7 KIDNEY DISEASES

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to diabetes and digestive and kidney dis10 ease, $1,935,597,000. 

11 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

12 AND STROKE

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to neurological disorders and stroke, 

15 $1,861,666,000. 

16 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

17 DISEASES

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to allergy and infectious diseases, 

20 $5,127,866,000. 

21 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

22 For carrying out section 301 and title IV of the PHS 

23 Act with respect to general medical sciences, 

24 $2,887,194,000, of which $1,074,443,000 shall be from 

25 funds available under section 241 of the PHS Act: Pro-
58 

•S 1771 PCS

1 vided, That not less than $344,313,000 is provided for 

2 the Institutional Development Awards program. 

3 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

4 CHILD HEALTH AND HUMAN DEVELOPMENT

5 For carrying out section 301 and title IV of the PHS 

6 Act with respect to child health and human development, 

7 $1,426,092,000. 

8 NATIONAL EYE INSTITUTE

9 For carrying out section 301 and title IV of the PHS 

10 Act with respect to eye diseases and visual disorders, 

11 $758,552,000. 

12 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

13 SCIENCES

14 For carrying out section 301 and title IV of the PHS 

15 Act with respect to environmental health sciences, 

16 $737,727,000. 

17 NATIONAL INSTITUTE ON AGING

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to aging, $2,535,539,000. 

20 NATIONAL INSTITUTE OF ARTHRITIS AND

21 MUSCULOSKELETAL AND SKIN DISEASES

22 For carrying out section 301 and title IV of the PHS 

23 Act with respect to arthritis and musculoskeletal and skin 

24 diseases, $576,178,000. 
59 

•S 1771 PCS

1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to deafness and other communication dis5 orders, $451,768,000. 

6 NATIONAL INSTITUTE OF NURSING RESEARCH

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to nursing research, $155,210,000. 

9 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

10 ALCOHOLISM

11 For carrying out section 301 and title IV of the PHS 

12 Act with respect to alcohol abuse and alcoholism, 

13 $500,491,000. 

14 NATIONAL INSTITUTE ON DRUG ABUSE

15 For carrying out section 301 and title IV of the PHS 

16 Act with respect to drug abuse, $1,113,442,000. 

17 NATIONAL INSTITUTE OF MENTAL HEALTH

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to mental health, $1,681,568,000. 

20 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to human genome research, 

23 $546,934,000. 
60 

•S 1771 PCS

1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to biomedical imaging and bioengineering 

5 research, $371,151,000. 

6 NATIONAL CENTER FOR COMPLEMENTARY AND

7 INTEGRATIVE HEALTH

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to complementary and integrative health, 

10 $139,654,000. 

11 NATIONAL INSTITUTE ON MINORITY HEALTH AND

12 HEALTH DISPARITIES

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to minority health and health disparities 

15 research, $297,784,000. 

16 JOHN E. FOGARTY INTERNATIONAL CENTER

17 For carrying out the activities of the John E. Fogarty 

18 International Center (described in subpart 2 of part E of 

19 title IV of the PHS Act), $74,380,000. 

20 NATIONAL LIBRARY OF MEDICINE

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to health information communications, 

23 $420,898,000: Provided, That of the amounts available for 

24 improvement of information systems, $4,000,000 shall be 

25 available until September 30, 2019: Provided further, That 
61 

•S 1771 PCS

1 in fiscal year 2018, the National Library of Medicine may 

2 enter into personal services contracts for the provision of 

3 services in facilities owned, operated, or constructed under 

4 the jurisdiction of the National Institutes of Health (re5 ferred to in this title as ‘‘NIH’’). 

6 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

7 SCIENCES

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to translational sciences, $729,094,000: 

10 Provided, That up to $24,496,593 shall be available to im11 plement section 480 of the PHS Act, relating to the Cures 

12 Acceleration Network: Provided further, That at least 

13 $533,076,000 is provided to the Clinical and Translational 

14 Sciences Awards program. 

15 OFFICE OF THE DIRECTOR

16 For carrying out the responsibilities of the Office of 

17 the Director, NIH, $1,796,970,000: Provided, That fund18 ing shall be available for the purchase of not to exceed 

19 29 passenger motor vehicles for replacement only: Pro20 vided further, That all funds credited to the NIH Manage21 ment Fund shall remain available for one fiscal year after 

22 the fiscal year in which they are deposited: Provided fur23 ther, That $575,290,000 shall be available for the Com24 mon Fund established under section 402A(c)(1) of the 

25 PHS Act: Provided further, That of the funds provided, 
62 

•S 1771 PCS

1 $10,000 shall be for official reception and representation 

2 expenses when specifically approved by the Director of the 

3 NIH: Provided further, That the Office of AIDS Research 

4 within the Office of the Director of the NIH may spend 

5 up to $8,000,000 to make grants for construction or ren6 ovation of facilities as provided for in section 

7 2354(a)(5)(B) of the PHS Act: Provided further, That 

8 $25,000,000 shall be used to carry out section 404I of 

9 the PHS Act (42 U.S.C. 283k), relating to biomedical and 

10 behavioral research facilities: Provided further, That the 

11 NIH shall open a funding opportunity with the objectives, 

12 eligibility, study populations, and review criteria of RFA 

13 HD–92–10 to be awarded strictly according to peer re14 view: Provided further, That the purpose of the funding 

15 opportunity in the previous proviso shall be to determine 

16 the adequacy of such a donor network to serve as tissue 

17 sources for all related fields of biomedical research and 

18 shall be limited to donated human fetal tissue from still19 births and spontaneous abortion: Provided further, That 

20 the Director may update such announcement to conform 

21 with current law, policy, and NIH practice. 

22 In addition to other funds appropriated for the Com23 mon Fund established under section 402A(c) of the PHS 

24 Act, $12,600,000 is appropriated to the Common Fund 

25 from the 10-year Pediatric Research Initiative Fund de-
63 

•S 1771 PCS

1 scribed in section 9008 of title 26, United States Code, 

2 for the purpose of carrying out section 402(b)(7)(B)(ii) 

3 of the PHS Act (relating to pediatric research), as author4 ized in the Gabriella Miller Kids First Research Act. 

5 BUILDINGS AND FACILITIES

6 For the study of, construction of, demolition of, ren7 ovation of, and acquisition of equipment for, facilities of 

8 or used by NIH, including the acquisition of real property, 

9 $128,863,000, to remain available through September 30, 

10 2022. 

11 NIH INNOVATION ACCOUNT, CURES ACT

12 For necessary expenses to carry out the purposes de13 scribed in section 1001(b)(4) of the 21st Century Cures 

14 Act, in addition to amounts available for such purposes 

15 in the appropriations provided to the National Institutes 

16 of Health in this Act, $496,000,000, to remain available 

17 until expended: Provided, That such amounts are appro18 priated pursuant to section 1001(b)(3) of such Act, are 

19 to be derived from amounts transferred under section 

20 1001(b)(2)(A) of such Act, and may be transferred by the 

21 Director of the National Institutes of Health to other ac22 counts of the National Institutes of Health solely for the 

23 purposes provided in such Act: Provided further, That 

24 upon a determination by the Director that funds trans25 ferred pursuant to the previous proviso are not necessary 
64 

•S 1771 PCS

1 for the purposes provided, such amounts may be trans2 ferred back to the Account: Provided further, That the 

3 transfer authority provided under this heading is in addi4 tion to any other transfer authority provided by law. 

5 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

6 ADMINISTRATION

7 MENTAL HEALTH

8 For carrying out titles III, V, and XIX of the PHS 

9 Act with respect to mental health, and the Protection and 

10 Advocacy for Individuals with Mental Illness Act, 

11 $1,147,998,000: Provided, That notwithstanding section 

12 520A(f)(2) of the PHS Act, no funds appropriated for car13 rying out section 520A shall be available for carrying out 

14 section 1971 of the PHS Act: Provided further, That in 

15 addition to amounts provided herein, $21,039,000 shall be 

16 available under section 241 of the PHS Act to carry out 

17 subpart I of part B of title XIX of the PHS Act to fund 

18 section 1920(b) technical assistance, national data, data 

19 collection and evaluation activities, and further that the 

20 total available under this Act for section 1920(b) activities 

21 shall not exceed 5 percent of the amounts appropriated 

22 for subpart I of part B of title XIX: Provided further, That 

23 up to 10 percent of the amounts made available to carry 

24 out the Children’s Mental Health Services program may 

25 be used to carry out demonstration grants or contracts 
65 

•S 1771 PCS

1 for early interventions with persons not more than 25 

2 years of age at clinical high risk of developing a first epi3 sode of psychosis: Provided further, That section 

4 520E(b)(2) of the PHS Act shall not apply to funds ap5 propriated in this Act for fiscal year 2018: Provided fur6 ther, That notwithstanding section 565(b)(1) of the PHS 

7 Act, technical assistance may be provided to a public enti8 ty to establish or operate a system of comprehensive com9 munity mental health services to children with a serious 

10 emotional disturbance, without regard to whether the pub11 lic entity receives a grant under section 561(a) of such 

12 Act: Provided further, That States shall expend at least 

13 10 percent of the amount each receives for carrying out 

14 section 1911 of the PHS Act to support evidence-based 

15 programs that address the needs of individuals with early 

16 serious mental illness, including psychotic disorders, re17 gardless of the age of the individual at onset: Provided 

18 further, That none of the funds provided for section 1911 

19 of the PHS Act shall be subject to section 241 of such 

20 Act: Provided further, That of the funds made available 

21 under this heading, $15,000,000 shall be to carry out sec22 tion 224 of the Protecting Access to Medicare Act of 2014 

23 (Public Law 113–93; 42 U.S.C. 290aa 22 note). 
66 

•S 1771 PCS

1 SUBSTANCE ABUSE TREATMENT

2 For carrying out titles III and V of the PHS Act 

3 with respect to substance abuse treatment and title XIX 

4 of such Act with respect to substance abuse treatment and 

5 prevention, $2,131,306,000: Provided, That in addition to 

6 amounts provided herein, the following amounts shall be 

7 available under section 241 of the PHS Act: (1) 

8 $79,200,000 to carry out subpart II of part B of title XIX 

9 of the PHS Act to fund section 1935(b) technical assist10 ance, national data, data collection and evaluation activi11 ties, and further that the total available under this Act 

12 for section 1935(b) activities shall not exceed 5 percent 

13 of the amounts appropriated for subpart II of part B of 

14 title XIX; and (2) $2,000,000 to evaluate substance abuse 

15 treatment programs: Provided further, That none of the 

16 funds provided for section 1921 of the PHS Act shall be 

17 subject to section 241 of such Act. 

18 SUBSTANCE ABUSE PREVENTION

19 For carrying out titles III and V of the PHS Act 

20 with respect to substance abuse prevention, $238,219,000. 

21 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

22 For program support and cross-cutting activities that 

23 supplement activities funded under the headings ‘‘Mental 

24 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 

25 Abuse Prevention’’ in carrying out titles III, V, and XIX 
67 

•S 1771 PCS

1 of the PHS Act and the Protection and Advocacy for Indi2 viduals with Mental Illness Act in the Substance Abuse 

3 and Mental Health Services Administration, 

4 $114,402,000: Provided, That in addition to amounts pro5 vided herein, $31,428,000 shall be available under section 

6 241 of the PHS Act to supplement funds available to 

7 carry out national surveys on drug abuse and mental 

8 health, to collect and analyze program data, and to con9 duct public awareness and technical assistance activities: 

10 Provided further, That, in addition, fees may be collected 

11 for the costs of publications, data, data tabulations, and 

12 data analysis completed under title V of the PHS Act and 

13 provided to a public or private entity upon request, which 

14 shall be credited to this appropriation and shall remain 

15 available until expended for such purposes: Provided fur16 ther, That amounts made available in this Act for carrying 

17 out section 501(m) of the PHS Act shall remain available 

18 through September 30, 2019: Provided further, That funds 

19 made available under this heading may be used to supple20 ment program support funding provided under the head21 ings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, 

22 and ‘‘Substance Abuse Prevention’’. 
68 

•S 1771 PCS

1 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

2 HEALTHCARE RESEARCH AND QUALITY

3 For carrying out titles III and IX of the PHS Act, 

4 part A of title XI of the Social Security Act, and section 

5 1013 of the Medicare Prescription Drug, Improvement, 

6 and Modernization Act of 2003, $324,000,000: Provided, 

7 That section 947(c) of the PHS Act shall not apply in 

8 fiscal year 2018: Provided further, That in addition, 

9 amounts received from Freedom of Information Act fees, 

10 reimbursable and interagency agreements, and the sale of 

11 data shall be credited to this appropriation and shall re12 main available until September 30, 2019. 

13 CENTERS FOR MEDICARE AND MEDICAID SERVICES

14 GRANTS TO STATES FOR MEDICAID

15 For carrying out, except as otherwise provided, titles 

16 XI and XIX of the Social Security Act, $284,798,384,000, 

17 to remain available until expended. 

18 For making, after May 31, 2018, payments to States 

19 under title XIX or in the case of section 1928 on behalf 

20 of States under title XIX of the Social Security Act for 

21 the last quarter of fiscal year 2018 for unanticipated costs 

22 incurred for the current fiscal year, such sums as may be 

23 necessary. 

24 For making payments to States or in the case of sec25 tion 1928 on behalf of States under title XIX of the Social 
69 

•S 1771 PCS

1 Security Act for the first quarter of fiscal year 2019, 

2 $134,847,759,000, to remain available until expended. 

3 Payment under such title XIX may be made for any 

4 quarter with respect to a State plan or plan amendment 

5 in effect during such quarter, if submitted in or prior to 

6 such quarter and approved in that or any subsequent 

7 quarter. 

8 PAYMENTS TO HEALTH CARE TRUST FUNDS

9 For payment to the Federal Hospital Insurance 

10 Trust Fund and the Federal Supplementary Medical In11 surance Trust Fund, as provided under sections 217(g), 

12 1844, and 1860D–16 of the Social Security Act, sections 

13 103(c) and 111(d) of the Social Security Amendments of 

14 1965, section 278(d)(3) of Public Law 97–248, and for 

15 administrative expenses incurred pursuant to section 

16 201(g) of the Social Security Act, $323,497,300,000. 

17 In addition, for making matching payments under 

18 section 1844 and benefit payments under section 1860D– 

19 16 of the Social Security Act that were not anticipated 

20 in budget estimates, such sums as may be necessary. 

21 PROGRAM MANAGEMENT

22 For carrying out, except as otherwise provided, titles 

23 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

24 XIII and XXVII of the PHS Act, the Clinical Laboratory 

25 Improvement Amendments of 1988, and other responsibil-
70 

•S 1771 PCS

1 ities of the Centers for Medicare and Medicaid Services, 

2 not to exceed $3,669,744,000, to be transferred from the 

3 Federal Hospital Insurance Trust Fund and the Federal 

4 Supplementary Medical Insurance Trust Fund, as author5 ized by section 201(g) of the Social Security Act; together 

6 with all funds collected in accordance with section 353 of 

7 the PHS Act and section 1857(e)(2) of the Social Security 

8 Act, funds retained by the Secretary pursuant to section 

9 302 of the Tax Relief and Health Care Act of 2006; and 

10 such sums as may be collected from authorized user fees 

11 and the sale of data, which shall be credited to this ac12 count and remain available until September 30, 2023: Pro13 vided, That all funds derived in accordance with 31 U.S.C. 

14 9701 from organizations established under title XIII of 

15 the PHS Act shall be credited to and available for carrying 

16 out the purposes of this appropriation: Provided further, 

17 That the Secretary is directed to collect fees in fiscal year 

18 2018 from Medicare Advantage organizations pursuant to 

19 section 1857(e)(2) of the Social Security Act and from eli20 gible organizations with risk-sharing contracts under sec21 tion 1876 of that Act pursuant to section 1876(k)(4)(D) 

22 of that Act. 

