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MARCH ll, 2018 

RULES COMMITTEE PRINT 115–66 

TEXT OF THE HOUSE AMENDMENT TO THE

SENATE AMENDMENT TO H.R. 1625 

[Showing the text of the Consolidated Appropriations Act, 

2018.] 

In lieu of the matter proposed to be inserted by the 

Senate, insert the following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Consolidated Appro3 priations Act, 2018’’. 

4 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

Sec. 5. Statement of appropriations. 

Sec. 6. Availability of funds. 

Sec. 7. Adjustments to compensation. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND 

DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 

Title I—Agricultural Programs 

Title II—Farm Production and Conservation Programs 

Title III—Rural Development Programs 

Title IV—Domestic Food Programs 

Title V—Foreign Assistance and Related Programs 

Title VI—Related Agencies and Food and Drug Administration 

Title VII—General Provisions 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2018 

Title I—Department of Commerce 

Title II—Department of Justice 

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Title III—Science 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

2018 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related Agencies 

Title VIII—General Provisions 

Title IX—Overseas Contingency Operations 

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2018 

Title I—Corps of Engineers—Civil 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent Agencies 

Title V—General Provisions 

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2018 

Title I—Department of the Treasury 

Title II—Executive Office of the President and Funds Appropriated to the 

President 

Title III—The Judiciary 

Title IV—District of Columbia 

Title V—Independent Agencies 

Title VI—General Provisions—This Act 

Title VII—General Provisions—Government-wide 

Title VIII—General Provisions—District of Columbia 

DIVISION F—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2018 

Title I—Departmental Management, Operations, Intelligence, and Oversight 

Title II—Security, Enforcement, and Investigations 

Title III—Protection, Preparedness, Response, and Recovery 

Title IV—Research, Development, Training, and Services 

Title V—General Provisions 

DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 

Title I—Department of the Interior 

Title II—Environmental Protection Agency 

Title III—Related Agencies 

March 21, 2018 (6:08 p.m.)
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Title IV—General Provisions 

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN 

SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018 

Title I—Legislative Branch 

Title II—General Provisions 

DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2018 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related Agencies 

Title IV—Overseas Contingency Operations 

Title V—General Provisions 

DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, 

AND RELATED PROGRAMS APPROPRIATIONS ACT, 2018 

Title I—Department of State and Related Agency 

Title II—United States Agency for International Development 

Title III—Bilateral Economic Assistance 

Title IV—International Security Assistance 

Title V—Multilateral Assistance 

Title VI—Export and Investment Assistance 

Title VII—General Provisions 

Title VIII—Overseas Contingency Operations/Global War on Terrorism 

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

Title I—Department of Transportation 

Title II—Department of Housing and Urban Development 

Title III—Related Agencies 

Title IV—General Provisions—This Act 

DIVISION M—EXTENSIONS 

Title I—Airport and Airway Extension 

Title II—Immigration Extensions 

Title III—National Flood Insurance Program Extension 

Title IV—Pesticide Registration Improvement Act Extension 

Title V—Generalized System of Preferences 

Title VI—Judicial Redaction Authority Extension 

Title VII—Budgetary Effects 

DIVISION N—BUILD ACT 

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DIVISION O—WILDFIRE SUPPRESSION FUNDING AND FOREST 

MANAGEMENT ACTIVITIES ACT 

DIVISION P—RAY BAUM’S ACT OF 2018 

DIVISION Q—KEVIN AND AVONTE’S LAW 

DIVISION R—TARGET ACT 

DIVISION S—OTHER MATTER 

Title I—Child Protection Improvements Act 

Title II—Save America’s Pastime Act 

Title III—Keep Young Athletes Safe Act 

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

of Arizona 

Title V—Stop School Violence Act 

Title VI—Fix NICS Act 

Title VII—State Sexual Risk Avoidance Education Program 

Title VIII—Small Business Credit Availability Act 

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

Title X—Taylor Force Act 

Title XI—FARM Act 

Title XII—Tipped Employees 

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

DIVISION T—REVENUE PROVISIONS 

DIVISION U—TAX TECHNICAL CORRECTIONS 

DIVISION V—CLOUD ACT 

1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

3 to ‘‘this Act’’ contained in any division of this Act shall 

4 be treated as referring only to the provisions of that divi5 sion. 

6 SEC. 4. EXPLANATORY STATEMENT. 

7 The explanatory statement regarding this Act, print8 ed in the House section of the Congressional Record on 

9 or about March 22, 2018, and submitted by the Chairman 

10 of the Committee on Appropriations of the House, shall 

11 have the same effect with respect to the allocation of funds 

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1 and implementation of divisions A through L of this Act 

2 as if it were a joint explanatory statement of a committee 

3 of conference. 

4 SEC. 5. STATEMENT OF APPROPRIATIONS. 

5 The following sums in this Act are appropriated, out 

6 of any money in the Treasury not otherwise appropriated, 

7 for the fiscal year ending September 30, 2018. 

8 SEC. 6. AVAILABILITY OF FUNDS. 

9 Each amount designated in this Act by the Congress 

10 for Overseas Contingency Operations/Global War on Ter11 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985 

13 shall be available (or rescinded, if applicable) only if the 

14 President subsequently so designates all such amounts 

15 and transmits such designations to the Congress. 

16 SEC. 7. ADJUSTMENTS TO COMPENSATION. 

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

18 adjustment shall be made under section 601(a) of the Leg19 islative Reorganization Act of 1946 (2 U.S.C. 4501) (re20 lating to cost of living adjustments for Members of Con21 gress) during fiscal year 2018. 

22 (b) There is appropriated for payment to Emily 

23 Robin Minerva, heir of Louise McIntosh Slaughter, late 

24 a Representative from the State of New York, $174,000. 

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1 DIVISION A—AGRICULTURE, RURAL DE2 VELOPMENT, FOOD AND DRUG ADMIN3 ISTRATION, AND RELATED AGENCIES 

4 APPROPRIATIONS ACT, 2018 

5 TITLE I 

6 AGRICULTURAL PROGRAMS 

7 PROCESSING, RESEARCH AND MARKETING

8 OFFICE OF THE SECRETARY

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses of the Office of the Secretary, 

11 $46,532,000, of which not to exceed $5,051,000 shall be 

12 available for the immediate Office of the Secretary; not 

13 to exceed $800,000 shall be available for the Office of the 

14 Assistant to the Secretary for Rural Development: Pro15 vided, That funds made available by this Act to an agency 

16 in the Rural Development mission area for salaries and 

17 expenses are available to fund up to one administrative 

18 support staff for the Office; not to exceed $1,496,000 shall 

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

20 exceed $4,711,000 shall be available for the Office of Part21 nerships and Public Engagement; not to exceed 

22 $23,105,000 shall be available for the Office of the Assist23 ant Secretary for Administration, of which $22,301,000 

24 shall be available for Departmental Administration to pro25 vide for necessary expenses for management support servMarch 21, 2018 (6:08 p.m.)
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1 ices to offices of the Department and for general adminis2 tration, security, repairs and alterations, and other mis3 cellaneous supplies and expenses not otherwise provided 

4 for and necessary for the practical and efficient work of 

5 the Department: Provided further, That funds made avail6 able by this Act to an agency in the Administration mis7 sion area for salaries and expenses are available to fund 

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

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

10 Assistant Secretary for Congressional Relations to carry 

11 out the programs funded by this Act, including programs 

12 involving intergovernmental affairs and liaison within the 

13 executive branch; and not to exceed $7,500,000 shall be 

14 available for the Office of Communications: Provided fur15 ther, That the Secretary of Agriculture is authorized to 

16 transfer funds appropriated for any office of the Office 

17 of the Secretary to any other office of the Office of the 

18 Secretary: Provided further, That no appropriation for any 

19 office shall be increased or decreased by more than 5 per20 cent: Provided further, That not to exceed $11,000 of the 

21 amount made available under this paragraph for the im22 mediate Office of the Secretary shall be available for offi23 cial reception and representation expenses, not otherwise 

24 provided for, as determined by the Secretary: Provided 

25 further, That the amount made available under this headMarch 21, 2018 (6:08 p.m.)
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1 ing for Departmental Administration shall be reimbursed 

2 from applicable appropriations in this Act for travel ex3 penses incident to the holding of hearings as required by 

4 5 U.S.C. 551–558: Provided further, That funds made 

5 available under this heading for the Office of the Assistant 

6 Secretary for Congressional Relations may be transferred 

7 to agencies of the Department of Agriculture funded by 

8 this Act to maintain personnel at the agency level: Pro9 vided further, That no funds made available under this 

10 heading for the Office of Assistant Secretary for Congres11 sional Relations may be obligated after 30 days from the 

12 date of enactment of this Act, unless the Secretary has 

13 notified the Committees on Appropriations of both Houses 

14 of Congress on the allocation of these funds by USDA 

15 agency. 

16 EXECUTIVE OPERATIONS

17 OFFICE OF THE CHIEF ECONOMIST

18 For necessary expenses of the Office of the Chief 

19 Economist, $19,786,000, of which $4,000,000 shall be for 

20 grants or cooperative agreements for policy research under 

21 7 U.S.C. 3155. 

22 OFFICE OF HEARINGS AND APPEALS

23 For necessary expenses of the Office of Hearings and 

24 Appeals, $15,222,000. 

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1 OFFICE OF BUDGET AND PROGRAM ANALYSIS

2 For necessary expenses of the Office of Budget and 

3 Program Analysis, $9,525,000. 

4 OFFICE OF THE CHIEF INFORMATION OFFICER

5 For necessary expenses of the Office of the Chief In6 formation Officer, $58,950,000, of which not less than 

7 $33,000,000 is for cybersecurity requirements of the de8 partment. 

9 OFFICE OF THE CHIEF FINANCIAL OFFICER

10 For necessary expenses of the Office of the Chief Fi11 nancial Officer, $6,028,000. 

12 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

13 RIGHTS

14 For necessary expenses of the Office of the Assistant 

15 Secretary for Civil Rights, $901,000: Provided, That 

16 funds made available by this Act to an agency in the Civil 

17 Rights mission area for salaries and expenses are available 

18 to fund up to one administrative support staff for the Of19 fice. 

20 OFFICE OF CIVIL RIGHTS

21 For necessary expenses of the Office of Civil Rights, 

22 $24,206,000. 

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1 AGRICULTURE BUILDINGS AND FACILITIES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For payment of space rental and related costs pursu4 ant to Public Law 92–313, including authorities pursuant 

5 to the 1984 delegation of authority from the Adminis6 trator of General Services to the Department of Agri7 culture under 40 U.S.C. 121, for programs and activities 

8 of the Department which are included in this Act, and for 

9 alterations and other actions needed for the Department 

10 and its agencies to consolidate unneeded space into con11 figurations suitable for release to the Administrator of 

12 General Services, and for the operation, maintenance, im13 provement, and repair of Agriculture buildings and facili14 ties, and for related costs, $64,414,000, to remain avail15 able until expended. 

16 HAZARDOUS MATERIALS MANAGEMENT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses of the Department of Agri19 culture, to comply with the Comprehensive Environmental 

20 Response, Compensation, and Liability Act (42 U.S.C. 

21 9601 et seq.) and the Resource Conservation and Recovery 

22 Act (42 U.S.C. 6901 et seq.), $3,503,000, to remain avail23 able until expended: Provided, That appropriations and 

24 funds available herein to the Department for Hazardous 

25 Materials Management may be transferred to any agency 

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1 of the Department for its use in meeting all requirements 

2 pursuant to the above Acts on Federal and non-Federal 

3 lands. 

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General, including employment pursuant to the Inspector 

7 General Act of 1978 (Public Law 95–452; 5 U.S.C. App.), 

8 $98,208,000, including such sums as may be necessary for 

9 contracting and other arrangements with public agencies 

10 and private persons pursuant to section 6(a)(9) of the In11 spector General Act of 1978 (Public Law 95–452; 5 

12 U.S.C. App.), and including not to exceed $125,000 for 

13 certain confidential operational expenses, including the 

14 payment of informants, to be expended under the direction 

15 of the Inspector General pursuant to the Inspector Gen16 eral Act of 1978 (Public Law 95–452; 5 U.S.C. App.) and 

17 section 1337 of the Agriculture and Food Act of 1981 

18 (Public Law 97–98). 

19 OFFICE OF THE GENERAL COUNSEL

20 For necessary expenses of the Office of the General 

21 Counsel, $44,546,000. 

22 OFFICE OF ETHICS

23 For necessary expenses of the Office of Ethics, 

24 $4,136,000. 

March 21, 2018 (6:08 p.m.)
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1 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

2 EDUCATION, AND ECONOMICS

3 For necessary expenses of the Office of the Under 

4 Secretary for Research, Education, and Economics, 

5 $800,000: Provided, That funds made available by this 

6 Act to an agency in the Research, Education, and Eco7 nomics mission area for salaries and expenses are avail8 able to fund up to one administrative support staff for 

9 the Office. 

10 ECONOMIC RESEARCH SERVICE

11 For necessary expenses of the Economic Research 

12 Service, $86,757,000. 

13 NATIONAL AGRICULTURAL STATISTICS SERVICE

14 For necessary expenses of the National Agricultural 

15 Statistics Service, $191,717,000, of which up to 

16 $63,350,000 shall be available until expended for the Cen17 sus of Agriculture: Provided, That amounts made available 

18 for the Census of Agriculture may be used to conduct Cur19 rent Industrial Report surveys subject to 7 U.S.C. 

20 2204g(d) and (f). 

21 AGRICULTURAL RESEARCH SERVICE

22 SALARIES AND EXPENSES

23 For necessary expenses of the Agricultural Research 

24 Service and for acquisition of lands by donation, exchange, 

25 or purchase at a nominal cost not to exceed $100, and 

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1 for land exchanges where the lands exchanged shall be of 

2 equal value or shall be equalized by a payment of money 

3 to the grantor which shall not exceed 25 percent of the 

4 total value of the land or interests transferred out of Fed5 eral ownership, $1,202,766,000: Provided, That appro6 priations hereunder shall be available for the operation 

7 and maintenance of aircraft and the purchase of not to 

8 exceed one for replacement only: Provided further, That 

9 appropriations hereunder shall be available pursuant to 7 

10 U.S.C. 2250 for the construction, alteration, and repair 

11 of buildings and improvements, but unless otherwise pro12 vided, the cost of constructing any one building shall not 

13 exceed $500,000, except for headhouses or greenhouses 

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

15 buildings to be constructed or improved at a cost not to 

16 exceed $1,100,000 each, and except for two buildings to 

17 be constructed at a cost not to exceed $3,000,000 each, 

18 and the cost of altering any one building during the fiscal 

19 year shall not exceed 10 percent of the current replace20 ment value of the building or $500,000, whichever is 

21 greater: Provided further, That appropriations hereunder 

22 shall be available for entering into lease agreements at any 

23 Agricultural Research Service location for the construction 

24 of a research facility by a non-Federal entity for use by 

25 the Agricultural Research Service and a condition of the 

March 21, 2018 (6:08 p.m.)
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1 lease shall be that any facility shall be owned, operated, 

2 and maintained by the non-Federal entity and shall be re3 moved upon the expiration or termination of the lease 

4 agreement: Provided further, That the limitations on alter5 ations contained in this Act shall not apply to moderniza6 tion or replacement of existing facilities at Beltsville, 

7 Maryland: Provided further, That appropriations here8 under shall be available for granting easements at the 

9 Beltsville Agricultural Research Center: Provided further, 

10 That the foregoing limitations shall not apply to replace11 ment of buildings needed to carry out the Act of April 

12 24, 1948 (21 U.S.C. 113a): Provided further, That appro13 priations hereunder shall be available for granting ease14 ments at any Agricultural Research Service location for 

15 the construction of a research facility by a non-Federal 

16 entity for use by, and acceptable to, the Agricultural Re17 search Service and a condition of the easements shall be 

18 that upon completion the facility shall be accepted by the 

19 Secretary, subject to the availability of funds herein, if the 

20 Secretary finds that acceptance of the facility is in the 

21 interest of the United States: Provided further, That funds 

22 may be received from any State, other political subdivi23 sion, organization, or individual for the purpose of estab24 lishing or operating any research facility or research 

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1 project of the Agricultural Research Service, as authorized 

2 by law. 

3 BUILDINGS AND FACILITIES

4 For the acquisition of land, construction, repair, im5 provement, extension, alteration, and purchase of fixed 

6 equipment or facilities as necessary to carry out the agri7 cultural research programs of the Department of Agri8 culture, where not otherwise provided, $140,600,000 to re9 main available until expended. 

10 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

11 RESEARCH AND EDUCATION ACTIVITIES

12 For payments to agricultural experiment stations, for 

13 cooperative forestry and other research, for facilities, and 

14 for other expenses, $887,171,000, which shall be for the 

15 purposes, and in the amounts, specified in the table titled 

16 ‘‘National Institute of Food and Agriculture, Research 

17 and Education Activities’’ in the explanatory statement 

18 described in section 4 (in the matter preceding division 

19 A of this consolidated Act): Provided, That funds for re20 search grants for 1994 institutions, education grants for 

21 1890 institutions, capacity building for non-land-grant 

22 colleges of agriculture, the agriculture and food research 

23 initiative, veterinary medicine loan repayment, multicul24 tural scholars, graduate fellowship and institution chal25 lenge grants, and grants management systems shall reMarch 21, 2018 (6:08 p.m.)
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1 main available until expended: Provided further, That each 

2 institution eligible to receive funds under the Evans-Allen 

3 program receives no less than $1,000,000: Provided fur4 ther, That funds for education grants for Alaska Native 

5 and Native Hawaiian-serving institutions be made avail6 able to individual eligible institutions or consortia of eligi7 ble institutions with funds awarded equally to each of the 

8 States of Alaska and Hawaii: Provided further, That funds 

9 for education grants for 1890 institutions shall be made 

10 available to institutions eligible to receive funds under 7 

11 U.S.C. 3221 and 3222: Provided further, That not more 

12 than 5 percent of the amounts made available by this or 

13 any other Act to carry out the Agriculture and Food Re14 search Initiative under 7 U.S.C. 450i(b) may be retained 

15 by the Secretary of Agriculture to pay administrative costs 

16 incurred by the Secretary in carrying out that authority. 

17 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

18 For the Native American Institutions Endowment 

19 Fund authorized by Public Law 103–382 (7 U.S.C. 301 

20 note), $11,880,000, to remain available until expended. 

21 EXTENSION ACTIVITIES

22 For payments to States, the District of Columbia, 

23 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 

24 Northern Marianas, and American Samoa, $483,626,000, 

25 which shall be for the purposes, and in the amounts, speciMarch 21, 2018 (6:08 p.m.)
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1 fied in the table titled ‘‘National Institute of Food and 

2 Agriculture, Extension Activities’’ in the explanatory 

3 statement described in section 4 (in the matter preceding 

4 division A of this consolidated Act): Provided, That funds 

5 for facility improvements at 1890 institutions shall remain 

6 available until expended: Provided further, That institu7 tions eligible to receive funds under 7 U.S.C. 3221 for co8 operative extension receive no less than $1,000,000: Pro9 vided further, That funds for cooperative extension under 

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

11 343(b) and (c)) and section 208(c) of Public Law 93–471 

12 shall be available for retirement and employees’ compensa13 tion costs for extension agents. 

14 INTEGRATED ACTIVITIES

15 For the integrated research, education, and extension 

16 grants programs, including necessary administrative ex17 penses, $37,000,000, which shall be for the purposes, and 

18 in the amounts, specified in the table titled ‘‘National In19 stitute of Food and Agriculture, Integrated Activities’’ in 

20 the explanatory statement described in section 4 (in the 

21 matter preceding division A of this consolidated Act): Pro22 vided, That funds for the Food and Agriculture Defense 

23 Initiative shall remain available until September 30, 2019: 

24 Provided further, That notwithstanding any other provi25 sion of law, indirect costs shall not be charged against any 

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1 Extension Implementation Program Area grant awarded 

2 under the Crop Protection/Pest Management Program (7 

3 U.S.C. 7626). 

4 OFFICE OF THE UNDER SECRETARY FOR MARKETING

5 AND REGULATORY PROGRAMS

6 For necessary expenses of the Office of the Under 

7 Secretary for Marketing and Regulatory Programs, 

8 $901,000: Provided, That funds made available by this 

9 Act to an agency in the Marketing and Regulatory Pro10 grams mission area for salaries and expenses are available 

11 to fund up to one administrative support staff for the Of12 fice. 

13 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of the Animal and Plant 

17 Health Inspection Service, including up to $30,000 for 

18 representation allowances and for expenses pursuant to 

19 the Foreign Service Act of 1980 (22 U.S.C. 4085), 

20 $981,893,000, of which $470,000, to remain available 

21 until expended, shall be available for the control of out22 breaks of insects, plant diseases, animal diseases and for 

23 control of pest animals and birds (‘‘contingency fund’’) to 

24 the extent necessary to meet emergency conditions; of 

25 which $11,520,000, to remain available until expended, 

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1 shall be used for the cotton pests program for cost share 

2 purposes or for debt retirement for active eradication 

3 zones; of which $37,857,000, to remain available until ex4 pended, shall be for Animal Health Technical Services; of 

5 which $705,000 shall be for activities under the authority 

6 of the Horse Protection Act of 1970, as amended (15 

7 U.S.C. 1831); of which $62,840,000, to remain available 

8 until expended, shall be used to support avian health; of 

9 which $4,251,000, to remain available until expended, 

10 shall be for information technology infrastructure; of 

11 which $178,170,000, to remain available until expended, 

12 shall be for specialty crop pests; of which, $9,326,000, to 

13 remain available until expended, shall be for field crop and 

14 rangeland ecosystem pests; of which $16,523,000, to re15 main available until expended, shall be for zoonotic disease 

16 management; of which $40,966,000, to remain available 

17 until expended, shall be for emergency preparedness and 

18 response; of which $56,000,000, to remain available until 

19 expended, shall be for tree and wood pests; of which 

20 $5,725,000, to remain available until expended, shall be 

21 for the National Veterinary Stockpile; of which up to 

22 $1,500,000, to remain available until expended, shall be 

23 for the scrapie program for indemnities; of which 

24 $2,500,000, to remain available until expended, shall be 

25 for the wildlife damage management program for aviation 

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1 safety: Provided, That of amounts available under this 

2 heading for wildlife services methods development, 

3 $1,000,000 shall remain available until expended: Pro4 vided further, That of amounts available under this head5 ing for the screwworm program, $4,990,000 shall remain 

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

7 available until expended, shall be for National Bio and 

8 Agro-Defense human capital development: Provided fur9 ther, That no funds shall be used to formulate or admin10 ister a brucellosis eradication program for the current fis11 cal year that does not require minimum matching by the 

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

13 appropriation shall be available for the operation and 

14 maintenance of aircraft and the purchase of not to exceed 

15 five, of which two shall be for replacement only: Provided 

16 further, That in addition, in emergencies which threaten 

17 any segment of the agricultural production industry of the 

18 United States, the Secretary may transfer from other ap19 propriations or funds available to the agencies or corpora20 tions of the Department such sums as may be deemed nec21 essary, to be available only in such emergencies for the 

22 arrest and eradication of contagious or infectious disease 

23 or pests of animals, poultry, or plants, and for expenses 

24 in accordance with sections 10411 and 10417 of the Ani25 mal Health Protection Act (7 U.S.C. 8310 and 8316) and 

March 21, 2018 (6:08 p.m.)
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1 sections 431 and 442 of the Plant Protection Act (7 

2 U.S.C. 7751 and 7772), and any unexpended balances of 

3 funds transferred for such emergency purposes in the pre4 ceding fiscal year shall be merged with such transferred 

5 amounts: Provided further, That appropriations hereunder 

6 shall be available pursuant to law (7 U.S.C. 2250) for the 

7 repair and alteration of leased buildings and improve8 ments, but unless otherwise provided the cost of altering 

9 any one building during the fiscal year shall not exceed 

10 10 percent of the current replacement value of the build11 ing. 

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

13 fees to cover the total costs of providing technical assist14 ance, goods, or services requested by States, other political 

15 subdivisions, domestic and international organizations, 

16 foreign governments, or individuals, provided that such 

17 fees are structured such that any entity’s liability for such 

18 fees is reasonably based on the technical assistance, goods, 

19 or services provided to the entity by the agency, and such 

20 fees shall be reimbursed to this account, to remain avail21 able until expended, without further appropriation, for 

22 providing such assistance, goods, or services. 

23 BUILDINGS AND FACILITIES

24 For plans, construction, repair, preventive mainte25 nance, environmental support, improvement, extension, alMarch 21, 2018 (6:08 p.m.)
22 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 teration, and purchase of fixed equipment or facilities, as 

2 authorized by 7 U.S.C. 2250, and acquisition of land as 

3 authorized by 7 U.S.C. 428a, $3,175,000, to remain avail4 able until expended. 

5 AGRICULTURAL MARKETING SERVICE

6 MARKETING SERVICES

7 For necessary expenses of the Agricultural Marketing 

8 Service, $151,595,000, of which $3,000,000 shall be avail9 able for the purposes of section 12306 of Public Law 113– 

10 79: Provided, That this appropriation shall be available 

11 pursuant to law (7 U.S.C. 2250) for the alteration and 

12 repair of buildings and improvements, but the cost of al13 tering any one building during the fiscal year shall not 

14 exceed 10 percent of the current replacement value of the 

15 building. 

16 Fees may be collected for the cost of standardization 

17 activities, as established by regulation pursuant to law (31 

18 U.S.C. 9701). 

19 LIMITATION ON ADMINISTRATIVE EXPENSES

20 Not to exceed $61,227,000 (from fees collected) shall 

21 be obligated during the current fiscal year for administra22 tive expenses: Provided, That if crop size is understated 

23 and/or other uncontrollable events occur, the agency may 

24 exceed this limitation by up to 10 percent with notification 

March 21, 2018 (6:08 p.m.)
23 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 to the Committees on Appropriations of both Houses of 

2 Congress. 

3 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

4 SUPPLY (SECTION 32)

5 (INCLUDING TRANSFERS OF FUNDS)

6 Funds available under section 32 of the Act of Au7 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com8 modity program expenses as authorized therein, and other 

9 related operating expenses, except for: (1) transfers to the 

10 Department of Commerce as authorized by the Fish and 

11 Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) trans12 fers otherwise provided in this Act; and (3) not more than 

13 $20,705,000 for formulation and administration of mar14 keting agreements and orders pursuant to the Agricultural 

15 Marketing Agreement Act of 1937 and the Agricultural 

16 Act of 1961 (Public Law 87–128). 

17 PAYMENTS TO STATES AND POSSESSIONS

18 For payments to departments of agriculture, bureaus 

19 and departments of markets, and similar agencies for 

20 marketing activities under section 204(b) of the Agricul21 tural Marketing Act of 1946 (7 U.S.C. 1623(b)), 

22 $1,235,000. 

March 21, 2018 (6:08 p.m.)
24 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 LIMITATION ON INSPECTION AND WEIGHING SERVICES

2 EXPENSES

3 Not to exceed $55,000,000 (from fees collected) shall 

4 be obligated during the current fiscal year for inspection 

5 and weighing services: Provided, That if grain export ac6 tivities require additional supervision and oversight, or 

7 other uncontrollable factors occur, this limitation may be 

8 exceeded by up to 10 percent with notification to the Com9 mittees on Appropriations of both Houses of Congress. 

10 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

11 For necessary expenses of the Office of the Under 

12 Secretary for Food Safety, $800,000: Provided, That 

13 funds made available by this Act to an agency in the Food 

14 Safety mission area for salaries and expenses are available 

15 to fund up to one administrative support staff for the Of16 fice. 

17 FOOD SAFETY AND INSPECTION SERVICE

18 For necessary expenses to carry out services author19 ized by the Federal Meat Inspection Act, the Poultry 

20 Products Inspection Act, and the Egg Products Inspection 

21 Act, including not to exceed $50,000 for representation 

22 allowances and for expenses pursuant to section 8 of the 

23 Act approved August 3, 1956 (7 U.S.C. 1766), 

24 $1,056,844,000; and in addition, $1,000,000 may be cred25 ited to this account from fees collected for the cost of labMarch 21, 2018 (6:08 p.m.)
25 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 oratory accreditation as authorized by section 1327 of the 

2 Food, Agriculture, Conservation and Trade Act of 1990 

3 (7 U.S.C. 138f): Provided, That funds provided for the 

4 Public Health Data Communication Infrastructure system 

5 shall remain available until expended: Provided further, 

6 That no fewer than 148 full-time equivalent positions shall 

7 be employed during fiscal year 2018 for purposes dedi8 cated solely to inspections and enforcement related to the 

9 Humane Methods of Slaughter Act (7 U.S.C. 1901 et 

10 seq.): Provided further, That not later than 180 days after 

11 the date of enactment of this Act, the Food Safety and 

12 Inspection Service shall issue equivalence determinations 

13 for all countries wishing to continue exporting 

14 Siluriformes to the United States: Provided further, That 

15 unless the requirements pursuant to the previous proviso 

16 have been met, thereafter, none of the funds made avail17 able by this or any other Act may be used to inspect, at 

18 point of entry, Siluriformes from countries exporting to 

19 the United States until all requirements under section 

20 557.2 of title 9, Code of Federal Regulations have been 

21 met and a final determination of equivalence final rule has 

22 been published in the Federal Register adding such coun23 tries to the list under section 327.2 of title 9, Code of 

24 Federal Regulations: Provided further, That of the funds 

25 made available under this heading, $7,500,000 shall reMarch 21, 2018 (6:08 p.m.)
26 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 main available until expended for public health veteri2 narian recruitment and retention incentives: Provided fur3 ther, That this appropriation shall be available pursuant 

4 to law (7 U.S.C. 2250) for the alteration and repair of 

5 buildings and improvements, but the cost of altering any 

6 one building during the fiscal year shall not exceed 10 per7 cent of the current replacement value of the building. 

March 21, 2018 (6:08 p.m.)
27 

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1 TITLE II 

2 FARM PRODUCTION AND CONSERVATION 

3 PROGRAMS 

4 OFFICE OF THE UNDER SECRETARY FOR FARM

5 PRODUCTION AND CONSERVATION

6 For necessary expenses of the Office of the Under 

7 Secretary for Farm Production and Conservation, 

8 $901,000: Provided, That funds made available by this 

9 Act to an agency in the Farm Production and Conserva10 tion mission area for salaries and expenses are available 

11 to fund up to one administrative support staff for the Of12 fice. 

13 FARM PRODUCTION AND CONSERVATION BUSINESS

14 CENTER

15 For necessary expenses of the Farm Production and 

16 Conservation Business Center, $1,028,000, to remain 

17 available until expended: Provided, That $145,000 of 

18 amounts appropriated for the current fiscal year pursuant 

19 to section 1241(a) of the Farm Security and Rural Invest20 ment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred 

21 to and merged with this account. 

March 21, 2018 (6:08 p.m.)
28 

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1 FARM SERVICE AGENCY

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses of the Farm Service Agency, 

5 $1,202,146,000: Provided, That not more than 50 percent 

6 of the $78,013,000 made available under this heading for 

7 information technology related to farm program delivery, 

8 including the Modernize and Innovate the Delivery of Ag9 ricultural Systems and other farm program delivery sys10 tems, may be obligated until the Secretary submits to the 

11 Committees on Appropriations of both Houses of Con12 gress, and receives written or electronic notification of re13 ceipt from such Committees of, a plan for expenditure that 

14 (1) identifies for each project/investment over $25,000 (a) 

15 the functional and performance capabilities to be delivered 

16 and the mission benefits to be realized, (b) the estimated 

17 lifecycle cost, including estimates for development as well 

18 as maintenance and operations, and (c) key milestones to 

19 be met; (2) demonstrates that each project/investment is, 

20 (a) consistent with the Farm Service Agency Information 

21 Technology Roadmap, (b) being managed in accordance 

22 with applicable lifecycle management policies and guid23 ance, and (c) subject to the applicable Department’s cap24 ital planning and investment control requirements; and (3) 

25 has been reviewed by the Government Accountability OfMarch 21, 2018 (6:08 p.m.)
29 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 fice and approved by the Committees on Appropriations 

2 of both Houses of Congress: Provided further, That the 

3 agency shall submit a report by the end of the fourth quar4 ter of fiscal year 2018 to the Committees on Appropria5 tions and the Government Accountability Office, that iden6 tifies for each project/investment that is operational (a) 

7 current performance against key indicators of customer 

8 satisfaction, (b) current performance of service level agree9 ments or other technical metrics, (c) current performance 

10 against a pre-established cost baseline, (d) a detailed 

11 breakdown of current and planned spending on oper12 ational enhancements or upgrades, and (e) an assessment 

13 of whether the investment continues to meet business 

14 needs as intended as well as alternatives to the investment: 

15 Provided further, That the Secretary is authorized to use 

16 the services, facilities, and authorities (but not the funds) 

17 of the Commodity Credit Corporation to make program 

18 payments for all programs administered by the Agency: 

19 Provided further, That other funds made available to the 

20 Agency for authorized activities may be advanced to and 

21 merged with this account: Provided further, That funds 

22 made available to county committees shall remain avail23 able until expended: Provided further, That none of the 

24 funds available to the Farm Service Agency shall be used 

25 to close Farm Service Agency county offices: Provided furMarch 21, 2018 (6:08 p.m.)
30 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ther, That none of the funds available to the Farm Service 

2 Agency shall be used to permanently relocate county based 

3 employees that would result in an office with two or fewer 

4 employees without prior notification and approval of the 

5 Committees on Appropriations of both Houses of Con6 gress. 

7 STATE MEDIATION GRANTS

8 For grants pursuant to section 502(b) of the Agricul9 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 

10 5106), $3,904,000. 

11 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

12 For necessary expenses to carry out wellhead or 

13 groundwater protection activities under section 1240O of 

14 the Food Security Act of 1985 (16 U.S.C. 3839bb–2), 

15 $6,500,000, to remain available until expended. 

16 DAIRY INDEMNITY PROGRAM

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses involved in making indemnity 

19 payments to dairy farmers and manufacturers of dairy 

20 products under a dairy indemnity program, such sums as 

21 may be necessary, to remain available until expended: Pro22 vided, That such program is carried out by the Secretary 

23 in the same manner as the dairy indemnity program de24 scribed in the Agriculture, Rural Development, Food and 

25 Drug Administration, and Related Agencies AppropriaMarch 21, 2018 (6:08 p.m.)
31 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

2 12). 

3 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For gross obligations for the principal amount of di7 rect and guaranteed farm ownership (7 U.S.C. 1922 et 

8 seq.) and operating (7 U.S.C. 1941 et seq.) loans, emer9 gency loans (7 U.S.C. 1961 et seq.), Indian tribe land ac10 quisition loans (25 U.S.C. 488), boll weevil loans (7 

11 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 

12 1924 et seq.), and Indian highly fractionated land loans 

13 (25 U.S.C. 488) to be available from funds in the Agricul14 tural Credit Insurance Fund, as follows: $2,750,000,000 

15 for guaranteed farm ownership loans and $1,500,000,000 

16 for farm ownership direct loans; $1,960,000,000 for un17 subsidized guaranteed operating loans and 

18 $1,530,000,000 for direct operating loans; emergency 

19 loans, $25,610,000; Indian tribe land acquisition loans, 

20 $20,000,000; guaranteed conservation loans, 

21 $150,000,000; Indian highly fractionated land loans, 

22 $10,000,000; and for boll weevil eradication program 

23 loans, $60,000,000: Provided, That the Secretary shall 

24 deem the pink bollworm to be a boll weevil for the purpose 

25 of boll weevil eradication program loans. 

March 21, 2018 (6:08 p.m.)
32 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 For the cost of direct and guaranteed loans and 

2 grants, including the cost of modifying loans as defined 

3 in section 502 of the Congressional Budget Act of 1974, 

4 as follows: farm operating loans, $61,812,000 for direct 

5 operating loans, $21,756,000 for unsubsidized guaranteed 

6 operating loans, emergency loans, $1,260,000 and 

7 $2,272,000 for Indian highly fractionated land loans to 

8 remain available until expended. 

9 In addition, for administrative expenses necessary to 

10 carry out the direct and guaranteed loan programs, 

11 $325,068,000: Provided, That of this amount, 

12 $314,998,000 shall be transferred to and merged with the 

13 appropriation for ‘‘Farm Service Agency, Salaries and Ex14 penses’’, of which $8,000,000 shall be available until Sep15 tember 30, 2019. 

16 Funds appropriated by this Act to the Agricultural 

17 Credit Insurance Program Account for farm ownership, 

18 operating and conservation direct loans and guaranteed 

19 loans may be transferred among these programs: Pro20 vided, That the Committees on Appropriations of both 

21 Houses of Congress are notified at least 15 days in ad22 vance of any transfer. 

March 21, 2018 (6:08 p.m.)
33 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 RISK MANAGEMENT AGENCY

2 SALARIES AND EXPENSES

3 For necessary expenses of the Risk Management 

4 Agency, $74,829,000: Provided, That not to exceed 

5 $1,000 shall be available for official reception and rep6 resentation expenses, as authorized by 7 U.S.C. 1506(i). 

7 NATURAL RESOURCES CONSERVATION SERVICE

8 CONSERVATION OPERATIONS

9 For necessary expenses for carrying out the provi10 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 

11 including preparation of conservation plans and establish12 ment of measures to conserve soil and water (including 

13 farm irrigation and land drainage and such special meas14 ures for soil and water management as may be necessary 

15 to prevent floods and the siltation of reservoirs and to con16 trol agricultural related pollutants); operation of conserva17 tion plant materials centers; classification and mapping of 

18 soil; dissemination of information; acquisition of lands, 

19 water, and interests therein for use in the plant materials 

20 program by donation, exchange, or purchase at a nominal 

21 cost not to exceed $100 pursuant to the Act of August 

22 3, 1956 (7 U.S.C. 428a); purchase and erection or alter23 ation or improvement of permanent and temporary build24 ings; and operation and maintenance of aircraft, 

25 $874,107,000, to remain available until September 30, 

March 21, 2018 (6:08 p.m.)
34 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 2019: Provided, That appropriations hereunder shall be 

2 available pursuant to 7 U.S.C. 2250 for construction and 

3 improvement of buildings and public improvements at 

4 plant materials centers, except that the cost of alterations 

5 and improvements to other buildings and other public im6 provements shall not exceed $250,000: Provided further, 

7 That when buildings or other structures are erected on 

8 non-Federal land, that the right to use such land is ob9 tained as provided in 7 U.S.C. 2250a: Provided further, 

10 That of the amounts made available under this heading, 

11 $5,600,000, shall remain available until expended for the 

12 authorities under 16 U.S.C. 1001–1005 and 1007–1009 

13 for authorized ongoing watershed projects with a primary 

14 purpose of providing water to rural communities. 

15 WATERSHED AND FLOOD PREVENTION OPERATIONS

16 For necessary expenses to carry out preventive meas17 ures, including but not limited to surveys and investiga18 tions, engineering operations, works of improvement, and 

19 changes in use of land, in accordance with the Watershed 

20 Protection and Flood Prevention Act (16 U.S.C. 1001– 

21 1005 and 1007–1009) and in accordance with the provi22 sions of laws relating to the activities of the Department, 

23 $150,000,000, to remain available until expended: Pro24 vided, That for funds provided by this Act or any other 

25 prior Act, the limitation regarding the size of the waterMarch 21, 2018 (6:08 p.m.)
35 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 shed or subwatershed exceeding two hundred and fifty 

2 thousand acres in which such activities can be undertaken 

3 shall only apply for activities undertaken for the primary 

4 purpose of flood prevention (including structural and land 

5 treatment measures): Provided further, That of the 

6 amounts made available under this heading, $50,000,000 

7 shall be allocated to projects and activities that can com8 mence promptly following enactment; that address re9 gional priorities for flood prevention, agricultural water 

10 management, inefficient irrigation systems, fish and wild11 life habitat, or watershed protection; or that address au12 thorized ongoing projects under the authorities of section 

13 13 of the Flood Control Act of December 22, 1944 (Public 

14 Law 78–534) with a primary purpose of watershed protec15 tion by preventing floodwater damage and stabilizing 

16 stream channels, tributaries, and banks to reduce erosion 

17 and sediment transport. 

18 WATERSHED REHABILITATION PROGRAM

19 Under the authorities of section 14 of the Watershed 

20 Protection and Flood Prevention Act, $10,000,000 is pro21 vided: Provided, That of the amounts made available 

22 under this heading, $5,000,000 shall remain available 

23 until expended for watershed rehabilitation projects in 

24 states with high-hazard dams and other watershed strucMarch 21, 2018 (6:08 p.m.)
36 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 tures and that have recently incurred flooding events 

2 which caused fatalities. 

3 CORPORATIONS 

4 The following corporations and agencies are hereby 

5 authorized to make expenditures, within the limits of 

6 funds and borrowing authority available to each such cor7 poration or agency and in accord with law, and to make 

8 contracts and commitments without regard to fiscal year 

9 limitations as provided by section 104 of the Government 

10 Corporation Control Act as may be necessary in carrying 

11 out the programs set forth in the budget for the current 

12 fiscal year for such corporation or agency, except as here13 inafter provided. 

14 FEDERAL CROP INSURANCE CORPORATION FUND

15 For payments as authorized by section 516 of the 

16 Federal Crop Insurance Act (7 U.S.C. 1516), such sums 

17 as may be necessary, to remain available until expended. 

18 COMMODITY CREDIT CORPORATION FUND

19 REIMBURSEMENT FOR NET REALIZED LOSSES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For the current fiscal year, such sums as may be nec22 essary to reimburse the Commodity Credit Corporation for 

23 net realized losses sustained, but not previously reim24 bursed, pursuant to section 2 of the Act of August 17, 

25 1961 (15 U.S.C. 713a–11): Provided, That of the funds 

March 21, 2018 (6:08 p.m.)
37 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 available to the Commodity Credit Corporation under sec2 tion 11 of the Commodity Credit Corporation Charter Act 

3 (15 U.S.C. 714i) for the conduct of its business with the 

4 Foreign Agricultural Service, up to $5,000,000 may be 

5 transferred to and used by the Foreign Agricultural Serv6 ice for information resource management activities of the 

7 Foreign Agricultural Service that are not related to Com8 modity Credit Corporation business. 

9 HAZARDOUS WASTE MANAGEMENT

10 (LIMITATION ON EXPENSES)

11 For the current fiscal year, the Commodity Credit 

12 Corporation shall not expend more than $5,000,000 for 

13 site investigation and cleanup expenses, and operations 

14 and maintenance expenses to comply with the requirement 

15 of section 107(g) of the Comprehensive Environmental 

16 Response, Compensation, and Liability Act (42 U.S.C. 

17 9607(g)), and section 6001 of the Resource Conservation 

18 and Recovery Act (42 U.S.C. 6961). 

March 21, 2018 (6:08 p.m.)
38 

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1 TITLE III 

2 RURAL DEVELOPMENT PROGRAMS 

3 RURAL DEVELOPMENT

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses for carrying out the adminis7 tration and implementation of Rural Development pro8 grams, including activities with institutions concerning the 

9 development and operation of agricultural cooperatives; 

10 and for cooperative agreements; $230,835,000: Provided, 

11 That notwithstanding any other provision of law, funds 

12 appropriated under this heading may be used for adver13 tising and promotional activities that support Rural Devel14 opment programs: Provided further, That in addition to 

15 any other funds appropriated for purposes authorized by 

16 section 502(i) of the Housing Act of 1949 (42 U.S.C. 

17 1472(i)), any amounts collected under such section, as 

18 amended by this Act, will immediately be credited to this 

19 account and will remain available until expended for such 

20 purposes. 

21 RURAL HOUSING SERVICE

22 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 For gross obligations for the principal amount of di25 rect and guaranteed loans as authorized by title V of the 

March 21, 2018 (6:08 p.m.)
39 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 Housing Act of 1949, to be available from funds in the 

2 rural housing insurance fund, as follows: $1,100,000,000 

3 shall be for direct loans and $24,000,000,000 shall be for 

4 unsubsidized guaranteed loans; $28,000,000 for section 

5 504 housing repair loans; $40,000,000 for section 515 

6 rental housing; $230,000,000 for section 538 guaranteed 

7 multi-family housing loans; $10,000,000 for credit sales 

8 of single family housing acquired property; $5,000,000 for 

9 section 523 self-help housing land development loans; and 

10 $5,000,000 for section 524 site development loans: Pro11 vided, That section 514(f)(3)(A) of the Housing Act of 

12 1949 (42 U.S.C. 1484(f)(3)(A)) is amended by striking 

13 ‘‘United States’’ and inserting ‘‘United States,’’ and by 

14 inserting before the semicolon the following: ‘‘, or a person 

15 legally admitted to the United States and authorized to 

16 work in agriculture’’. 

17 For the cost of direct and guaranteed loans, including 

18 the cost of modifying loans, as defined in section 502 of 

19 the Congressional Budget Act of 1974, as follows: section 

20 502 loans, $42,350,000 shall be for direct loans; section 

21 504 housing repair loans, $3,452,000; section 523 self22 help housing land development loans, $368,000; section 

23 524 site development loans, $58,000; and repair, rehabili24 tation, and new construction of section 515 rental housing, 

25 $10,524,000: Provided, That to support the loan program 

March 21, 2018 (6:08 p.m.)
40 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 level for section 538 guaranteed loans made available 

2 under this heading the Secretary may charge or adjust 

3 any fees to cover the projected cost of such loan guaran4 tees pursuant to the provisions of the Credit Reform Act 

5 of 1990 (2 U.S.C. 661 et seq.), and the interest on such 

6 loans may not be subsidized: Provided further, That appli7 cants in communities that have a current rural area waiv8 er under section 541 of the Housing Act of 1949 (42 

9 U.S.C. 1490q) shall be treated as living in a rural area 

10 for purposes of section 502 guaranteed loans provided 

11 under this heading: Provided further, That of the amounts 

12 available under this paragraph for section 502 direct 

13 loans, no less than $5,000,000 shall be available for direct 

14 loans for individuals whose homes will be built pursuant 

15 to a program funded with a mutual and self-help housing 

16 grant authorized by section 523 of the Housing Act of 

17 1949 until June 1, 2018: Provided further, That the Sec18 retary shall implement provisions to provide incentives to 

19 nonprofit organizations and public housing authorities to 

20 facilitate the acquisition of Rural Housing Service (RHS) 

21 multifamily housing properties by such nonprofit organi22 zations and public housing authorities that commit to keep 

23 such properties in the RHS multifamily housing program 

24 for a period of time as determined by the Secretary, with 

25 such incentives to include, but not be limited to, the folMarch 21, 2018 (6:08 p.m.)
41 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 lowing: allow such nonprofit entities and public housing 

2 authorities to earn a Return on Investment on their own 

3 resources to include proceeds from low income housing tax 

4 credit syndication, own contributions, grants, and devel5 oper loans at favorable rates and terms, invested in a deal; 

6 and allow reimbursement of organizational costs associ7 ated with owner’s oversight of asset referred to as ‘‘Asset 

8 Management Fee’’ of up to $7,500 per property. 

9 In addition, for the cost of direct loans, grants, and 

10 contracts, as authorized by sections 514 and 516 of the 

11 Housing Act of 1949 (42 U.S.C. 1484, 1486), 

12 $14,710,000, to remain available until expended, for direct 

13 farm labor housing loans and domestic farm labor housing 

14 grants and contracts: Provided, That any balances avail15 able for the Farm Labor Program Account shall be trans16 ferred to and merged with this account. 

17 In addition, for administrative expenses necessary to 

18 carry out the direct and guaranteed loan programs, 

19 $412,254,000 shall be transferred to and merged with the 

20 appropriation for ‘‘Rural Development, Salaries and Ex21 penses’’. 

22 RENTAL ASSISTANCE PROGRAM

23 For rental assistance agreements entered into or re24 newed pursuant to the authority under section 521(a)(2) 

25 of the Housing Act of 1949 or agreements entered into 

March 21, 2018 (6:08 p.m.)
42 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 in lieu of debt forgiveness or payments for eligible house2 holds as authorized by section 502(c)(5)(D) of the Hous3 ing Act of 1949, $1,345,293,000, of which $40,000,000 

4 shall be available until September 30, 2019; and in addi5 tion such sums as may be necessary, as authorized by sec6 tion 521(c) of the Act, to liquidate debt incurred prior to 

7 fiscal year 1992 to carry out the rental assistance program 

8 under section 521(a)(2) of the Act: Provided, That rental 

9 assistance agreements entered into or renewed during the 

10 current fiscal year shall be funded for a one-year period: 

11 Provided further, That any unexpended balances remain12 ing at the end of such one-year agreements may be trans13 ferred and used for purposes of any debt reduction; main14 tenance, repair, or rehabilitation of any existing projects; 

15 preservation; and rental assistance activities authorized 

16 under title V of the Act: Provided further, That rental as17 sistance provided under agreements entered into prior to 

18 fiscal year 2018 for a farm labor multi-family housing 

19 project financed under section 514 or 516 of the Act may 

20 not be recaptured for use in another project until such 

21 assistance has remained unused for a period of 12 con22 secutive months, if such project has a waiting list of ten23 ants seeking such assistance or the project has rental as24 sistance eligible tenants who are not receiving such assist25 ance: Provided further, That such recaptured rental assistMarch 21, 2018 (6:08 p.m.)
43 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ance shall, to the extent practicable, be applied to another 

2 farm labor multi-family housing project financed under 

3 section 514 or 516 of the Act: Provided further, That ex4 cept as provided in the third proviso under this heading 

5 and notwithstanding any other provision of the Act, the 

6 Secretary may recapture rental assistance provided under 

7 agreements entered into prior to fiscal year 2018 for a 

8 project that the Secretary determines no longer needs 

9 rental assistance and use such recaptured funds for cur10 rent needs. 

11 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

12 ACCOUNT

13 For the rural housing voucher program as authorized 

14 under section 542 of the Housing Act of 1949, but not15 withstanding subsection (b) of such section, and for addi16 tional costs to conduct a demonstration program for the 

17 preservation and revitalization of multi-family rental hous18 ing properties described in this paragraph, $47,000,000, 

19 to remain available until expended: Provided, That of the 

20 funds made available under this heading, $25,000,000, 

21 shall be available for rural housing vouchers to any low22 income household (including those not receiving rental as23 sistance) residing in a property financed with a section 

24 515 loan which has been prepaid after September 30, 

25 2005: Provided further, That the amount of such voucher 

March 21, 2018 (6:08 p.m.)
44 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 shall be the difference between comparable market rent 

2 for the section 515 unit and the tenant paid rent for such 

3 unit: Provided further, That funds made available for such 

4 vouchers shall be subject to the availability of annual ap5 propriations: Provided further, That the Secretary shall, 

6 to the maximum extent practicable, administer such 

7 vouchers with current regulations and administrative guid8 ance applicable to section 8 housing vouchers administered 

9 by the Secretary of the Department of Housing and Urban 

10 Development: Provided further, That if the Secretary de11 termines that the amount made available for vouchers in 

12 this or any other Act is not needed for vouchers, the Sec13 retary may use such funds for the demonstration program 

14 for the preservation and revitalization of multi-family 

15 rental housing properties described in this paragraph: Pro16 vided further, That of the funds made available under this 

17 heading, $22,000,000 shall be available for a demonstra18 tion program for the preservation and revitalization of the 

19 sections 514, 515, and 516 multi-family rental housing 

20 properties to restructure existing USDA multi-family 

21 housing loans, as the Secretary deems appropriate, ex22 pressly for the purposes of ensuring the project has suffi23 cient resources to preserve the project for the purpose of 

24 providing safe and affordable housing for low-income resi25 dents and farm laborers including reducing or eliminating 

March 21, 2018 (6:08 p.m.)
45 

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1 interest; deferring loan payments, subordinating, reducing 

2 or reamortizing loan debt; and other financial assistance 

3 including advances, payments and incentives (including 

4 the ability of owners to obtain reasonable returns on in5 vestment) required by the Secretary: Provided further, 

6 That the Secretary shall as part of the preservation and 

7 revitalization agreement obtain a restrictive use agreement 

8 consistent with the terms of the restructuring: Provided 

9 further, That if the Secretary determines that additional 

10 funds for vouchers described in this paragraph are needed, 

11 funds for the preservation and revitalization demonstra12 tion program may be used for such vouchers: Provided fur13 ther, That if Congress enacts legislation to permanently 

14 authorize a multi-family rental housing loan restructuring 

15 program similar to the demonstration program described 

16 herein, the Secretary may use funds made available for 

17 the demonstration program under this heading to carry 

18 out such legislation with the prior approval of the Commit19 tees on Appropriations of both Houses of Congress: Pro20 vided further, That in addition to any other available 

21 funds, the Secretary may expend not more than 

22 $1,000,000 total, from the program funds made available 

23 under this heading, for administrative expenses for activi24 ties funded under this heading. 

March 21, 2018 (6:08 p.m.)
46 

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1 MUTUAL AND SELF-HELP HOUSING GRANTS

2 For grants and contracts pursuant to section 

3 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 

4 1490c), $30,000,000, to remain available until expended. 

5 RURAL HOUSING ASSISTANCE GRANTS

6 For grants for very low-income housing repair and 

7 rural housing preservation made by the Rural Housing 

8 Service, as authorized by 42 U.S.C. 1474, and 1490m, 

9 $40,000,000, to remain available until expended. 

10 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

11 (INCLUDING TRANSFERS OF FUNDS)

12 For gross obligations for the principal amount of di13 rect and guaranteed loans as authorized by section 306 

14 and described in section 381E(d)(1) of the Consolidated 

15 Farm and Rural Development Act, $2,800,000,000 for di16 rect loans and $148,287,000 for guaranteed loans. 

17 For the cost of guaranteed loans, including the cost 

18 of modifying loans, as defined in section 502 of the Con19 gressional Budget Act of 1974, $4,849,000, to remain 

20 available until expended. 

21 For the cost of grants for rural community facilities 

22 programs as authorized by section 306 and described in 

23 section 381E(d)(1) of the Consolidated Farm and Rural 

24 Development Act, $43,778,000, to remain available until 

25 expended: Provided, That $4,000,000 of the amount apMarch 21, 2018 (6:08 p.m.)
47 

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1 propriated under this heading shall be available for a 

2 Rural Community Development Initiative: Provided fur3 ther, That such funds shall be used solely to develop the 

4 capacity and ability of private, nonprofit community-based 

5 housing and community development organizations, low6 income rural communities, and Federally Recognized Na7 tive American Tribes to undertake projects to improve 

8 housing, community facilities, community and economic 

9 development projects in rural areas: Provided further, 

10 That such funds shall be made available to qualified pri11 vate, nonprofit and public intermediary organizations pro12 posing to carry out a program of financial and technical 

13 assistance: Provided further, That such intermediary orga14 nizations shall provide matching funds from other sources, 

15 including Federal funds for related activities, in an 

16 amount not less than funds provided: Provided further, 

17 That $5,778,000 of the amount appropriated under this 

18 heading shall be to provide grants for facilities in rural 

19 communities with extreme unemployment and severe eco20 nomic depression (Public Law 106–387), with up to 5 per21 cent for administration and capacity building in the State 

22 rural development offices: Provided further, That 

23 $4,000,000 of the amount appropriated under this head24 ing shall be available for community facilities grants to 

25 tribal colleges, as authorized by section 306(a)(19) of such 

March 21, 2018 (6:08 p.m.)
48 

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1 Act: Provided further, That sections 381E–H and 381N 

2 of the Consolidated Farm and Rural Development Act are 

3 not applicable to the funds made available under this 

4 heading. 