23 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

24 In addition to amounts otherwise available for pro25 gram integrity and program management, $745,000,000, 
71 

•S 1771 PCS

1 to remain available through September 30, 2019, to be 

2 transferred from the Federal Hospital Insurance Trust 

3 Fund and the Federal Supplementary Medical Insurance 

4 Trust Fund, as authorized by section 201(g) of the Social 

5 Security Act, of which $584,766,000 shall be for the Cen6 ters for Medicare and Medicaid Services program integrity 

7 activities, of which $84,398,000 shall be for the Depart8 ment of Health and Human Services Office of Inspector 

9 General to carry out fraud and abuse activities authorized 

10 by section 1817(k)(3) of such Act, and of which 

11 $75,836,000 shall be for the Department of Justice to 

12 carry out fraud and abuse activities authorized by section 

13 1817(k)(3) of such Act: Provided, That the report re14 quired by section 1817(k)(5) of the Social Security Act 

15 for fiscal year 2018 shall include measures of the oper16 ational efficiency and impact on fraud, waste, and abuse 

17 in the Medicare, Medicaid, and CHIP programs for the 

18 funds provided by this appropriation: Provided further, 

19 That of the amount provided under this heading, 

20 $311,000,000 is provided to meet the terms of section 

21 251(b)(2)(C)(ii) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985, as amended, and 

23 $434,000,000 is additional new budget authority specified 

24 for purposes of section 251(b)(2)(C) of such Act: Provided 

25 further, That the Secretary shall support the full cost of 
72 

•S 1771 PCS

1 the Senior Medicare Patrol program to combat health care 

2 fraud and abuse from the funds provided to this account. 

3 ADMINISTRATION FOR CHILDREN AND FAMILIES

4 PAYMENTS TO STATES FOR CHILD SUPPORT

5 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

6 For carrying out, except as otherwise provided, titles 

7 I, IV–D, X, XI, XIV, and XVI of the Social Security Act 

8 and the Act of July 5, 1960, $2,995,400,000, to remain 

9 available until expended; and for such purposes for the 

10 first quarter of fiscal year 2019, $1,400,000,000, to re11 main available until expended. 

12 For carrying out, after May 31 of the current fiscal 

13 year, except as otherwise provided, titles I, IV–D, X, XI, 

14 XIV, and XVI of the Social Security Act and the Act of 

15 July 5, 1960, for the last 3 months of the current fiscal 

16 year for unanticipated costs, incurred for the current fiscal 

17 year, such sums as may be necessary. 

18 LOW INCOME HOME ENERGY ASSISTANCE

19 For making payments under subsections (b) and (d) 

20 of section 2602 of the Low Income Home Energy Assist21 ance Act of 1981, $3,390,304,000: Provided, That all but 

22 $491,000,000 of this amount shall be allocated as though 

23 the total appropriation for such payments for fiscal year 

24 2018 was less than $1,975,000,000: Provided further, 

25 That notwithstanding section 2609A(a), of the amounts 
73 

•S 1771 PCS

1 appropriated under section 2602(b), not more than 

2 $2,988,000 of such amounts may be reserved by the Sec3 retary for technical assistance, training, and monitoring 

4 of program activities for compliance with internal controls, 

5 policies and procedures and may, in addition to the au6 thorities provided in section 2609A(a)(1), use such funds 

7 through contracts with private entities that do not qualify 

8 as nonprofit organizations. 

9 REFUGEE AND ENTRANT ASSISTANCE

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses for refugee and entrant as12 sistance activities authorized by section 414 of the Immi13 gration and Nationality Act and section 501 of the Ref14 ugee Education Assistance Act of 1980, and for carrying 

15 out section 462 of the Homeland Security Act of 2002, 

16 section 235 of the William Wilberforce Trafficking Victims 

17 Protection Reauthorization Act of 2008, the Trafficking 

18 Victims Protection Act of 2000 (‘‘TVPA’’), and the Tor19 ture Victims Relief Act of 1998, $1,506,691,000, of which 

20 $1,475,201,000 shall remain available through September 

21 30, 2020 for carrying out such sections 414, 501, 462, 

22 and 235: Provided, That amounts available under this 

23 heading to carry out the TVPA shall also be available for 

24 research and evaluation with respect to activities under 

25 such Act: Provided further, That the limitation in section 
74 

•S 1771 PCS

1 205 of this Act regarding transfers increasing any appro2 priation shall apply to transfers to appropriations under 

3 this heading by substituting ‘‘10 percent’’ for ‘‘3 percent’’. 

4 PAYMENTS TO STATES FOR THE CHILD CARE AND

5 DEVELOPMENT BLOCK GRANT

6 For carrying out the Child Care and Development 

7 Block Grant Act of 2014 (‘‘CCDBG Act’’), 

8 $2,856,000,000 shall be used to supplement, not supplant 

9 State general revenue funds for child care assistance for 

10 low-income families: Provided, That technical assistance 

11 under section 658I(a)(3) of such Act may be provided di12 rectly, or through the use of contracts, grants, cooperative 

13 agreements, or interagency agreements: Provided further, 

14 That all funds made available to carry out section 418 

15 of the Social Security Act (42 U.S.C. 618), including 

16 funds appropriated for that purpose in such section 418 

17 or any other provision of law, shall be subject to the res18 ervation of funds authority in paragraphs (4) and (5) of 

19 section 658O(a) of the CCDBG Act. 

20 SOCIAL SERVICES BLOCK GRANT

21 For making grants to States pursuant to section 

22 2002 of the Social Security Act, $1,700,000,000: Pro23 vided, That notwithstanding subparagraph (B) of section 

24 404(d)(2) of such Act, the applicable percent specified 

25 under such subparagraph for a State to carry out State 
75 

•S 1771 PCS

1 programs pursuant to title XX–A of such Act shall be 10 

2 percent. 

3 CHILDREN AND FAMILIES SERVICES PROGRAMS

4 For carrying out, except as otherwise provided, the 

5 Runaway and Homeless Youth Act, the Head Start Act, 

6 the Every Student Succeeds Act, the Child Abuse Preven7 tion and Treatment Act, sections 303 and 313 of the 

8 Family Violence Prevention and Services Act, the Native 

9 American Programs Act of 1974, title II of the Child 

10 Abuse Prevention and Treatment and Adoption Reform 

11 Act of 1978 (adoption opportunities), part B–1 of title IV 

12 and sections 429, 473A, 477(i), 1110, 1114A, and 1115 

13 of the Social Security Act, and the Community Services 

14 Block Grant Act (‘‘CSBG Act’’), and for necessary admin15 istrative expenses to carry out titles I, IV, V, X, XI, XIV, 

16 XVI, and XX–A of the Social Security Act, the Act of 

17 July 5, 1960, the Low-Income Home Energy Assistance 

18 Act of 1981, the Child Care and Development Block Grant 

19 Act of 2014, the Assets for Independence Act, title IV of 

20 the Immigration and Nationality Act, and section 501 of 

21 the Refugee Education Assistance Act of 1980, 

22 $11,284,368,000, of which $37,943,000, to remain avail23 able through September 30, 2019, shall be for grants to 

24 States for adoption and legal guardianship incentive pay25 ments, as defined by section 473A of the Social Security 
76 

•S 1771 PCS

1 Act and may be made for adoptions and legal 

2 guardianships completed before September 30, 2018: Pro3 vided, That $9,253,095,000 shall be for making payments 

4 under the Head Start Act: Provided further, That of the 

5 amount in the previous proviso, $8,588,095,000 shall be 

6 available for payments under section 640 of the Head 

7 Start Act: Provided further, That of the amount provided 

8 for making payments under the Head Start Act, 

9 $25,000,000 shall be available for allocation by the Sec10 retary to supplement activities described in paragraphs 

11 (7)(B) and (9) of section 641(c) of such Act under the 

12 Designation Renewal System, established under the au13 thority of sections 641(c)(7), 645A(b)(12) and 645A(d) 

14 of such Act: Provided further, That notwithstanding such 

15 section 640, of the amount provided for making payments 

16 under the Head Start Act, and in addition to funds other17 wise available under such section 640, $640,000,000 shall 

18 be available through March 31, 2019 for Early Head Start 

19 programs as described in section 645A of such Act, for 

20 conversion of Head Start services to Early Head Start 

21 services as described in section 645(a)(5)(A) of such Act, 

22 for discretionary grants for high quality infant and toddler 

23 care through Early Head Start-Child Care Partnerships, 

24 to entities defined as eligible under section 645A(d) of 

25 such Act, for training and technical assistance for such 
77 

•S 1771 PCS

1 activities, and for up to $14,000,000 in Federal costs of 

2 administration and evaluation, and, notwithstanding sec3 tion 645A(c)(2) of such Act, these funds are available to 

4 serve children under age 4: Provided further, That funds 

5 described in the preceding two provisos shall not be in6 cluded in the calculation of ‘‘base grant’’ in subsequent 

7 fiscal years, as such term is used in section 640(a)(7)(A) 

8 of such Act: Provided further, That $250,000,000 shall be 

9 available until December 31, 2018 for carrying out sec10 tions 9212 and 9213 of the Every Student Succeeds Act: 

11 Provided further, That up to 3 percent of the funds in 

12 the preceding proviso shall be available for technical as13 sistance and evaluation related to grants awarded under 

14 such section 9212: Provided further, That $727,383,000 

15 shall be for making payments under the CSBG Act: Pro16 vided further, That $27,733,000 shall be for sections 680 

17 and 678E(b)(2) of the CSBG Act, of which not less than 

18 $19,883,000 shall be for section 680(a)(2) and not less 

19 than $7,500,000 shall be for section 680(a)(3)(B) of such 

20 Act: Provided further, That, notwithstanding section 

21 675C(a)(3) of such Act, to the extent Community Services 

22 Block Grant funds are distributed as grant funds by a 

23 State to an eligible entity as provided under such Act, and 

24 have not been expended by such entity, they shall remain 

25 with such entity for carryover into the next fiscal year for 
78 

•S 1771 PCS

1 expenditure by such entity consistent with program pur2 poses: Provided further, That the Secretary shall establish 

3 procedures regarding the disposition of intangible assets 

4 and program income that permit such assets acquired 

5 with, and program income derived from, grant funds au6 thorized under section 680 of the CSBG Act to become 

7 the sole property of such grantees after a period of not 

8 more than 12 years after the end of the grant period for 

9 any activity consistent with section 680(a)(2)(A) of the 

10 CSBG Act: Provided further, That intangible assets in the 

11 form of loans, equity investments and other debt instru12 ments, and program income may be used by grantees for 

13 any eligible purpose consistent with section 680(a)(2)(A) 

14 of the CSBG Act: Provided further, That these procedures 

15 shall apply to such grant funds made available after No16 vember 29, 1999: Provided further, That funds appro17 priated for section 680(a)(2) of the CSBG Act shall be 

18 available for financing construction and rehabilitation and 

19 loans or investments in private business enterprises owned 

20 by community development corporations: Provided further, 

21 That $156,000,000 shall be for carrying out the Family 

22 Violence Prevention and Services Act, of which 

23 $5,000,000 shall be allocated notwithstanding section 

24 303(a)(2) of such Act for carrying out section 309 of such 

25 Act: Provided further, That $1,864,000 shall be for a 
79 

•S 1771 PCS

1 human services case management system for federally de2 clared disasters, to include a comprehensive national case 

3 management contract and Federal costs of administering 

4 the system: Provided further, That up to $2,000,000 shall 

5 be for improving the Public Assistance Reporting Informa6 tion System, including grants to States to support data 

7 collection for a study of the system’s effectiveness. 

8 PROMOTING SAFE AND STABLE FAMILIES

9 For carrying out, except as otherwise provided, sec10 tion 436 of the Social Security Act, $325,000,000 and, 

11 for carrying out, except as otherwise provided, section 437 

12 of such Act, $59,765,000: Provided, That notwithstanding 

13 sections 438(c)(3)(A) and 436(b)(2) of such Act, 

14 $10,000,000 shall be available for such section 436(b)(2), 

15 of which no funds shall be available for carrying out sec16 tions 438(c)(3)(A)(ii) and (iii) of such Act. 

17 PAYMENTS FOR FOSTER CARE AND PERMANENCY

18 For carrying out, except as otherwise provided, title 

19 IV–E of the Social Security Act, $6,225,000,000. 

20 For carrying out, except as otherwise provided, title 

21 IV–E of the Social Security Act, for the first quarter of 

22 fiscal year 2019, $2,700,000,000. 

23 For carrying out, after May 31 of the current fiscal 

24 year, except as otherwise provided, section 474 of title IV– 

25 E of the Social Security Act, for the last 3 months of the 
80 

•S 1771 PCS

1 current fiscal year for unanticipated costs, incurred for the 

2 current fiscal year, such sums as may be necessary. 

3 ADMINISTRATION FOR COMMUNITY LIVING

4 AGING AND DISABILITY SERVICES PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For carrying out, to the extent not otherwise pro7 vided, the Older Americans Act of 1965 (‘‘OAA’’), titles 

8 III and XXIX of the PHS Act, sections 1252 and 1253 

9 of the PHS Act, section 119 of the Medicare Improve10 ments for Patients and Providers Act of 2008, title XX– 

11 B of the Social Security Act, the Developmental Disabil12 ities Assistance and Bill of Rights Act, parts 2 and 5 of 

13 subtitle D of title II of the Help America Vote Act of 

14 2002, the Assistive Technology Act of 1998, titles II and 

15 VII (and section 14 with respect to such titles) of the Re16 habilitation Act of 1973, and for Department-wide coordi17 nation of policy and program activities that assist individ18 uals with disabilities, $1,919,000,000: together with 

19 $47,115,000 to be transferred from the Federal Hospital 

20 Insurance Trust Fund and the Federal Supplementary 

21 Medical Insurance Trust Fund to carry out section 4360 

22 of the Omnibus Budget Reconciliation Act of 1990: Pro23 vided, That amounts appropriated under this heading may 

24 be used for grants to States under section 361 of the OAA 

25 only for disease prevention and health promotion pro-
81 

•S 1771 PCS

1 grams and activities which have been demonstrated 

2 through rigorous evaluation to be evidence-based and ef3 fective: Provided further, That of amounts made available 

4 under this heading to carry out sections 311, 331, and 

5 336 of the OAA, up to one percent of such amounts shall 

6 be available for developing and implementing evidence7 based practices for enhancing senior nutrition: Provided 

8 further, That notwithstanding any other provision of this 

9 Act, funds made available under this heading to carry out 

10 section 311 of the OAA may be transferred to the Sec11 retary of Agriculture in accordance with such section: Pro12 vided further, That $2,000,000 shall be for competitive 

13 grants to support alternative financing programs that pro14 vide for the purchase of assistive technology devices, such 

15 as a low-interest loan fund; an interest buy-down program; 

16 a revolving loan fund; a loan guarantee; or an insurance 

17 program: Provided further, That applicants shall provide 

18 an assurance that, and information describing the manner 

19 in which, the alternative financing program will expand 

20 and emphasize consumer choice and control: Provided fur21 ther, That State agencies and community-based disability 

22 organizations that are directed by and operated for indi23 viduals with disabilities shall be eligible to compete: Pro24 vided further, That none of the funds made available under 

25 this heading may be used by an eligible system (as defined 
82 

•S 1771 PCS

1 in section 102 of the Protection and Advocacy for Individ2 uals with Mental Illness Act (42 U.S.C. 10802)) to con3 tinue to pursue any legal action in a Federal or State 

4 court on behalf of an individual or group of individuals 

5 with a developmental disability (as defined in section 

6 102(8)(A) of the Developmental Disabilities and Assist7 ance and Bill of Rights Act of 2000 (20 U.S.C. 