5 RURAL BUSINESS—COOPERATIVE SERVICE

6 RURAL BUSINESS PROGRAM ACCOUNT

7 (INCLUDING TRANSFERS OF FUNDS)

8 For the cost of loan guarantees and grants, for the 

9 rural business development programs authorized by sec10 tion 310B and described in subsections (a), (c), (f) and 

11 (g) of section 310B of the Consolidated Farm and Rural 

12 Development Act, $77,342,000, to remain available until 

13 expended: Provided, That of the amount appropriated 

14 under this heading, not to exceed $500,000 shall be made 

15 available for one grant to a qualified national organization 

16 to provide technical assistance for rural transportation in 

17 order to promote economic development and $6,000,000 

18 shall be for grants to the Delta Regional Authority (7 

19 U.S.C. 2009aa et seq.) and the Appalachian Regional 

20 Commission (40 U.S.C. 14101 et seq.) for any Rural Com21 munity Advancement Program purpose as described in 

22 section 381E(d) of the Consolidated Farm and Rural De23 velopment Act, of which not more than 5 percent may be 

24 used for administrative expenses: Provided further, That 

25 $4,000,000 of the amount appropriated under this headMarch 21, 2018 (6:08 p.m.)
49 

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1 ing shall be for business grants to benefit Federally Recog2 nized Native American Tribes, including $250,000 for a 

3 grant to a qualified national organization to provide tech4 nical assistance for rural transportation in order to pro5 mote economic development: Provided further, That sec6 tions 381E–H and 381N of the Consolidated Farm and 

7 Rural Development Act are not applicable to funds made 

8 available under this heading. 

9 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT

10 (INCLUDING TRANSFER OF FUNDS)

11 For the principal amount of direct loans, as author12 ized by the Intermediary Relending Program Fund Ac13 count (7 U.S.C. 1936b), $18,889,000. 

14 For the cost of direct loans, $4,361,000, as author15 ized by the Intermediary Relending Program Fund Ac16 count (7 U.S.C. 1936b), of which $557,000 shall be avail17 able through June 30, 2018, for Federally Recognized Na18 tive American Tribes; and of which $1,072,000 shall be 

19 available through June 30, 2018, for Mississippi Delta Re20 gion counties (as determined in accordance with Public 

21 Law 100–460): Provided, That such costs, including the 

22 cost of modifying such loans, shall be as defined in section 

23 502 of the Congressional Budget Act of 1974. 

24 In addition, for administrative expenses to carry out 

25 the direct loan programs, $4,468,000 shall be transferred 

March 21, 2018 (6:08 p.m.)
50 

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1 to and merged with the appropriation for ‘‘Rural Develop2 ment, Salaries and Expenses’’. 

3 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

4 ACCOUNT

5 For the principal amount of direct loans, as author6 ized under section 313 of the Rural Electrification Act, 

7 for the purpose of promoting rural economic development 

8 and job creation projects, $45,000,000. 

9 The cost of grants authorized under section 313 of 

10 the Rural Electrification Act, for the purpose of promoting 

11 rural economic development and job creation projects shall 

12 not exceed $10,000,000. 

13 RURAL COOPERATIVE DEVELOPMENT GRANTS

14 For rural cooperative development grants authorized 

15 under section 310B(e) of the Consolidated Farm and 

16 Rural Development Act (7 U.S.C. 1932), $27,550,000, of 

17 which $2,750,000 shall be for cooperative agreements for 

18 the appropriate technology transfer for rural areas pro19 gram: Provided, That not to exceed $3,000,000 shall be 

20 for grants for cooperative development centers, individual 

21 cooperatives, or groups of cooperatives that serve socially 

22 disadvantaged groups and a majority of the boards of di23 rectors or governing boards of which are comprised of in24 dividuals who are members of socially disadvantaged 

25 groups; and of which $16,000,000, to remain available 

March 21, 2018 (6:08 p.m.)
51 

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1 until expended, shall be for value-added agricultural prod2 uct market development grants, as authorized by section 

3 231 of the Agricultural Risk Protection Act of 2000 (7 

4 U.S.C. 1632a), of which $1,000,000 shall be for Agri5 culture Innovation Centers authorized pursuant to section 

6 6402 of Public Law 107–171. 

7 RURAL ENERGY FOR AMERICA PROGRAM

8 For the cost of a program of loan guarantees, under 

9 the same terms and conditions as authorized by section 

10 9007 of the Farm Security and Rural Investment Act of 

11 2002 (7 U.S.C. 8107), $293,000: Provided, That the cost 

12 of loan guarantees, including the cost of modifying such 

13 loans, shall be as defined in section 502 of the Congres14 sional Budget Act of 1974. 

15 RURAL UTILITIES SERVICE

16 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For the cost of direct loans, loan guarantees, and 

19 grants for the rural water, waste water, waste disposal, 

20 and solid waste management programs authorized by sec21 tions 306, 306A, 306C, 306D, 306E, and 310B and de22 scribed in sections 306C(a)(2), 306D, 306E, and 

23 381E(d)(2) of the Consolidated Farm and Rural Develop24 ment Act, $560,263,000, to remain available until ex25 pended, of which not to exceed $1,000,000 shall be availMarch 21, 2018 (6:08 p.m.)
52 

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1 able for the rural utilities program described in section 

2 306(a)(2)(B) of such Act, and of which not to exceed 

3 $993,000 shall be available for the rural utilities program 

4 described in section 306E of such Act: Provided, That not 

5 to exceed $15,000,000 of the amount appropriated under 

6 this heading shall be for grants authorized by section 

7 306A(i)(2) of the Consolidated Farm and Rural Develop8 ment Act in addition to funding authorized by section 

9 306A(i)(1) of such Act and such grants may not exceed 

10 $1,000,000 notwithstanding section 306A(f)(1) of such 

11 Act: Provided further, That $68,000,000 of the amount 

12 appropriated under this heading shall be for loans and 

13 grants including water and waste disposal systems grants 

14 authorized by section 306C(a)(2)(B) and section 306D of 

15 the Consolidated Farm and Rural Development Act, and 

16 Federally Recognized Native American Tribes authorized 

17 by 306C(a)(1) of such Act: Provided further, That funding 

18 provided for section 306D of the Consolidated Farm and 

19 Rural Development Act may be provided to a consortium 

20 formed pursuant to section 325 of Public Law 105–83: 

21 Provided further, That not more than 2 percent of the 

22 funding provided for section 306D of the Consolidated 

23 Farm and Rural Development Act may be used by the 

24 State of Alaska for training and technical assistance pro25 grams and not more than 2 percent of the funding proMarch 21, 2018 (6:08 p.m.)
53 

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1 vided for section 306D of the Consolidated Farm and 

2 Rural Development Act may be used by a consortium 

3 formed pursuant to section 325 of Public Law 105–83 for 

4 training and technical assistance programs: Provided fur5 ther, That not to exceed $40,000,000 of the amount ap6 propriated under this heading shall be for technical assist7 ance grants for rural water and waste systems pursuant 

8 to section 306(a)(14) of such Act, unless the Secretary 

9 makes a determination of extreme need, of which 

10 $8,000,000 shall be made available for a grant to a quali11 fied nonprofit multi-State regional technical assistance or12 ganization, with experience in working with small commu13 nities on water and waste water problems, the principal 

14 purpose of such grant shall be to assist rural communities 

15 with populations of 3,300 or less, in improving the plan16 ning, financing, development, operation, and management 

17 of water and waste water systems, and of which not less 

18 than $800,000 shall be for a qualified national Native 

19 American organization to provide technical assistance for 

20 rural water systems for tribal communities: Provided fur21 ther, That not to exceed $19,000,000 of the amount ap22 propriated under this heading shall be for contracting with 

23 qualified national organizations for a circuit rider program 

24 to provide technical assistance for rural water systems: 

25 Provided further, That not to exceed $4,000,000 shall be 

March 21, 2018 (6:08 p.m.)
54 

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1 for solid waste management grants: Provided further, That 

2 $10,000,000 of the amount appropriated under this head3 ing shall be transferred to, and merged with, the Rural 

4 Utilities Service, High Energy Cost Grants Account to 

5 provide grants authorized under section 19 of the Rural 

6 Electrification Act of 1936 (7 U.S.C. 918a): Provided fur7 ther, That any prior year balances for high-energy cost 

8 grants authorized by section 19 of the Rural Electrifica9 tion Act of 1936 (7 U.S.C. 918a) shall be transferred to 

10 and merged with the Rural Utilities Service, High Energy 

11 Cost Grants Account: Provided further, That sections 

12 381E–H and 381N of the Consolidated Farm and Rural 

13 Development Act are not applicable to the funds made 

14 available under this heading. 

15 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

16 LOANS PROGRAM ACCOUNT

17 (INCLUDING TRANSFER OF FUNDS)

18 The principal amount of direct and guaranteed loans 

19 as authorized by sections 305, 306, and 317 of the Rural 

20 Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g) 

21 shall be made as follows: loans made pursuant to sections 

22 305, 306, and 317, notwithstanding 317(c), of that Act, 

23 rural electric, $5,500,000,000; guaranteed underwriting 

24 loans pursuant to section 313A, $750,000,000; 5 percent 

25 rural telecommunications loans, cost of money rural teleMarch 21, 2018 (6:08 p.m.)
55 

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1 communications loans, and for loans made pursuant to 

2 section 306 of that Act, rural telecommunications loans, 

3 $690,000,000: Provided, That up to $2,000,000,000 shall 

4 be used for the construction, acquisition, or improvement 

5 of fossil-fueled electric generating plants (whether new or 

6 existing) that utilize carbon sequestration systems. 

7 For the cost of direct loans as authorized by section 

8 305 of the Rural Electrification Act of 1936 (7 U.S.C. 

9 935), including the cost of modifying loans, as defined in 

10 section 502 of the Congressional Budget Act of 1974, cost 

11 of money rural telecommunications loans, $863,000. 

12 In addition, for administrative expenses necessary to 

13 carry out the direct and guaranteed loan programs, 

14 $33,270,000, which shall be transferred to and merged 

15 with the appropriation for ‘‘Rural Development, Salaries 

16 and Expenses’’. 

17 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

18 PROGRAM

19 For the principal amount of broadband telecommuni20 cation loans, $29,851,000. 

21 For grants for telemedicine and distance learning 

22 services in rural areas, as authorized by 7 U.S.C. 950aaa 

23 et seq., $32,000,000, to remain available until expended: 

24 Provided, That $3,000,000 shall be made available for 

25 grants authorized by 379G of the Consolidated Farm and 

March 21, 2018 (6:08 p.m.)
56 

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1 Rural Development Act: Provided further, That funding 

2 provided under this heading for grants under 379G of the 

3 Consolidated Farm and Rural Development Act may only 

4 be provided to entities that meet all of the eligibility cri5 teria for a consortium as established by this section. 

6 For the cost of broadband loans, as authorized by 

7 section 601 of the Rural Electrification Act, $5,000,000, 

8 to remain available until expended: Provided, That the 

9 cost of direct loans shall be as defined in section 502 of 

10 the Congressional Budget Act of 1974. 

11 In addition, $30,000,000, to remain available until 

12 expended, for a grant program to finance broadband 

13 transmission in rural areas eligible for Distance Learning 

14 and Telemedicine Program benefits authorized by 7 

15 U.S.C. 950aaa. 

March 21, 2018 (6:08 p.m.)
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1 TITLE IV 

2 DOMESTIC FOOD PROGRAMS 

3 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

4 NUTRITION, AND CONSUMER SERVICES

5 For necessary expenses of the Office of the Under 

6 Secretary for Food, Nutrition, and Consumer Services, 

7 $800,000: Provided, That funds made available by this 

8 Act to an agency in the Food, Nutrition and Consumer 

9 Services mission area for salaries and expenses are avail10 able to fund up to one administrative support staff for 

11 the Office. 

12 FOOD AND NUTRITION SERVICE

13 CHILD NUTRITION PROGRAMS

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses to carry out the Richard B. 

16 Russell National School Lunch Act (42 U.S.C. 1751 et 

17 seq.), except section 21, and the Child Nutrition Act of 

18 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 

19 21; $24,254,139,000 to remain available through Sep20 tember 30, 2019, of which such sums as are made avail21 able under section 14222(b)(1) of the Food, Conservation, 

22 and Energy Act of 2008 (Public Law 110–246), as 

23 amended by this Act, shall be merged with and available 

24 for the same time period and purposes as provided herein: 

25 Provided, That of the total amount available, $17,004,000 

March 21, 2018 (6:08 p.m.)
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1 shall be available to carry out section 19 of the Child Nu2 trition Act of 1966 (42 U.S.C. 1771 et seq.): Provided 

3 further, That of the total amount available, $30,000,000 

4 shall be available to provide competitive grants to State 

5 agencies for subgrants to local educational agencies and 

6 schools to purchase the equipment, with a value of greater 

7 than $1,000, needed to serve healthier meals, improve food 

8 safety, and to help support the establishment, mainte9 nance, or expansion of the school breakfast program: Pro10 vided further, That of the total amount available, 

11 $28,000,000 shall remain available until expended to carry 

12 out section 749(g) of the Agriculture Appropriations Act 

13 of 2010 (Public Law 111–80): Provided further, That sec14 tion 26(d) of the Richard B. Russell National School 

15 Lunch Act (42 U.S.C. 1769g(d)) is amended in the first 

16 sentence by striking ‘‘2010 through 2017’’ and inserting 

17 ‘‘2010 through 2018’’: Provided further, That section 

18 9(h)(3) of the Richard B. Russell National School Lunch 

19 Act (42 U.S.C. 1758(h)(3)) is amended in the first sen20 tence by striking ‘‘for fiscal year 2017’’ and inserting ‘‘for 

21 fiscal year 2018’’: Provided further, That section 9(h)(4) 

22 of the Richard B. Russell National School Lunch Act (42 

23 U.S.C. 1758(h)(4)) is amended in the first sentence by 

24 striking ‘‘for fiscal year 2017’’ and inserting ‘‘for fiscal 

25 year 2018’’. 

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1 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

2 WOMEN, INFANTS, AND CHILDREN (WIC)

3 For necessary expenses to carry out the special sup4 plemental nutrition program as authorized by section 17 

5 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

6 $6,175,000,000, to remain available through September 

7 30, 2019, of which $25,000,000 shall be placed in reserve, 

8 to remain available until expended, to be allocated as the 

9 Secretary deemed necessary, notwithstanding section 17(i) 

10 of such Act, to support participation should cost or partici11 pation exceed budget estimates: Provided, That notwith12 standing section 17(h)(10) of the Child Nutrition Act of 

13 1966 (42 U.S.C. 1786(h)(10)), not less than $60,000,000 

14 shall be used for breastfeeding peer counselors and other 

15 related activities, and $14,000,000 shall be used for infra16 structure: Provided further, That none of the funds pro17 vided in this account shall be available for the purchase 

18 of infant formula except in accordance with the cost con19 tainment and competitive bidding requirements specified 

20 in section 17 of such Act: Provided further, That none of 

21 the funds provided shall be available for activities that are 

22 not fully reimbursed by other Federal Government depart23 ments or agencies unless authorized by section 17 of such 

24 Act: Provided further, That upon termination of a feder25 ally mandated vendor moratorium and subject to terms 

March 21, 2018 (6:08 p.m.)
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1 and conditions established by the Secretary, the Secretary 

2 may waive the requirement at 7 CFR 246.12(g)(6) at the 

3 request of a State agency. 

4 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

5 For necessary expenses to carry out the Food and 

6 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 

7 $74,013,499,000, of which $3,000,000,000, to remain 

8 available through December 31, 2019, shall be placed in 

9 reserve for use only in such amounts and at such times 

10 as may become necessary to carry out program operations: 

11 Provided, That funds provided herein shall be expended 

12 in accordance with section 16 of the Food and Nutrition 

13 Act of 2008: Provided further, That of the funds made 

14 available under this heading, $998,000 may be used to 

15 provide nutrition education services to State agencies and 

16 Federally Recognized Tribes participating in the Food 

17 Distribution Program on Indian Reservations: Provided 

18 further, That this appropriation shall be subject to any 

19 work registration or workfare requirements as may be re20 quired by law: Provided further, That funds made available 

21 for Employment and Training under this heading shall re22 main available through September 30, 2019: Provided fur23 ther, That funds made available under this heading for 

24 section 28(d)(1), section 4(b), and section 27(a) of the 

25 Food and Nutrition Act of 2008 shall remain available 

March 21, 2018 (6:08 p.m.)
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1 through September 30, 2019: Provided further, That none 

2 of the funds made available under this heading may be 

3 obligated or expended in contravention of section 213A of 

4 the Immigration and Nationality Act (8 U.S.C. 1183A): 

5 Provided further, That funds made available under this 

6 heading may be used to enter into contracts and employ 

7 staff to conduct studies, evaluations, or to conduct activi8 ties related to program integrity provided that such activi9 ties are authorized by the Food and Nutrition Act of 2008. 

10 COMMODITY ASSISTANCE PROGRAM

11 For necessary expenses to carry out disaster assist12 ance and the Commodity Supplemental Food Program as 

13 authorized by section 4(a) of the Agriculture and Con14 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 

15 Emergency Food Assistance Act of 1983; special assist16 ance for the nuclear affected islands, as authorized by sec17 tion 103(f)(2) of the Compact of Free Association Amend18 ments Act of 2003 (Public Law 108–188); and the Farm19 ers’ Market Nutrition Program, as authorized by section 

20 17(m) of the Child Nutrition Act of 1966, $322,139,000, 

21 to remain available through September 30, 2019: Pro22 vided, That none of these funds shall be available to reim23 burse the Commodity Credit Corporation for commodities 

24 donated to the program: Provided further, That notwith25 standing any other provision of law, effective with funds 

March 21, 2018 (6:08 p.m.)
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1 made available in fiscal year 2018 to support the Seniors 

2 Farmers’ Market Nutrition Program, as authorized by 

3 section 4402 of the Farm Security and Rural Investment 

4 Act of 2002, such funds shall remain available through 

5 September 30, 2019: Provided further, That of the funds 

6 made available under section 27(a) of the Food and Nutri7 tion Act of 2008 (7 U.S.C. 2036(a)), the Secretary may 

8 use up to 15 percent for costs associated with the distribu9 tion of commodities. 

10 NUTRITION PROGRAMS ADMINISTRATION

11 For necessary administrative expenses of the Food 

12 and Nutrition Service for carrying out any domestic nutri13 tion assistance program, $153,841,000: Provided, That of 

14 the funds provided herein, $2,000,000 shall be used for 

15 the purposes of section 4404 of Public Law 107–171, as 

16 amended by section 4401 of Public Law 110–246. 

March 21, 2018 (6:08 p.m.)
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1 TITLE V 

2 FOREIGN ASSISTANCE AND RELATED 

3 PROGRAMS 

4 OFFICE OF THE UNDER SECRETARY FOR TRADE AND

5 FOREIGN AGRICULTURAL AFFAIRS

6 For necessary expenses of the Office of the Under 

7 Secretary for Trade and Foreign Agricultural Affairs, 

8 $875,000: Provided, That funds made available by this 

9 Act to any agency in the Trade and Foreign Agricultural 

10 Affairs mission area for salaries and expenses are avail11 able to fund up to one administrative support staff for 

12 the Office. 

13 OFFICE OF CODEX ALIMENTARIUS

14 For necessary expenses of the Office of Codex 

15 Alimentarius, $3,796,000. 

16 FOREIGN AGRICULTURAL SERVICE

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses of the Foreign Agricultural 

20 Service, including not to exceed $250,000 for representa21 tion allowances and for expenses pursuant to section 8 of 

22 the Act approved August 3, 1956 (7 U.S.C. 1766), 

23 $199,666,000, of which no more than 6 percent shall re24 main available until September 30, 2019, for overseas op25 erations to include the payment of locally employed staff: 

March 21, 2018 (6:08 p.m.)
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1 Provided, That the Service may utilize advances of funds, 

2 or reimburse this appropriation for expenditures made on 

3 behalf of Federal agencies, public and private organiza4 tions and institutions under agreements executed pursu5 ant to the agricultural food production assistance pro6 grams (7 U.S.C. 1737) and the foreign assistance pro7 grams of the United States Agency for International De8 velopment: Provided further, That funds made available 

9 for middle-income country training programs, funds made 

10 available for the Borlaug International Agricultural 

11 Science and Technology Fellowship program, and up to 

12 $2,000,000 of the Foreign Agricultural Service appropria13 tion solely for the purpose of offsetting fluctuations in 

14 international currency exchange rates, subject to docu15 mentation by the Foreign Agricultural Service, shall re16 main available until expended. 

17 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD

18 FOR PROGRESS PROGRAM ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

20 For administrative expenses to carry out the credit 

21 program of title I, Food for Peace Act (Public Law 83– 

22 480) and the Food for Progress Act of 1985, $149,000, 

23 shall be transferred to and merged with the appropriation 

24 for ‘‘Farm Service Agency, Salaries and Expenses’’. 

March 21, 2018 (6:08 p.m.)
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1 FOOD FOR PEACE TITLE II GRANTS

2 For expenses during the current fiscal year, not oth3 erwise recoverable, and unrecovered prior years’ costs, in4 cluding interest thereon, under the Food for Peace Act 

5 (Public Law 83–480), for commodities supplied in connec6 tion with dispositions abroad under title II of said Act, 

7 $1,600,000,000, to remain available until expended: Pro8 vided, That the Administrator of the United States Agen9 cy for International Development shall in each instance 

10 notify in writing the Committees on Appropriations of 

11 both Houses of Congress, the Committee on Agriculture 

12 of the House, the Committee on Foreign Relations of the 

13 Senate, the Committee on Foreign Affairs of the House, 

14 and the Committee on Agriculture, Nutrition, and For15 estry of the Senate and make publicly available online the 

16 amount and use of authority in section 202(a) of the Food 

17 for Peace Act (7 U.S.C. 1722(a)) to notwithstand the min18 imum level of nonemergency assistance required by section 

19 412(e)(2) of the Food for Peace Act (7 U.S.C. 

20 1736f(e)(2)) not later than 15 days after the date of such 

21 action. 

22 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

23 AND CHILD NUTRITION PROGRAM GRANTS

24 For necessary expenses to carry out the provisions 

25 of section 3107 of the Farm Security and Rural InvestMarch 21, 2018 (6:08 p.m.)
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1 ment Act of 2002 (7 U.S.C. 1736o–1), $207,626,000, to 

2 remain available until expended, of which $1,000,000 is 

3 for the use of recently developed potable water tech4 nologies in school feeding projects: Provided, That the 

5 Commodity Credit Corporation is authorized to provide 

6 the services, facilities, and authorities for the purpose of 

7 implementing such section, subject to reimbursement from 

8 amounts provided herein: Provided further, That of the 

9 amount made available under this heading, $10,000,000, 

10 shall remain available until expended for necessary ex11 penses to carry out the provisions of section 3207 of the 

12 Agricultural Act of 2014 (7 U.S.C. 1726c). 

13 COMMODITY CREDIT CORPORATION EXPORT (LOANS)

14 CREDIT GUARANTEE PROGRAM ACCOUNT

15 (INCLUDING TRANSFERS OF FUNDS)

16 For administrative expenses to carry out the Com17 modity Credit Corporation’s Export Guarantee Program, 

18 GSM 102 and GSM 103, $8,845,000; to cover common 

19 overhead expenses as permitted by section 11 of the Com20 modity Credit Corporation Charter Act and in conformity 

21 with the Federal Credit Reform Act of 1990, of which 

22 $6,382,000 shall be transferred to and merged with the 

23 appropriation for ‘‘Foreign Agricultural Service, Salaries 

24 and Expenses’’, and of which $2,463,000 shall be transMarch 21, 2018 (6:08 p.m.)
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1 ferred to and merged with the appropriation for ‘‘Farm 

2 Service Agency, Salaries and Expenses’’. 

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1 TITLE VI 

2 RELATED AGENCIES AND FOOD AND DRUG 

3 ADMINISTRATION 

4 DEPARTMENT OF HEALTH AND HUMAN SERVICES

5 FOOD AND DRUG ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Food and Drug Ad8 ministration, including hire and purchase of passenger 

9 motor vehicles; for payment of space rental and related 

10 costs pursuant to Public Law 92–313 for programs and 

11 activities of the Food and Drug Administration which are 

12 included in this Act; for rental of special purpose space 

13 in the District of Columbia or elsewhere; in addition to 

14 amounts appropriated to the FDA Innovation Account, for 

15 carrying out the activities described in section 1002(b)(4) 

16 of the 21st Century Cures Act (Public Law 114–255); for 

17 miscellaneous and emergency expenses of enforcement ac18 tivities, authorized and approved by the Secretary and to 

19 be accounted for solely on the Secretary’s certificate, not 

20 to exceed $25,000; and notwithstanding section 521 of 

21 Public Law 107–188; $5,138,041,000: Provided, That of 

22 the amount provided under this heading, $911,346,000 

23 shall be derived from prescription drug user fees author24 ized by 21 U.S.C. 379h, and shall be credited to this ac25 count and remain available until expended; $193,291,000 

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1 shall be derived from medical device user fees authorized 

2 by 21 U.S.C. 379j, and shall be credited to this account 

3 and remain available until expended; $493,600,000 shall 

4 be derived from human generic drug user fees authorized 

5 by 21 U.S.C. 379j–42, and shall be credited to this ac6 count and remain available until expended; $40,214,000 

7 shall be derived from biosimilar biological product user 

8 fees authorized by 21 U.S.C. 379j–52, and shall be cred9 ited to this account and remain available until expended; 

10 $18,093,000 shall be derived from animal drug user fees 

11 authorized by 21 U.S.C. 379j–12, and shall be credited 

12 to this account and remain available until expended; 

13 $9,419,000 shall be derived from generic new animal drug 

14 user fees authorized by 21 U.S.C. 379j–21, and shall be 

15 credited to this account and remain available until ex16 pended; $672,000,000 shall be derived from tobacco prod17 uct user fees authorized by 21 U.S.C. 387s, and shall be 

18 credited to this account and remain available until ex19 pended: Provided further, That in addition to and notwith20 standing any other provision under this heading, amounts 

21 collected for prescription drug user fees, medical device 

22 user fees, human generic drug user fees, biosimilar biologi23 cal product user fees, animal drug user fees, and generic 

24 new animal drug user fees that exceed the respective fiscal 

25 year 2018 limitations are appropriated and shall be credMarch 21, 2018 (6:08 p.m.)
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1 ited to this account and remain available until expended: 

2 Provided further, That fees derived from prescription drug, 

3 medical device, human generic drug, biosimilar biological 

4 product, animal drug, and generic new animal drug as5 sessments for fiscal year 2018, including any such fees 

6 collected prior to fiscal year 2018 but credited for fiscal 

7 year 2018, shall be subject to the fiscal year 2018 limita8 tions: Provided further, That the Secretary may accept 

9 payment during fiscal year 2018 of user fees specified 

10 under this heading and authorized for fiscal year 2019, 

11 prior to the due date for such fees, and that amounts of 

12 such fees assessed for fiscal year 2019 for which the Sec13 retary accepts payment in fiscal year 2018 shall not be 

14 included in amounts under this heading: Provided further, 

15 That none of these funds shall be used to develop, estab16 lish, or operate any program of user fees authorized by 

17 31 U.S.C. 9701: Provided further, That of the total 

18 amount appropriated: (1) $1,041,615,000 shall be for the 

19 Center for Food Safety and Applied Nutrition and related 

20 field activities in the Office of Regulatory Affairs; (2) 

21 $1,617,881,000 shall be for the Center for Drug Evalua22 tion and Research and related field activities in the Office 

23 of Regulatory Affairs; (3) $359,614,000 shall be for the 

24 Center for Biologics Evaluation and Research and for re25 lated field activities in the Office of Regulatory Affairs; 

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1 (4) $197,252,000 shall be for the Center for Veterinary 

2 Medicine and for related field activities in the Office of 

3 Regulatory Affairs; (5) $487,197,000 shall be for the Cen4 ter for Devices and Radiological Health and for related 

5 field activities in the Office of Regulatory Affairs; (6) 

6 $63,331,000 shall be for the National Center for Toxi7 cological Research; (7) $625,646,000 shall be for the Cen8 ter for Tobacco Products and for related field activities 

9 in the Office of Regulatory Affairs; (8) not to exceed 

10 $172,003,000 shall be for Rent and Related activities, of 

11 which $50,559,000 is for White Oak Consolidation, other 

12 than the amounts paid to the General Services Adminis13 tration for rent; (9) not to exceed $237,671,000 shall be 

14 for payments to the General Services Administration for 

15 rent; and (10) $335,831,000 shall be for other activities, 

16 including the Office of the Commissioner of Food and 

17 Drugs, the Office of Foods and Veterinary Medicine, the 

18 Office of Medical and Tobacco Products, the Office of 

19 Global and Regulatory Policy, the Office of Operations, 

20 the Office of the Chief Scientist, and central services for 

21 these offices: Provided further, That not to exceed $25,000 

22 of this amount shall be for official reception and represen23 tation expenses, not otherwise provided for, as determined 

24 by the Commissioner: Provided further, That any transfer 

25 of funds pursuant to section 770(n) of the Federal Food, 

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1 Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only 

2 be from amounts made available under this heading for 

3 other activities: Provided further, That of the amounts 

4 that are made available under this heading for ‘‘other ac5 tivities’’, and that are not derived from user fees, 

6 $1,500,000 shall be transferred to and merged with the 

7 appropriation for ‘‘Department of Health and Human 

8 Services—Office of Inspector General’’ for oversight of the 

9 programs and operations of the Food and Drug Adminis10 tration and shall be in addition to funds otherwise made 

11 available for oversight of the Food and Drug Administra12 tion: Provided further, That of the total amount made 

13 available under this heading, $1,500,000 shall be used by 

14 the Commissioner of Food and Drugs, in coordination 

15 with the Secretary of Agriculture, for consumer outreach 

16 and education regarding agricultural biotechnology and 

17 biotechnology-derived food products and animal feed, in18 cluding through publication and distribution of science19 based educational information on the environmental, nu20 tritional, food safety, economic, and humanitarian impacts 

21 of such biotechnology, food products, and feed: Provided 

22 further, That funds may be transferred from one specified 

23 activity to another with the prior approval of the Commit24 tees on Appropriations of both Houses of Congress. 