8 15002(8)(A)) that is attributable to a mental impairment 

9 (or a combination of mental and physical impairments), 

10 that has as the requested remedy the closure of State op11 erated intermediate care facilities for people with intellec12 tual or developmental disabilities, unless reasonable public 

13 notice of the action has been provided to such individuals 

14 (or, in the case of mental incapacitation, the legal guard15 ians who have been specifically awarded authority by the 

16 courts to make healthcare and residential decisions on be17 half of such individuals) who are affected by such action, 

18 within 90 days of instituting such legal action, which in19 forms such individuals (or such legal guardians) of their 

20 legal rights and how to exercise such rights consistent with 

21 current Federal Rules of Civil Procedure: Provided further, 

22 That the limitations in the immediately preceding proviso 

23 shall not apply in the case of an individual who is neither 

24 competent to consent nor has a legal guardian, nor shall 
83 

•S 1771 PCS

1 the proviso apply in the case of individuals who are a ward 

2 of the State or subject to public guardianship. 

3 OFFICE OF THE SECRETARY

4 GENERAL DEPARTMENTAL MANAGEMENT

5 For necessary expenses, not otherwise provided, for 

6 general departmental management, including hire of six 

7 passenger motor vehicles, and for carrying out titles III, 

8 XVII, XXI, and section 229 of the PHS Act, the United 

9 States-Mexico Border Health Commission Act, and re10 search studies under section 1110 of the Social Security 

11 Act, $470,629,000, together with $64,828,000 from the 

12 amounts available under section 241 of the PHS Act to 

13 carry out national health or human services research and 

14 evaluation activities: Provided, That of this amount, 

15 $53,900,000 shall be for minority AIDS prevention and 

16 treatment activities: Provided further, That of the funds 

17 made available under this heading, $101,000,000 shall be 

18 for making competitive contracts and to continue funding 

19 grants to public and private entities to the same extent 

20 and in the same manner as those grants were funded in 

21 fiscal year 2016 to fund medically accurate and age appro22 priate programs that reduce teen pregnancy and for the 

23 Federal costs associated with administering and evalu24 ating such contracts and grants, of which not more than 

25 10 percent of the available funds shall be for training and 
84 

•S 1771 PCS

1 technical assistance, evaluation, outreach, and additional 

2 program support activities, and of the remaining amount 

3 75 percent shall be for replicating programs that have 

4 been proven effective through rigorous evaluation to re5 duce teenage pregnancy, behavioral risk factors underlying 

6 teenage pregnancy, or other associated risk factors, and 

7 25 percent shall be available for research and demonstra8 tion grants to develop, replicate, refine, and test additional 

9 models and innovative strategies for preventing teenage 

10 pregnancy: Provided further, That of the amounts pro11 vided under this heading from amounts available under 

12 section 241 of the PHS Act, $6,800,000 shall be available 

13 to carry out evaluations (including longitudinal evalua14 tions) of teenage pregnancy prevention approaches: Pro15 vided further, That of the funds made available under this 

16 heading, $25,000,000 shall be for making competitive 

17 grants which exclusively implement education in sexual 

18 risk avoidance (defined as voluntarily refraining from non19 marital sexual activity): Provided further, That funding for 

20 such competitive grants for sexual risk avoidance shall use 

21 medically accurate information referenced to peer-re22 viewed publications by educational, scientific, govern23 mental, or health organizations; implement an evidence24 based approach integrating research findings with prac25 tical implementation that aligns with the needs and de-
85 

•S 1771 PCS

1 sired outcomes for the intended audience; and teach the 

2 benefits associated with self-regulation, success sequenc3 ing for poverty prevention, healthy relationships, goal set4 ting, and resisting sexual coercion, dating violence, and 

5 other youth risk behaviors such as underage drinking or 

6 illicit drug use without normalizing teen sexual activity: 

7 Provided further, That no more than 10 percent of the 

8 funding for such competitive grants for sexual risk avoid9 ance shall be available for technical assistance and admin10 istrative costs of such programs: Provided further, That 

11 funds provided in this Act for embryo adoption activities 

12 may be used to provide to individuals adopting embryos, 

13 through grants and other mechanisms, medical and ad14 ministrative services deemed necessary for such adoptions: 

15 Provided further, That such services shall be provided con16 sistent with 42 CFR 59.5(a)(4). 

17 ACCOUNT FOR THE STATE RESPONSE TO THE OPIOID

18 ABUSE CRISIS, CURES ACT

19 For necessary expenses to carry out the purposes de20 scribed in section 1003(c) of the 21st Century Cures Act, 

21 $500,000,000 to remain available until expended: Pro22 vided, That such amounts are appropriated pursuant to 

23 section 1003(b)(3) of such Act, are to be derived from 

24 amounts transferred under section 1003(b)(2)(A) of such 

25 Act, and may be transferred by the Secretary of Health 
86 

•S 1771 PCS

1 and Human Services to other accounts of the Department 

2 solely for the purposes provided in such Act: Provided fur3 ther, That upon a determination by the Secretary that 

4 funds transferred pursuant to the previous proviso are not 

5 necessary for the purposes provided, such amounts may 

6 be transferred back to the Account: Provided further, That 

7 the transfer authority provided under this heading is in 

8 addition to any other transfer authority provided by law. 

9 OFFICE OF MEDICARE HEARINGS AND APPEALS

10 For expenses necessary for the Office of Medicare 

11 Hearings and Appeals, $107,381,000, to be transferred in 

12 appropriate part from the Federal Hospital Insurance 

13 Trust Fund and the Federal Supplementary Medical In14 surance Trust Fund: Provided, That of amounts the Sec15 retary retains for adjudications related to Recovery Audit 

16 Contractor (RAC) appeals under section 1893(h)(1)(c) of 

17 the Social Security Act, $10,000,000 shall be used as ad18 ditional funds for the necessary expenses of the Office of 

19 Medicare Hearings and Appeals and the Departmental 

20 Appeals Board to process RAC-related appeals, and to es21 tablish a process to provide educational feedback from 

22 such Office and Board to the Centers for Medicare and 

23 Medicaid Services to reduce the claims overturn rate from 

24 the claims that are reviewed by such Office or Board. 
87 

•S 1771 PCS

1 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

2 INFORMATION TECHNOLOGY

3 For expenses necessary for the Office of the National 

4 Coordinator for Health Information Technology, including 

5 grants, contracts, and cooperative agreements for the de6 velopment and advancement of interoperable health infor7 mation technology, $60,367,000. 

8 OFFICE OF INSPECTOR GENERAL

9 For expenses necessary for the Office of Inspector 

10 General, including the hire of passenger motor vehicles for 

11 investigations, in carrying out the provisions of the Inspec12 tor General Act of 1978, $80,000,000: Provided, That of 

13 such amount, necessary sums shall be available for pro14 viding protective services to the Secretary and inves15 tigating non-payment of child support cases for which non16 payment is a Federal offense under 18 U.S.C. 228. 

17 OFFICE FOR CIVIL RIGHTS

18 For expenses necessary for the Office for Civil 

19 Rights, $38,798,000. 

20 RETIREMENT PAY AND MEDICAL BENEFITS FOR

21 COMMISSIONED OFFICERS

22 For retirement pay and medical benefits of Public 

23 Health Service Commissioned Officers as authorized by 

24 law, for payments under the Retired Serviceman’s Family 

25 Protection Plan and Survivor Benefit Plan, and for med-
88 

•S 1771 PCS

1 ical care of dependents and retired personnel under the 

2 Dependents’ Medical Care Act, such amounts as may be 

3 required during the current fiscal year. 

4 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

5 FUND

6 For expenses necessary to support activities related 

7 to countering potential biological, nuclear, radiological, 

8 chemical, and cybersecurity threats to civilian populations, 

9 and for other public health emergencies, $950,958,000, of 

10 which $511,700,000 shall remain available through Sep11 tember 30, 2019, for expenses necessary to support ad12 vanced research and development pursuant to section 

13 319L of the PHS Act and other administrative expenses 

14 of the Biomedical Advanced Research and Development 

15 Authority: Provided, That funds provided under this head16 ing for the purpose of acquisition of security counter17 measures shall be in addition to any other funds available 

18 for such purpose: Provided further, That products pur19 chased with funds provided under this heading may, at 

20 the discretion of the Secretary, be deposited in the Stra21 tegic National Stockpile pursuant to section 319F–2 of 

22 the PHS Act: Provided further, That $5,000,000 of the 

23 amounts made available to support emergency operations 

24 shall remain available through September 30, 2020. 
89 

•S 1771 PCS

1 For expenses necessary for procuring security coun2 termeasures (as defined in section 319F–2(c)(1)(B) of the 

3 PHS Act), $510,000,000, to remain available until ex4 pended. 

5 For an additional amount for expenses necessary to 

6 prepare for or respond to an influenza pandemic, 

7 $92,000,000; of which $75,000,000 shall be available until 

8 expended, for activities including the development and 

9 purchase of vaccine, antivirals, necessary medical supplies, 

10 diagnostics, and other surveillance tools: Provided, That 

11 notwithstanding section 496(b) of the PHS Act, funds 

12 may be used for the construction or renovation of privately 

13 owned facilities for the production of pandemic influenza 

14 vaccines and other biologics, if the Secretary finds such 

15 construction or renovation necessary to secure sufficient 

16 supplies of such vaccines or biologics. 

17 GENERAL PROVISIONS

18 SEC. 201. Funds appropriated in this title shall be 

19 available for not to exceed $50,000 for official reception 

20 and representation expenses when specifically approved by 

21 the Secretary. 

22 SEC. 202. None of the funds appropriated in this title 

23 shall be used to pay the salary of an individual, through 

24 a grant or other extramural mechanism, at a rate in excess 

25 of Executive Level II. 
90 

•S 1771 PCS

1 SEC. 203. None of the funds appropriated in this Act 

2 may be expended pursuant to section 241 of the PHS Act, 

3 except for funds specifically provided for in this Act, or 

4 for other taps and assessments made by any office located 

5 in HHS, prior to the preparation and submission of a re6 port by the Secretary to the Committees on Appropria7 tions of the House of Representatives and the Senate de8 tailing the planned uses of such funds. 

9 SEC. 204. Notwithstanding section 241(a) of the 

10 PHS Act, such portion as the Secretary shall determine, 

11 but not more than 2.9 percent, of any amounts appro12 priated for programs authorized under such Act shall be 

13 made available for the evaluation (directly, or by grants 

14 or contracts) and the implementation and effectiveness of 

15 programs funded in this title. 

16 (TRANSFER OF FUNDS)

17 SEC. 205. Not to exceed 1 percent of any discre18 tionary funds (pursuant to the Balanced Budget and 

19 Emergency Deficit Control Act of 1985) which are appro20 priated for the current fiscal year for HHS in this Act 

21 may be transferred between appropriations, but no such 

22 appropriation shall be increased by more than 3 percent 

23 by any such transfer: Provided, That the transfer author24 ity granted by this section shall not be used to create any 

25 new program or to fund any project or activity for which 
91 

•S 1771 PCS

1 no funds are provided in this Act: Provided further, That 

2 the Committees on Appropriations of the House of Rep3 resentatives and the Senate are notified at least 15 days 

4 in advance of any transfer. 

5 SEC. 206. In lieu of the timeframe specified in section 

6 338E(c)(2) of the PHS Act, terminations described in 

7 such section may occur up to 60 days after the execution 

8 of a contract awarded in fiscal year 2018 under section 

9 338B of such Act. 

10 SEC. 207. None of the funds appropriated in this Act 

11 may be made available to any entity under title X of the 

12 PHS Act unless the applicant for the award certifies to 

13 the Secretary that it encourages family participation in 

14 the decision of minors to seek family planning services and 

15 that it provides counseling to minors on how to resist at16 tempts to coerce minors into engaging in sexual activities. 

17 SEC. 208. Notwithstanding any other provision of 

18 law, no provider of services under title X of the PHS Act 

19 shall be exempt from any State law requiring notification 

20 or the reporting of child abuse, child molestation, sexual 

21 abuse, rape, or incest. 

22 SEC. 209. None of the funds appropriated by this Act 

23 (including funds appropriated to any trust fund) may be 

24 used to carry out the Medicare Advantage program if the 

25 Secretary denies participation in such program to an oth-
92 

•S 1771 PCS

1 erwise eligible entity (including a Provider Sponsored Or2 ganization) because the entity informs the Secretary that 

3 it will not provide, pay for, provide coverage of, or provide 

4 referrals for abortions: Provided, That the Secretary shall 

5 make appropriate prospective adjustments to the capita6 tion payment to such an entity (based on an actuarially 

7 sound estimate of the expected costs of providing the serv8 ice to such entity’s enrollees): Provided further, That noth9 ing in this section shall be construed to change the Medi10 care program’s coverage for such services and a Medicare 

11 Advantage organization described in this section shall be 

12 responsible for informing enrollees where to obtain infor13 mation about all Medicare covered services. 

14 SEC. 210. None of the funds made available in this 

15 title may be used, in whole or in part, to advocate or pro16 mote gun control. 

17 SEC. 211. The Secretary shall make available through 

18 assignment not more than 60 employees of the Public 

19 Health Service to assist in child survival activities and to 

20 work in AIDS programs through and with funds provided 

21 by the Agency for International Development, the United 

22 Nations International Children’s Emergency Fund or the 

23 World Health Organization. 

24 SEC. 212. In order for HHS to carry out inter25 national health activities, including HIV/AIDS and other 
93 

•S 1771 PCS

1 infectious disease, chronic and environmental disease, and 

2 other health activities abroad during fiscal year 2018: 

3 (1) The Secretary may exercise authority equiv4 alent to that available to the Secretary of State in 

5 section 2(c) of the State Department Basic Authori6 ties Act of 1956. The Secretary shall consult with 

7 the Secretary of State and relevant Chief of Mission 

8 to ensure that the authority provided in this section 

9 is exercised in a manner consistent with section 207 

10 of the Foreign Service Act of 1980 and other appli11 cable statutes administered by the Department of 

12 State. 

13 (2) The Secretary is authorized to provide such 

14 funds by advance or reimbursement to the Secretary 

15 of State as may be necessary to pay the costs of ac16 quisition, lease, alteration, renovation, and manage17 ment of facilities outside of the United States for 

18 the use of HHS. The Department of State shall co19 operate fully with the Secretary to ensure that HHS 

20 has secure, safe, functional facilities that comply 

21 with applicable regulation governing location, set22 back, and other facilities requirements and serve the 

23 purposes established by this Act. The Secretary is 

24 authorized, in consultation with the Secretary of 

25 State, through grant or cooperative agreement, to 
94 

•S 1771 PCS

1 make available to public or nonprofit private institu2 tions or agencies in participating foreign countries, 

3 funds to acquire, lease, alter, or renovate facilities in 

4 those countries as necessary to conduct programs of 

5 assistance for international health activities, includ6 ing activities relating to HIV/AIDS and other infec7 tious diseases, chronic and environmental diseases, 

8 and other health activities abroad. 

9 (3) The Secretary is authorized to provide to 

10 personnel appointed or assigned by the Secretary to 

11 serve abroad, allowances and benefits similar to 

12 those provided under chapter 9 of title I of the For13 eign Service Act of 1980, and 22 U.S.C. 4081 

14 through 4086 and subject to such regulations pre15 scribed by the Secretary. The Secretary is further 

16 authorized to provide locality-based comparability 

17 payments (stated as a percentage) up to the amount 

18 of the locality-based comparability payment (stated 

19 as a percentage) that would be payable to such per20 sonnel under section 5304 of title 5, United States 

21 Code if such personnel’s official duty station were in 

22 the District of Columbia. Leaves of absence for per23 sonnel under this subsection shall be on the same 

24 basis as that provided under subchapter I of chapter 

25 63 of title 5, United States Code, or section 903 of 
95 

•S 1771 PCS

1 the Foreign Service Act of 1980, to individuals serv2 ing in the Foreign Service. 