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1 In addition, mammography user fees authorized by 

2 42 U.S.C. 263b, export certification user fees authorized 

3 by 21 U.S.C. 381, priority review user fees authorized by 

4 21 U.S.C. 360n and 360ff, food and feed recall fees, food 

5 reinspection fees, and voluntary qualified importer pro6 gram fees authorized by 21 U.S.C. 379j–31, outsourcing 

7 facility fees authorized by 21 U.S.C. 379j–62, prescription 

8 drug wholesale distributor licensing and inspection fees 

9 authorized by 21 U.S.C. 353(e)(3), third-party logistics 

10 provider licensing and inspection fees authorized by 21 

11 U.S.C. 360eee–3(c)(1), third-party auditor fees authorized 

12 by 21 U.S.C. 384d(c)(8), and medical countermeasure pri13 ority review voucher user fees authorized by 21 U.S.C. 

14 360bbb–4a, shall be credited to this account, to remain 

15 available until expended. 

16 BUILDINGS AND FACILITIES

17 For plans, construction, repair, improvement, exten18 sion, alteration, demolition, and purchase of fixed equip19 ment or facilities of or used by the Food and Drug Admin20 istration, where not otherwise provided, $11,788,000, to 

21 remain available until expended. 

22 FDA INNOVATION ACCOUNT, CURES ACT

23 For necessary expenses to carry out the purposes de24 scribed under section 1002(b)(4) of the 21st Century 

25 Cures Act, in addition to amounts available for such purMarch 21, 2018 (6:08 p.m.)
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1 poses under the heading ‘‘Salaries and Expenses’’, 

2 $60,000,000, to remain available until expended: Pro3 vided, That amounts appropriated in this paragraph are 

4 appropriated pursuant to section 1002(b)(3) of the 21st 

5 Century Cures Act, are to be derived from amounts trans6 ferred under section 1002(b)(2)(A) of such Act, and may 

7 be transferred by the Commissioner of Food and Drugs 

8 to the appropriation for ‘‘Department of Health and 

9 Human Services—Food and Drug Administration—Sala10 ries and Expenses’’ solely for the purposes provided in 

11 such Act: Provided further, That upon a determination by 

12 the Commissioner that funds transferred pursuant to the 

13 previous proviso are not necessary for the purposes pro14 vided, such amounts may be transferred back to the ac15 count: Provided further, That such transfer authority is 

16 in addition to any other transfer authority provided by 

17 law. 

18 INDEPENDENT AGENCIES 

19 COMMODITY FUTURES TRADING COMMISSION

20 For necessary expenses to carry out the provisions 

21 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in22 cluding the purchase and hire of passenger motor vehicles, 

23 and the rental of space (to include multiple year leases), 

24 in the District of Columbia and elsewhere, $249,000,000, 

25 including not to exceed $3,000 for official reception and 

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1 representation expenses, and not to exceed $25,000 for the 

2 expenses for consultations and meetings hosted by the 

3 Commission with foreign governmental and other regu4 latory officials, of which not less than $48,000,000, to re5 main available until September 30, 2019, shall be for the 

6 purchase of information technology and of which not less 

7 than $2,700,000 shall be for expenses of the Office of the 

8 Inspector General: Provided, That notwithstanding the 

9 limitations in 31 U.S.C. 1553, amounts provided under 

10 this heading are available for the liquidation of obligations 

11 equal to current year payments on leases entered into 

12 prior to the date of enactment of this Act: Provided fur13 ther, That for the purpose of recording and liquidating any 

14 lease obligations that should have been recorded and liq15 uidated against accounts closed pursuant to 31 U.S.C. 

16 1552, and consistent with the preceding proviso, such 

17 amounts shall be transferred to and recorded in a new 

18 no-year account in the Treasury, which may be established 

19 for the sole purpose of recording adjustments for and liq20 uidating such unpaid obligations: Provided further, That 

21 if any furlough or reduction-in-force of personnel at the 

22 Commission occurs as a result of an action under 5 U.S.C. 

23 7119, the Commission shall submit a report to the Com24 mittees on Appropriations of the House of Representatives 

25 and the Senate no later than 30 days after the furlough 

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1 or reduction-in-force occurs detailing the agency’s rea2 soning for conducting a furlough or reduction-in-force: 

3 Provided further, That in the report the Commission shall 

4 explain why the furlough or reduction-in-force was the 

5 only reasonable course of action in response to an action 

6 taken under 5 U.S.C. 7119: Provided further, That after 

7 the conclusion of any furlough or reduction-in-force of the 

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

9 7119, the Comptroller General shall submit to the Com10 mittees on Appropriations of the Senate and the House 

11 of Representatives a report that describes (1) the long12 term cost of any pay increases the Commission must make 

13 in response to an action taken under 5 U.S.C. 7119; and 

14 (2) the operational impact of the furlough or reduction15 in-force. 

16 FARM CREDIT ADMINISTRATION

17 LIMITATION ON ADMINISTRATIVE EXPENSES

18 Not to exceed $70,600,000 (from assessments col19 lected from farm credit institutions, including the Federal 

20 Agricultural Mortgage Corporation) shall be obligated 

21 during the current fiscal year for administrative expenses 

22 as authorized under 12 U.S.C. 2249: Provided, That this 

23 limitation shall not apply to expenses associated with re24 ceiverships: Provided further, That the agency may exceed 

25 this limitation by up to 10 percent with notification to the 

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1 Committees on Appropriations of both Houses of Con2 gress. 

March 21, 2018 (6:08 p.m.)
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1 TITLE VII 

2 GENERAL PROVISIONS 

3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

4 SEC. 701. Within the unit limit of cost fixed by law, 

5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this 

7 Act shall be available for the purchase, in addition to those 

8 specifically provided for, of not to exceed 71 passenger 

9 motor vehicles of which 68 shall be for replacement only, 

10 and for the hire of such vehicles: Provided, That notwith11 standing this section, the only purchase of new passenger 

12 vehicles shall be for those determined by the Secretary to 

13 be necessary for transportation safety, to reduce oper14 ational costs, and for the protection of life, property, and 

15 public safety. 

16 SEC. 702. Notwithstanding any other provision of 

17 this Act, the Secretary of Agriculture may transfer unobli18 gated balances of discretionary funds appropriated by this 

19 Act or any other available unobligated discretionary bal20 ances that are remaining available of the Department of 

21 Agriculture to the Working Capital Fund for the acquisi22 tion of plant and capital equipment necessary for the deliv23 ery of financial, administrative, and information tech24 nology services of primary benefit to the agencies of the 

25 Department of Agriculture, such transferred funds to reMarch 21, 2018 (6:08 p.m.)
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1 main available until expended: Provided, That none of the 

2 funds made available by this Act or any other Act shall 

3 be transferred to the Working Capital Fund without the 

4 prior approval of the agency administrator: Provided fur5 ther, That none of the funds transferred to the Working 

6 Capital Fund pursuant to this section shall be available 

7 for obligation without written notification to and the prior 

8 approval of the Committees on Appropriations of both 

9 Houses of Congress: Provided further, That none of the 

10 funds appropriated by this Act or made available to the 

11 Department’s Working Capital Fund shall be available for 

12 obligation or expenditure to make any changes to the De13 partment’s National Finance Center without written noti14 fication to and prior approval of the Committees on Ap15 propriations of both Houses of Congress as required by 

16 section 717 of this Act: Provided further, That none of 

17 the funds appropriated by this Act or made available to 

18 the Department’s Working Capital Fund shall be available 

19 for obligation or expenditure to initiate, plan, develop, im20 plement, or make any changes to remove or relocate any 

21 systems, missions, or functions of the offices of the Chief 

22 Financial Officer or any personnel from the National Fi23 nance Center prior to written notification to and prior ap24 proval of the Committee on Appropriations of both Houses 

25 of Congress and in accordance with the requirements of 

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1 section 717 of this Act: Provided further, That the Sec2 retary of Agriculture and the offices of the Chief Financial 

3 Officer shall actively market to existing and new Depart4 ments and other government agencies National Finance 

5 Center shared services including, but not limited to, pay6 roll, financial management, and human capital shared 

7 services and allow the National Finance Center to perform 

8 technology upgrades: Provided further, That of annual in9 come amounts in the Working Capital Fund of the De10 partment of Agriculture attributable to the amounts in ex11 cess of the true costs of the shared services provided by 

12 the National Finance Center and budgeted for the Na13 tional Finance Center, the Secretary shall reserve not 

14 more than 4 percent for the replacement or acquisition 

15 of capital equipment, including equipment for the improve16 ment, delivery, and implementation of financial, adminis17 trative, and information technology services, and other 

18 systems of the National Finance Center or to pay any un19 foreseen, extraordinary cost of the National Finance Cen20 ter: Provided further, That none of the amounts reserved 

21 shall be available for obligation unless the Secretary sub22 mits written notification of the obligation to the Commit23 tees on Appropriations of both Houses of Congress: Pro24 vided further, That the limitations on the obligation of 

25 funds pending notification to Congressional Committees 

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1 shall not apply to any obligation that, as determined by 

2 the Secretary, is necessary to respond to a declared state 

3 of emergency that significantly impacts the operations of 

4 the National Finance Center; or to evacuate employees of 

5 the National Finance Center to a safe haven to continue 

6 operations of the National Finance Center: Provided fur7 ther, That the Secretary of Agriculture shall conduct and 

8 submit a detailed cost benefit analysis to the Committees 

9 on Appropriations that includes a complete analysis of the 

10 National Finance Center data center and two other oper11 ationally comparable data centers in both size and com12 plexity in supported applications that details and provides: 

13 (1) the cost effectiveness of each center; (2) a security 

14 analysis of each center; and (3) each center’s Federal Risk 

15 and Authorization Management Program (FedRAMP) 

16 certifications status and the center’s demonstrated history 

17 record and ability for maintaining Continuity of Oper18 ations Plan (COOP) functions and not miss critical oper19 ations: Provided further, That the cost-benefit analysis 

20 shall be submitted no later than 90 days after enactment 

21 of this Act to the Committees on Appropriations: Provided 

22 further, That not later than 90 days after submission of 

23 the cost-benefit analysis, the Comptroller General of the 

24 United States shall submit to the Committees on Appro25 priations a sufficiency review of the cost-benefit analysis, 

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1 including any findings and recommendations relating to 

2 such review. 

3 SEC. 703. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 704. No funds appropriated by this Act may be 

7 used to pay negotiated indirect cost rates on cooperative 

8 agreements or similar arrangements between the United 

9 States Department of Agriculture and nonprofit institu10 tions in excess of 10 percent of the total direct cost of 

11 the agreement when the purpose of such cooperative ar12 rangements is to carry out programs of mutual interest 

13 between the two parties. This does not preclude appro14 priate payment of indirect costs on grants and contracts 

15 with such institutions when such indirect costs are com16 puted on a similar basis for all agencies for which appro17 priations are provided in this Act. 

18 SEC. 705. Appropriations to the Department of Agri19 culture for the cost of direct and guaranteed loans made 

20 available in the current fiscal year shall remain available 

21 until expended to disburse obligations made in the current 

22 fiscal year for the following accounts: the Rural Develop23 ment Loan Fund program account, the Rural Electrifica24 tion and Telecommunication Loans program account, and 

25 the Rural Housing Insurance Fund program account. 

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1 SEC. 706. None of the funds made available to the 

2 Department of Agriculture by this Act may be used to ac3 quire new information technology systems or significant 

4 upgrades, as determined by the Office of the Chief Infor5 mation Officer, without the approval of the Chief Informa6 tion Officer and the concurrence of the Executive Informa7 tion Technology Investment Review Board: Provided, That 

8 notwithstanding any other provision of law, none of the 

9 funds appropriated or otherwise made available by this 

10 Act may be transferred to the Office of the Chief Informa11 tion Officer without written notification to and the prior 

12 approval of the Committees on Appropriations of both 

13 Houses of Congress: Provided further, That, notwith14 standing section 11319 of title 40, United States Code, 

15 none of the funds available to the Department of Agri16 culture for information technology shall be obligated for 

17 projects, contracts, or other agreements over $25,000 

18 prior to receipt of written approval by the Chief Informa19 tion Officer: Provided further, That the Chief Information 

20 Officer may authorize an agency to obligate funds without 

21 written approval from the Chief Information Officer for 

22 projects, contracts, or other agreements up to $250,000 

23 based upon the performance of an agency measured 

24 against the performance plan requirements described in 

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1 the explanatory statement accompanying Public Law 113– 

2 235. 

3 SEC. 707. Funds made available under section 524(b) 

4 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in 

5 the current fiscal year shall remain available until ex6 pended to disburse obligations made in the current fiscal 

7 year. 

8 SEC. 708. Notwithstanding any other provision of 

9 law, any former RUS borrower that has repaid or prepaid 

10 an insured, direct or guaranteed loan under the Rural 

11 Electrification Act of 1936, or any not-for-profit utility 

12 that is eligible to receive an insured or direct loan under 

13 such Act, shall be eligible for assistance under section 

14 313(b)(2)(B) of such Act in the same manner as a bor15 rower under such Act. 

16 SEC. 709. Except as otherwise specifically provided 

17 by law, not more than $20,000,000 in unobligated bal18 ances from appropriations made available for salaries and 

19 expenses in this Act for the Farm Service Agency shall 

20 remain available through September 30, 2019, for infor21 mation technology expenses: Provided, That except as oth22 erwise specifically provided by law, unobligated balances 

23 from appropriations made available for salaries and ex24 penses in this Act for the Rural Development mission area 

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1 shall remain available through September 30, 2019, for 

2 information technology expenses. 

3 SEC. 710. None of the funds appropriated or other4 wise made available by this Act may be used for first-class 

5 travel by the employees of agencies funded by this Act in 

6 contravention of sections 301–10.122 through 301–10.124 

7 of title 41, Code of Federal Regulations. 

8 SEC. 711. In the case of each program established 

9 or amended by the Agricultural Act of 2014 (Public Law 

10 113–79), other than by title I or subtitle A of title III 

11 of such Act, or programs for which indefinite amounts 

12 were provided in that Act, that is authorized or required 

13 to be carried out using funds of the Commodity Credit 

14 Corporation— 

15 (1) such funds shall be available for salaries 

16 and related administrative expenses, including tech17 nical assistance, associated with the implementation 

18 of the program, without regard to the limitation on 

19 the total amount of allotments and fund transfers 

20 contained in section 11 of the Commodity Credit 

21 Corporation Charter Act (15 U.S.C. 714i); and 

22 (2) the use of such funds for such purpose shall 

23 not be considered to be a fund transfer or allotment 

24 for purposes of applying the limitation on the total 

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1 amount of allotments and fund transfers contained 

2 in such section. 

3 SEC. 712. Of the funds made available by this Act, 

4 not more than $2,000,000 shall be used to cover necessary 

5 expenses of activities related to all advisory committees, 

6 panels, commissions, and task forces of the Department 

7 of Agriculture, except for panels used to comply with nego8 tiated rule makings and panels used to evaluate competi9 tively awarded grants. 

10 SEC. 713. None of the funds in this Act shall be avail11 able to pay indirect costs charged against any agricultural 

12 research, education, or extension grant awards issued by 

13 the National Institute of Food and Agriculture that exceed 

14 30 percent of total Federal funds provided under each 

15 award: Provided, That notwithstanding section 1462 of 

16 the National Agricultural Research, Extension, and 

17 Teaching Policy Act of 1977 (7 U.S.C. 3310), funds pro18 vided by this Act for grants awarded competitively by the 

19 National Institute of Food and Agriculture shall be avail20 able to pay full allowable indirect costs for each grant 

21 awarded under section 9 of the Small Business Act (15 

22 U.S.C. 638). 

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

24 this Act may be used to maintain or establish a computer 

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1 network unless such network blocks the viewing, 

2 downloading, and exchanging of pornography. 

3 (b) Nothing in subsection (a) shall limit the use of 

4 funds necessary for any Federal, State, tribal, or local law 

5 enforcement agency or any other entity carrying out crimi6 nal investigations, prosecution, or adjudication activities. 

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

8 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this 

9 section referred to as ‘‘section 14222’’), none of the funds 

10 appropriated or otherwise made available by this or any 

11 other Act shall be used to pay the salaries and expenses 

12 of personnel to carry out a program under section 32 of 

13 the Act of August 24, 1935 (7 U.S.C. 612c; in this section 

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

15 (exclusive of carryover appropriations from prior fiscal 

16 years), as follows: Child Nutrition Programs Entitlement 

17 Commodities—$465,000,000; State Option Contracts— 

18 $5,000,000; Removal of Defective Commodities— 

19 $2,500,000; Administration of Section 32 Commodity 

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

21 funds made available in the matter preceding this proviso 

22 that remain unobligated on October 1, 2018, such unobli23 gated balances shall carryover into the next fiscal year and 

24 shall remain available until expended for any of the three 

25 stated purposes of section 32, except that any such carryMarch 21, 2018 (6:08 p.m.)
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1 over funds used in accordance with clause (3) of section 

2 32 may not exceed $350,000,000 and may not be obli3 gated until the Secretary of Agriculture provides written 

4 notification of the expenditures to the Committees on Ap5 propriations of both Houses of Congress at least two 

6 weeks in advance: Provided further, That, with the excep7 tion of any available carryover funds authorized in the 

8 first proviso of this section to be used for the purposes 

9 of clause (3) of section 32, none of the funds appropriated 

10 or otherwise made available by this or any other Act shall 

11 be used to pay the salaries or expenses of any employee 

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

13 of section 32. 

14 SEC. 716. None of the funds appropriated by this or 

15 any other Act shall be used to pay the salaries and ex16 penses of personnel who prepare or submit appropriations 

17 language as part of the President’s budget submission to 

18 the Congress for programs under the jurisdiction of the 

19 Appropriations Subcommittees on Agriculture, Rural De20 velopment, Food and Drug Administration, and Related 

21 Agencies that assumes revenues or reflects a reduction 

22 from the previous year due to user fees proposals that 

23 have not been enacted into law prior to the submission 

24 of the budget unless such budget submission identifies 

25 which additional spending reductions should occur in the 

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1 event the user fees proposals are not enacted prior to the 

2 date of the convening of a committee of conference for 

3 the fiscal year 2019 appropriations Act. 

4 SEC. 717. (a) None of the funds provided by this Act, 

5 or provided by previous appropriations Acts to the agen6 cies funded by this Act that remain available for obligation 

7 or expenditure in the current fiscal year, or provided from 

8 any accounts in the Treasury derived by the collection of 

9 fees available to the agencies funded by this Act, shall be 

10 available for obligation or expenditure through a re11 programming, transfer of funds, or reimbursements as au12 thorized by the Economy Act, or in the case of the Depart13 ment of Agriculture, through use of the authority provided 

14 by section 702(b) of the Department of Agriculture Or15 ganic Act of 1944 (7 U.S.C. 2257) or section 8 of Public 

16 Law 89–106 (7 U.S.C. 2263), that— 

17 (1) creates new programs; 

18 (2) eliminates a program, project, or activity; 

19 (3) increases funds or personnel by any means 

20 for any project or activity for which funds have been 

21 denied or restricted; 

22 (4) relocates an office or employees; 

23 (5) reorganizes offices, programs, or activities; 

24 or 

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1 (6) contracts out or privatizes any functions or 

2 activities presently performed by Federal employees; 

3 unless the Secretary of Agriculture, the Chairman of the 

4 Commodity Futures Trading Commission, or the Sec5 retary of Health and Human Services (as the case may 

6 be) notifies in writing and receives approval from the Com7 mittees on Appropriations of both Houses of Congress at 

8 least 30 days in advance of the reprogramming of such 

9 funds or the use of such authority. 

10 (b) None of the funds provided by this Act, or pro11 vided by previous Appropriations Acts to the agencies 

12 funded by this Act that remain available for obligation or 

13 expenditure in the current fiscal year, or provided from 

14 any accounts in the Treasury derived by the collection of 

15 fees available to the agencies funded by this Act, shall be 

16 available for obligation or expenditure for activities, pro17 grams, or projects through a reprogramming or use of the 

18 authorities referred to in subsection (a) involving funds 

19 in excess of $500,000 or 10 percent, whichever is less, 

20 that— 

21 (1) augments existing programs, projects, or ac22 tivities; 

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 

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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; unless the Secretary of Agri5 culture, the Chairman of the Commodity Futures 

6 Trading Commission, or the Secretary of Health and 

7 Human Services (as the case may be) notifies in 

8 writing and receives approval from the Committees 

9 on Appropriations of both Houses of Congress at 

10 least 30 days in advance of the reprogramming or 

11 transfer of such funds or the use of such authority. 

12 (c) The Secretary of Agriculture, the Chairman of the 

13 Commodity Futures Trading Commission, or the Sec14 retary of Health and Human Services shall notify in writ15 ing and receive approval from the Committees on Appro16 priations of both Houses of Congress before implementing 

17 any program or activity not carried out during the pre18 vious fiscal year unless the program or activity is funded 

19 by this Act or specifically funded by any other Act. 

20 (d) None of the funds provided by this Act, or pro21 vided by previous Appropriations Acts to the agencies 

22 funded by this Act that remain available for obligation or 

23 expenditure in the current fiscal year, or provided from 

24 any accounts in the Treasury derived by the collection of 

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1 fees available to the agencies funded by this Act, shall be 

2 available for— 

3 (1) modifying major capital investments fund4 ing levels, including information technology systems, 

5 that involves increasing or decreasing funds in the 

6 current fiscal year for the individual investment in 

7 excess of $500,000 or 10 percent of the total cost, 

8 whichever is less; 

9 (2) realigning or reorganizing new, current, or 

10 vacant positions or agency activities or functions to 

11 establish a center, office, branch, or similar entity 

12 with five or more personnel; or 

13 (3) carrying out activities or functions that 

14 were not described in the budget request; unless the 

15 agencies funded by this Act notify, in writing, the 

16 Committees on Appropriations of both Houses of 

17 Congress at least 30 days in advance of using the 

18 funds for these purposes. 

19 (e) As described in this section, no funds may be used 

20 for any activities unless the Secretary of Agriculture, the 

21 Chairman of the Commodity Futures Trading Commis22 sion, or the Secretary of Health and Human Services re23 ceives from the Committee on Appropriations of both 

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1 tion of receipt of the notification as required in this sec2 tion. 

3 SEC. 718. Notwithstanding section 310B(g)(5) of the 

4 Consolidated Farm and Rural Development Act (7 U.S.C. 

5 1932(g)(5)), the Secretary may assess a one-time fee for 

6 any guaranteed business and industry loan in an amount 

7 that does not exceed 3 percent of the guaranteed principal 

8 portion of the loan. 

9 SEC. 719. None of the funds appropriated or other10 wise made available to the Department of Agriculture, the 

11 Food and Drug Administration, the Commodity Futures 

12 Trading Commission, or the Farm Credit Administration 

13 shall be used to transmit or otherwise make available re14 ports, questions, or responses to questions that are a re15 sult of information requested for the appropriations hear16 ing process to any non-Department of Agriculture, non17 Department of Health and Human Services, non-Com18 modity Futures Trading Commission, or non-Farm Credit 

19 Administration employee. 

20 SEC. 720. Unless otherwise authorized by existing 

21 law, none of the funds provided in this Act, may be used 

22 by an executive branch agency to produce any pre23 packaged news story intended for broadcast or distribution 

24 in the United States unless the story includes a clear noti25 fication within the text or audio of the prepackaged news 

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1 story that the prepackaged news story was prepared or 

2 funded by that executive branch agency. 

3 SEC. 721. No employee of the Department of Agri4 culture may be detailed or assigned from an agency or 

5 office funded by this Act or any other Act to any other 

6 agency or office of the Department for more than 60 days 

7 in a fiscal year unless the individual’s employing agency 

8 or office is fully reimbursed by the receiving agency or 

9 office for the salary and expenses of the employee for the 

10 period of assignment. 

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

12 Treasury of the United States a Working Capital Fund 

13 (the Fund) to be administered by the Food and Drug Ad14 ministration (FDA), without fiscal year limitation, for the 

15 payment of salaries, travel, and other expenses necessary 

16 to the maintenance and operation of (1) a supply service 

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

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

19 blank forms, for which stocks may be maintained to meet, 

20 in whole or in part, the needs of the FDA and requisitions 

21 of other Government Offices, and (2) such other services 

22 as the Commissioner of the FDA, subject to review by the 

23 Secretary of Health and Human Services, determines may 

24 be performed more advantageously as central services. The 

25 Fund shall be reimbursed from applicable discretionary reMarch 21, 2018 (6:08 p.m.)
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1 sources, notwithstanding any otherwise applicable purpose 

2 limitations, available when services are performed or stock 

3 furnished, or in advance, on a basis of rates which shall 

4 include estimated or actual charges for personal services, 

5 materials, equipment, information technology, and other 

6 expenses. Charges for equipment and information tech7 nology shall include costs associated with maintenance, re8 pair, and depreciation (including improvement and re9 placement). 

10 (b) Of any discretionary resources appropriated in 

11 this Act for fiscal year 2018 for ‘‘Department of Health 

12 and Human Services, Food and Drug Administration, Sal13 aries and Expenses’’, not to exceed $5,000,000 of amounts 

14 available as of September 30 may be transferred to and 

15 merged with the Fund established under subsection (a), 

16 notwithstanding any otherwise applicable purpose limita17 tions. 

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

19 section that are designated by the Congress as an emer20 gency requirement pursuant to a concurrent resolution on 

21 the budget or the Balanced Budget and Emergency Def22 icit Control Act of 1985. 

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

24 enactment of this Act, the Secretary of Agriculture, the 

25 Commissioner of the Food and Drug Administration, the 

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1 Chairman of the Commodity Futures Trading Commis2 sion, and the Chairman of the Farm Credit Administra3 tion shall submit to the Committees on Appropriations of 

4 both Houses of Congress a detailed spending plan by pro5 gram, project, and activity for all the funds made available 

6 under this Act including appropriated user fees, as defined 

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

8 matter preceding division A of this consolidated Act). 

9 SEC. 724. Of the unobligated balances from amounts 

10 made available for the supplemental nutrition program as 

11 authorized by section 17 of the Child Nutrition Act of 

12 1966 (42 U.S.C. 1786), $800,000,000 are hereby re13 scinded. 

14 SEC. 725. The Secretary shall continue an inter15 mediary loan packaging program based on the pilot pro16 gram in effect for fiscal year 2013 for packaging and re17 viewing section 502 single family direct loans. The Sec18 retary shall continue agreements with current inter19 mediary organizations and with additional qualified inter20 mediary organizations. The Secretary shall work with 

21 these organizations to increase effectiveness of the section 

22 502 single family direct loan program in rural commu23 nities and shall set aside and make available from the na24 tional reserve section 502 loans an amount necessary to 

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1 support the work of such intermediaries and provide a pri2 ority for review of such loans. 

3 SEC. 726. For loans and loan guarantees that do not 

4 require budget authority and the program level has been 

5 established in this Act, the Secretary of Agriculture may 

6 increase the program level for such loans and loan guaran7 tees by not more than 25 percent: Provided, That prior 

8 to the Secretary implementing such an increase, the Sec9 retary notifies, in writing, the Committees on Appropria10 tions of both Houses of Congress at least 15 days in ad11 vance. 

12 SEC. 727. None of the credit card refunds or rebates 

13 transferred to the Working Capital Fund pursuant to sec14 tion 729 of the Agriculture, Rural Development, Food and 

15 Drug Administration, and Related Agencies Appropria16 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) 

17 shall be available for obligation without written notifica18 tion to, and the prior approval of, the Committees on Ap19 propriations of both Houses of Congress: Provided, That 

20 the refunds or rebates so transferred shall be available for 

21 obligation only for the acquisition of plant and capital 

22 equipment necessary for the delivery of financial, adminis23 trative, and information technology services of primary 

24 benefit to the agencies of the Department of Agriculture. 

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1 SEC. 728. None of the funds made available by this 

2 Act may be used to implement, administer, or enforce the 

3 ‘‘variety’’ requirements of the final rule entitled ‘‘Enhanc4 ing Retailer Standards in the Supplemental Nutrition As5 sistance Program (SNAP)’’ published by the Department 

6 of Agriculture in the Federal Register on December 15, 

7 2016 (81 Fed. Reg. 90675) until the Secretary of Agri8 culture amends the definition of the term ‘‘variety’’ as de 

9 fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Fed10 eral Regulations, and ‘‘variety’’ as applied in the definition 

11 of the term ‘‘staple food’’ as defined in section 271.2 of 

12 title 7, Code of Federal Regulations, to increase the num13 ber of items that qualify as acceptable varieties in each 

14 staple food category so that the total number of such items 

15 in each staple food category exceeds the number of such 

16 items in each staple food category included in the final 

17 rule as published on December 15, 2016: Provided, That 

18 until the Secretary promulgates such regulatory amend19 ments, the Secretary shall apply the requirements regard20 ing acceptable varieties and breadth of stock to Supple21 mental Nutrition Assistance Program retailers that were 

22 in effect on the day before the date of the enactment of 

23 the Agricultural Act of 2014 (Public Law 113–79). 

24 SEC. 729. None of the funds made available by this 

25 Act or any other Act may be used— 

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1 (1) in contravention of section 7606 of the Ag2 ricultural Act of 2014 (7 U.S.C. 5940); or 

3 (2) to prohibit the transportation, processing, 

4 sale, or use of industrial hemp, or seeds of such 

5 plant, that is grown or cultivated in accordance with 

6 subsection section 7606 of the Agricultural Act of 

7 2014, within or outside the State in which the indus8 trial hemp is grown or cultivated. 

9 SEC. 730. Funds provided by this or any prior Appro10 priations Act for the Agriculture and Food Research Ini11 tiative under 7 U.S.C. 450i(b) shall be made available 

12 without regard to section 7128 of the Agricultural Act of 

13 2014 (7 U.S.C. 3371 note), under the matching require14 ments in laws in effect on the date before the date of en15 actment of such section: Provided, That the requirements 

16 of 7 U.S.C. 450i(b)(9) shall continue to apply. 

17 SEC. 731. For tree assistance payments under section 

18 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 

19 9081(e)) to eligible orchardists or nursery tree growers (as 

20 defined in such section) of pecan trees with a tree mor21 tality rate that exceeds 7.5 percent (adjusted for normal 

22 mortality) and is less than 15 percent (adjusted for nor23 mal mortality), $15,000,000, to be available until ex24 pended, for losses incurred during the period beginning 

25 January 1, 2017 and ending December 31, 2017. 

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1 SEC. 732. In carrying out subsection (h) of section 

2 502 of the Housing Act of 1949 (42 U.S.C. 1472), the 

3 Secretary of Agriculture shall have the same authority 

4 with respect to loans guaranteed under such section and 

5 eligible lenders for such loans as the Secretary has under 

6 subsections (h) and (j) of section 538 of such Act (42 

7 U.S.C. 1490p–2) with respect to loans guaranteed under 

8 such section 538 and eligible lenders for such loans. 

9 SEC. 733. None of the funds made available by this 

10 Act may be used to propose, promulgate, or implement 

11 any rule, or take any other action with respect to, allowing 

12 or requiring information intended for a prescribing health 

13 care professional, in the case of a drug or biological prod14 uct subject to section 503(b)(1) of the Federal Food, 

15 Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be dis16 tributed to such professional electronically (in lieu of in 

17 paper form) unless and until a Federal law is enacted to 

18 allow or require such distribution. 

19 SEC. 734. None of the funds made available by this 

20 Act may be used to notify a sponsor or otherwise acknowl21 edge receipt of a submission for an exemption for inves22 tigational use of a drug or biological product under section 

23 505(i) of the Federal Food, Drug, and Cosmetic Act (21 

24 U.S.C. 355(i)) or section 351(a)(3) of the Public Health 

25 Service Act (42 U.S.C. 262(a)(3)) in research in which 

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1 a human embryo is intentionally created or modified to 

2 include a heritable genetic modification. Any such submis3 sion shall be deemed to have not been received by the Sec4 retary, and the exemption may not go into effect. 

5 SEC. 735. None of the funds made available by this 

6 or any other Act may be used to carry out the final rule 

7 promulgated by the Food and Drug Administration and 

8 put into effect November 16, 2015, in regards to the haz9 ard analysis and risk-based preventive control require10 ments of the current good manufacturing practice, hazard 

11 analysis, and risk-based preventive controls for food for 

12 animals rule with respect to the regulation of the produc13 tion, distribution, sale, or receipt of dried spent grain by14 products of the alcoholic beverage production process. 

15 SEC. 736. Funds made available under title II of the 

16 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be 

17 used to provide assistance to recipient nations if adequate 

18 monitoring and controls, as determined by the Adminis19 trator, are in place to ensure that emergency food aid is 

20 received by the intended beneficiaries in areas affected by 

21 food shortages and not diverted for unauthorized or inap22 propriate purposes. 

23 SEC. 737. There is hereby appropriated $1,996,000 

24 to carry out section 1621 of Public Law 110–246. 

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1 SEC. 738. No partially hydrogenated oils as defined 

2 in the order published by the Food and Drug Administra3 tion in the Federal Register on June 17, 2015 (80 Fed. 

4 Reg. 34650 et seq.) shall be deemed unsafe within the 

5 meaning of section 409(a) of the Federal Food, Drug, and 

6 Cosmetic Act (21 U.S.C. 348(a)) and no food that is intro7 duced or delivered for introduction into interstate com8 merce that bears or contains a partially hydrogenated oil 

9 shall be deemed adulterated under sections 402(a)(1) or 

10 402(a)(2)(C)(i) of this Act by virtue of bearing or con11 taining a partially hydrogenated oil until the compliance 

12 date as specified in such order (June 18, 2018). 

13 SEC. 739. For the cost of refinancing a loan pursuant 

14 to section 749 of division A of Public Law 115–31, and 

15 in addition to amounts provided by that section, for any 

16 borrower identified by the Federal Financing Bank for re17 financing a loan where the modification calculation meth18 odology used for such refinancing pursuant to section 185 

19 of Office of Management and Budget Circular No. A–11 

20 results in a cost to the pilot program, $5,000,000, to re21 main available until expended: Provided, That these funds 

22 shall also be available for refinancing a loan pursuant to 

23 any extension or expansion of this pilot program that is 

24 enacted subsequent to this Act for those same borrowers. 

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1 SEC. 740. None of the funds made available by this 

2 Act may be used by the Secretary of Agriculture, acting 

3 through the Food and Nutrition Service, to commence any 

4 new research and evaluation projects until the Secretary 

5 submits to the Committees on Appropriations of both 

6 Houses of Congress a research and evaluation plan for fis7 cal year 2018, prepared in coordination with the Research, 

8 Education, and Economics mission area of the Depart9 ment of Agriculture, and a period of 30 days beginning 

10 on the date of the submission of the plan expires to permit 

11 Congressional review of the plan. 

12 SEC. 741. There is hereby appropriated $8,000,000, 

13 to remain available until expended, to carry out section 

14 6407 of the Farm Security and Rural Investment Act of 

15 2002 (7 U.S.C. 8107a): Provided, That the Secretary may 

16 allow eligible entities to offer loans to customers in any 

17 part of their service territory and to offer loans to replace 

18 a manufactured housing unit with another manufactured 

19 housing unit, if replacement would be more cost effective 

20 in saving energy: Provided further, That funds provided 

21 in section 769 of division A, Public Law 115–31, shall 

22 remain available until September 30, 2019. 

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

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1 (1) conduct audits in a manner that evaluates 

2 the following factors in the country or region being 

3 audited, as applicable— 

4 (A) veterinary control and oversight; 

5 (B) disease history and vaccination prac6 tices; 

7 (C) livestock demographics and 

8 traceability; 

9 (D) epidemiological separation from poten10 tial sources of infection; 

11 (E) surveillance practices; 

12 (F) diagnostic laboratory capabilities; and 

13 (G) emergency preparedness and response; 

14 and 

15 (2) promptly make publicly available the final 

16 reports of any audits or reviews conducted pursuant 

17 to subsection (1). 

18 (b) This section shall be applied in a manner con19 sistent with United States obligations under its inter20 national trade agreements. 

21 SEC. 743. There is hereby appropriated $1,000,000 

22 for the Secretary to carry out a pilot program that pro23 vides forestry inventory analysis, forest management and 

24 economic outcomes modelling for certain currently en25 rolled Conservation Reserve Program participants. The 

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1 Secretary shall allow the Commodity Credit Corporation 

2 to enter into agreements with and provide grants to quali3 fied non-profit organizations dedicated to conservation, 

4 forestry and wildlife habitats, that also have experience in 

5 conducting accurate forest inventory analysis through the 

6 use of advanced, cost-effective technology. The Secretary 

7 shall focus the analysis on lands enrolled for at least eight 

8 years and located in areas with a substantial concentration 

9 of acres enrolled under conservation practices devoted to 

10 multiple bottomland hardwood tree species including 

11 CP03, CP03A, CP11, CP22, CP31 and CP40. 

12 SEC. 744. None of the funds made available by this 

13 Act may be used to carry out any activities or incur any 

14 expense related to the issuance of licenses under section 

15 3 of the Animal Welfare Act (7 U.S.C. 2133), or the re16 newal of such licenses, to class B dealers who sell dogs 

17 and cats for use in research, experiments, teaching, or 

18 testing. 

19 SEC. 745. In addition to amounts otherwise made 

20 available by this Act and notwithstanding the last sentence 

21 of 16 U.S.C. 1310, there is appropriated $4,000,000, to 

22 remain available until expended, to implement non-renew23 able agreements on eligible lands, including flooded agri24 cultural lands, as determined by the Secretary, under the 

25 Water Bank Act (16 U.S.C. 1301–1311). 

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1 SEC. 746. (a)(1) No Federal funds made available for 

2 this fiscal year for the rural water, waste water, waste dis3 posal, and solid waste management programs authorized 

4 by sections 306, 306A, 306C, 306D, 306E, and 310B of 

5 the Consolidated Farm and Rural Development Act (7 

6 U.S.C. 1926 et seq.) shall be used for a project for the 

7 construction, alteration, maintenance, or repair of a public 

8 water or wastewater system unless all of the iron and steel 

9 products used in the project are produced in the United 

10 States. 

11 (2) In this section, the term ‘‘iron and steel products’’ 

12 means the following products made primarily of iron or 

13 steel: lined or unlined pipes and fittings, manhole covers 

14 and other municipal castings, hydrants, tanks, flanges, 

15 pipe clamps and restraints, valves, structural steel, rein16 forced precast concrete, and construction materials. 

17 (b) Subsection (a) shall not apply in any case or cat18 egory of cases in which the Secretary of Agriculture (in 

19 this section referred to as the ‘‘Secretary’’) or the designee 

20 of the Secretary finds that— 

21 (1) applying subsection (a) would be incon22 sistent with the public interest; 

23 (2) iron and steel products are not produced in 

24 the United States in sufficient and reasonably avail25 able quantities or of a satisfactory quality; or 

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1 (3) inclusion of iron and steel products pro2 duced in the United States will increase the cost of 

3 the overall project by more than 25 percent. 

4 (c) If the Secretary or the designee receives a request 

5 for a waiver under this section, the Secretary or the des6 ignee shall make available to the public on an informal 

7 basis a copy of the request and information available to 

8 the Secretary or the designee concerning the request, and 

9 shall allow for informal public input on the request for 

10 at least 15 days prior to making a finding based on the 

11 request. The Secretary or the designee shall make the re12 quest and accompanying information available by elec13 tronic means, including on the official public Internet Web 

14 site of the Department. 

15 (d) This section shall be applied in a manner con16 sistent with United States obligations under international 

17 agreements. 

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

19 the funds appropriated in this Act for ‘‘Rural Utilities 

20 Service—Rural Water and Waste Disposal Program Ac21 count’’ for carrying out the provisions described in sub22 section (a)(1) for management and oversight of the re23 quirements of this section. 

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

25 project for which the engineering plans and specifications 

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1 include use of iron and steel products otherwise prohibited 

2 by such subsection if the plans and specifications have re3 ceived required approvals from State agencies prior to the 

4 date of enactment of this Act. 

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

6 States’’ and ‘‘State’’ shall include each of the several 

7 States, the District of Columbia, and each federally recog8 nized Indian tribe. 

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

10 Economic Area Partnership (REAP) Zones, until August 

11 15, 2018, an amount of funds made available in title III 

12 under the headings of Rural Housing Insurance Fund 

13 Program Account, Mutual and Self-Help Housing Grants, 

14 Rural Housing Assistance Grants, Rural Community Fa15 cilities Program Account, Rural Business Program Ac16 count, Rural Development Loan Fund Program Account, 

17 and Rural Water and Waste Disposal Program Account, 

18 equal to the amount obligated in REAP Zones with re19 spect to funds provided under such headings in the most 

20 recent fiscal year any such funds were obligated under 

21 such headings for REAP Zones. 

22 SEC. 748. For the purposes of determining eligibility 

23 or level of program assistance for Rural Development pro24 grams the Secretary shall not include incarcerated prison 

25 populations. 

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

2 to remain available until expended, for a pilot program 

3 for the Secretary to provide grants to qualified non-profit 

4 organizations and public housing authorities to provide 

5 technical assistance, including financial and legal services, 

6 to RHS multi-family housing borrowers to facilitate the 

7 acquisition of RHS multi-family housing properties in 

8 areas where the Secretary determines a risk of loss of af9 fordable housing, by non-profit housing organizations and 

10 public housing authorities as authorized by law that com11 mit to keep such properties in the RHS multi-family hous12 ing program for a period of time as determined by the 

13 Secretary. 

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

15 Act through fiscal year 2019, notwithstanding any other 

16 provision of law, any fee issued by the State’s Electronic 

17 Benefit Transfer contractor and subcontractors, including 

18 Affiliates of the contractor or subcontractor, related to the 

19 switching or routing of benefits for Department of Agri20 culture domestic food assistance programs shall be prohib21 ited: Provided, That for purposes of this provision, the 

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

23 interstate transaction that consists of transmitting the de24 tails of a transaction electronically recorded through the 

25 use of an electronic benefit transfer card in one State to 

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1 the issuer of the card that may be in the same or different 

2 State. 

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

4 may be used in any way, directly or indirectly, to influence 

5 congressional action on any legislation or appropriation 

6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 

8 1913. 

9 SEC. 752. (a) The Secretary of Agriculture (referred 

10 to in this section as the ‘‘Secretary’’) shall carry out a 

11 pilot program during fiscal year 2018 with respect to the 

12 2017 crop year for county-level agriculture risk coverage 

13 payments under section 1117(b)(1) of the Agricultural Act 

14 of 2014 (7 U.S.C. 9017(b)(1)), that provides all or some 

15 of the State Farm Service Agency offices in each State 

16 the opportunity to provide agricultural producers in the 

17 State a supplemental payment described in subsection (c) 

18 based on the alternate calculation method described in 

19 subsection (b) for 1 or more counties in a State if the 

20 office for that State determines that the alternate calcula21 tion method is necessary to ensure that, to the maximum 

22 extent practicable, there are not significant yield calcula23 tion disparities between comparable counties in the State. 

24 (b) The alternate calculation method referred to in 

25 subsection (a) is a method of calculating the actual yield 

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1 for the 2017 crop year for county-level agriculture risk 

2 coverage payments under section 1117(b)(1) of the Agri3 cultural Act of 2014 (7 U.S.C. 9017(b)(1)), under 

4 which— 

5 (1) county data of the National Agricultural 

6 Statistics Service (referred to in this section as 

7 ‘‘NASS data’’) is used for the calculations; 

8 (2) if there is insufficient NASS data for a 

9 county (as determined under standards of the Sec10 retary in effect as of the date of enactment of this 

11 Act) or the available NASS data produces a sub12 stantially disparate result, the calculation of the 

13 county yield is determined using comparable contig14 uous county NASS data as determined by the Farm 

15 Service Agency office in the applicable State; and 

16 (3) if there is insufficient NASS data for a 

17 comparable contiguous county (as determined under 

18 standards of the Secretary in effect as of the date 

19 of enactment of this Act), the calculation of the 

20 county yield is determined using reliable yield data 

21 from other sources, such as Risk Management Agen22 cy data, National Agricultural Statistics Service dis23 trict data, National Agricultural Statistics Service 

24 State yield data, or other data as determined by the 

25 Farm Service Agency office in the applicable State. 

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1 (c)(1) A supplemental payment made under the pilot 

2 program established under this section may be made to 

3 an agricultural producer who is subject to the alternate 

4 calculation method described in subsection (b) if that agri5 cultural producer would otherwise receive a county-level 

6 agriculture risk coverage payment for the 2017 crop year 

7 in an amount that is less than the payment that the agri8 cultural producer would receive under the alternate cal9 culation method. 

10 (2) The amount of a supplemental payment to an ag11 ricultural producer under this section may not exceed the 

12 difference between— 

13 (A) the payment that the agricultural producer 

14 would have received without the alternate calculation 

15 method described in subsection (b); and 

16 (B) the payment that the agricultural producer 

17 would receive using the alternate calculation method. 

18 (d)(1) There is appropriated to the Secretary, out of 

19 funds of the Treasury not otherwise appropriated, 

20 $5,000,000, to remain available until September 30, 2019, 

21 to carry out the pilot program described in this section. 

22 (2) Of the funds appropriated, the Secretary shall use 

23 not more than $5,000,000 to carry out the pilot program 

24 described in this section. 

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1 (e)(1) To the maximum extent practicable, the Sec2 retary shall select States to participate in the pilot pro3 gram under this section so the cost of the pilot program 

4 equals the amount provided under subsection (d). 

5 (2) To the extent that the cost of the pilot program 

6 exceeds the amount made available, the Secretary shall re7 duce all payments under the pilot program on a pro rata 

8 basis. 

9 (f) Nothing in this section affects the calculation of 

10 actual yield for purposes of county-level agriculture risk 

11 coverage payments under section 1117(b)(1) of the Agri12 cultural Act of 2014 (7 U.S.C. 9017(b)(1)) other than 

13 payments made in accordance with the pilot program 

14 under this section. 

15 (g) A calculation of actual yield made using the alter16 nate calculation method described in subsection (b) shall 

17 not be used as a basis for any agriculture risk coverage 

18 payment determinations under section 1117 of the Agri19 cultural Act of 2014 (7 U.S.C. 9017) other than for pur20 poses of the pilot program under this section. 

21 SEC. 753. For an additional amount for ‘‘National 

22 Institute of Food and Agriculture—Research and Edu23 cation Activities’’, $6,000,000, to be available until ex24 pended, for relocation expenses and for the alteration and 

25 repair of leased buildings and improvements pursuant to 

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1 7 U.S.C. 2250: Provided, That not later than 60 days 

2 after enactment of this Act, the Secretary of Agriculture 

3 shall submit a report to the Committees on Appropriations 

4 of the House of Representatives and the Senate detailing 

5 the planned uses of this funding. 

6 SEC. 754. The Secretary of Agriculture and the Sec7 retary’s designees are hereby granted the same access to 

8 information and subject to the same requirements applica9 ble to the Secretary of Housing and Urban Development 

10 as provided in section 453 of the Social Security Act (42 

11 U.S.C. 653) and section 6103(1)(7)(D)(ix) of the Internal 

12 Revenue Code of 1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to 

13 verify the income for individuals participating in sections 

14 502, 504, 521, and 524 of the Housing Act of 1949 (42 

15 U.S.C. 1972, 1474, 1490a, and 1490r), notwithstanding 

16 section 453(l)(1) of the Social Security Act. 

17 SEC. 755. In addition to amounts otherwise made 

18 available by this Act under the heading ‘‘Domestic Food 

19 Programs—Food and Nutrition Services—Child Nutrition 

20 Programs’’, there is appropriated $2,000,000, to remain 

21 available until September 30, 2019, to allow allied profes22 sional associations to develop a training program for 

23 school nutrition personnel that focuses on school food serv24 ice meal preparation and workforce development. 

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1 SEC. 756. None of the funds made available by this 

2 Act may be used to procure raw or processed poultry prod3 ucts imported into the United States from the People’s 

4 Republic of China for use in the school lunch program 

5 under the Richard B. Russell National School Lunch Act 

6 (42 U.S.C. 1751 et seq.), the Child and Adult Care Food 

7 Program under section 17 of such Act (42 U.S.C. 1766), 

8 the Summer Food Service Program for Children under 

9 section 13 of such Act (42 U.S.C. 1761), or the school 

10 breakfast program under the Child Nutrition Act of 1966 

11 (42 U.S.C. 1771 et seq.). 

12 SEC. 757. In response to an eligible community where 

13 the drinking water supplies are inadequate due to a nat14 ural disaster, as determined by the Secretary, including 

15 drought or severe weather, the Secretary may provide po16 table water through the Emergency Community Water As17 sistance Grant Program for an additional period of time 

18 not to exceed 120 days beyond the established period pro19 vided under the Program in order to protect public health. 

20 SEC. 758. Section 502(i) of the Housing Act of 1949 

21 (42 U.S.C. 1472(i)), is amended by striking paragraph (1) 

22 and inserting the following: 

23 ‘‘(1) AUTHORITY; MAXIMUM AMOUNT.—To the 

24 extent provided in advance in appropriations Acts, 

25 the Secretary may assess and collect a fee for a 

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1 lender to access the automated underwriting systems 

2 of the Department in connection with such lender’s 

3 participation in the single family loan program 

4 under this section and only in an amount necessary 

5 to cover the costs of information technology en6 hancements, improvements, maintenance, and devel7 opment for automated underwriting systems used in 

8 connection with the single family loan program 

9 under this section, except that such fee shall not ex10 ceed $50 per loan.’’. 

11 SEC. 759. Of the total amounts made available by 

12 this Act for direct loans and grants in the following head13 ings: ‘‘Rural Housing Service—Rural Housing Insurance 

14 Fund Program Account’’; ‘‘Rural Housing Service—Mu15 tual and Self-Help Housing Grants’’; ‘‘Rural Economic 

16 Infrastructure Grants’’; ‘‘Rural Housing Service—Rural 

17 Community Facilities Program Account’’; ‘‘Rural Busi18 ness-Cooperative Service—Rural Business Program Ac19 count’’; ‘‘Rural Business-Cooperative Service—Rural Eco20 nomic Development Loans Program Account’’; ‘‘Rural 

21 Business-Cooperative Service—Rural Cooperative Devel22 opment Grants’’; ‘‘Rural Utilities Service—Rural Water 

23 and Waste Disposal Program Account’’; and ‘‘Rural Utili24 ties Service—Rural Electrification and Telecommuni25 cations Loans Program Account’’, at least 10 percent of 

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1 the funds shall be allocated for assistance in persistent 

2 poverty counties under this section, including, notwith3 standing any other provision regarding population limits, 

4 any county seat of such a persistent poverty county that 

5 has a population that does not exceed the authorized popu6 lation limit by more than 10 percent: Provided, That for 

7 purposes of this section, the term ‘‘persistent poverty 

8 counties’’ means any county that has had 20 percent or 

9 more of its population living in poverty over the past 30 

10 years, as measured by the 1980, 1990, and 2000 decennial 

11 censuses, and 2007–2011 American Community Survey 5- 

12 year average: Provided further, That with respect to spe13 cific activities for which program levels have been made 

14 available by this Act that are not supported by budget au15 thority, the requirements of this section shall be applied 

16 to such program level. 

17 SEC. 760. (a) No funds shall be used to finalize the 

18 proposed rule entitled ‘‘Eligibility of the People’s Republic 

19 of China (PRC) to Export to the United States Poultry 

20 Products from Birds Slaughtered in the PRC’’ published 

21 in the Federal Register by the Department of Agriculture 

22 on June 16, 2017 (82 Fed. Reg. 27625), unless the Sec23 retary of Agriculture shall— 

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1 (1) ensure that the poultry slaughter inspection 

2 system for the PRC is equivalent to that of the 

3 United States; 

4 (2) ensure that, before any poultry products 

5 can enter the United States from any such poultry 

6 plant, such poultry products comply with all other 

7 applicable requirements for poultry products in 

8 interstate commerce in the United States; 

9 (3) conduct periodic verification reviews and au10 dits of any such plants in the PRC intending to ex11 port into the United States processed poultry prod12 ucts; 

13 (4) conduct re-inspection of such poultry prod14 ucts at United States ports-of-entry to check the 

15 general condition of such products, for the proper 

16 certification and labeling of such products, and for 

17 any damage to such products that may have oc18 curred during transportation; and 

19 (5) ensure that shipments of any such poultry 

20 products selected to enter the United States are sub21 ject to additional re-inspection procedures at appro22 priate levels to verify that the products comply with 

23 relevant Federal regulations or standards, including 

24 examinations for product defects and laboratory 

25 analyses to detect harmful chemical residues or 

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1 pathogen testing appropriate for the products in2 volved. 

3 (b) This section shall be applied in a manner con4 sistent with obligations of the United States under any 

5 trade agreement to which the United States is a party. 

6 SEC. 761. (a) Section 2 of the Watershed Protection 

7 and Flood Prevention Act (16 U.S.C. 1002) is amended 

8 in the matter following paragraph (3) by striking 

9 ‘‘$5,000,000’’ and inserting ‘‘$25,000,000’’. 

10 (b) Section 5 of the Watershed Protection and Flood 

11 Prevention Act (16 U.S.C. 1005) is amended— 

12 (1) in paragraph (3), by striking ‘‘$5,000,000’’ 

13 and inserting ‘‘$25,000,000’’; and 

14 (2) in paragraph (4), by striking ‘‘$5,000,000’’ 

15 and inserting ‘‘$25,000,000’’. 