3 (TRANSFER OF FUNDS)

4 SEC. 213. The Director of the NIH, jointly with the 

5 Director of the Office of AIDS Research, may transfer up 

6 to 3 percent among institutes and centers from the total 

7 amounts identified by these two Directors as funding for 

8 research pertaining to the human immunodeficiency virus: 

9 Provided, That the Committees on Appropriations of the 

10 House of Representatives and the Senate are notified at 

11 least 15 days in advance of any transfer. 

12 (TRANSFER OF FUNDS)

13 SEC. 214. Of the amounts made available in this Act 

14 for NIH, the amount for research related to the human 

15 immunodeficiency virus, as jointly determined by the Di16 rector of NIH and the Director of the Office of AIDS Re17 search, shall be made available to the ‘‘Office of AIDS 

18 Research’’ account. The Director of the Office of AIDS 

19 Research shall transfer from such account amounts nec20 essary to carry out section 2353(d)(3) of the PHS Act. 

21 SEC. 215. (a) AUTHORITY.—Notwithstanding any 

22 other provision of law, the Director of NIH (‘‘Director’’) 

23 may use funds authorized under section 402(b)(12) of the 

24 PHS Act to enter into transactions (other than contracts, 

25 cooperative agreements, or grants) to carry out research 
96 

•S 1771 PCS

1 identified pursuant to or research and activities described 

2 in such section 402(b)(12). 

3 (b) PEER REVIEW.—In entering into transactions 

4 under subsection (a), the Director may utilize such peer 

5 review procedures (including consultation with appropriate 

6 scientific experts) as the Director determines to be appro7 priate to obtain assessments of scientific and technical 

8 merit. Such procedures shall apply to such transactions 

9 in lieu of the peer review and advisory council review pro10 cedures that would otherwise be required under sections 

11 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

12 and 494 of the PHS Act. 

13 SEC. 216. Not to exceed $45,000,000 of funds appro14 priated by this Act to the institutes and centers of the 

15 National Institutes of Health may be used for alteration, 

16 repair, or improvement of facilities, as necessary for the 

17 proper and efficient conduct of the activities authorized 

18 herein, at not to exceed $3,500,000 per project. 

19 (TRANSFER OF FUNDS)

20 SEC. 217. Of the amounts made available for NIH, 

21 1 percent of the amount made available for National Re22 search Service Awards (‘‘NRSA’’) shall be made available 

23 to the Administrator of the Health Resources and Services 

24 Administration to make NRSA awards for research in pri25 mary medical care to individuals affiliated with entities 
97 

•S 1771 PCS

1 who have received grants or contracts under sections 736, 

2 739, or 747 of the PHS Act, and 1 percent of the amount 

3 made available for NRSA shall be made available to the 

4 Director of the Agency for Healthcare Research and Qual5 ity to make NRSA awards for health service research. 

6 SEC. 218. (a) The Biomedical Advanced Research 

7 and Development Authority (‘‘BARDA’’) may enter into 

8 a contract, for more than one but no more than 10 pro9 gram years, for purchase of research services or of security 

10 countermeasures, as that term is defined in section 319F– 

11 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

12 if— 

13 (1) funds are available and obligated— 

14 (A) for the full period of the contract or 

15 for the first fiscal year in which the contract is 

16 in effect; and 

17 (B) for the estimated costs associated with 

18 a necessary termination of the contract; and 

19 (2) the Secretary determines that a multi-year 

20 contract will serve the best interests of the Federal 

21 Government by encouraging full and open competi22 tion or promoting economy in administration, per23 formance, and operation of BARDA’s programs. 

24 (b) A contract entered into under this section— 
98 

•S 1771 PCS

1 (1) shall include a termination clause as de2 scribed by subsection (c) of section 3903 of title 41, 

3 United States Code; and 

4 (2) shall be subject to the congressional notice 

5 requirement stated in subsection (d) of such section. 

6 (TRANSFER OF FUNDS)

7 SEC. 219. (a) Within 45 days of enactment of this 

8 Act, the Secretary shall transfer funds appropriated under 

9 section 4002 of the ACA to the accounts specified, in the 

10 amounts specified, and for the activities specified under 

11 the heading ‘‘Prevention and Public Health Fund’’ in the 

12 report accompanying this Act. 

13 (b) Notwithstanding section 4002(c) of the ACA, the 

14 Secretary may not further transfer these amounts. 

15 (c) Funds transferred for activities authorized under 

16 section 2821 of the PHS Act shall be made available with17 out reference to section 2821(b) of such Act. 

18 SEC. 220. (a) The Secretary shall publish in the fiscal 

19 year 2019 budget justification and on Departmental Web 

20 sites information concerning the employment of full-time 

21 equivalent Federal employees or contractors for the pur22 poses of implementing, administering, enforcing, or other23 wise carrying out the provisions of the ACA, and the 

24 amendments made by that Act, in the proposed fiscal year 

25 and each fiscal year since the enactment of the ACA. 
99 

•S 1771 PCS

1 (b) With respect to employees or contractors sup2 ported by all funds appropriated for purposes of carrying 

3 out the ACA (and the amendments made by that Act), 

4 the Secretary shall include, at a minimum, the following 

5 information: 

6 (1) For each such fiscal year, the section of 

7 such Act under which such funds were appropriated, 

8 a statement indicating the program, project, or ac9 tivity receiving such funds, the Federal operating di10 vision or office that administers such program, and 

11 the amount of funding received in discretionary or 

12 mandatory appropriations. 

13 (2) For each such fiscal year, the number of 

14 full-time equivalent employees or contracted employ15 ees assigned to each authorized and funded provision 

16 detailed in accordance with paragraph (1). 

17 (c) In carrying out this section, the Secretary may 

18 exclude from the report employees or contractors who— 

19 (1) are supported through appropriations en20 acted in laws other than the ACA and work on pro21 grams that existed prior to the passage of the ACA; 

22 (2) spend less than 50 percent of their time on 

23 activities funded by or newly authorized in the ACA; 

24 or 
100 

•S 1771 PCS

1 (3) work on contracts for which FTE reporting 

2 is not a requirement of their contract, such as fixed3 price contracts. 

4 SEC. 221. The Secretary shall publish, as part of the 

5 fiscal year 2019 budget of the President submitted under 

6 section 1105(a) of title 31, United States Code, informa7 tion that details the uses of all funds used by the Centers 

8 for Medicare and Medicaid Services specifically for Health 

9 Insurance Exchanges for each fiscal year since the enact10 ment of the ACA and the proposed uses for such funds 

11 for fiscal year 2019. Such information shall include, for 

12 each such fiscal year, the amount of funds used for each 

13 activity specified under the heading ‘‘Health Insurance 

14 Exchange Transparency’’ in the report accompanying this 

15 Act. 

16 SEC. 222. (a) The Secretary shall provide to the 

17 Committees on Appropriations of the House of Represent18 atives and the Senate: 

19 (1) Detailed monthly enrollment figures from 

20 the Exchanges established under the Patient Protec21 tion and Affordable Care Act of 2010 pertaining to 

22 enrollments during the open enrollment period; and 

23 (2) Notification of any new or competitive grant 

24 awards, including supplements, authorized under 

25 section 330 of the Public Health Service Act. 
101 

•S 1771 PCS

1 (b) The Committees on Appropriations of the House 

2 and Senate must be notified at least 2 business days in 

3 advance of any public release of enrollment information 

4 or the award of such grants. 

5 SEC. 223. None of the funds made available by this 

6 Act from the Federal Hospital Insurance Trust Fund or 

7 the Federal Supplemental Medical Insurance Trust Fund, 

8 or transferred from other accounts funded by this Act to 

9 the ‘‘Centers for Medicare and Medicaid Services—Pro10 gram Management’’ account, may be used for payments 

11 under section 1342(b)(1) of Public Law 111–148 (relating 

12 to risk corridors). 

13 SEC. 224. In addition to the amounts otherwise avail14 able for ‘‘Centers for Medicare and Medicaid Services, 

15 Program Management’’, the Secretary of Health and 

16 Human Services may transfer up to $305,000,000 to such 

17 account from the Federal Hospital Insurance Trust Fund 

18 and the Federal Supplementary Medical Insurance Trust 

19 Fund to support program management activity related to 

20 the Medicare Program: Provided, That except for the fore21 going purpose, such funds may not be used to support any 

22 provision of Public Law 111–148 or Public Law 111–152 

23 (or any amendment made by either such Public Law) or 

24 to supplant any other amounts within such account. 
102 

•S 1771 PCS

1 SEC. 225. The Secretary shall include in the fiscal 

2 year 2019 budget justification an analysis of how section 

3 2713 of the PHS Act will impact eligibility for discre4 tionary HHS programs. 

5 SEC. 226. Effective during the period beginning on 

6 November 1, 2015 and ending January 1, 2020, any pro7 vision of law that refers (including through cross-reference 

8 to another provision of law) to the current recommenda9 tions of the United States Preventive Services Task Force 

10 with respect to breast cancer screening, mammography, 

11 and prevention shall be administered by the Secretary in12 volved as if— 

13 (1) such reference to such current recommenda14 tions were a reference to the recommendations of 

15 such Task Force with respect to breast cancer 

16 screening, mammography, and prevention last issued 

17 before 2009; and 

18 (2) such recommendations last issued before 

19 2009 applied to any screening mammography modal20 ity under section 1861(jj) of the Social Security Act 

21 (42 U.S.C. 1395x(jj)). 

22 SEC. 227. In making Federal financial assistance, the 

23 provisions relating to indirect costs in part 75 of title 45, 

24 Code of Federal Regulations, including with respect to the 

25 approval of deviations from negotiated rates, shall con-
103 

•S 1771 PCS

1 tinue to apply to the National Institutes of Health to the 

2 same extent and in the same manner as such provisions 

3 were applied in the third quarter of fiscal year 2017. None 

4 of the funds appropriated in this or prior Acts or otherwise 

5 made available to the Department of Health and Human 

6 Services or to any department or agency may be used to 

7 develop or implement a modified approach to such provi8 sions, or to intentionally or substantially expand the fiscal 

9 effect of the approval of such deviations from negotiated 

10 rates beyond the proportional effect of such approvals in 

11 such quarter. 

12 (RESCISSION)

13 SEC. 228. Of the unobligated balances available in 

14 the ‘‘Nonrecurring Expenses Fund’’ established in section 

15 223 of division G of Public Law 110–161, $560,000,000 

16 are hereby rescinded. 

17 (RESCISSION)

18 SEC. 229. Of the unobligated balances available 

19 under the heading ‘‘Refugee and Entrant Assistance’’ 

20 from prior appropriations acts, for carrying out section 

21 462 of the Homeland Security Act of 2002 and section 

22 235 of the William Wilberforce Trafficking Victims Pro23 tection Reauthorization Act of 2008, $140,000,000 are 

24 hereby rescinded. 
104 

•S 1771 PCS

1 This title may be cited as the ‘‘Department of Health 

2 and Human Services Appropriations Act, 2018’’. 
105 

•S 1771 PCS

1 TITLE III 

2 DEPARTMENT OF EDUCATION 

3 EDUCATION FOR THE DISADVANTAGED

4 For carrying out title I and subpart 2 of part B of 

5 title II of the Elementary and Secondary Education Act 

6 of 1965 (referred to in this Act as ‘‘ESEA’’) and section 

7 418A of the Higher Education Act of 1965 (referred to 

8 in this Act as ‘‘HEA’’), $16,169,198,000, of which 

9 $5,251,398,000 shall become available on July 1, 2018, 

10 and shall remain available through September 30, 2019, 

11 and of which $10,841,177,000 shall become available on 

12 October 1, 2018, and shall remain available through Sep13 tember 30, 2019, for academic year 2018–2019: Provided, 

14 That $6,459,401,000 shall be for basic grants under sec15 tion 1124 of the ESEA: Provided further, That up to 

16 $5,000,000 of these funds shall be available to the Sec17 retary of Education (referred to in this title as ‘‘Sec18 retary’’) on October 1, 2017, to obtain annually updated 

19 local educational agency-level census poverty data from 

20 the Bureau of the Census: Provided further, That 

21 $1,362,301,000 shall be for concentration grants under 

22 section 1124A of the ESEA: Provided further, That 

23 $3,831,754,000 shall be for targeted grants under section 

24 1125 of the ESEA: Provided further, That 

25 $3,831,754,000 shall be for education finance incentive 
106 

•S 1771 PCS

1 grants under section 1125A of the ESEA: Provided fur2 ther, That $217,000,000 shall be for carrying out subpart 

3 2 of part B of title II: Provided further, That $44,623,000 

4 shall be for carrying out section 418A of the HEA. 

5 IMPACT AID

6 For carrying out programs of financial assistance to 

7 federally affected schools authorized by title VII of the 

8 ESEA, $1,340,112,000, of which $1,200,242,000 shall be 

9 for basic support payments under section 7003(b), 

10 $48,316,000 shall be for payments for children with dis11 abilities under section 7003(d), $17,406,000 shall be for 

12 construction under section 7007(a), $69,313,000 shall be 

13 for Federal property payments under section 7002, and 

14 $4,835,000, to remain available until expended, shall be 

15 for facilities maintenance under section 7008: Provided, 

16 That for purposes of computing the amount of a payment 

17 for an eligible local educational agency under section 

18 7003(a) for school year 2017–2018, children enrolled in 

19 a school of such agency that would otherwise be eligible 

20 for payment under section 7003(a)(1)(B) of such Act, but 

21 due to the deployment of both parents or legal guardians, 

22 or a parent or legal guardian having sole custody of such 

23 children, or due to the death of a military parent or legal 

24 guardian while on active duty (so long as such children 

25 reside on Federal property as described in section 
107 

•S 1771 PCS

1 7003(a)(1)(B)), are no longer eligible under such section, 

2 shall be considered as eligible students under such section, 

3 provided such students remain in average daily attendance 

4 at a school in the same local educational agency they at5 tended prior to their change in eligibility status. 