16 SEC. 762. In addition to funds appropriated in this 

17 Act, there is hereby appropriated $116,000,000, to remain 

18 available until expended, under the heading ‘‘Food for 

19 Peace Title II Grants’’: Provided, That the funds made 

20 available under this section shall be used for the purposes 

21 set forth in the Food for Peace Act for both emergency 

22 and non-emergency purposes. 

23 SEC. 763. In addition to any other funds made avail24 able in this Act or any other Act, there is appropriated 

25 $5,000,000 to carry out section 18(g)(8) of the Richard 

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1 B. Russell National School Lunch Act (42 U.S.C. 

2 1769(g)), to remain available until expended. 

3 SEC. 764. None of the funds made available by this 

4 Act may be used by the Food and Drug Administration 

5 to develop, issue, promote, or advance any regulations ap6 plicable to food manufacturers for population-wide sodium 

7 reduction actions or to develop, issue, promote or advance 

8 final guidance applicable to food manufacturers for long 

9 term population-wide sodium reduction actions until the 

10 date on which a dietary reference intake report with re11 spect to sodium is completed. 

12 SEC. 765. Pursuant to section 185 of Public Law 

13 114–223 (as added by Public Law 114–254 (130 Stat. 

14 1018)), the Secretary of Agriculture may provide financial 

15 and technical assistance to remove and dispose of debris 

16 and sediment that could adversely affect health and safety 

17 on non-Federal land in a flood-affected county or parish: 

18 Provided, That such assistance may be used to restore pre19 disaster hydraulic capacity of the watershed: Provided fur20 ther, That such assistance may not be used to correct an 

21 operation and maintenance issue that existed prior to the 

22 disaster. 

23 SEC. 766. Section 1244 of the Food Security Act of 

24 1985 (16 U.S.C. 3844) is amended by adding at the end 

25 the following: 

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1 ‘‘(m) EXEMPTION FROM CERTAIN REPORTING RE2 QUIREMENTS.— 

3 ‘‘(1) DEFINITION OF EXEMPTED PRODUCER.— 

4 In this subsection, the term ‘exempted producer’ 

5 means a producer or landowner eligible to partici6 pate in any conservation program administered by 

7 the Secretary. 

8 ‘‘(2) EXEMPTION.—Notwithstanding the Fed9 eral Funding Accountability and Transparency Act 

10 of 2006 (Public Law 109–282; 31 U.S.C. 6101 

11 note), the requirements of parts 25 and 170 of title 

12 2, Code of Federal Regulations (and any successor 

13 regulations), shall not apply with respect to assist14 ance received by an exempted producer from the 

15 Secretary, acting through the Natural Resources 

16 Conservation Service.’’. 

17 SEC. 767. There is hereby appropriated $600,000 for 

18 the purposes of section 727 of division A of Public Law 

19 112–55. 

20 SEC. 768. None of the funds made available by this 

21 Act may be used in contravention of— 

22 (1) section 9(b)(10) of the Richard B. Russell 

23 National School Lunch Act (42 U.S.C. 

24 1758(b)(10)); or 

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1 (2) section 245.8 of title 7, Code of Federal 

2 Regulations. 

3 SEC. 769. There is hereby appropriated $1,000,000, 

4 to remain available until September 30, 2019, for the cost 

5 of loans and grants that is consistent with section 4206 

6 of the Agricultural Act of 2014, for necessary expenses 

7 of the Secretary to support projects that provide access 

8 to healthy food in underserved areas, to create and pre9 serve quality jobs, and to revitalize low-income commu10 nities. 

11 SEC. 770. During fiscal year 2018, the Food and 

12 Drug Administration shall not allow the introduction or 

13 delivery for introduction into interstate commerce of any 

14 food that contains genetically engineered salmon until the 

15 FDA publishes final labeling guidelines for informing con16 sumers of such content. 

17 SEC. 771. For an additional amount for ‘‘Animal and 

18 Plant Health Inspection Service—Salaries and Expenses’’, 

19 $7,500,000, to remain available until September 30, 2019, 

20 for one-time control and management and associated ac21 tivities directly related to the multiple-agency response to 

22 citrus greening. 

23 SEC. 772. (a) The Department of Agriculture Reor24 ganization Act of 1994 (7 U.S.C. 6931) is amended— 

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1 (1) by striking ‘‘Subtitle B—Farm and Foreign 

2 Agricultural Services’’ and inserting ‘‘Subtitle B— 

3 Farm Production and Conservation’’; and 

4 (2) by revising section 225 to read as follows: 

5 ‘‘SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR 

6 FARM PRODUCTION AND CONSERVATION. 

7 ‘‘(a) AUTHORIZATION.—The Secretary is authorized 

8 to establish in the Department the position of Under Sec9 retary of Agriculture for Farm Production and Conserva10 tion. 

11 ‘‘(b) CONFIRMATION REQUIRED.—If the Secretary 

12 establishes the position of Under Secretary of Agriculture 

13 for Farm Production and Conservation authorized under 

14 subsection (a), the Under Secretary shall be appointed by 

15 the President, by and with the advice and consent of the 

16 Senate. 

17 ‘‘(c) FUNCTIONS OF UNDERSECRETARY.—The Under 

18 Secretary of Agriculture for Farm Production and Con19 servation shall perform such functions and duties as the 

20 Secretary shall prescribe. 

21 ‘‘(d) SUCCESSION.—Any official who is serving as 

22 Under Secretary of Agriculture for Farm and Foreign Ag23 ricultural Services on the date of the enactment of this 

24 Act and who was appointed by the President, by and with 

25 the advice and consent of the Senate, shall not be required 

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1 to be reappointed under subsection (b) to the successor 

2 position authorized under subsection (a).’’. 

3 (b) Section 5314 of title 5, United States Code, is 

4 amended by striking ‘‘Under Secretary of Agriculture for 

5 Farm and Foreign Agricultural Services.’’ and inserting 

6 ‘‘Under Secretary of Agriculture for Farm Production and 

7 Conservation.’’ and ‘‘Under Secretary of Agriculture for 

8 Trade and Foreign Agricultural Affairs.’’. 

9 SEC. 773. None of the funds made available by this 

10 or any other Act may be used to enforce the final rule 

11 promulgated by the Food and Drug Administration enti12 tled ‘‘Standards for the Growing, Harvesting, Packing, 

13 and Holding of Produce for Human Consumption,’’ and 

14 published on November 27, 2015, with respect to the regu15 lation of the production, distribution, sale, or receipt of 

16 grape varietals that are grown, harvested and used solely 

17 for wine and receive commercial processing that ade18 quately reduces the presence of microorganisms of public 

19 health significance. 

20 SEC. 774. None of the funds made available by this 

21 Act may be used to revoke an exception made— 

22 (1) pursuant to the rule entitled ‘‘Exceptions to 

23 Geographic Areas for Official Agencies Under the 

24 USGSA’’ published by the Department of AgriMarch 21, 2018 (6:08 p.m.)
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1 culture in the Federal Register on April 18, 2003 

2 (68 Fed. Reg. 19137, 19139); and 

3 (2) on a date before April 14, 2017. 

4 SEC. 775. There is hereby appropriated $20,000,000, 

5 to remain available until expended, for an additional 

6 amount for telemedicine and distance learning services in 

7 rural areas, as authorized by 7 U.S.C 950aaa et seq., to 

8 help address the opioid epidemic in rural America. 

9 SEC. 776. For school year 2018–2019, only a school 

10 food authority that had a negative balance in the nonprofit 

11 school food service account as of January 31, 2018, shall 

12 be required to establish a price for paid lunches in accord13 ance with Section 12(p) of the Richard B. Russell Na14 tional School Lunch Act, 42 U.S.C. 1760(p). 

15 SEC. 777. There is hereby appropriated $5,000,000, 

16 to remain available until September 30, 2019, for a pilot 

17 program for the National Institute of Food and Agri18 culture to provide grants to nonprofit organizations for 

19 programs and services to establish and enhance farming 

20 and ranching opportunities for military veterans. 

21 SEC. 778. For an additional amount for ‘‘Department 

22 of Health and Human Services—Food and Drug Adminis23 tration—Salaries and Expenses’’, $94,000,000, to remain 

24 available until expended, in addition to amounts otherwise 

25 made available for necessary expenses of processing opioid 

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1 and other articles imported or offered for import through 

2 international mail facilities of the U.S. Postal Service: 

3 Provided, That such additional amounts shall also be 

4 available for expanding and enhancing inspection capacity 

5 related to such processing activity (including but not lim6 ited to increasing staffing, obtaining necessary equipment 

7 and supplies, and expanding and upgrading infrastruc8 ture, laboratory facilities, and data libraries): Provided 

9 further, That amounts appropriated under this section 

10 shall be in addition to amounts otherwise made available 

11 for research and criminal investigations related to such 

12 import articles, and be available for enhancing such re13 search and investigations: Provided further, That the Sec14 retary of Health and Human Services shall provide quar15 terly reports to the Committees on Appropriations of the 

16 House and Senate on the obligation of amounts appro17 priated under this section. 

18 SEC. 779. For an additional amount for ‘‘Rural Utili19 ties Service—Distance Learning, Telemedicine, and 

20 Broadband Program’’, $600,000,000, to remain available 

21 until expended, for the Secretary of Agriculture to conduct 

22 a new broadband loan and grant pilot program under the 

23 Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.): 

24 Provided, That for the purpose of the new pilot program, 

25 the authorities provided in such Act shall include the auMarch 21, 2018 (6:08 p.m.)
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1 thority to make grants for such purposes, as described in 

2 section 601(a) of such Act: Provided further, That the cost 

3 of direct loans shall be as defined in section 502 of the 

4 Congressional Budget Act of 1974: Provided further, That 

5 at least 90 percent of the households to be served by a 

6 project receiving a loan or grant under the pilot program 

7 shall be in a rural area without sufficient access to 

8 broadband, defined for this pilot program as 10 Mbps 

9 downstream, and 1 Mbps upstream, which shall be re10 evaluated and redetermined, as necessary, on an annual 

11 basis by the Secretary of Agriculture: Provided further, 

12 That an entity to which a loan or grant is made under 

13 the pilot program shall not use the loan or grant to over14 build or duplicate broadband expansion efforts made by 

15 any entity that has received a broadband loan from the 

16 Rural Utilities Service: Provided further, That in addition 

17 to other available funds, not more than four percent of 

18 the funds can be used for administrative costs to carry 

19 out this pilot program and up to three percent may be 

20 utilized for technical assistance and pre-development plan21 ning activities to support the most rural communities, 

22 which shall be transferred to and merged with the appro23 priation for ‘‘Rural Development, Salaries and Expenses’’: 

24 Provided further, That the Rural Utility Service is directed 

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1 ment this section: Provided further, That for purposes of 

2 this section, the Secretary shall adhere to the notice, re3 porting and service area assessment requirements set 

4 forth in sections 6104(a)(2)(D) and 6104(a)(2)(E) of the 

5 Agricultural Act of 2014 (7 U.S.C. 950bb(d)(5), and 

6 950bb(d)(8) and 950bb(d)(10)). 

7 SEC. 780. For an additional amount for the cost of 

8 direct loans and grants made under the ‘‘Rural Water and 

9 Waste Disposal Program Account’’, $500,000,000, to re10 main available until expended, of which not to exceed 

11 $495,000,000 shall be for grants. 

12 SEC. 781. The Secretary of Agriculture and the Com13 missioner of Food and Drugs shall— 

14 (1) post on a public Website in a searchable 

15 format information on competitive grant awards 

16 made using funds made available under an appro17 priations Act (other than funds appropriated to the 

18 Commodity Credit Corporation, the Forest Service, 

19 or funds provided under the heading ‘‘Food for 

20 Peace Title II Grants’’) that includes, with respect 

21 to each such award, the Congressional District cor22 responding to the State, District, Tribal jurisdiction, 

23 or territory of the United States in which the recipi24 ent of the funds is geographically located; and 

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1 (2) not provide advance notification of such 

2 grant awards to any person outside of the Depart3 ment of Agriculture or the Food and Drug Adminis4 tration except potential awardees, until such infor5 mation is posted, as described in paragraph (1). 

6 SEC. 782. None of the funds made available by this 

7 Act may be used to pay the salaries or expenses of per8 sonnel— 

9 (1) to inspect horses under section 3 of the 

10 Federal Meat Inspection Act (21 U.S.C. 603); 

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

12 Federal Agriculture Improvement and Reform Act of 

13 1996 (7 U.S.C. 1901 note; Public Law 104–127); or 

14 (3) to implement or enforce section 352.19 of 

15 title 9, Code of Federal Regulations (or a successor 

16 regulation). 

17 SEC. 783. None of the funds appropriated or other18 wise made available by this or any other Act shall be used 

19 to pay the salaries and expenses of personnel to carry out 

20 the Biomass Crop Assistance Program authorized by sec21 tion 9011 of the Farm Security and Rural Investment Act 

22 of 2002 (7 U.S.C. 8111). 

23 This division may be cited as the ‘‘Agriculture, Rural 

24 Development, Food and Drug Administration, and Re25 lated Agencies Appropriations Act, 2018’’. 

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1 DIVISION B—COMMERCE, JUSTICE, 

2 SCIENCE, AND RELATED AGENCIES 

3 APPROPRIATIONS ACT, 2018 

4 TITLE I 

5 DEPARTMENT OF COMMERCE 

6 INTERNATIONAL TRADE ADMINISTRATION

7 OPERATIONS AND ADMINISTRATION

8 For necessary expenses for international trade activi9 ties of the Department of Commerce provided for by law, 

10 and for engaging in trade promotional activities abroad, 

11 including expenses of grants and cooperative agreements 

12 for the purpose of promoting exports of United States 

13 firms, without regard to sections 3702 and 3703 of title 

14 44, United States Code; full medical coverage for depend15 ent members of immediate families of employees stationed 

16 overseas and employees temporarily posted overseas; travel 

17 and transportation of employees of the International 

18 Trade Administration between two points abroad, without 

19 regard to section 40118 of title 49, United States Code; 

20 employment of citizens of the United States and aliens by 

21 contract for services; rental of space abroad for periods 

22 not exceeding 10 years, and expenses of alteration, repair, 

23 or improvement; purchase or construction of temporary 

24 demountable exhibition structures for use abroad; pay25 ment of tort claims, in the manner authorized in the first 

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1 paragraph of section 2672 of title 28, United States Code, 

2 when such claims arise in foreign countries; not to exceed 

3 $294,300 for official representation expenses abroad; pur4 chase of passenger motor vehicles for official use abroad, 

5 not to exceed $45,000 per vehicle; obtaining insurance on 

6 official motor vehicles; and rental of tie lines, 

7 $495,000,000, to remain available until September 30, 

8 2019, of which $13,000,000 is to be derived from fees to 

9 be retained and used by the International Trade Adminis10 tration, notwithstanding section 3302 of title 31, United 

11 States Code: Provided, That, of amounts provided under 

12 this heading, not less than $16,400,000 shall be for China 

13 antidumping and countervailing duty enforcement and 

14 compliance activities: Provided further, That the provisions 

15 of the first sentence of section 105(f) and all of section 

16 108(c) of the Mutual Educational and Cultural Exchange 

17 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

18 in carrying out these activities; and that for the purpose 

19 of this Act, contributions under the provisions of the Mu20 tual Educational and Cultural Exchange Act of 1961 shall 

21 include payment for assessments for services provided as 

22 part of these activities. 

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1 BUREAU OF INDUSTRY AND SECURITY

2 OPERATIONS AND ADMINISTRATION

3 For necessary expenses for export administration and 

4 national security activities of the Department of Com5 merce, including costs associated with the performance of 

6 export administration field activities both domestically and 

7 abroad; full medical coverage for dependent members of 

8 immediate families of employees stationed overseas; em9 ployment of citizens of the United States and aliens by 

10 contract for services abroad; payment of tort claims, in 

11 the manner authorized in the first paragraph of section 

12 2672 of title 28, United States Code, when such claims 

13 arise in foreign countries; not to exceed $13,500 for offi14 cial representation expenses abroad; awards of compensa15 tion to informers under the Export Administration Act of 

16 1979, and as authorized by section 1(b) of the Act of June 

17 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 

18 of passenger motor vehicles for official use and motor vehi19 cles for law enforcement use with special requirement vehi20 cles eligible for purchase without regard to any price limi21 tation otherwise established by law, $113,500,000, to re22 main available until expended: Provided, That the provi23 sions of the first sentence of section 105(f) and all of sec24 tion 108(c) of the Mutual Educational and Cultural Ex25 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 

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1 apply in carrying out these activities: Provided further, 

2 That payments and contributions collected and accepted 

3 for materials or services provided as part of such activities 

4 may be retained for use in covering the cost of such activi5 ties, and for providing information to the public with re6 spect to the export administration and national security 

7 activities of the Department of Commerce and other ex8 port control programs of the United States and other gov9 ernments. 

10 ECONOMIC DEVELOPMENT ADMINISTRATION

11 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

12 For grants for economic development assistance as 

13 provided by the Public Works and Economic Development 

14 Act of 1965, for trade adjustment assistance, and for 

15 grants authorized by section 27 of the Stevenson-Wydler 

16 Technology Innovation Act of 1980 (15 U.S.C. 3722), 

17 $262,500,000, to remain available until expended, of 

18 which $21,000,000 shall be for grants under such section 

19 27. 

20 SALARIES AND EXPENSES

21 For necessary expenses of administering the eco22 nomic development assistance programs as provided for by 

23 law, $39,000,000: Provided, That these funds may be used 

24 to monitor projects approved pursuant to title I of the 

25 Public Works Employment Act of 1976, title II of the 

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1 Trade Act of 1974, section 27 of the Stevenson-Wydler 

2 Technology Innovation Act of 1980 (15 U.S.C. 3722), and 

3 the Community Emergency Drought Relief Act of 1977. 

4 MINORITY BUSINESS DEVELOPMENT AGENCY

5 MINORITY BUSINESS DEVELOPMENT

6 For necessary expenses of the Department of Com7 merce in fostering, promoting, and developing minority 

8 business enterprise, including expenses of grants, con9 tracts, and other agreements with public or private organi10 zations, $39,000,000. 

11 ECONOMIC AND STATISTICAL ANALYSIS

12 SALARIES AND EXPENSES

13 For necessary expenses, as authorized by law, of eco14 nomic and statistical analysis programs of the Department 

15 of Commerce, $99,000,000, to remain available until Sep16 tember 30, 2019. 

17 BUREAU OF THE CENSUS

18 CURRENT SURVEYS AND PROGRAMS

19 For necessary expenses for collecting, compiling, ana20 lyzing, preparing and publishing statistics, provided for by 

21 law, $270,000,000: Provided, That, from amounts pro22 vided herein, funds may be used for promotion, outreach, 

23 and marketing activities: Provided further, That the Bu24 reau of the Census shall collect and analyze data for the 

25 Annual Social and Economic Supplement to the Current 

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1 Population Survey using the same health insurance ques2 tions included in previous years, in addition to the revised 

3 questions implemented in the Current Population Survey 

4 beginning in February 2014. 

5 PERIODIC CENSUSES AND PROGRAMS

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses for collecting, compiling, ana8 lyzing, preparing and publishing statistics for periodic cen9 suses and programs provided for by law, $2,544,000,000, 

10 to remain available until September 30, 2020: Provided, 

11 That, from amounts provided herein, funds may be used 

12 for promotion, outreach, and marketing activities: Pro13 vided further, That within the amounts appropriated, 

14 $2,580,000 shall be transferred to the ‘‘Office of Inspector 

15 General’’ account for activities associated with carrying 

16 out investigations and audits related to the Bureau of the 

17 Census: Provided further, That not more than 50 percent 

18 of the amounts made available under this heading for in19 formation technology related to 2020 census delivery, in20 cluding the Census Enterprise Data Collection and Proc21 essing (CEDCaP) program, may be obligated until the 

22 Secretary updates the previous expenditure plan and re23 submits to the Committees on Appropriations of the 

24 House of Representatives and the Senate a plan for ex25 penditure that: (1) identifies for each CEDCaP project/ 

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1 investment over $25,000: (A) the functional and perform2 ance capabilities to be delivered and the mission benefits 

3 to be realized; (B) an updated estimated lifecycle cost, in4 cluding cumulative expenditures to date by fiscal year, and 

5 all revised estimates for development, maintenance, and 

6 operations; (C) key milestones to be met; and (D) impacts 

7 of cost variances on other Census programs; (2) details 

8 for each project/investment: (A) reasons for any cost and 

9 schedule variances; and (B) top risks and mitigation strat10 egies; and (3) has been submitted to the Government Ac11 countability Office. 

12 NATIONAL TELECOMMUNICATIONS AND INFORMATION

13 ADMINISTRATION

14 SALARIES AND EXPENSES

15 For necessary expenses, as provided for by law, of 

16 the National Telecommunications and Information Ad17 ministration (NTIA), $39,500,000, to remain available 

18 until September 30, 2019: Provided, That, notwith19 standing 31 U.S.C. 1535(d), the Secretary of Commerce 

20 shall charge Federal agencies for costs incurred in spec21 trum management, analysis, operations, and related serv22 ices, and such fees shall be retained and used as offsetting 

23 collections for costs of such spectrum services, to remain 

24 available until expended: Provided further, That the Sec25 retary of Commerce is authorized to retain and use as offMarch 21, 2018 (6:08 p.m.)
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1 setting collections all funds transferred, or previously 

2 transferred, from other Government agencies for all costs 

3 incurred in telecommunications research, engineering, and 

4 related activities by the Institute for Telecommunication 

5 Sciences of NTIA, in furtherance of its assigned functions 

6 under this paragraph, and such funds received from other 

7 Government agencies shall remain available until ex8 pended: Provided further, That $7,500,000 shall be to up9 date the national broadband availability map in coordina10 tion with the Federal Communications Commission and 

11 using partnerships previously developed with the States. 

12 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

13 AND CONSTRUCTION

14 For the administration of prior-year grants, recov15 eries and unobligated balances of funds previously appro16 priated are available for the administration of all open 

17 grants until their expiration. 

18 UNITED STATES PATENT AND TRADEMARK OFFICE

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses of the United States Patent 

22 and Trademark Office (USPTO) provided for by law, in23 cluding defense of suits instituted against the Under Sec24 retary of Commerce for Intellectual Property and Director 

25 of the USPTO, $3,500,000,000, to remain available until 

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1 expended: Provided, That the sum herein appropriated 

2 from the general fund shall be reduced as offsetting collec3 tions of fees and surcharges assessed and collected by the 

4 USPTO under any law are received during fiscal year 

5 2018, so as to result in a fiscal year 2018 appropriation 

6 from the general fund estimated at $0: Provided further, 

7 That during fiscal year 2018, should the total amount of 

8 such offsetting collections be less than $3,500,000,000 

9 this amount shall be reduced accordingly: Provided fur10 ther, That any amount received in excess of 

11 $3,500,000,000 in fiscal year 2018 and deposited in the 

12 Patent and Trademark Fee Reserve Fund shall remain 

13 available until expended: Provided further, That the Direc14 tor of USPTO shall submit a spending plan to the Com15 mittees on Appropriations of the House of Representatives 

16 and the Senate for any amounts made available by the 

17 preceding proviso and such spending plan shall be treated 

18 as a reprogramming under section 505 of this Act and 

19 shall not be available for obligation or expenditure except 

20 in compliance with the procedures set forth in that section: 

21 Provided further, That any amounts reprogrammed in ac22 cordance with the preceding proviso shall be transferred 

23 to the United States Patent and Trademark Office ‘‘Sala24 ries and Expenses’’ account: Provided further, That from 

25 amounts provided herein, not to exceed $900 shall be 

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1 made available in fiscal year 2018 for official reception 

2 and representation expenses: Provided further, That in fis3 cal year 2018 from the amounts made available for ‘‘Sala4 ries and Expenses’’ for the USPTO, the amounts nec5 essary to pay (1) the difference between the percentage 

6 of basic pay contributed by the USPTO and employees 

7 under section 8334(a) of title 5, United States Code, and 

8 the normal cost percentage (as defined by section 

9 8331(17) of that title) as provided by the Office of Per10 sonnel Management (OPM) for USPTO’s specific use, of 

11 basic pay, of employees subject to subchapter III of chap12 ter 83 of that title, and (2) the present value of the other13 wise unfunded accruing costs, as determined by OPM for 

14 USPTO’s specific use of post-retirement life insurance 

15 and post-retirement health benefits coverage for all 

16 USPTO employees who are enrolled in Federal Employees 

17 Health Benefits (FEHB) and Federal Employees Group 

18 Life Insurance (FEGLI), shall be transferred to the Civil 

19 Service Retirement and Disability Fund, the FEGLI 

20 Fund, and the FEHB Fund, as appropriate, and shall be 

21 available for the authorized purposes of those accounts: 

22 Provided further, That any differences between the present 

23 value factors published in OPM’s yearly 300 series benefit 

24 letters and the factors that OPM provides for USPTO’s 

25 specific use shall be recognized as an imputed cost on 

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1 USPTO’s financial statements, where applicable: Provided 

2 further, That, notwithstanding any other provision of law, 

3 all fees and surcharges assessed and collected by USPTO 

4 are available for USPTO only pursuant to section 42(c) 

5 of title 35, United States Code, as amended by section 

6 22 of the Leahy-Smith America Invents Act (Public Law 

7 112–29): Provided further, That within the amounts ap8 propriated, $1,000,000 shall be transferred to the ‘‘Office 

9 of Inspector General’’ account for activities associated 

10 with carrying out investigations and audits related to the 

11 USPTO. 

12 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

13 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of the National Institute of 

16 Standards and Technology (NIST), $724,500,000, to re17 main available until expended, of which not to exceed 

18 $9,000,000 may be transferred to the ‘‘Working Capital 

19 Fund’’: Provided, That not to exceed $20,000 shall be for 

20 official reception and representation expenses: Provided 

21 further, That NIST may provide local transportation for 

22 summer undergraduate research fellowship program par23 ticipants. 

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1 INDUSTRIAL TECHNOLOGY SERVICES

2 For necessary expenses for industrial technology 

3 services, $155,000,000, to remain available until ex4 pended, of which $140,000,000 shall be for the Hollings 

5 Manufacturing Extension Partnership, and of which 

6 $15,000,000 shall be for the National Network for Manu7 facturing Innovation (also known as ‘‘Manufacturing 

8 USA’’). 

9 CONSTRUCTION OF RESEARCH FACILITIES

10 For construction of new research facilities, including 

11 architectural and engineering design, and for renovation 

12 and maintenance of existing facilities, not otherwise pro13 vided for the National Institute of Standards and Tech14 nology, as authorized by sections 13 through 15 of the 

15 National Institute of Standards and Technology Act (15 

16 U.S.C. 278c–278e), $319,000,000, to remain available 

17 until expended: Provided, That the Secretary of Commerce 

18 shall include in the budget justification materials that the 

19 Secretary submits to Congress in support of the Depart20 ment of Commerce budget (as submitted with the budget 

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

22 States Code) an estimate for each National Institute of 

23 Standards and Technology construction project having a 

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

25 and simultaneously the budget justification materials shall 

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1 include an estimate of the budgetary requirements for 

2 each such project for each of the 5 subsequent fiscal years. 

3 NATIONAL OCEANIC AND ATMOSPHERIC

4 ADMINISTRATION

5 OPERATIONS, RESEARCH, AND FACILITIES

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses of activities authorized by law 

8 for the National Oceanic and Atmospheric Administration, 

9 including maintenance, operation, and hire of aircraft and 

10 vessels; pilot programs for state-led fisheries management, 

11 notwithstanding any other provision of law; grants, con12 tracts, or other payments to nonprofit organizations for 

13 the purposes of conducting activities pursuant to coopera14 tive agreements; and relocation of facilities, 

15 $3,536,331,000, to remain available until September 30, 

16 2019, except that funds provided for cooperative enforce17 ment shall remain available until September 30, 2020: 

18 Provided, That fees and donations received by the Na19 tional Ocean Service for the management of national ma20 rine sanctuaries may be retained and used for the salaries 

21 and expenses associated with those activities, notwith22 standing section 3302 of title 31, United States Code: Pro23 vided further, That in addition, $144,000,000 shall be de24 rived by transfer from the fund entitled ‘‘Promote and De25 velop Fishery Products and Research Pertaining to AmerMarch 21, 2018 (6:08 p.m.)
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1 ican Fisheries’’, which shall only be used for fishery activi2 ties related to the Saltonstall-Kennedy Grant Program, 

3 Cooperative Research, Annual Stock Assessments, Survey 

4 and Monitoring Projects, Interjurisdictional Fisheries 

5 Grants, and Fish Information Networks: Provided further, 

6 That of the $3,697,831,000 provided for in direct obliga7 tions under this heading, $3,536,331,000 is appropriated 

8 from the general fund, $144,000,000 is provided by trans9 fer, and $17,500,000 is derived from recoveries of prior 

10 year obligations: Provided further, That any deviation 

11 from the amounts designated for specific activities in the 

12 explanatory statement described in section 4 (in the mat13 ter preceding division A of this consolidated Act), or any 

14 use of deobligated balances of funds provided under this 

15 heading in previous years, shall be subject to the proce16 dures set forth in section 505 of this Act: Provided further, 

17 That in addition, for necessary retired pay expenses under 

18 the Retired Serviceman’s Family Protection and Survivor 

19 Benefits Plan, and for payments for the medical care of 

20 retired personnel and their dependents under the Depend21 ents’ Medical Care Act (10 U.S.C. ch. 55), such sums as 

22 may be necessary. 

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1 PROCUREMENT, ACQUISITION AND CONSTRUCTION

2 (INCLUDING TRANSFER OF FUNDS)

3 For procurement, acquisition and construction of 

4 capital assets, including alteration and modification costs, 

5 of the National Oceanic and Atmospheric Administration, 

6 $2,290,684,000, to remain available until September 30, 

7 2020, except that funds provided for acquisition and con8 struction of vessels and construction of facilities shall re9 main available until expended: Provided, That of the 

10 $2,303,684,000 provided for in direct obligations under 

11 this heading, $2,290,684,000 is appropriated from the 

12 general fund and $13,000,000 is provided from recoveries 

13 of prior year obligations: Provided further, That any devi14 ation from the amounts designated for specific activities 

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

16 matter preceding division A of this consolidated Act), or 

17 any use of deobligated balances of funds provided under 

18 this heading in previous years, shall be subject to the pro19 cedures set forth in section 505 of this Act: Provided fur20 ther, That the Secretary of Commerce shall include in 

21 budget justification materials that the Secretary submits 

22 to Congress in support of the Department of Commerce 

23 budget (as submitted with the budget of the President 

24 under section 1105(a) of title 31, United States Code) an 

25 estimate for each National Oceanic and Atmospheric AdMarch 21, 2018 (6:08 p.m.)
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1 ministration procurement, acquisition or construction 

2 project having a total of more than $5,000,000 and simul3 taneously the budget justification shall include an estimate 

4 of the budgetary requirements for each such project for 

5 each of the 5 subsequent fiscal years: Provided further, 

6 That, within the amounts appropriated, $1,302,000 shall 

7 be transferred to the ‘‘Office of Inspector General’’ ac8 count for activities associated with carrying out investiga9 tions and audits related to satellite procurement, acquisi10 tion and construction. 

11 PACIFIC COASTAL SALMON RECOVERY

12 For necessary expenses associated with the restora13 tion of Pacific salmon populations, $65,000,000, to re14 main available until September 30, 2019: Provided, That, 

15 of the funds provided herein, the Secretary of Commerce 

16 may issue grants to the States of Washington, Oregon, 

17 Idaho, Nevada, California, and Alaska, and to the Feder18 ally recognized tribes of the Columbia River and Pacific 

19 Coast (including Alaska), for projects necessary for con20 servation of salmon and steelhead populations that are 

21 listed as threatened or endangered, or that are identified 

22 by a State as at-risk to be so listed, for maintaining popu23 lations necessary for exercise of tribal treaty fishing rights 

24 or native subsistence fishing, or for conservation of Pacific 

25 coastal salmon and steelhead habitat, based on guidelines 

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1 to be developed by the Secretary of Commerce: Provided 

2 further, That all funds shall be allocated based on sci3 entific and other merit principles and shall not be available 

4 for marketing activities: Provided further, That funds dis5 bursed to States shall be subject to a matching require6 ment of funds or documented in-kind contributions of at 

7 least 33 percent of the Federal funds. 

8 FISHERMEN’S CONTINGENCY FUND

9 For carrying out the provisions of title IV of Public 

10 Law 95–372, not to exceed $349,000, to be derived from 

11 receipts collected pursuant to that Act, to remain available 

12 until expended. 

13 FISHERY DISASTER ASSISTANCE

14 For the necessary expenses associated with the miti15 gation of fishery disasters, $20,000,000 to remain avail16 able until expended: Provided, That funds shall be used 

17 for mitigating the effects of commercial fishery failures 

18 and fishery resource disasters as declared by the Secretary 

19 of Commerce. 

20 FISHERIES FINANCE PROGRAM ACCOUNT

21 Subject to section 502 of the Congressional Budget 

22 Act of 1974, during fiscal year 2018, obligations of direct 

23 loans may not exceed $24,000,000 for Individual Fishing 

24 Quota loans and not to exceed $100,000,000 for tradiMarch 21, 2018 (6:08 p.m.)
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1 tional direct loans as authorized by the Merchant Marine 

2 Act of 1936. 

3 DEPARTMENTAL MANAGEMENT

4 SALARIES AND EXPENSES

5 For necessary expenses for the management of the 

6 Department of Commerce provided for by law, including 

7 not to exceed $4,500 for official reception and representa8 tion, $63,000,000. 

9 RENOVATION AND MODERNIZATION

10 For necessary expenses for the renovation and mod11 ernization of the Herbert C. Hoover Building, 

12 $45,130,000, to remain available until expended. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978 (5 U.S.C. App.), $32,744,000. 

17 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 101. During the current fiscal year, applicable 

20 appropriations and funds made available to the Depart21 ment of Commerce by this Act shall be available for the 

22 activities specified in the Act of October 26, 1949 (15 

23 U.S.C. 1514), to the extent and in the manner prescribed 

24 by the Act, and, notwithstanding 31 U.S.C. 3324, may 

25 be used for advanced payments not otherwise authorized 

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1 only upon the certification of officials designated by the 

2 Secretary of Commerce that such payments are in the 

3 public interest. 

4 SEC. 102. During the current fiscal year, appropria5 tions made available to the Department of Commerce by 

6 this Act for salaries and expenses shall be available for 

7 hire of passenger motor vehicles as authorized by 31 

8 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 

9 3109; and uniforms or allowances therefor, as authorized 

10 by law (5 U.S.C. 5901–5902). 

11 SEC. 103. Not to exceed 5 percent of any appropria12 tion made available for the current fiscal year for the De13 partment of Commerce in this Act may be transferred be14 tween such appropriations, but no such appropriation shall 

15 be increased by more than 10 percent by any such trans16 fers: Provided, That any transfer pursuant to this section 

17 shall be treated as a reprogramming of funds under sec18 tion 505 of this Act and shall not be available for obliga19 tion or expenditure except in compliance with the proce20 dures set forth in that section: Provided further, That the 

21 Secretary of Commerce shall notify the Committees on Ap22 propriations at least 15 days in advance of the acquisition 

23 or disposal of any capital asset (including land, structures, 

24 and equipment) not specifically provided for in this Act 

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1 or any other law appropriating funds for the Department 

2 of Commerce. 

3 SEC. 104. The requirements set forth by section 105 

4 of the Commerce, Justice, Science, and Related Agencies 

5 Appropriations Act, 2012 (Public Law 112–55), as 

6 amended by section 105 of title I of division B of Public 

7 Law 113–6, are hereby adopted by reference and made 

8 applicable with respect to fiscal year 2018: Provided, That 

9 the life cycle cost for the Joint Polar Satellite System is 

10 $11,322,125,000 and the life cycle cost for the Geo11 stationary Operational Environmental Satellite R-Series 

12 Program is $10,828,059,000. 

13 SEC. 105. Notwithstanding any other provision of 

14 law, the Secretary may furnish services (including but not 

15 limited to utilities, telecommunications, and security serv16 ices) necessary to support the operation, maintenance, and 

17 improvement of space that persons, firms, or organizations 

18 are authorized, pursuant to the Public Buildings Coopera19 tive Use Act of 1976 or other authority, to use or occupy 

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

21 other buildings, the maintenance, operation, and protec22 tion of which has been delegated to the Secretary from 

23 the Administrator of General Services pursuant to the 

24 Federal Property and Administrative Services Act of 1949 

25 on a reimbursable or non-reimbursable basis. Amounts reMarch 21, 2018 (6:08 p.m.)
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1 ceived as reimbursement for services provided under this 

2 section or the authority under which the use or occupancy 

3 of the space is authorized, up to $200,000, shall be cred4 ited to the appropriation or fund which initially bears the 

5 costs of such services. 

6 SEC. 106. Nothing in this title shall be construed to 

7 prevent a grant recipient from deterring child pornog8 raphy, copyright infringement, or any other unlawful ac9 tivity over its networks. 

10 SEC. 107. The Administrator of the National Oceanic 

11 and Atmospheric Administration is authorized to use, with 

12 their consent, with reimbursement and subject to the lim13 its of available appropriations, the land, services, equip14 ment, personnel, and facilities of any department, agency, 

15 or instrumentality of the United States, or of any State, 

16 local government, Indian tribal government, Territory, or 

17 possession, or of any political subdivision thereof, or of 

18 any foreign government or international organization, for 

19 purposes related to carrying out the responsibilities of any 

20 statute administered by the National Oceanic and Atmos21 pheric Administration. 

22 SEC. 108. The National Technical Information Serv23 ice shall not charge any customer for a copy of any report 

24 or document generated by the Legislative Branch unless 

25 the Service has provided information to the customer on 

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1 how an electronic copy of such report or document may 

2 be accessed and downloaded for free online. Should a cus3 tomer still require the Service to provide a printed or dig4 ital copy of the report or document, the charge shall be 

5 limited to recovering the Service’s cost of processing, re6 producing, and delivering such report or document. 

7 SEC. 109. The Secretary of Commerce may waive the 

8 requirement for bonds under 40 U.S.C. 3131 with respect 

9 to contracts for the construction, alteration, or repair of 

10 vessels, regardless of the terms of the contracts as to pay11 ment or title, when the contract is made under the Coast 

12 and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.). 

13 SEC. 110. To carry out the responsibilities of the Na14 tional Oceanic and Atmospheric Administration (NOAA), 

15 the Administrator of NOAA is authorized to: (1) enter 

16 into grants and cooperative agreements with; (2) use on 

17 a non-reimbursable basis land, services, equipment, per18 sonnel, and facilities provided by; and (3) receive and ex19 pend funds made available on a consensual basis from: a 

20 Federal agency, State or subdivision thereof, local govern21 ment, tribal government, territory, or possession or any 

22 subdivisions thereof: Provided, That funds received for 

23 permitting and related regulatory activities pursuant to 

24 this section shall be deposited under the heading ‘‘Na25 tional Oceanic and Atmospheric Administration—OperMarch 21, 2018 (6:08 p.m.)
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1 ations, Research, and Facilities’’ and shall remain avail2 able until September 30, 2020, for such purposes: Pro3 vided further, That all funds within this section and their 

4 corresponding uses are subject to section 505 of this Act. 

5 SEC. 111. Amounts provided by this Act or by any 

6 prior appropriations Act that remain available for obliga7 tion, for necessary expenses of the programs of the Eco8 nomics and Statistics Administration of the Department 

9 of Commerce, including amounts provided for programs 

10 of the Bureau of Economic Analysis and the Bureau of 

11 the Census, shall be available for expenses of cooperative 

12 agreements with appropriate entities, including any Fed13 eral, State, or local governmental unit, or institution of 

14 higher education, to aid and promote statistical, research, 

15 and methodology activities which further the purposes for 

16 which such amounts have been made available. 

17 This title may be cited as the ‘‘Department of Com18 merce Appropriations Act, 2018’’. 

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1 TITLE II 

2 DEPARTMENT OF JUSTICE 

3 GENERAL ADMINISTRATION

4 SALARIES AND EXPENSES

5 For expenses necessary for the administration of the 

6 Department of Justice, $114,000,000, of which not to ex7 ceed $4,000,000 for security and construction of Depart8 ment of Justice facilities shall remain available until ex9 pended. 

10 JUSTICE INFORMATION SHARING TECHNOLOGY

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses for information sharing tech13 nology, including planning, development, deployment and 

14 departmental direction, $35,000,000, to remain available 

15 until expended: Provided, That the Attorney General may 

16 transfer up to $35,400,000 to this account, from funds 

17 available to the Department of Justice for information 

18 technology, to remain available until expended, for enter19 prise-wide information technology initiatives: Provided fur20 ther, That the transfer authority in the preceding proviso 

21 is in addition to any other transfer authority contained 

22 in this Act: Provided further, That any transfer pursuant 

23 to the first proviso shall be treated as a reprogramming 

24 under section 505 of this Act and shall not be available 

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1 for obligation or expenditure except in compliance with the 

2 procedures set forth in that section. 

3 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses necessary for the administration of im6 migration-related activities of the Executive Office for Im7 migration Review, $504,500,000, of which $4,000,000 

8 shall be derived by transfer from the Executive Office for 

9 Immigration Review fees deposited in the ‘‘Immigration 

10 Examinations Fee’’ account: Provided, That not to exceed 

11 $35,000,000 of the total amount made available under 

12 this heading shall remain available until expended. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector 

15 General, $97,250,000, including not to exceed $10,000 to 

16 meet unforeseen emergencies of a confidential character. 

17 UNITED STATES PAROLE COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the United States Parole 

20 Commission as authorized, $13,308,000: Provided, That, 

21 notwithstanding any other provision of law, upon the expi22 ration of a term of office of a Commissioner, the Commis23 sioner may continue to act until a successor has been ap24 pointed. 

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1 LEGAL ACTIVITIES

2 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

3 For expenses necessary for the legal activities of the 

4 Department of Justice, not otherwise provided for, includ5 ing not to exceed $20,000 for expenses of collecting evi6 dence, to be expended under the direction of, and to be 

7 accounted for solely under the certificate of, the Attorney 

8 General; the administration of pardon and clemency peti9 tions; and rent of private or Government-owned space in 

10 the District of Columbia, $897,500,000, of which not to 

11 exceed $20,000,000 for litigation support contracts shall 

12 remain available until expended: Provided, That of the 

13 amount provided for INTERPOL Washington dues pay14 ments, not to exceed $685,000 shall remain available until 

15 expended: Provided further, That of the total amount ap16 propriated, not to exceed $9,000 shall be available to 

17 INTERPOL Washington for official reception and rep18 resentation expenses: Provided further, That notwith19 standing section 205 of this Act, upon a determination 

20 by the Attorney General that emergent circumstances re21 quire additional funding for litigation activities of the Civil 

22 Division, the Attorney General may transfer such amounts 

23 to ‘‘Salaries and Expenses, General Legal Activities’’ from 

24 available appropriations for the current fiscal year for the 

25 Department of Justice, as may be necessary to respond 

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1 to such circumstances: Provided further, That any transfer 

2 pursuant to the preceding proviso shall be treated as a 

3 reprogramming under section 505 of this Act and shall 

4 not be available for obligation or expenditure except in 

5 compliance with the procedures set forth in that section: 

6 Provided further, That of the amount appropriated, such 

7 sums as may be necessary shall be available to the Civil 

8 Rights Division for salaries and expenses associated with 

9 the election monitoring program under section 8 of the 

10 Voting Rights Act of 1965 (52 U.S.C. 10305) and to reim11 burse the Office of Personnel Management for such sala12 ries and expenses: Provided further, That of the amounts 

13 provided under this heading for the election monitoring 

14 program, $3,390,000 shall remain available until ex15 pended. 

16 In addition, for reimbursement of expenses of the De17 partment of Justice associated with processing cases 

18 under the National Childhood Vaccine Injury Act of 1986, 

19 not to exceed $10,000,000, to be appropriated from the 

20 Vaccine Injury Compensation Trust Fund. 

21 SALARIES AND EXPENSES, ANTITRUST DIVISION

22 For expenses necessary for the enforcement of anti23 trust and kindred laws, $164,977,000, to remain available 

24 until expended: Provided, That notwithstanding any other 

25 provision of law, fees collected for premerger notification 

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1 filings under the Hart-Scott-Rodino Antitrust Improve2 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 

3 of collection (and estimated to be $126,000,000 in fiscal 

4 year 2018), shall be retained and used for necessary ex5 penses in this appropriation, and shall remain available 

6 until expended: Provided further, That the sum herein ap7 propriated from the general fund shall be reduced as such 

8 offsetting collections are received during fiscal year 2018, 

9 so as to result in a final fiscal year 2018 appropriation 

10 from the general fund estimated at $38,977,000. 

11 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

12 For necessary expenses of the Offices of the United 

13 States Attorneys, including inter-governmental and coop14 erative agreements, $2,136,750,000: Provided, That of the 

15 total amount appropriated, not to exceed $7,200 shall be 

16 available for official reception and representation ex17 penses: Provided further, That not to exceed $25,000,000 

18 shall remain available until expended: Provided further, 

19 That each United States Attorney shall establish or par20 ticipate in a task force on human trafficking. 

21 UNITED STATES TRUSTEE SYSTEM FUND

22 For necessary expenses of the United States Trustee 

23 Program, as authorized, $225,908,000, to remain avail24 able until expended: Provided, That, notwithstanding any 

25 other provision of law, deposits to the United States 

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1 Trustee System Fund and amounts herein appropriated 

2 shall be available in such amounts as may be necessary 

3 to pay refunds due depositors: Provided further, That, not4 withstanding any other provision of law, fees collected pur5 suant to section 589a(b) of title 28, United States Code, 

6 shall be retained and used for necessary expenses in this 

7 appropriation and shall remain available until expended: 

8 Provided further, That to the extent that fees collected in 

9 fiscal year 2018, net of amounts necessary to pay refunds 

10 due depositors, exceed $225,908,000, those excess 

11 amounts shall be available in future fiscal years only to 

12 the extent provided in advance in appropriations Acts: 

13 Provided further, That the sum herein appropriated from 

14 the general fund shall be reduced (1) as such fees are re15 ceived during fiscal year 2018, net of amounts necessary 

16 to pay refunds due depositors, (estimated at 

17 $231,000,000) and (2) to the extent that any remaining 

18 general fund appropriations can be derived from amounts 

19 deposited in the Fund in previous fiscal years that are not 

20 otherwise appropriated, so as to result in a final fiscal year 

21 2018 appropriation from the general fund estimated at $0. 

22 SALARIES AND EXPENSES, FOREIGN CLAIMS

23 SETTLEMENT COMMISSION

24 For expenses necessary to carry out the activities of 

25 the Foreign Claims Settlement Commission, including 

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1 services as authorized by section 3109 of title 5, United 

2 States Code, $2,409,000. 

3 FEES AND EXPENSES OF WITNESSES

4 For fees and expenses of witnesses, for expenses of 

5 contracts for the procurement and supervision of expert 

6 witnesses, for private counsel expenses, including ad7 vances, and for expenses of foreign counsel, $270,000,000, 

8 to remain available until expended, of which not to exceed 

9 $16,000,000 is for construction of buildings for protected 

10 witness safesites; not to exceed $3,000,000 is for the pur11 chase and maintenance of armored and other vehicles for 

12 witness security caravans; and not to exceed $15,000,000 

13 is for the purchase, installation, maintenance, and up14 grade of secure telecommunications equipment and a se15 cure automated information network to store and retrieve 

16 the identities and locations of protected witnesses: Pro17 vided, That amounts made available under this heading 

18 may not be transferred pursuant to section 205 of this 

19 Act. 

20 SALARIES AND EXPENSES, COMMUNITY RELATIONS

21 SERVICE

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Community Relations 

24 Service, $15,500,000: Provided, That notwithstanding sec25 tion 205 of this Act, upon a determination by the Attorney 

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1 General that emergent circumstances require additional 

2 funding for conflict resolution and violence prevention ac3 tivities of the Community Relations Service, the Attorney 

4 General may transfer such amounts to the Community Re5 lations Service, from available appropriations for the cur6 rent fiscal year for the Department of Justice, as may be 

7 necessary to respond to such circumstances: Provided fur8 ther, That any transfer pursuant to the preceding proviso 

9 shall be treated as a reprogramming under section 505 

10 of this Act and shall not be available for obligation or ex11 penditure except in compliance with the procedures set 

12 forth in that section. 

13 ASSETS FORFEITURE FUND

14 For expenses authorized by subparagraphs (B), (F), 

15 and (G) of section 524(c)(1) of title 28, United States 

16 Code, $20,514,000, to be derived from the Department 

17 of Justice Assets Forfeiture Fund. 

18 UNITED STATES MARSHALS SERVICE

19 SALARIES AND EXPENSES

20 For necessary expenses of the United States Mar21 shals Service, $1,311,492,000, of which not to exceed 

22 $6,000 shall be available for official reception and rep23 resentation expenses, and not to exceed $15,000,000 shall 

24 remain available until expended. 

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1 CONSTRUCTION

2 For construction in space controlled, occupied or uti3 lized by the United States Marshals Service for prisoner 

4 holding and related support, $53,400,000, to remain avail5 able until expended. 

6 FEDERAL PRISONER DETENTION

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses related to United States pris9 oners in the custody of the United States Marshals Service 

10 as authorized by section 4013 of title 18, United States 

11 Code, $1,536,000,000, to remain available until expended: 

12 Provided, That not to exceed $20,000,000 shall be consid13 ered ‘‘funds appropriated for State and local law enforce14 ment assistance’’ pursuant to section 4013(b) of title 18, 

15 United States Code: Provided further, That the United 

16 States Marshals Service shall be responsible for managing 

17 the Justice Prisoner and Alien Transportation System: 

18 Provided further, That any unobligated balances available 

19 from funds appropriated under the heading ‘‘General Ad20 ministration, Detention Trustee’’ shall be transferred to 

21 and merged with the appropriation under this heading. 

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1 NATIONAL SECURITY DIVISION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses necessary to carry out the activities of 

5 the National Security Division, $101,031,000, of which 

6 not to exceed $5,000,000 for information technology sys7 tems shall remain available until expended: Provided, That 

8 notwithstanding section 205 of this Act, upon a deter9 mination by the Attorney General that emergent cir10 cumstances require additional funding for the activities of 

11 the National Security Division, the Attorney General may 

12 transfer such amounts to this heading from available ap13 propriations for the current fiscal year for the Department 

14 of Justice, as may be necessary to respond to such cir15 cumstances: Provided further, That any transfer pursuant 

16 to the preceding proviso shall be treated as a reprogram17 ming under section 505 of this Act and shall not be avail18 able for obligation or expenditure except in compliance 

19 with the procedures set forth in that section. 

20 INTERAGENCY LAW ENFORCEMENT

21 INTERAGENCY CRIME AND DRUG ENFORCEMENT

22 For necessary expenses for the identification, inves23 tigation, and prosecution of individuals associated with the 

24 most significant drug trafficking organizations, 

25 transnational organized crime, and money laundering orMarch 21, 2018 (6:08 p.m.)
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1 ganizations not otherwise provided for, to include inter2 governmental agreements with State and local law en3 forcement agencies engaged in the investigation and pros4 ecution of individuals involved in transnational organized 

5 crime and drug trafficking, $542,850,000, of which 

6 $50,000,000 shall remain available until expended: Pro7 vided, That any amounts obligated from appropriations 

8 under this heading may be used under authorities avail9 able to the organizations reimbursed from this appropria10 tion. 

11 FEDERAL BUREAU OF INVESTIGATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Bureau of In14 vestigation for detection, investigation, and prosecution of 

15 crimes against the United States, $9,030,202,000, of 

16 which not to exceed $216,900,000 shall remain available 

17 until expended: Provided, That not to exceed $184,500 

18 shall be available for official reception and representation 

19 expenses. 

20 CONSTRUCTION

21 For necessary expenses, to include the cost of equip22 ment, furniture, and information technology requirements, 

23 related to construction or acquisition of buildings, facili24 ties and sites by purchase, or as otherwise authorized by 

25 law; conversion, modification and extension of federally 

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1 owned buildings; preliminary planning and design of 

2 projects; and operation and maintenance of secure work 

3 environment facilities and secure networking capabilities; 

4 $370,000,000, to remain available until expended. 

5 DRUG ENFORCEMENT ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Drug Enforcement Ad8 ministration, including not to exceed $70,000 to meet un9 foreseen emergencies of a confidential character pursuant 

10 to section 530C of title 28, United States Code; and ex11 penses for conducting drug education and training pro12 grams, including travel and related expenses for partici13 pants in such programs and the distribution of items of 

14 token value that promote the goals of such programs, 

15 $2,190,326,000, of which not to exceed $75,000,000 shall 

16 remain available until expended and not to exceed $90,000 

17 shall be available for official reception and representation 

18 expenses. 

19 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

20 EXPLOSIVES

21 SALARIES AND EXPENSES

22 For necessary expenses of the Bureau of Alcohol, To23 bacco, Firearms and Explosives, for training of State and 

24 local law enforcement agencies with or without reimburse25 ment, including training in connection with the training 

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1 and acquisition of canines for explosives and fire 

2 accelerants detection; and for provision of laboratory as3 sistance to State and local law enforcement agencies, with 

4 or without reimbursement, $1,293,776,000, of which not 

5 to exceed $36,000 shall be for official reception and rep6 resentation expenses, not to exceed $1,000,000 shall be 

7 available for the payment of attorneys’ fees as provided 

8 by section 924(d)(2) of title 18, United States Code, and 

9 not to exceed $20,000,000 shall remain available until ex10 pended: Provided, That none of the funds appropriated 

11 herein shall be available to investigate or act upon applica12 tions for relief from Federal firearms disabilities under 

13 section 925(c) of title 18, United States Code: Provided 

14 further, That such funds shall be available to investigate 

15 and act upon applications filed by corporations for relief 

16 from Federal firearms disabilities under section 925(c) of 

17 title 18, United States Code: Provided further, That no 

18 funds made available by this or any other Act may be used 

19 to transfer the functions, missions, or activities of the Bu20 reau of Alcohol, Tobacco, Firearms and Explosives to 

21 other agencies or Departments. 

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1 FEDERAL PRISON SYSTEM

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Federal Prison System 

5 for the administration, operation, and maintenance of 

6 Federal penal and correctional institutions, and for the 

7 provision of technical assistance and advice on corrections 

8 related issues to foreign governments, $7,114,000,000: 

9 Provided, That the Attorney General may transfer to the 

10 Department of Health and Human Services such amounts 

11 as may be necessary for direct expenditures by that De12 partment for medical relief for inmates of Federal penal 

13 and correctional institutions: Provided further, That the 

14 Director of the Federal Prison System, where necessary, 

15 may enter into contracts with a fiscal agent or fiscal inter16 mediary claims processor to determine the amounts pay17 able to persons who, on behalf of the Federal Prison Sys18 tem, furnish health services to individuals committed to 

19 the custody of the Federal Prison System: Provided fur20 ther, That not to exceed $5,400 shall be available for offi21 cial reception and representation expenses: Provided fur22 ther, That not to exceed $50,000,000 shall remain avail23 able for necessary operations until September 30, 2019: 

24 Provided further, That, of the amounts provided for con25 tract confinement, not to exceed $20,000,000 shall remain 

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1 available until expended to make payments in advance for 

2 grants, contracts and reimbursable agreements, and other 

3 expenses: Provided further, That the Director of the Fed4 eral Prison System may accept donated property and serv5 ices relating to the operation of the prison card program 

6 from a not-for-profit entity which has operated such pro7 gram in the past, notwithstanding the fact that such not8 for-profit entity furnishes services under contracts to the 

9 Federal Prison System relating to the operation of pre10 release services, halfway houses, or other custodial facili11 ties. 