6 SCHOOL IMPROVEMENT PROGRAMS

7 For carrying out school improvement activities au8 thorized by part B of title I, part A of title II, subpart 

9 1 of part A of title IV, part B of title IV, part B of title 

10 V, and parts B and C of title VI of the ESEA; the McKin11 ney-Vento Homeless Assistance Act; section 203 of the 

12 Educational Technical Assistance Act of 2002; the Com13 pact of Free Association Amendments Act of 2003; and 

14 the Civil Rights Act of 1964, $4,458,567,000, of which 

15 $2,638,002,000 shall become available on July 1, 2018, 

16 and remain available through September 30, 2019, and 

17 of which $1,681,441,000 shall become available on Octo18 ber 1, 2018, and shall remain available through September 

19 30, 2019, for academic year 2018–2019: Provided, That 

20 $369,100,000 shall be for part B of title I: Provided fur21 ther, That $1,191,673,000 shall be for part B of title IV: 

22 Provided further, That $33,397,000 shall be for part B 

23 of title VI and may be used for construction, renovation, 

24 and modernization of any elementary school, secondary 

25 school, or structure related to an elementary school or sec-
108 

•S 1771 PCS

1 ondary school, run by the Department of Education of the 

2 State of Hawaii, that serves a predominantly Native Ha3 waiian student body: Provided further, That $32,453,000 

4 shall be for part C of title VI and shall be awarded on 

5 a competitive basis, and also may be used for construction: 

6 Provided further, That $50,000,000 shall be available to 

7 carry out section 203 of the Educational Technical Assist8 ance Act of 2002 and the Secretary shall make such ar9 rangements as determined to be necessary to ensure that 

10 the Bureau of Indian Education has access to services pro11 vided under this section: Provided further, That 

12 $16,699,000 shall be available to carry out the Supple13 mental Education Grants program for the Federated 

14 States of Micronesia and the Republic of the Marshall Is15 lands: Provided further, That the Secretary may reserve 

16 up to 5 percent of the amount referred to in the previous 

17 proviso to provide technical assistance in the implementa18 tion of these grants: Provided further, That $175,840,000 

19 shall be for part B of title V: Provided further, That 

20 $450,000,000 shall be available for grants under subpart 

21 1 of part A of title IV: Provided further, That notwith22 standing subsections (a) and (b) of section 4105 of such 

23 Act, each State may use funds reserved under section 

24 4104(a)(1) of such Act to award subgrants, on a competi25 tive basis, to local educational agencies receiving a grant 
109 

•S 1771 PCS

1 under part A of title I, or consortia of such local edu2 cational agencies, of such Act, to enable the agencies or 

3 consortia to support activities authorized under one or 

4 more of sections 4107, 4108, and 4109(a) of such Act: 

5 Provided further, That each such subgrant shall be subject 

6 to the same terms and conditions as an allocation provided 

7 under section 4105 of such Act, except as otherwise pro8 vided in this Act: Provided further, That each State that 

9 awards such subgrants shall award such subgrants with 

10 priority given to local educational agencies, or consortia 

11 of local educational agencies, with the greatest need based 

12 on the number or percentage of children counted under 

13 section 1124(c), in a manner that ensures geographic di14 versity among subgrant recipients representing rural, sub15 urban, and urban areas, and in a manner that distributes 

16 the total amount of funds available to the State under sec17 tion 4104(a)(1) consistent with the requirements de18 scribed in subparagraphs (C) through (E) of section 

19 4106(e)(2) of such Act: Provided further, That each such 

20 subgrant awarded shall be for a term of one year and in 

21 an amount of not less than $10,000, and a subgrant re22 cipient shall not be subject to any of the distribution re23 quirements described in subparagraphs (C) through (E) 

24 of subsections (e)(2) and (f), of section 4106 of such Act: 

25 Provided further, That notwithstanding section 4109(b) of 
110 

•S 1771 PCS

1 such Act, a subgrant recipient using such subgrant funds 

2 to carry out only activities authorized under section 

3 4109(a) of such Act may use not more than 25 percent 

4 of the subgrant funds for purchasing technology infra5 structure as described in such section 4109(b): Provided 

6 further, That amounts made available under this heading 

7 to a State agency awarding such subgrants shall remain 

8 available until September 30, 2019. 

9 INDIAN EDUCATION

10 For expenses necessary to carry out, to the extent 

11 not otherwise provided, title VI, part A of the ESEA, 

12 $165,239,000, of which $57,993,000 shall be for subpart 

13 2 of part A of title VI and $6,865,000 shall be for subpart 

14 3 of part A of title VI. 

15 INNOVATION AND IMPROVEMENT

16 For carrying out activities authorized by subparts 1, 

17 3 and 4 of part B of title II, and parts C and D and 

18 subparts 1 and 4 of part F of title IV of the ESEA, 

19 $880,375,000: Provided, That $253,815,000 shall be for 

20 subparts 1, 3 and 4 of part B of title II and shall be made 

21 available without regard to sections 2201, 2231(b) and 

22 2241: Provided further, That $531,560,000 shall be for 

23 parts C and D and subpart 4 of part F of title IV, and 

24 shall be made available without regard to sections 4311, 

25 4409(a), and 4601 of the ESEA: Provided further, That 
111 

•S 1771 PCS

1 section 4303(d)(3)(A)(i) shall not apply to the funds avail2 able for part C of title IV: Provided further, That of the 

3 funds available for part C of title IV, the Secretary shall 

4 use not less than $31,000,000 to carry out section 4304, 

5 of which not more than $10,000,000 shall be available to 

6 carry out section 4304(k), not more than $110,000,000 

7 to carry out section 4305(b), and not less than 

8 $11,000,000 to carry out the activities in section 

9 4305(a)(3): Provided further, That notwithstanding sec10 tion 4601(b), $95,000,000 shall be available through De11 cember 31, 2018 for subpart 1 of part F of title IV. 

12 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

13 For carrying out activities authorized by subparts 2 

14 and 3 of part F of title IV of the ESEA, $131,254,000: 

15 Provided, That $58,000,000 shall be available for section 

16 4631, of which up to $5,000,000, to remain available until 

17 expended, shall be for the Project School Emergency Re18 sponse to Violence (‘‘Project SERV’’) program: Provided 

19 further, That $73,254,000 shall be available through De20 cember 31, 2018, for section 4624: Provided further, That 

21 section 4623(b) of the ESEA shall apply to funds appro22 priated for Promise Neighborhoods under this heading in 

23 prior appropriations acts: Provided further, That, no later 

24 than March 31, 2018, the Secretary shall award extension 

25 grants under such section on a competitive basis to grant-
112 

•S 1771 PCS

1 ees who have demonstrated positive and promising results 

2 during their initial implementation grant and propose to 

3 continue pursuing ambitious goals during an extension of 

4 that grant. 

5 ENGLISH LANGUAGE ACQUISITION

6 For carrying out part A of title III of the ESEA, 

7 $737,400,000, which shall become available on July 1, 

8 2018, and shall remain available through September 30, 

9 2019, except that 6.5 percent of such amount shall be 

10 available on October 1, 2017, and shall remain available 

11 through September 30, 2019, to carry out activities under 

12 section 3111(c)(1)(C). 

13 SPECIAL EDUCATION

14 For carrying out the Individuals with Disabilities 

15 Education Act (IDEA) and the Special Olympics Sport 

16 and Empowerment Act of 2004, $13,066,858,000, of 

17 which $3,546,259,000 shall become available on July 1, 

18 2018, and shall remain available through September 30, 

19 2019, and of which $9,283,383,000 shall become available 

20 on October 1, 2018, and shall remain available through 

21 September 30, 2019, for academic year 2018–2019: Pro22 vided, That the amount for section 611(b)(2) of the IDEA 

23 shall be equal to the lesser of the amount available for 

24 that activity during fiscal year 2017, increased by the 

25 amount of inflation as specified in section 619(d)(2)(B) 
113 

•S 1771 PCS

1 of the IDEA, or the percent change in the funds appro2 priated under section 611(i) of the IDEA, but not less 

3 than the amount for that activity during fiscal year 2017: 

4 Provided further, That the Secretary shall, without regard 

5 to section 611(d) of the IDEA, distribute to all other 

6 States (as that term is defined in section 611(g)(2)), sub7 ject to the third proviso, any amount by which a State’s 

8 allocation under section 611, from funds appropriated 

9 under this heading, is reduced under section 

10 612(a)(18)(B), according to the following: 85 percent on 

11 the basis of the States’ relative populations of children 

12 aged 3 through 21 who are of the same age as children 

13 with disabilities for whom the State ensures the avail14 ability of a free appropriate public education under this 

15 part, and 15 percent to States on the basis of the States’ 

16 relative populations of those children who are living in pov17 erty: Provided further, That the Secretary may not dis18 tribute any funds under the previous proviso to any State 

19 whose reduction in allocation from funds appropriated 

20 under this heading made funds available for such a dis21 tribution: Provided further, That the States shall allocate 

22 such funds distributed under the second proviso to local 

23 educational agencies in accordance with section 611(f): 

24 Provided further, That the amount by which a State’s allo25 cation under section 611(d) of the IDEA is reduced under 
114 

•S 1771 PCS

1 section 612(a)(18)(B) and the amounts distributed to 

2 States under the previous provisos in fiscal year 2012 or 

3 any subsequent year shall not be considered in calculating 

4 the awards under section 611(d) for fiscal year 2013 or 

5 for any subsequent fiscal years: Provided further, That, 

6 notwithstanding the provision in section 612(a)(18)(B) re7 garding the fiscal year in which a State’s allocation under 

8 section 611(d) is reduced for failure to comply with the 

9 requirement of section 612(a)(18)(A), the Secretary may 

10 apply the reduction specified in section 612(a)(18)(B) over 

11 a period of consecutive fiscal years, not to exceed five, 

12 until the entire reduction is applied: Provided further, 

13 That the Secretary may, in any fiscal year in which a 

14 State’s allocation under section 611 is reduced in accord15 ance with section 612(a)(18)(B), reduce the amount a 

16 State may reserve under section 611(e)(1) by an amount 

17 that bears the same relation to the maximum amount de18 scribed in that paragraph as the reduction under section 

19 612(a)(18)(B) bears to the total allocation the State 

20 would have received in that fiscal year under section 

21 611(d) in the absence of the reduction: Provided further, 

22 That the Secretary shall either reduce the allocation of 

23 funds under section 611 for any fiscal year following the 

24 fiscal year for which the State fails to comply with the 

25 requirement of section 612(a)(18)(A) as authorized by 
115 

•S 1771 PCS

1 section 612(a)(18)(B), or seek to recover funds under sec2 tion 452 of the General Education Provisions Act (20 

3 U.S.C. 1234a): Provided further, That the funds reserved 

4 under 611(c) of the IDEA may be used to provide tech5 nical assistance to States to improve the capacity of the 

6 States to meet the data collection requirements of sections 

7 616 and 618 and to administer and carry out other serv8 ices and activities to improve data collection, coordination, 

9 quality, and use under parts B and C of the IDEA: Pro10 vided further, That the Secretary may use funds made 

11 available for the State Personnel Development Grants pro12 gram under part D, subpart 1 of IDEA to evaluate pro13 gram performance under such subpart. 

14 REHABILITATION SERVICES

15 For carrying out, to the extent not otherwise pro16 vided, the Rehabilitation Act of 1973 and the Helen Keller 

17 National Center Act, $3,562,418,000, of which 

18 $3,452,931,000 shall be for grants for vocational rehabili19 tation services under title I of the Rehabilitation Act: Pro20 vided, That the Secretary may use amounts provided in 

21 this Act that remain available subsequent to the reallot22 ment of funds to States pursuant to section 110(b) of the 

23 Rehabilitation Act for innovative activities aimed at im24 proving the outcomes of individuals with disabilities as de25 fined in section 7(20)(B) of the Rehabilitation Act, includ-
116 

•S 1771 PCS

1 ing activities aimed at improving the education and post2 school outcomes of children receiving Supplemental Secu3 rity Income (‘‘SSI’’) and their families that may result 

4 in long-term improvement in the SSI child recipient’s eco5 nomic status and self-sufficiency: Provided further, That 

6 States may award subgrants for a portion of the funds 

7 to other public and private, nonprofit entities: Provided 

8 further, That any funds made available subsequent to real9 lotment for innovative activities aimed at improving the 

10 outcomes of individuals with disabilities shall remain avail11 able until September 30, 2019. 

12 SPECIAL INSTITUTIONS FOR PERSONS WITH

13 DISABILITIES

14 AMERICAN PRINTING HOUSE FOR THE BLIND

15 For carrying out the Act to promote the Education 

16 of the Blind of March 3, 1879, $25,431,000. 

17 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

18 For the National Technical Institute for the Deaf 

19 under titles I and II of the Education of the Deaf Act 

20 of 1986, $70,016,000: Provided, That from the total 

21 amount available, the Institute may at its discretion use 

22 funds for the endowment program as authorized under 

23 section 207 of such Act. 
117 

•S 1771 PCS

1 GALLAUDET UNIVERSITY

2 For the Kendall Demonstration Elementary School, 

3 the Model Secondary School for the Deaf, and the partial 

4 support of Gallaudet University under titles I and II of 

5 the Education of the Deaf Act of 1986, $121,275,000: 

6 Provided, That from the total amount available, the Uni7 versity may at its discretion use funds for the endowment 

8 program as authorized under section 207 of such Act. 

9 CAREER, TECHNICAL, AND ADULT EDUCATION

10 For carrying out, to the extent not otherwise pro11 vided, the Carl D. Perkins Career and Technical Edu12 cation Act of 2006 and the Adult Education and Family 

13 Literacy Act (‘‘AEFLA’’), $1,720,686,000, of which 

14 $929,686,000 shall become available on July 1, 2018, and 

15 shall remain available through September 30, 2019, and 

16 of which $791,000,000 shall become available on October 

17 1, 2018, and shall remain available through September 30, 

18 2019: Provided, That of the amounts made available for 

19 AEFLA, $13,712,000 shall be for national leadership ac20 tivities under section 242. 

21 STUDENT FINANCIAL ASSISTANCE

22 For carrying out subparts 1, 3, and 10 of part A, 

23 and part C of title IV of the HEA, $24,198,210,000, 

24 which shall remain available through September 30, 2019. 
118 

•S 1771 PCS

1 The maximum Pell Grant for which a student shall 

2 be eligible during award year 2018–2019 shall be $4,960. 

3 STUDENT AID ADMINISTRATION

4 For Federal administrative expenses to carry out part 

5 D of title I, and subparts 1, 3, 9, and 10 of part A, and 

6 parts B, C, D, and E of title IV of the HEA, and subpart 

7 1 of part A of title VII of the Public Health Service Act, 

8 $1,576,854,000, to remain available through September 

9 30, 2019: Provided, That the Secretary shall allocate new 

10 student loan borrower accounts to eligible student loan 

11 servicers on the basis of their performance compared to 

12 all loan servicers utilizing established common metrics, 

13 and on the basis of the capacity of each servicer to process 

14 new and existing accounts: Provided further, That the Sec15 retary shall, no later than September 30, 2017, allow stu16 dent loan borrowers who are consolidating Federal student 

17 loans to select from any student loan servicer to service 

18 their new consolidated student loan: Provided further, 

19 That in order to promote accountability and high-quality 

20 service to borrowers, the Secretary shall not issue any con21 tract solicitation for a new Federal student loan servicing 

22 solution unless such a solution provides for the participa23 tion of multiple student loan servicers that contract di24 rectly with the Department of Education and allocates 
119 

•S 1771 PCS

1 student loan borrower accounts to eligible student loan 

2 servicers based on performance. 

3 HIGHER EDUCATION

4 For carrying out, to the extent not otherwise pro5 vided, titles II, III, IV, V, VI, and VII of the HEA, the 

6 Mutual Educational and Cultural Exchange Act of 1961, 

7 and section 117 of the Carl D. Perkins Career and Tech8 nical Education Act of 2006, $2,048,439,000: Provided, 

9 That notwithstanding any other provision of law, funds 

10 made available in this Act to carry out title VI of the HEA 

11 and section 102(b)(6) of the Mutual Educational and Cul12 tural Exchange Act of 1961 may be used to support visits 

13 and study in foreign countries by individuals who are par14 ticipating in advanced foreign language training and inter15 national studies in areas that are vital to United States 

16 national security and who plan to apply their language 

17 skills and knowledge of these countries in the fields of gov18 ernment, the professions, or international development: 

19 Provided further, That of the funds referred to in the pre20 ceding proviso up to 1 percent may be used for program 

21 evaluation, national outreach, and information dissemina22 tion activities: Provided further, That up to 1.5 percent 

23 of the funds made available under chapter 2 of subpart 

24 2 of part A of title IV of the HEA may be used for evalua25 tion. 
120 

•S 1771 PCS

1 HOWARD UNIVERSITY

2 For partial support of Howard University, 

3 $221,821,000, of which not less than $3,405,000 shall be 

4 for a matching endowment grant pursuant to the Howard 

5 University Endowment Act and shall remain available 

6 until expended. 

7 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

8 PROGRAM

9 For Federal administrative expenses to carry out ac10 tivities related to existing facility loans pursuant to section 

11 121 of the HEA, $435,000. 

12 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

13 CAPITAL FINANCING PROGRAM ACCOUNT

14 For the cost of guaranteed loans, $20,150,000, as au15 thorized pursuant to part D of title III of the HEA, which 

16 shall remain available through September 30, 2019: Pro17 vided, That such costs, including the cost of modifying 

18 such loans, shall be as defined in section 502 of the Con19 gressional Budget Act of 1974: Provided further, That 

20 these funds are available to subsidize total loan principal, 

21 any part of which is to be guaranteed, not to exceed 

22 $313,863,000: Provided further, That these funds may be 

23 used to support loans to public and private Historically 

24 Black Colleges and Universities without regard to the limi25 tations within section 344(a) of the HEA. 
121 

•S 1771 PCS

1 In addition, for administrative expenses to carry out 

2 the Historically Black College and University Capital Fi3 nancing Program entered into pursuant to part D of title 

4 III of the HEA, $334,000. 

5 INSTITUTE OF EDUCATION SCIENCES

6 For carrying out activities authorized by the Edu7 cation Sciences Reform Act of 2002, the National Assess8 ment of Educational Progress Authorization Act, section 

9 208 of the Educational Technical Assistance Act of 2002, 

10 and section 664 of the Individuals with Disabilities Edu11 cation Act, $600,267,000, which shall remain available 

12 through September 30, 2019: Provided, That funds avail13 able to carry out section 208 of the Educational Technical 

14 Assistance Act may be used to link Statewide elementary 

15 and secondary data systems with early childhood, postsec16 ondary, and workforce data systems, or to further develop 

17 such systems: Provided further, That up to $6,000,000 of 

18 the funds available to carry out section 208 of the Edu19 cational Technical Assistance Act may be used for awards 

20 to public or private organizations or agencies to support 

21 activities to improve data coordination, quality, and use 

22 at the local, State, and national levels. 
122 

•S 1771 PCS

1 DEPARTMENTAL MANAGEMENT

2 PROGRAM ADMINISTRATION

3 For carrying out, to the extent not otherwise pro4 vided, the Department of Education Organization Act, in5 cluding rental of conference rooms in the District of Co6 lumbia and hire of three passenger motor vehicles, 

7 $430,000,000. 

8 OFFICE FOR CIVIL RIGHTS

9 For expenses necessary for the Office for Civil 

10 Rights, as authorized by section 203 of the Department 

11 of Education Organization Act, $117,000,000. 

12 OFFICE OF INSPECTOR GENERAL

13 For expenses necessary for the Office of Inspector 

14 General, as authorized by section 212 of the Department 

15 of Education Organization Act, $59,256,000. 

16 GENERAL PROVISIONS

17 SEC. 301. No funds appropriated in this Act may be 

18 used for the transportation of students or teachers (or for 

19 the purchase of equipment for such transportation) in 

20 order to overcome racial imbalance in any school or school 

21 system, or for the transportation of students or teachers 

22 (or for the purchase of equipment for such transportation) 

23 in order to carry out a plan of racial desegregation of any 

24 school or school system. 
123 

•S 1771 PCS

1 SEC. 302. None of the funds contained in this Act 

2 shall be used to require, directly or indirectly, the trans3 portation of any student to a school other than the school 

4 which is nearest the student’s home, except for a student 

5 requiring special education, to the school offering such 

6 special education, in order to comply with title VI of the 

7 Civil Rights Act of 1964. For the purpose of this section 

8 an indirect requirement of transportation of students in9 cludes the transportation of students to carry out a plan 

10 involving the reorganization of the grade structure of 

11 schools, the pairing of schools, or the clustering of schools, 

12 or any combination of grade restructuring, pairing, or 

13 clustering. The prohibition described in this section does 

14 not include the establishment of magnet schools. 

15 SEC. 303. No funds appropriated in this Act may be 

16 used to prevent the implementation of programs of vol17 untary prayer and meditation in the public schools. 

18 (TRANSFER OF FUNDS)

19 SEC. 304. Not to exceed 1 percent of any discre20 tionary funds (pursuant to the Balanced Budget and 

21 Emergency Deficit Control Act of 1985) which are appro22 priated for the Department of Education in this Act may 

23 be transferred between appropriations, but no such appro24 priation shall be increased by more than 3 percent by any 

25 such transfer: Provided, That the transfer authority 
124 

•S 1771 PCS

1 granted by this section shall not be used to create any 

2 new program or to fund any project or activity for which 

3 no funds are provided in this Act: Provided further, That 

4 the Committees on Appropriations of the House of Rep5 resentatives and the Senate are notified at least 15 days 

6 in advance of any transfer. 

7 SEC. 305. Section 105(f)(1)(B)(ix) of the Compact 

8 of Free Association Amendments Act of 2003 (48 U.S.C. 

9 1921d(f)(1)(B)(ix)) shall be applied by substituting 

10 ‘‘2018’’ for ‘‘2017’’. 

11 SEC. 306. Funds appropriated in this Act and con12 solidated for evaluation purposes under section 8601(c) of 

13 the ESEA shall be available from July 1, 2018, through 

14 September 30, 2019. 

15 SEC. 307. (a) An institution of higher education that 

16 maintains an endowment fund supported with funds ap17 propriated for title III or V of the HEA for fiscal year 

18 2018 may use the income from that fund to award schol19 arships to students, subject to the limitation in section 

20 331(c)(3)(B)(i) of the HEA. The use of such income for 

21 such purposes, prior to the enactment of this Act, shall 

22 be considered to have been an allowable use of that in23 come, subject to that limitation. 

24 (b) Subsection (a) shall be in effect until titles III 

25 and V of the HEA are reauthorized. 
125 

•S 1771 PCS

1 SEC. 308. Section 114(f) of the HEA (20 U.S.C. 

2 1011c(f)) is amended by striking ‘‘2017’’ and inserting 

3 ‘‘2018’’. 

4 SEC. 309. Section 458(a) of the HEA (20 U.S.C. 

5 1087h(a)) is amended in paragraph (4) by striking 

6 ‘‘2017’’ and inserting ‘‘2018’’. 

7 (RESCISSION)

8 SEC. 310. Section 401(b)(7)(A)(iv)(VIII) of the 

9 Higher Education Act of 1965 (20 U.S.C. 

10 1070a(b)(7)(A)(iv)(VIII)) is amended by striking 

11 ‘‘$1,382,000,000’’ and inserting ‘‘$1,355,000,000’’. 

12 (RESCISSION)

13 SEC. 311. Of the unobligated balances available 

14 under the heading ‘‘Student Financial Assistance’’ for car15 rying out subpart 1 of part A of title IV of the HEA, 

16 $2,600,000,000 are hereby rescinded. 

17 RESTORING PELL GRANTS FOR DEFRAUDED STUDENTS

18 SEC. 312. Section 401(c)(5) (20 U.S.C. 1070a(c)(5)) 

19 is amended— 

20 (1) by striking ‘‘(5) The period’’ and inserting 

21 the following: 

22 ‘‘(5) MAXIMUM PERIOD.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the period’’; and 

25 (2) by adding at the end the following: 
126 

•S 1771 PCS

1 ‘‘(B) EXCEPTION.— 

2 ‘‘(i) IN GENERAL.—Any Federal Pell 

3 Grant that a student received during a pe4 riod described in subclause (I) or (II) of 

5 clause (ii) shall not count towards the stu6 dent’s duration limits under this para7 graph. 

8 ‘‘(ii) APPLICABLE PERIODS.—Clause 

9 (i) shall apply with respect to any Federal 

10 Pell Grant awarded to a student to attend 

11 an institution— 

12 ‘‘(I) during a period— 

13 ‘‘(aa) for which the student 

14 received a loan under this title; 

15 and 

16 ‘‘(bb) for which the loan de17 scribed in item (aa) is forgiven 

18 under— 

19 ‘‘(AA) section 437(c)(1) 

20 or 464(g)(1) due to the clos21 ing of the institution or false 

22 certification; or 

23 ‘‘(BB) section 455(h) 

24 due to the student’s success-
127 

•S 1771 PCS

1 ful assertion of a defense to 

2 repayment of the loan; or 

3 ‘‘(II) during a period for which 

4 the student did not receive a loan 

5 under this title but for which, if the 

6 student had received such a loan, the 

7 student would have qualified for loan 

8 forgiveness under subclause (I)(bb).’’. 

9 SEC. 313. The period of time provided to the Sec10 retary in section 498(h)(2) of the Higher Education Act 

11 may be extended up to an additional 18 months for insti12 tutions where the Secretary withdrew recognition of their 

13 accreditor on December 12, 2016, if the institution does 

14 not remain with or reapply to the accrediting agency which 

15 accredited the institution on December 12, 2016. 

16 This title may be cited as the ‘‘Department of Edu17 cation Appropriations Act, 2018’’. 
128 

•S 1771 PCS

1 TITLE IV 

2 RELATED AGENCIES 

3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

4 BLIND OR SEVERELY DISABLED

5 SALARIES AND EXPENSES

6 For expenses necessary for the Committee for Pur7 chase From People Who Are Blind or Severely Disabled 

8 established under section 8502 of title 41, United States 

9 Code, $8,000,000: Provided, That in order to authorize 

10 any central nonprofit agency designated pursuant to sec11 tion 8503(c) of title 41, United States Code, to perform 

12 contract requirements of the Committee as prescribed 

13 under section 51–3.2 of title 41, Code of Federal Regula14 tions, the Committee shall enter into a written agreement 

15 with any such central nonprofit agency: Provided further, 

16 That such agreement entered into under the preceding 

17 proviso shall contain such auditing, oversight, and report18 ing provisions as necessary to implement chapter 85 of 

19 title 41, United States Code: Provided further, That such 

20 agreement shall include the elements listed under this 

21 heading in the explanatory statement accompanying Pub22 lic Law 114–113: Provided further, That a fee may not 

23 be charged under section 51–3.5 of title 41, Code of Fed24 eral Regulations, unless such fee is under the terms of 

25 the written agreement between the Committee and any 
129 

•S 1771 PCS

1 such central nonprofit agency: Provided further, That no 

2 less than $1,250,000 shall be available for the Office of 

3 Inspector General. 

4 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

5 OPERATING EXPENSES

6 For necessary expenses for the Corporation for Na7 tional and Community Service (referred to in this title as 

8 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

9 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

10 National and Community Service Act of 1990 (referred 

11 to in this title as ‘‘1990 Act’’), $736,429,000, notwith12 standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 

13 501(a)(4)(F) of the 1990 Act: Provided, That of the 

14 amounts provided under this heading: (1) up to 1 percent 

15 of program grant funds may be used to defray the costs 

16 of conducting grant application reviews, including the use 

17 of outside peer reviewers and electronic management of 

18 the grants cycle; (2) $16,538,000 shall be available to pro19 vide assistance to State commissions on national and com20 munity service, under section 126(a) of the 1990 Act and 

21 notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) 

22 $30,000,000 shall be available to carry out subtitle E of 

23 the 1990 Act; and (4) $3,800,000 shall be available for 

24 expenses authorized under section 501(a)(4)(F) of the 

25 1990 Act, which, notwithstanding the provisions of section 
130 

•S 1771 PCS

1 198P shall be awarded by CNCS on a competitive basis: 

2 Provided further, That for the purposes of carrying out 

3 the 1990 Act, satisfying the requirements in section 

4 122(c)(1)(D) may include a determination of need by the 

5 local community. 

6 PAYMENT TO THE NATIONAL SERVICE TRUST

7 (INCLUDING TRANSFER OF FUNDS)

8 For payment to the National Service Trust estab9 lished under subtitle D of title I of the 1990 Act, 

10 $195,000,000, to remain available until expended: Pro11 vided, That CNCS may transfer additional funds from the 

12 amount provided within ‘‘Operating Expenses’’ allocated 

13 to grants under subtitle C of title I of the 1990 Act to 

14 the National Service Trust upon determination that such 

15 transfer is necessary to support the activities of national 

16 service participants and after notice is transmitted to the 

17 Committees on Appropriations of the House of Represent18 atives and the Senate: Provided further, That amounts ap19 propriated for or transferred to the National Service Trust 

20 may be invested under section 145(b) of the 1990 Act 

21 without regard to the requirement to apportion funds 

22 under 31 U.S.C. 1513(b). 

23 SALARIES AND EXPENSES

24 For necessary expenses of administration as provided 

25 under section 501(a)(5) of the 1990 Act and under section 
131 

•S 1771 PCS

1 504(a) of the 1973 Act, including payment of salaries, au2 thorized travel, hire of passenger motor vehicles, the rental 

3 of conference rooms in the District of Columbia, the em4 ployment of experts and consultants authorized under 5 

5 U.S.C. 3109, and not to exceed $2,500 for official recep6 tion and representation expenses, $81,737,000. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General in carrying out the Inspector General Act of 1978, 

10 $5,750,000. 

11 ADMINISTRATIVE PROVISIONS

12 SEC. 401. CNCS shall make any significant changes 

13 to program requirements, service delivery or policy only 

14 through public notice and comment rulemaking. For fiscal 

15 year 2018, during any grant selection process, an officer 

16 or employee of CNCS shall not knowingly disclose any cov17 ered grant selection information regarding such selection, 

18 directly or indirectly, to any person other than an officer 

19 or employee of CNCS that is authorized by CNCS to re20 ceive such information. 

21 SEC. 402. AmeriCorps programs receiving grants 

22 under the National Service Trust program shall meet an 

23 overall minimum share requirement of 24 percent for the 

24 first 3 years that they receive AmeriCorps funding, and 

25 thereafter shall meet the overall minimum share require-
132 

•S 1771 PCS

1 ment as provided in section 2521.60 of title 45, Code of 

2 Federal Regulations, without regard to the operating costs 

3 match requirement in section 121(e) or the member sup4 port Federal share limitations in section 140 of the 1990 

5 Act, and subject to partial waiver consistent with section 

6 2521.70 of title 45, Code of Federal Regulations. 

7 SEC. 403. Donations made to CNCS under section 

8 196 of the 1990 Act for the purposes of financing pro9 grams and operations under titles I and II of the 1973 

10 Act or subtitle B, C, D, or E of title I of the 1990 Act 

11 shall be used to supplement and not supplant current pro12 grams and operations. 

13 SEC. 404. In addition to the requirements in section 

14 146(a) of the 1990 Act, use of an educational award for 

15 the purpose described in section 148(a)(4) shall be limited 

16 to individuals who are veterans as defined under section 

17 101 of the Act. 

18 SEC. 405. For the purpose of carrying out section 

19 189D of the 1990 Act— 

20 (1) entities described in paragraph (a) of such 

21 section shall be considered ‘‘qualified entities’’ under 

22 section 3 of the National Child Protection Act of 

23 1993 (‘‘NCPA’’); 
133 

•S 1771 PCS

1 (2) individuals described in such section shall 

2 be considered ‘‘volunteers’’ under section 3 of 

3 NCPA; and 

4 (3) State Commissions on National and Com5 munity Service established pursuant to section 178 

6 of the 1990 Act, are authorized to receive criminal 

7 history record information, consistent with Public 

8 Law 92–544. 

9 SEC. 406. Notwithstanding sections 139(b), 146 and 

10 147 of the 1990 Act, an individual who successfully com11 pletes a term of service of not less than 1,200 hours dur12 ing a period of not more than one year may receive a na13 tional service education award having a value of 70 per14 cent of the value of a national service education award 

15 determined under section 147(a) of the Act. 

16 CORPORATION FOR PUBLIC BROADCASTING

17 For payment to the Corporation for Public Broad18 casting (‘‘CPB’’), as authorized by the Communications 

19 Act of 1934, an amount which shall be available within 

20 limitations specified by that Act, for the fiscal year 2020, 

21 $445,000,000: Provided, That none of the funds made 

22 available to CPB by this Act shall be used to pay for re23 ceptions, parties, or similar forms of entertainment for 

24 Government officials or employees: Provided further, That 

25 none of the funds made available to CPB by this Act shall 
134 

•S 1771 PCS

1 be available or used to aid or support any program or ac2 tivity from which any person is excluded, or is denied ben3 efits, or is discriminated against, on the basis of race, 

4 color, national origin, religion, or sex: Provided further, 

5 That none of the funds made available to CPB by this 

6 Act shall be used to apply any political test or qualification 

7 in selecting, appointing, promoting, or taking any other 

8 personnel action with respect to officers, agents, and em9 ployees of CPB: Provided further, That none of the funds 

10 made available to CPB by this Act shall be used to support 

11 the Television Future Fund or any similar purpose. 

12 In addition, for the costs associated with replacing 

13 and upgrading the public broadcasting interconnection 

14 system and other technologies and services that create in15 frastructure and efficiencies within the public media sys16 tem, $20,000,000. 

17 FEDERAL MEDIATION AND CONCILIATION SERVICE

18 SALARIES AND EXPENSES

19 For expenses necessary for the Federal Mediation 

20 and Conciliation Service (‘‘Service’’) to carry out the func21 tions vested in it by the Labor-Management Relations Act, 

22 1947, including hire of passenger motor vehicles; for ex23 penses necessary for the Labor-Management Cooperation 

24 Act of 1978; and for expenses necessary for the Service 

25 to carry out the functions vested in it by the Civil Service 
135 

•S 1771 PCS

1 Reform Act, $46,650,000, including up to $900,000 to re2 main available through September 30, 2019, for activities 

3 authorized by the Labor-Management Cooperation Act of 

4 1978: Provided, That notwithstanding 31 U.S.C. 3302, 

5 fees charged, up to full-cost recovery, for special training 

6 activities and other conflict resolution services and tech7 nical assistance, including those provided to foreign gov8 ernments and international organizations, and for arbitra9 tion services shall be credited to and merged with this ac10 count, and shall remain available until expended: Provided 

11 further, That fees for arbitration services shall be available 

12 only for education, training, and professional development 

13 of the agency workforce: Provided further, That the Direc14 tor of the Service is authorized to accept and use on behalf 

15 of the United States gifts of services and real, personal, 

16 or other property in the aid of any projects or functions 

17 within the Director’s jurisdiction. 

18 FEDERAL MINE SAFETY AND HEALTH REVIEW

19 COMMISSION

20 SALARIES AND EXPENSES

21 For expenses necessary for the Federal Mine Safety 

22 and Health Review Commission, $17,184,000. 
136 

•S 1771 PCS

1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

3 AND ADMINISTRATION

4 For carrying out the Museum and Library Services 

5 Act of 1996 and the National Museum of African Amer6 ican History and Culture Act, $235,000,000. 

7 MEDICAID AND CHIP PAYMENT AND ACCESS

8 COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary to carry out section 1900 of 

11 the Social Security Act, $7,765,000. 

12 MEDICARE PAYMENT ADVISORY COMMISSION

13 SALARIES AND EXPENSES

14 For expenses necessary to carry out section 1805 of 

15 the Social Security Act, $11,925,000, to be transferred to 

16 this appropriation from the Federal Hospital Insurance 

17 Trust Fund and the Federal Supplementary Medical In18 surance Trust Fund. 

19 NATIONAL COUNCIL ON DISABILITY

20 SALARIES AND EXPENSES

21 For expenses necessary for the National Council on 

22 Disability as authorized by title IV of the Rehabilitation 

23 Act of 1973, $3,250,000. 
137 

•S 1771 PCS

1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Labor Rela4 tions Board to carry out the functions vested in it by the 

5 Labor-Management Relations Act, 1947, and other laws, 

6 $274,224,000: Provided, That no part of this appropria7 tion shall be available to organize or assist in organizing 

8 agricultural laborers or used in connection with investiga9 tions, hearings, directives, or orders concerning bargaining 

10 units composed of agricultural laborers as referred to in 

11 section 2(3) of the Act of July 5, 1935, and as amended 

12 by the Labor-Management Relations Act, 1947, and as de13 fined in section 3(f) of the Act of June 25, 1938, and 

14 including in said definition employees engaged in the 

15 maintenance and operation of ditches, canals, reservoirs, 

16 and waterways when maintained or operated on a mutual, 

17 nonprofit basis and at least 95 percent of the water stored 

18 or supplied thereby is used for farming purposes. 

19 ADMINISTRATIVE PROVISIONS

20 SEC. 407. None of the funds provided by this Act 

21 or previous Acts making appropriations for the National 

22 Labor Relations Board may be used to issue any new ad23 ministrative directive or regulation that would provide em24 ployees any means of voting through any electronic means 
138 

•S 1771 PCS

1 in an election to determine a representative for the pur2 poses of collective bargaining. 

3 NATIONAL MEDIATION BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary to carry out the provisions 

6 of the Railway Labor Act, including emergency boards ap7 pointed by the President, $13,800,000. 

8 OCCUPATIONAL SAFETY AND HEALTH REVIEW

9 COMMISSION

10 SALARIES AND EXPENSES

11 For expenses necessary for the Occupational Safety 

12 and Health Review Commission, $13,225,000. 

13 RAILROAD RETIREMENT BOARD

14 DUAL BENEFITS PAYMENTS ACCOUNT

15 For payment to the Dual Benefits Payments Ac16 count, authorized under section 15(d) of the Railroad Re17 tirement Act of 1974, $22,000,000, which shall include 

18 amounts becoming available in fiscal year 2018 pursuant 

19 to section 224(c)(1)(B) of Public Law 98–76; and in addi20 tion, an amount, not to exceed 2 percent of the amount 

21 provided herein, shall be available proportional to the 

22 amount by which the product of recipients and the average 

23 benefit received exceeds the amount available for payment 

24 of vested dual benefits: Provided, That the total amount 

25 provided herein shall be credited in 12 approximately 
139 

•S 1771 PCS

1 equal amounts on the first day of each month in the fiscal 

2 year. 

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the 

6 Treasury for the payment of benefits under the Railroad 

7 Retirement Act for interest earned on unnegotiated 

8 checks, $150,000, to remain available through September 

9 30, 2019, which shall be the maximum amount available 

10 for payment pursuant to section 417 of Public Law 98– 

11 76. 

12 LIMITATION ON ADMINISTRATION

13 For necessary expenses for the Railroad Retirement 

14 Board (‘‘Board’’) for administration of the Railroad Re15 tirement Act and the Railroad Unemployment Insurance 

16 Act, $114,500,000, to be derived in such amounts as de17 termined by the Board from the railroad retirement ac18 counts and from moneys credited to the railroad unem19 ployment insurance administration fund: Provided, That 

20 notwithstanding section 7(b)(9) of the Railroad Retire21 ment Act this limitation may be used to hire attorneys 

22 only through the excepted service: Provided further, That 

23 the previous proviso shall not change the status under 

24 Federal employment laws of any attorney hired by the 

25 Railroad Retirement Board prior to January 1, 2013. 
140 

•S 1771 PCS

1 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector 

3 General for audit, investigatory and review activities, as 

4 authorized by the Inspector General Act of 1978, not more 

5 than $11,000,000, to be derived from the railroad retire6 ment accounts and railroad unemployment insurance ac7 count. 

8 SOCIAL SECURITY ADMINISTRATION

9 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

10 For payment to the Federal Old-Age and Survivors 

11 Insurance Trust Fund and the Federal Disability Insur12 ance Trust Fund, as provided under sections 201(m) and 

13 1131(b)(2) of the Social Security Act, $11,400,000. 

14 SUPPLEMENTAL SECURITY INCOME PROGRAM

15 For carrying out titles XI and XVI of the Social Se16 curity Act, section 401 of Public Law 92–603, section 212 

17 of Public Law 93–66, as amended, and section 405 of 

18 Public Law 95–216, including payment to the Social Secu19 rity trust funds for administrative expenses incurred pur20 suant to section 201(g)(1) of the Social Security Act, 

21 $38,450,927,000, to remain available until expended: Pro22 vided, That any portion of the funds provided to a State 

23 in the current fiscal year and not obligated by the State 

24 during that year shall be returned to the Treasury: Pro25 vided further, That not more than $101,000,000 shall be 
141 

•S 1771 PCS

1 available for research and demonstrations under sections 

2 1110, 1115, and 1144 of the Social Security Act, and re3 main available through September 30, 2020. 

4 For making, after June 15 of the current fiscal year, 

5 benefit payments to individuals under title XVI of the So6 cial Security Act, for unanticipated costs incurred for the 

7 current fiscal year, such sums as may be necessary. 

8 For making benefit payments under title XVI of the 

9 Social Security Act for the first quarter of fiscal year 

10 2019, $19,500,000,000, to remain available until ex11 pended. 

12 LIMITATION ON ADMINISTRATIVE EXPENSES

13 For necessary expenses, including the hire of two pas14 senger motor vehicles, and not to exceed $20,000 for offi15 cial reception and representation expenses, not more than 

16 $11,873,945,000 may be expended, as authorized by sec17 tion 201(g)(1) of the Social Security Act, from any one 

18 or all of the trust funds referred to in such section: Pro19 vided, That not less than $2,300,000 shall be for the So20 cial Security Advisory Board: Provided further, That unob21 ligated balances of funds provided under this paragraph 

22 at the end of fiscal year 2018 not needed for fiscal year 

23 2018 shall remain available until expended to invest in the 

24 Social Security Administration information technology 

25 and telecommunications hardware and software infra-
142 

•S 1771 PCS

1 structure, including related equipment and non-payroll ad2 ministrative expenses associated solely with this informa3 tion technology and telecommunications infrastructure: 

4 Provided further, That the Commissioner of Social Secu5 rity shall notify the Committees on Appropriations of the 

6 House of Representatives and the Senate prior to making 

7 unobligated balances available under the authority in the 

8 previous proviso: Provided further, That reimbursement to 

9 the trust funds under this heading for expenditures for 

10 official time for employees of the Social Security Adminis11 tration pursuant to 5 U.S.C. 7131, and for facilities or 

12 support services for labor organizations pursuant to poli13 cies, regulations, or procedures referred to in section 

14 7135(b) of such title shall be made by the Secretary of 

15 the Treasury, with interest, from amounts in the general 

16 fund not otherwise appropriated, as soon as possible after 

17 such expenditures are made. 

18 Of the total amount made available under this head19 ing, not more than $1,735,000,000, to remain available 

20 through March 31, 2019, is for the costs associated with 

21 continuing disability reviews under titles II and XVI of 

22 the Social Security Act, including work-related continuing 

23 disability reviews to determine whether earnings derived 

24 from services demonstrate an individual’s ability to engage 

25 in substantial gainful activity, for the cost associated with 
143 

•S 1771 PCS

1 conducting redeterminations of eligibility under title XVI 

2 of the Social Security Act, for the cost of co-operative dis3 ability investigation units, and for the cost associated with 

4 the prosecution of fraud in the programs and operations 

5 of the Social Security Administration by Special Assistant 

6 United States Attorneys: Provided, That, of such amount, 

7 $273,000,000 is provided to meet the terms of section 

8 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985, as amended, and 

10 $1,462,000,000 is additional new budget authority speci11 fied for purposes of section 251(b)(2)(B) of such Act: Pro12 vided further, That the Commissioner shall provide to the 

13 Congress (at the conclusion of the fiscal year) a report 

14 on the obligation and expenditure of these funds, similar 

15 to the reports that were required by section 103(d)(2) of 

16 Public Law 104–121 for fiscal years 1996 through 2002. 

17 In addition, $118,000,000 to be derived from admin18 istration fees in excess of $5.00 per supplementary pay19 ment collected pursuant to section 1616(d) of the Social 

20 Security Act or section 212(b)(3) of Public Law 93–66, 

21 which shall remain available until expended. To the extent 

22 that the amounts collected pursuant to such sections in 

23 fiscal year 2018 exceed $118,000,000, the amounts shall 

24 be available in fiscal year 2019 only to the extent provided 

25 in advance in appropriations Acts. 
144 

•S 1771 PCS

1 In addition, up to $1,000,000 to be derived from fees 

2 collected pursuant to section 303(c) of the Social Security 

3 Protection Act, which shall remain available until ex4 pended. 

5 OFFICE OF INSPECTOR GENERAL

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses necessary for the Office of Inspector 

8 General in carrying out the provisions of the Inspector 

9 General Act of 1978, $30,000,000, together with not to 

10 exceed $75,500,000, to be transferred and expended as 

11 authorized by section 201(g)(1) of the Social Security Act 

12 from the Federal Old-Age and Survivors Insurance Trust 

13 Fund and the Federal Disability Insurance Trust Fund. 

14 In addition, an amount not to exceed 3 percent of 

15 the total provided in this appropriation may be transferred 

16 from the ‘‘Limitation on Administrative Expenses’’, Social 

17 Security Administration, to be merged with this account, 

18 to be available for the time and purposes for which this 

19 account is available: Provided, That notice of such trans20 fers shall be transmitted promptly to the Committees on 

21 Appropriations of the House of Representatives and the 

22 Senate at least 15 days in advance of any transfer. 
145 

•S 1771 PCS

1 TITLE V 

2 GENERAL PROVISIONS 

3 (TRANSFER OF FUNDS)

4 SEC. 501. The Secretaries of Labor, Health and 

5 Human Services, and Education are authorized to transfer 

6 unexpended balances of prior appropriations to accounts 

7 corresponding to current appropriations provided in this 

8 Act. Such transferred balances shall be used for the same 

9 purpose, and for the same periods of time, for which they 

10 were originally appropriated. 

11 SEC. 502. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 503. (a) No part of any appropriation contained 

15 in this Act or transferred pursuant to section 4002 of 

16 Public Law 111–148 shall be used, other than for normal 

17 and recognized executive-legislative relationships, for pub18 licity or propaganda purposes, for the preparation, dis19 tribution, or use of any kit, pamphlet, booklet, publication, 

20 electronic communication, radio, television, or video pres21 entation designed to support or defeat the enactment of 

22 legislation before the Congress or any State or local legis23 lature or legislative body, except in presentation to the 

24 Congress or any State or local legislature itself, or de25 signed to support or defeat any proposed or pending regu-
146 

•S 1771 PCS

1 lation, administrative action, or order issued by the execu2 tive branch of any State or local government, except in 

3 presentation to the executive branch of any State or local 

4 government itself. 

5 (b) No part of any appropriation contained in this 

6 Act or transferred pursuant to section 4002 of Public Law 

7 111–148 shall be used to pay the salary or expenses of 

8 any grant or contract recipient, or agent acting for such 

9 recipient, related to any activity designed to influence the 

10 enactment of legislation, appropriations, regulation, ad11 ministrative action, or Executive order proposed or pend12 ing before the Congress or any State government, State 

13 legislature or local legislature or legislative body, other 

14 than for normal and recognized executive-legislative rela15 tionships or participation by an agency or officer of a 

16 State, local or tribal government in policymaking and ad17 ministrative processes within the executive branch of that 

18 government. 

19 (c) The prohibitions in subsections (a) and (b) shall 

20 include any activity to advocate or promote any proposed, 

21 pending or future Federal, State or local tax increase, or 

22 any proposed, pending, or future requirement or restric23 tion on any legal consumer product, including its sale or 

24 marketing, including but not limited to the advocacy or 

25 promotion of gun control. 
147 

•S 1771 PCS

1 SEC. 504. The Secretaries of Labor and Education 

2 are authorized to make available not to exceed $28,000 

3 and $20,000, respectively, from funds available for sala4 ries and expenses under titles I and III, respectively, for 

5 official reception and representation expenses; the Direc6 tor of the Federal Mediation and Conciliation Service is 

7 authorized to make available for official reception and rep8 resentation expenses not to exceed $5,000 from the funds 

9 available for ‘‘Federal Mediation and Conciliation Service, 

10 Salaries and Expenses’’; and the Chairman of the Na11 tional Mediation Board is authorized to make available for 

12 official reception and representation expenses not to ex13 ceed $5,000 from funds available for ‘‘National Mediation 

14 Board, Salaries and Expenses’’. 

15 SEC. 505. When issuing statements, press releases, 

16 requests for proposals, bid solicitations and other docu17 ments describing projects or programs funded in whole or 

18 in part with Federal money, all grantees receiving Federal 

19 funds included in this Act, including but not limited to 

20 State and local governments and recipients of Federal re21 search grants, shall clearly state— 

22 (1) the percentage of the total costs of the pro23 gram or project which will be financed with Federal 

24 money; 
148 

•S 1771 PCS

1 (2) the dollar amount of Federal funds for the 

2 project or program; and 

3 (3) percentage and dollar amount of the total 

4 costs of the project or program that will be financed 

5 by non-governmental sources. 

6 SEC. 506. (a) None of the funds appropriated in this 

7 Act, and none of the funds in any trust fund to which 

8 funds are appropriated in this Act, shall be expended for 

9 any abortion. 

10 (b) None of the funds appropriated in this Act, and 

11 none of the funds in any trust fund to which funds are 

12 appropriated in this Act, shall be expended for health ben13 efits coverage that includes coverage of abortion. 

14 (c) The term ‘‘health benefits coverage’’ means the 

15 package of services covered by a managed care provider 

16 or organization pursuant to a contract or other arrange17 ment. 

18 SEC. 507. (a) The limitations established in the pre19 ceding section shall not apply to an abortion— 

20 (1) if the pregnancy is the result of an act of 

21 rape or incest; or 

22 (2) in the case where a woman suffers from a 

23 physical disorder, physical injury, or physical illness, 

24 including a life-endangering physical condition 

25 caused by or arising from the pregnancy itself, that 
149 

•S 1771 PCS

1 would, as certified by a physician, place the woman 

2 in danger of death unless an abortion is performed. 

3 (b) Nothing in the preceding section shall be con4 strued as prohibiting the expenditure by a State, locality, 

5 entity, or private person of State, local, or private funds 

6 (other than a State’s or locality’s contribution of Medicaid 

7 matching funds). 

8 (c) Nothing in the preceding section shall be con9 strued as restricting the ability of any managed care pro10 vider from offering abortion coverage or the ability of a 

11 State or locality to contract separately with such a pro12 vider for such coverage with State funds (other than a 

13 State’s or locality’s contribution of Medicaid matching 

14 funds). 

15 (d)(1) None of the funds made available in this Act 

16 may be made available to a Federal agency or program, 

17 or to a State or local government, if such agency, program, 

18 or government subjects any institutional or individual 

19 health care entity to discrimination on the basis that the 

20 health care entity does not provide, pay for, provide cov21 erage of, or refer for abortions. 

22 (2) In this subsection, the term ‘‘health care entity’’ 

23 includes an individual physician or other health care pro24 fessional, a hospital, a provider-sponsored organization, a 

25 health maintenance organization, a health insurance plan, 
150 

•S 1771 PCS

1 or any other kind of health care facility, organization, or 

2 plan. 

3 SEC. 508. (a) None of the funds made available in 

4 this Act may be used for— 

5 (1) the creation of a human embryo or embryos 

6 for research purposes; or 

7 (2) research in which a human embryo or em8 bryos are destroyed, discarded, or knowingly sub9 jected to risk of injury or death greater than that 

10 allowed for research on fetuses in utero under 45 

11 CFR 46.204(b) and section 498(b) of the Public 

12 Health Service Act (42 U.S.C. 289g(b)). 

13 (b) For purposes of this section, the term ‘‘human 

14 embryo or embryos’’ includes any organism, not protected 

15 as a human subject under 45 CFR 46 as of the date of 

16 the enactment of this Act, that is derived by fertilization, 

17 parthenogenesis, cloning, or any other means from one or 

18 more human gametes or human diploid cells. 

19 SEC. 509. (a) None of the funds made available in 

20 this Act may be used for any activity that promotes the 

21 legalization of any drug or other substance included in 

22 schedule I of the schedules of controlled substances estab23 lished under section 202 of the Controlled Substances Act 

24 except for normal and recognized executive-congressional 

25 communications. 
151 

•S 1771 PCS

1 (b) The limitation in subsection (a) shall not apply 

2 when there is significant medical evidence of a therapeutic 

3 advantage to the use of such drug or other substance or 

4 that federally sponsored clinical trials are being conducted 

5 to determine therapeutic advantage. 

6 SEC. 510. None of the funds made available in this 

7 Act may be used to promulgate or adopt any final stand8 ard under section 1173(b) of the Social Security Act pro9 viding for, or providing for the assignment of, a unique 

10 health identifier for an individual (except in an individ11 ual’s capacity as an employer or a health care provider), 

12 until legislation is enacted specifically approving the 

13 standard. 

14 SEC. 511. None of the funds made available in this 

15 Act may be obligated or expended to enter into or renew 

16 a contract with an entity if— 

17 (1) such entity is otherwise a contractor with 

18 the United States and is subject to the requirement 

19 in 38 U.S.C. 4212(d) regarding submission of an 

20 annual report to the Secretary of Labor concerning 

21 employment of certain veterans; and 

22 (2) such entity has not submitted a report as 

23 required by that section for the most recent year for 

24 which such requirement was applicable to such enti25 ty. 
152 

•S 1771 PCS

1 SEC. 512. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except 

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriation Act. 

6 SEC. 513. None of the funds made available by this 

7 Act to carry out the Library Services and Technology Act 

8 may be made available to any library covered by para9 graph (1) of section 224(f) of such Act, as amended by 

10 the Children’s Internet Protection Act, unless such library 

11 has made the certifications required by paragraph (4) of 

12 such section. 

13 SEC. 514. (a) None of the funds provided under this 

14 Act, or provided under previous appropriations Acts to the 

15 agencies funded by this Act that remain available for obli16 gation or expenditure in fiscal year 2018, or provided from 

17 any accounts in the Treasury of the United States derived 

18 by the collection of fees available to the agencies funded 

19 by this Act, shall be available for obligation or expenditure 

20 through a reprogramming of funds that— 

21 (1) creates new programs; 

22 (2) eliminates a program, project, or activity; 

23 (3) increases funds or personnel by any means 

24 for any project or activity for which funds have been 

25 denied or restricted; 
153 

•S 1771 PCS

1 (4) relocates an office or employees; 

2 (5) reorganizes or renames offices; 

3 (6) reorganizes programs or activities; or 

4 (7) contracts out or privatizes any functions or 

5 activities presently performed by Federal employees; 

6 unless the Committees on Appropriations of the House of 

7 Representatives and the Senate are consulted 15 days in 

8 advance of such reprogramming or of an announcement 

9 of intent relating to such reprogramming, whichever oc10 curs earlier, and are notified in writing 10 days in advance 

11 of such reprogramming. 

12 (b) None of the funds provided under this Act, or 

13 provided under previous appropriations Acts to the agen14 cies funded by this Act that remain available for obligation 

15 or expenditure in fiscal year 2018, or provided from any 

16 accounts in the Treasury of the United States derived by 

17 the collection of fees available to the agencies funded by 

18 this Act, shall be available for obligation or expenditure 

19 through a reprogramming of funds in excess of $500,000 

20 or 10 percent, whichever is less, that— 

21 (1) augments existing programs, projects (in22 cluding construction projects), or activities; 

23 (2) reduces by 10 percent funding for any exist24 ing program, project, or activity, or numbers of per25 sonnel by 10 percent as approved by Congress; or 
154 

•S 1771 PCS

1 (3) results from any general savings from a re2 duction in personnel which would result in a change 

3 in existing programs, activities, or projects as ap4 proved by Congress; 

5 unless the Committees on Appropriations of the House of 

6 Representatives and the Senate are consulted 15 days in 

7 advance of such reprogramming or of an announcement 

8 of intent relating to such reprogramming, whichever oc9 curs earlier, and are notified in writing 10 days in advance 

10 of such reprogramming. 

11 SEC. 515. (a) None of the funds made available in 

12 this Act may be used to request that a candidate for ap13 pointment to a Federal scientific advisory committee dis14 close the political affiliation or voting history of the can15 didate or the position that the candidate holds with re16 spect to political issues not directly related to and nec17 essary for the work of the committee involved. 

18 (b) None of the funds made available in this Act may 

19 be used to disseminate information that is deliberately 

20 false or misleading. 

21 SEC. 516. Within 45 days of enactment of this Act, 

22 each department and related agency funded through this 

23 Act shall submit an operating plan that details at the pro24 gram, project, and activity level any funding allocations 

25 for fiscal year 2018 that are different than those specified 
155 

•S 1771 PCS

1 in this Act, the accompanying detailed table in the report 

2 accompanying this Act, or the fiscal year 2018 budget re3 quest. 

4 SEC. 517. The Secretaries of Labor, Health and 

5 Human Services, and Education shall each prepare and 

6 submit to the Committees on Appropriations of the House 

7 of Representatives and the Senate a report on the number 

8 and amount of contracts, grants, and cooperative agree9 ments exceeding $500,000 in value and awarded by the 

10 Department on a non-competitive basis during each quar11 ter of fiscal year 2018, but not to include grants awarded 

12 on a formula basis or directed by law. Such report shall 

13 include the name of the contractor or grantee, the amount 

14 of funding, the governmental purpose, including a jus15 tification for issuing the award on a non-competitive basis. 

16 Such report shall be transmitted to the Committees within 

17 30 days after the end of the quarter for which the report 

18 is submitted. 

19 SEC. 518. None of the funds appropriated in this Act 

20 shall be expended or obligated by the Commissioner of So21 cial Security, for purposes of administering Social Security 

22 benefit payments under title II of the Social Security Act, 

23 to process any claim for credit for a quarter of coverage 

24 based on work performed under a social security account 

25 number that is not the claimant’s number and the per-
156 

•S 1771 PCS

1 formance of such work under such number has formed the 

2 basis for a conviction of the claimant of a violation of sec3 tion 208(a)(6) or (7) of the Social Security Act. 

4 SEC. 519. None of the funds appropriated by this Act 

5 may be used by the Commissioner of Social Security or 

6 the Social Security Administration to pay the compensa7 tion of employees of the Social Security Administration 

8 to administer Social Security benefit payments, under any 

9 agreement between the United States and Mexico estab10 lishing totalization arrangements between the social secu11 rity system established by title II of the Social Security 

12 Act and the social security system of Mexico, which would 

13 not otherwise be payable but for such agreement. 

14 SEC. 520. Notwithstanding any other provision of 

15 this Act, no funds appropriated in this Act shall be used 

16 to purchase sterile needles or syringes for the hypodermic 

17 injection of any illegal drug: Provided, That such limita18 tion does not apply to the use of funds for elements of 

19 a program other than making such purchases if the rel20 evant State or local health department, in consultation 

21 with the Centers for Disease Control and Prevention, de22 termines that the State or local jurisdiction, as applicable, 

23 is experiencing, or is at risk for, a significant increase in 

24 hepatitis infections or an HIV outbreak due to injection 
157 

•S 1771 PCS

1 drug use, and such program is operating in accordance 

2 with State and local law. 

3 SEC. 521. (a) None of the funds made available in 

4 this Act may be used to maintain or establish a computer 

5 network unless such network blocks the viewing, 

6 downloading, and exchanging of pornography. 

7 (b) Nothing in subsection (a) shall limit the use of 

8 funds necessary for any Federal, State, tribal, or local law 

9 enforcement agency or any other entity carrying out crimi10 nal investigations, prosecution, or adjudication activities. 

11 SEC. 522. None of the funds made available under 

12 this or any other Act, or any prior Appropriations Act, 

13 may be provided to the Association of Community Organi14 zations for Reform Now (ACORN), or any of its affiliates, 

15 subsidiaries, allied organizations, or successors. 

16 SEC. 523. For purposes of carrying out Executive 

17 Order 13589, Office of Management and Budget Memo18 randum M–12–12 dated May 11, 2012, and requirements 

19 contained in the annual appropriations bills relating to 

20 conference attendance and expenditures: 

21 (1) the operating divisions of HHS shall be con22 sidered independent agencies; and 

23 (2) attendance at and support for scientific con24 ferences shall be tabulated separately from and not 

25 included in agency totals. 
158 

•S 1771 PCS

1 SEC. 524. Federal agencies funded under this Act 

2 shall clearly state within the text, audio, or video used for 

3 advertising or educational purposes, including emails or 

4 Internet postings, that the communication is printed, pub5 lished, or produced and disseminated at U.S. taxpayer ex6 pense. The funds used by a Federal agency to carry out 

7 this requirement shall be derived from amounts made 

8 available to the agency for advertising or other commu9 nications regarding the programs and activities of the 

10 agency. 

11 SEC. 525. (a) Federal agencies may use Federal dis12 cretionary funds that are made available in this Act to 

13 carry out up to 10 Performance Partnership Pilots. Such 

14 Pilots shall be governed by the provisions of section 526 

15 of division H of Public Law 113–76, except that in car16 rying out such Pilots section 526 shall be applied by sub17 stituting ‘‘FISCAL YEAR 2018’’ for ‘‘FISCAL YEAR 2014’’ 

18 in the title of subsection (b) and by substituting ‘‘Sep19 tember 30, 2022’’ for ‘‘September 30, 2018’’ each place 

20 it appears: Provided, That such pilots shall include com21 munities that have experienced civil unrest. 

22 (b) In addition, Federal agencies may use Federal 

23 discretionary funds that are made available in this Act to 

24 participate in Performance Partnership Pilots that are 

25 being carried out pursuant to the authority provided by 
159 

•S 1771 PCS

1 section 526 of division H of Public Law 113–76, section 

2 524 of division G of Public Law 113–235, section 525 of 

3 division H of Public Law 114–113, and section 525 of 

4 division H of Public Law 115–31. 

5 (c) Pilot sites selected under authorities in this Act 

6 and prior appropriations Acts may be granted by relevant 

7 agencies up to an additional 5 years to operate under such 

8 authorities. 

9 SEC. 526. Not later than 30 days after the end of 

10 each calendar quarter, beginning with the first quarter of 

11 fiscal year 2013, the Departments of Labor, Health and 

12 Human Services and Education and the Social Security 

13 Administration shall provide the Committees on Appro14 priations of the House of Representatives and Senate a 

15 quarterly report on the status of balances of appropria16 tions: Provided, That for balances that are unobligated 

17 and uncommitted, committed, and obligated but unex18 pended, the quarterly reports shall separately identify the 

19 amounts attributable to each source year of appropriation 

20 (beginning with fiscal year 2012, or, to the extent feasible, 

21 earlier fiscal years) from which balances were derived. 

22 (RESCISSION)

23 SEC. 527. Of the funds made available for fiscal year 

24 2018 under section 3403 of Public Law 111–148, 

25 $15,000,000 are rescinded. 
160 

•S 1771 PCS

1 (RESCISSION)

2 SEC. 528. Of the funds made available for purposes 

3 of carrying out section 2105(a)(3) of the Social Security 

4 Act, $88,613,000 are hereby rescinded. 

5 (RESCISSION)

6 SEC. 529. Of any available amounts appropriated 

7 under section 301(b)(3) of Public Law 114–10, 

8 $3,145,905,000 are hereby rescinded. 

9 SEC. 530. Amounts deposited in the Child Enroll10 ment Contingency Fund prior to the beginning of fiscal 

11 year 2018 under section 2104(n)(2) of the Social Security 

12 Act and the income derived from investment of those 

13 funds pursuant to section 2104(n)(2)(C) of that Act, shall 

14 not be available for obligation in this fiscal year. 

15 This Act may be cited as the ‘‘Departments of Labor, 

16 Health and Human Services, and Education, and Related 

17 Agencies Appropriations Act, 2018’’. 

Calendar No. 215 

115TH CONGRESS 

1ST SESSION S. 1771 

[Report No. 115–150] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2018, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduSEPTEMBER 7, 2017 

Read twice and placed on the calendar