12 BUILDINGS AND FACILITIES

13 For planning, acquisition of sites and construction of 

14 new facilities; purchase and acquisition of facilities and re15 modeling, and equipping of such facilities for penal and 

16 correctional use, including all necessary expenses incident 

17 thereto, by contract or force account; and constructing, 

18 remodeling, and equipping necessary buildings and facili19 ties at existing penal and correctional institutions, includ20 ing all necessary expenses incident thereto, by contract or 

21 force account, $161,571,000, to remain available until ex22 pended: Provided, That labor of United States prisoners 

23 may be used for work performed under this appropriation. 

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1 FEDERAL PRISON INDUSTRIES, INCORPORATED

2 The Federal Prison Industries, Incorporated, is here3 by authorized to make such expenditures within the limits 

4 of funds and borrowing authority available, and in accord 

5 with the law, and to make such contracts and commit6 ments without regard to fiscal year limitations as provided 

7 by section 9104 of title 31, United States Code, as may 

8 be necessary in carrying out the program set forth in the 

9 budget for the current fiscal year for such corporation. 

10 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

11 PRISON INDUSTRIES, INCORPORATED

12 Not to exceed $2,700,000 of the funds of the Federal 

13 Prison Industries, Incorporated, shall be available for its 

14 administrative expenses, and for services as authorized by 

15 section 3109 of title 5, United States Code, to be com16 puted on an accrual basis to be determined in accordance 

17 with the corporation’s current prescribed accounting sys18 tem, and such amounts shall be exclusive of depreciation, 

19 payment of claims, and expenditures which such account20 ing system requires to be capitalized or charged to cost 

21 of commodities acquired or produced, including selling and 

22 shipping expenses, and expenses in connection with acqui23 sition, construction, operation, maintenance, improvement, 

24 protection, or disposition of facilities and other property 

25 belonging to the corporation or in which it has an interest. 

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1 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

2 OFFICE ON VIOLENCE AGAINST WOMEN

3 VIOLENCE AGAINST WOMEN PREVENTION AND

4 PROSECUTION PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For grants, contracts, cooperative agreements, and 

7 other assistance for the prevention and prosecution of vio8 lence against women, as authorized by the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 

10 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and 

11 Law Enforcement Act of 1994 (Public Law 103–322) 

12 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 

13 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu14 torial Remedies and Other Tools to end the Exploitation 

15 of Children Today Act of 2003 (Public Law 108–21); the 

16 Juvenile Justice and Delinquency Prevention Act of 1974 

17 (34 U.S.C. 11101 et seq.) (‘‘the 1974 Act’’); the Victims 

18 of Trafficking and Violence Protection Act of 2000 (Public 

19 Law 106–386) (‘‘the 2000 Act’’); the Violence Against 

20 Women and Department of Justice Reauthorization Act 

21 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Vio22 lence Against Women Reauthorization Act of 2013 (Public 

23 Law 113–4) (‘‘the 2013 Act’’); and the Rape Survivor 

24 Child Custody Act of 2015 (Public Law 114–22) (‘‘the 

25 2015 Act’’); and for related victims services, 

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1 $492,000,000, to remain available until expended, which 

2 shall be derived by transfer from amounts available for 

3 obligation in this Act from the Fund established by section 

4 1402 of chapter XIV of title II of Public Law 98–473 

5 (34 U.S.C. 20101), notwithstanding section 1402(d) of 

6 such Act of 1984, and merged with the amounts otherwise 

7 made available under this heading: Provided, That except 

8 as otherwise provided by law, not to exceed 5 percent of 

9 funds made available under this heading may be used for 

10 expenses related to evaluation, training, and technical as11 sistance: Provided further, That of the amount provided— 

12 (1) $215,000,000 is for grants to combat vio13 lence against women, as authorized by part T of the 

14 1968 Act; 

15 (2) $35,000,000 is for transitional housing as16 sistance grants for victims of domestic violence, dat17 ing violence, stalking, or sexual assault as authorized 

18 by section 40299 of the 1994 Act; 

19 (3) $3,500,000 is for the National Institute of 

20 Justice for research and evaluation of violence 

21 against women and related issues addressed by 

22 grant programs of the Office on Violence Against 

23 Women, which shall be transferred to ‘‘Research, 

24 Evaluation and Statistics’’ for administration by the 

25 Office of Justice Programs; 

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1 (4) $11,000,000 is for a grant program to pro2 vide services to advocate for and respond to youth 

3 victims of domestic violence, dating violence, sexual 

4 assault, and stalking; assistance to children and 

5 youth exposed to such violence; programs to engage 

6 men and youth in preventing such violence; and as7 sistance to middle and high school students through 

8 education and other services related to such violence: 

9 Provided, That unobligated balances available for 

10 the programs authorized by sections 41201, 41204, 

11 41303, and 41305 of the 1994 Act, prior to its 

12 amendment by the 2013 Act, shall be available for 

13 this program: Provided further, That 10 percent of 

14 the total amount available for this grant program 

15 shall be available for grants under the program au16 thorized by section 2015 of the 1968 Act: Provided 

17 further, That the definitions and grant conditions in 

18 section 40002 of the 1994 Act shall apply to this 

19 program; 

20 (5) $53,000,000 is for grants to encourage ar21 rest policies as authorized by part U of the 1968 

22 Act, of which $4,000,000 is for a homicide reduction 

23 initiative; 

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1 (6) $35,000,000 is for sexual assault victims 

2 assistance, as authorized by section 41601 of the 

3 1994 Act; 

4 (7) $40,000,000 is for rural domestic violence 

5 and child abuse enforcement assistance grants, as 

6 authorized by section 40295 of the 1994 Act; 

7 (8) $20,000,000 is for grants to reduce violent 

8 crimes against women on campus, as authorized by 

9 section 304 of the 2005 Act; 

10 (9) $45,000,000 is for legal assistance for vic11 tims, as authorized by section 1201 of the 2000 Act; 

12 (10) $5,000,000 is for enhanced training and 

13 services to end violence against and abuse of women 

14 in later life, as authorized by section 40802 of the 

15 1994 Act; 

16 (11) $16,000,000 is for grants to support fami17 lies in the justice system, as authorized by section 

18 1301 of the 2000 Act: Provided, That unobligated 

19 balances available for the programs authorized by 

20 section 1301 of the 2000 Act and section 41002 of 

21 the 1994 Act, prior to their amendment by the 2013 

22 Act, shall be available for this program; 

23 (12) $6,000,000 is for education and training 

24 to end violence against and abuse of women with 

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1 disabilities, as authorized by section 1402 of the 

2 2000 Act; 

3 (13) $500,000 is for the National Resource 

4 Center on Workplace Responses to assist victims of 

5 domestic violence, as authorized by section 41501 of 

6 the 1994 Act; 

7 (14) $1,000,000 is for analysis and research on 

8 violence against Indian women, including as author9 ized by section 904 of the 2005 Act: Provided, That 

10 such funds may be transferred to ‘‘Research, Eval11 uation and Statistics’’ for administration by the Of12 fice of Justice Programs; 

13 (15) $500,000 is for a national clearinghouse 

14 that provides training and technical assistance on 

15 issues relating to sexual assault of American Indian 

16 and Alaska Native women; 

17 (16) $4,000,000 is for grants to assist tribal 

18 governments in exercising special domestic violence 

19 criminal jurisdiction, as authorized by section 904 of 

20 the 2013 Act: Provided, That the grant conditions in 

21 section 40002(b) of the 1994 Act shall apply to this 

22 program; and 

23 (17) $1,500,000 for the purposes authorized 

24 under the 2015 Act. 

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1 OFFICE OF JUSTICE PROGRAMS

2 RESEARCH, EVALUATION AND STATISTICS

3 For grants, contracts, cooperative agreements, and 

4 other assistance authorized by title I of the Omnibus 

5 Crime Control and Safe Streets Act of 1968 (‘‘the 1968 

6 Act’’); the Juvenile Justice and Delinquency Prevention 

7 Act of 1974 (‘‘the 1974 Act’’); the Missing Children’s As8 sistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial 

9 Remedies and Other Tools to end the Exploitation of Chil10 dren Today Act of 2003 (Public Law 108–21); the Justice 

11 for All Act of 2004 (Public Law 108–405); the Violence 

12 Against Women and Department of Justice Reauthoriza13 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 

14 the Victims of Child Abuse Act of 1990 (Public Law 101– 

15 647); the Second Chance Act of 2007 (Public Law 110– 

16 199); the Victims of Crime Act of 1984 (Public Law 98– 

17 473); the Adam Walsh Child Protection and Safety Act 

18 of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); 

19 the PROTECT Our Children Act of 2008 (Public Law 

20 110–401); subtitle D of title II of the Homeland Security 

21 Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the 

22 NICS Improvement Amendments Act of 2007 (Public 

23 Law 110–180); the Violence Against Women Reauthoriza24 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); 

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1 and other programs, $90,000,000, to remain available 

2 until expended, of which— 

3 (1) $48,000,000 is for criminal justice statistics 

4 programs, and other activities, as authorized by part 

5 C of title I of the 1968 Act, of which $5,000,000 is 

6 for a nationwide incident-based crime statistics pro7 gram; and 

8 (2) $42,000,000 is for research, development, 

9 and evaluation programs, and other activities as au10 thorized by part B of title I of the 1968 Act and 

11 subtitle D of title II of the 2002 Act, of which 

12 $4,000,000 is for research targeted toward devel13 oping a better understanding of the domestic 

14 radicalization phenomenon, and advancing evidence15 based strategies for effective intervention and pre16 vention. 

17 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

18 (INCLUDING TRANSFER OF FUNDS)

19 For grants, contracts, cooperative agreements, and 

20 other assistance authorized by the Violent Crime Control 

21 and Law Enforcement Act of 1994 (Public Law 103–322) 

22 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

23 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 

24 Act of 2004 (Public Law 108–405); the Victims of Child 

25 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 

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1 Act’’); the Trafficking Victims Protection Reauthorization 

2 Act of 2005 (Public Law 109–164); the Violence Against 

3 Women and Department of Justice Reauthorization Act 

4 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the 

5 Adam Walsh Child Protection and Safety Act of 2006 

6 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Vic7 tims of Trafficking and Violence Protection Act of 2000 

8 (Public Law 106–386); the NICS Improvement Amend9 ments Act of 2007 (Public Law 110–180); subtitle D of 

10 title II of the Homeland Security Act of 2002 (Public Law 

11 107–296) (‘‘the 2002 Act’’); the Second Chance Act of 

12 2007 (Public Law 110–199); the Prioritizing Resources 

13 and Organization for Intellectual Property Act of 2008 

14 (Public Law 110–403); the Victims of Crime Act of 1984 

15 (Public Law 98–473); the Mentally Ill Offender Treat16 ment and Crime Reduction Reauthorization and Improve17 ment Act of 2008 (Public Law 110–416); the Violence 

18 Against Women Reauthorization Act of 2013 (Public Law 

19 113–4) (‘‘the 2013 Act’’); the Comprehensive Addiction 

20 and Recovery Act of 2016 (Public Law 114–198) 

21 (‘‘CARA’’); the Justice for All Reauthorization Act of 

22 2016 (Public Law 114–324); and other programs, 

23 $1,677,500,000, to remain available until expended as fol24 lows— 

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1 (1) $415,500,000 for the Edward Byrne Memo2 rial Justice Assistance Grant program as authorized 

3 by subpart 1 of part E of title I of the 1968 Act 

4 (except that section 1001(c), and the special rules 

5 for Puerto Rico under section 505(g) of title I of the 

6 1968 Act shall not apply for purposes of this Act), 

7 of which, notwithstanding such subpart 1, 

8 $10,000,000 is for the Officer Robert Wilson III 

9 Memorial Initiative on Preventing Violence Against 

10 Law Enforcement Officer Resilience and Surviv11 ability (VALOR), $5,000,000 is for an initiative to 

12 support evidence-based policing, $2,500,000 is for 

13 an initiative to enhance prosecutorial decision-mak14 ing, $2,400,000 is for the operationalization, mainte15 nance and expansion of the National Missing and 

16 Unidentified Persons System, $2,500,000 is for a 

17 national training initiative to improve police-based 

18 responses to people with mental illness or develop19 mental disabilities, $20,000,000 is for competitive 

20 and evidence-based programs to reduce gun crime 

21 and gang violence, $2,000,000 is for a student loan 

22 repayment assistance program pursuant to section 

23 952 of Public Law 110–315, $15,500,000 is for 

24 prison rape prevention and prosecution grants to 

25 states and units of local government, and other proMarch 21, 2018 (6:08 p.m.)
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1 grams, as authorized by the Prison Rape Elimi2 nation Act of 2003 (Public Law 108–79), and 

3 $16,000,000 is for emergency law enforcement as4 sistance for events occurring during or after fiscal 

5 year 2018, as authorized by section 609M of the 

6 Justice Assistance Act of 1984 (34 U.S.C. 50101); 

7 (2) $240,000,000 for the State Criminal Alien 

8 Assistance Program, as authorized by section 

9 241(i)(5) of the Immigration and Nationality Act (8 

10 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 

11 shall request compensation for any cost greater than 

12 the actual cost for Federal immigration and other 

13 detainees housed in State and local detention facili14 ties; 

15 (3) $77,000,000 for victim services programs 

16 for victims of trafficking, as authorized by section 

17 107(b)(2) of Public Law 106–386, for programs au18 thorized under Public Law 109–164, or programs 

19 authorized under Public Law 113–4; 

20 (4) $3,000,000 for the Capital Litigation Im21 provement Grant Program, as authorized by section 

22 426 of Public Law 108–405, and for grants for 

23 wrongful conviction review; 

24 (5) $14,000,000 for economic, high technology, 

25 white collar and Internet crime prevention grants, 

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1 including as authorized by section 401 of Public 

2 Law 110–403; 

3 (6) $20,000,000 for sex offender management 

4 assistance, as authorized by the Adam Walsh Act, 

5 and related activities; 

6 (7) $22,500,000 for the matching grant pro7 gram for law enforcement armor vests, as authorized 

8 by section 2501 of title I of the 1968 Act: Provided, 

9 That $1,500,000 is transferred directly to the Na10 tional Institute of Standards and Technology’s Of11 fice of Law Enforcement Standards for research, 

12 testing and evaluation programs; 

13 (8) $1,000,000 for the National Sex Offender 

14 Public Website; 

15 (9) $75,000,000 for grants to States to up16 grade criminal and mental health records for the 

17 National Instant Criminal Background Check Sys18 tem, of which no less than $25,000,000 shall be for 

19 grants made under the authorities of the NICS Im20 provement Amendments Act of 2007 (Public Law 

21 110–180); 

22 (10) $30,000,000 for Paul Coverdell Forensic 

23 Sciences Improvement Grants under part BB of title 

24 I of the 1968 Act; 

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1 (11) $130,000,000 for DNA-related and foren2 sic programs and activities, of which— 

3 (A) $120,000,000 is for a DNA analysis 

4 and capacity enhancement program and for 

5 other local, State, and Federal forensic activi6 ties, including the purposes authorized under 

7 section 2 of the DNA Analysis Backlog Elimi8 nation Act of 2000 (Public Law 106–546) (the 

9 Debbie Smith DNA Backlog Grant Program): 

10 Provided, That up to 4 percent of funds made 

11 available under this paragraph may be used for 

12 the purposes described in the DNA Training 

13 and Education for Law Enforcement, Correc14 tional Personnel, and Court Officers program 

15 (Public Law 108–405, section 303); 

16 (B) $6,000,000 is for the purposes de17 scribed in the Kirk Bloodsworth Post-Convic18 tion DNA Testing Grant Program (Public Law 

19 108–405, section 412); and 

20 (C) $4,000,000 is for Sexual Assault Fo21 rensic Exam Program grants, including as au22 thorized by section 304 of Public Law 108–405; 

23 (12) $47,500,000 for a grant program for com24 munity-based sexual assault response reform; 

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1 (13) $12,000,000 for the court-appointed spe2 cial advocate program, as authorized by section 217 

3 of the 1990 Act; 

4 (14) $35,000,000 for assistance to Indian 

5 tribes; 

6 (15) $85,000,000 for offender reentry programs 

7 and research, as authorized by the Second Chance 

8 Act of 2007 (Public Law 110–199), without regard 

9 to the time limitations specified at section 6(1) of 

10 such Act, of which not to exceed $6,000,000 is for 

11 a program to improve State, local, and tribal proba12 tion or parole supervision efforts and strategies, 

13 $5,000,000 is for Children of Incarcerated Parents 

14 Demonstrations to enhance and maintain parental 

15 and family relationships for incarcerated parents as 

16 a reentry or recidivism reduction strategy, and 

17 $4,000,000 is for additional replication sites employ18 ing the Project HOPE Opportunity Probation with 

19 Enforcement model implementing swift and certain 

20 sanctions in probation, and for a research project on 

21 the effectiveness of the model: Provided, That up to 

22 $7,500,000 of funds made available in this para23 graph may be used for performance-based awards 

24 for Pay for Success projects, of which up to 

25 $5,000,000 shall be for Pay for Success programs 

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1 implementing the Permanent Supportive Housing 

2 Model; 

3 (16) $75,000,000 for the Comprehensive School 

4 Safety Initiative; 

5 (17) $65,000,000 for initiatives to improve po6 lice-community relations, of which $22,500,000 is 

7 for a competitive matching grant program for pur8 chases of body-worn cameras for State, local and 

9 tribal law enforcement, $25,000,000 is for a justice 

10 reinvestment initiative, for activities related to crimi11 nal justice reform and recidivism reduction, and 

12 $17,500,000 is for an Edward Byrne Memorial 

13 criminal justice innovation program; and 

14 (18) $330,000,000 for comprehensive opioid 

15 abuse reduction activities, including as authorized by 

16 CARA, and for the following programs, which shall 

17 address opioid abuse reduction consistent with un18 derlying program authorities— 

19 (A) $75,000,000 for Drug Courts, as au20 thorized by section 1001(a)(25)(A) of title I of 

21 the 1968 Act; 

22 (B) $30,000,000 for mental health courts 

23 and adult and juvenile collaboration program 

24 grants, as authorized by parts V and HH of 

25 title I of the 1968 Act, and the Mentally Ill OfMarch 21, 2018 (6:08 p.m.)
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1 fender Treatment and Crime Reduction Reau2 thorization and Improvement Act of 2008 (Pub3 lic Law 110–416); 

4 (C) $30,000,000 for grants for Residential 

5 Substance Abuse Treatment for State Pris6 oners, as authorized by part S of title I of the 

7 1968 Act; 

8 (D) $20,000,000 for a veterans treatment 

9 courts program; 

10 (E) $30,000,000 for a program to monitor 

11 prescription drugs and scheduled listed chemical 

12 products; and 

13 (F) $145,000,000 for a comprehensive 

14 opioid abuse program: 

15 Provided, That, if a unit of local government uses any of 

16 the funds made available under this heading to increase 

17 the number of law enforcement officers, the unit of local 

18 government will achieve a net gain in the number of law 

19 enforcement officers who perform non-administrative pub20 lic sector safety service. 

21 JUVENILE JUSTICE PROGRAMS

22 For grants, contracts, cooperative agreements, and 

23 other assistance authorized by the Juvenile Justice and 

24 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the 

25 Omnibus Crime Control and Safe Streets Act of 1968 

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1 (‘‘the 1968 Act’’); the Violence Against Women and De2 partment of Justice Reauthorization Act of 2005 (Public 

3 Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s 

4 Assistance Act (34 U.S.C. 11291 et seq.); the Prosecu5 torial Remedies and Other Tools to end the Exploitation 

6 of Children Today Act of 2003 (Public Law 108–21); the 

7 Victims of Child Abuse Act of 1990 (Public Law 101– 

8 647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection 

9 and Safety Act of 2006 (Public Law 109–248) (‘‘the 

10 Adam Walsh Act’’); the PROTECT Our Children Act of 

11 2008 (Public Law 110–401); the Violence Against Women 

12 Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 

13 2013 Act’’); the Justice for All Reauthorization Act of 

14 2016 (Public Law 114-324); and other juvenile justice 

15 programs, $282,500,000, to remain available until ex16 pended as follows— 

17 (1) $60,000,000 for programs authorized by 

18 section 221 of the 1974 Act, and for training and 

19 technical assistance to assist small, nonprofit organi20 zations with the Federal grants process: Provided, 

21 That of the amounts provided under this paragraph, 

22 $500,000 shall be for a competitive demonstration 

23 grant program to support emergency planning 

24 among State, local and tribal juvenile justice resi25 dential facilities; 

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1 (2) $94,000,000 for youth mentoring grants; 

2 (3) $27,500,000 for delinquency prevention, as 

3 authorized by section 505 of the 1974 Act, of which, 

4 pursuant to sections 261 and 262 thereof— 

5 (A) $5,000,000 shall be for the Tribal 

6 Youth Program; 

7 (B) $4,000,000 shall be for gang and 

8 youth violence education, prevention and inter9 vention, and related activities; 

10 (C) $500,000 shall be for an Internet site 

11 providing information and resources on children 

12 of incarcerated parents; 

13 (D) $2,000,000 shall be for competitive 

14 grants focusing on girls in the juvenile justice 

15 system; 

16 (E) $8,000,000 shall be for community17 based violence prevention initiatives, including 

18 for public health approaches to reducing shoot19 ings and violence; and 

20 (F) $8,000,000 shall be for an opioid-af21 fected youth initiative; 

22 (4) $21,000,000 for programs authorized by 

23 the Victims of Child Abuse Act of 1990; 

24 (5) $76,000,000 for missing and exploited chil25 dren programs, including as authorized by sections 

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1 404(b) and 405(a) of the 1974 Act (except that sec2 tion 102(b)(4)(B) of the PROTECT Our Children 

3 Act of 2008 (Public Law 110–401) shall not apply 

4 for purposes of this Act); 

5 (6) $2,000,000 for child abuse training pro6 grams for judicial personnel and practitioners, as 

7 authorized by section 222 of the 1990 Act; and 

8 (7) $2,000,000 for a program to improve juve9 nile indigent defense: 

10 Provided, That not more than 10 percent of each amount 

11 may be used for research, evaluation, and statistics activi12 ties designed to benefit the programs or activities author13 ized: Provided further, That not more than 2 percent of 

14 the amounts designated under paragraphs (1) through (3) 

15 and (6) may be used for training and technical assistance: 

16 Provided further, That the two preceding provisos shall not 

17 apply to grants and projects administered pursuant to sec18 tions 261 and 262 of the 1974 Act and to missing and 

19 exploited children programs. 

20 PUBLIC SAFETY OFFICER BENEFITS

21 (INCLUDING TRANSFER OF FUNDS)

22 For payments and expenses authorized under section 

23 1001(a)(4) of title I of the Omnibus Crime Control and 

24 Safe Streets Act of 1968, such sums as are necessary (in25 cluding amounts for administrative costs), to remain availMarch 21, 2018 (6:08 p.m.)
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1 able until expended; and $24,800,000 for payments au2 thorized by section 1201(b) of such Act and for edu3 cational assistance authorized by section 1218 of such Act, 

4 to remain available until expended: Provided, That not5 withstanding section 205 of this Act, upon a determina6 tion by the Attorney General that emergent circumstances 

7 require additional funding for such disability and edu8 cation payments, the Attorney General may transfer such 

9 amounts to ‘‘Public Safety Officer Benefits’’ from avail10 able appropriations for the Department of Justice as may 

11 be necessary to respond to such circumstances: Provided 

12 further, That any transfer pursuant to the preceding pro13 viso shall be treated as a reprogramming under section 

14 505 of this Act and shall not be available for obligation 

15 or expenditure except in compliance with the procedures 

16 set forth in that section. 

17 COMMUNITY ORIENTED POLICING SERVICES

18 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

19 (INCLUDING TRANSFER OF FUNDS)

20 For activities authorized by the Violent Crime Con21 trol and Law Enforcement Act of 1994 (Public Law 103– 

22 322); the Omnibus Crime Control and Safe Streets Act 

23 of 1968 (‘‘the 1968 Act’’); and the Violence Against 

24 Women and Department of Justice Reauthorization Act 

25 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’), 

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1 $275,500,000, to remain available until expended: Pro2 vided, That any balances made available through prior 

3 year deobligations shall only be available in accordance 

4 with section 505 of this Act: Provided further, That of the 

5 amount provided under this heading— 

6 (1) $225,500,000 is for grants under section 

7 1701 of title I of the 1968 Act (34 U.S.C. 10381) 

8 for the hiring and rehiring of additional career law 

9 enforcement officers under part Q of such title not10 withstanding subsection (i) of such section: Pro11 vided, That, notwithstanding section 1704(c) of such 

12 title (34 U.S.C. 10384(c)), funding for hiring or re13 hiring a career law enforcement officer may not ex14 ceed $125,000 unless the Director of the Office of 

15 Community Oriented Policing Services grants a 

16 waiver from this limitation: Provided further, That 

17 within the amounts appropriated under this para18 graph, $30,000,000 is for improving tribal law en19 forcement, including hiring, equipment, training, 

20 anti-methamphetamine activities, and anti-opioid ac21 tivities: Provided further, That of the amounts ap22 propriated under this paragraph, $10,000,000 is for 

23 community policing development activities in fur24 therance of the purposes in section 1701: Provided 

25 further, That of the amounts appropriated under 

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1 this paragraph $36,000,000 is for regional informa2 tion sharing activities, as authorized by part M of 

3 title I of the 1968 Act, which shall be transferred 

4 to and merged with ‘‘Research, Evaluation, and Sta5 tistics’’ for administration by the Office of Justice 

6 Programs; 

7 (2) $10,000,000 is for activities authorized by 

8 the POLICE Act of 2016 (Public Law 114–199); 

9 (3) $8,000,000 is for competitive grants to 

10 State law enforcement agencies in States with high 

11 seizures of precursor chemicals, finished meth12 amphetamine, laboratories, and laboratory dump sei13 zures: Provided, That funds appropriated under this 

14 paragraph shall be utilized for investigative purposes 

15 to locate or investigate illicit activities, including 

16 precursor diversion, laboratories, or methamphet17 amine traffickers; and 

18 (4) $32,000,000 is for competitive grants to 

19 statewide law enforcement agencies in States with 

20 high rates of primary treatment admissions for her21 oin and other opioids: Provided, That these funds 

22 shall be utilized for investigative purposes to locate 

23 or investigate illicit activities, including activities re24 lated to the distribution of heroin or unlawful dis25 tribution of prescription opioids, or unlawful heroin 

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1 and prescription opioid traffickers through statewide 

2 collaboration. 

3 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 201. In addition to amounts otherwise made 

6 available in this title for official reception and representa7 tion expenses, a total of not to exceed $50,000 from funds 

8 appropriated to the Department of Justice in this title 

9 shall be available to the Attorney General for official re10 ception and representation expenses. 

11 SEC. 202. None of the funds appropriated by this 

12 title shall be available to pay for an abortion, except where 

13 the life of the mother would be endangered if the fetus 

14 were carried to term, or in the case of rape or incest: Pro15 vided, That should this prohibition be declared unconstitu16 tional by a court of competent jurisdiction, this section 

17 shall be null and void. 

18 SEC. 203. None of the funds appropriated under this 

19 title shall be used to require any person to perform, or 

20 facilitate in any way the performance of, any abortion. 

21 SEC. 204. Nothing in the preceding section shall re22 move the obligation of the Director of the Bureau of Pris23 ons to provide escort services necessary for a female in24 mate to receive such service outside the Federal facility: 

25 Provided, That nothing in this section in any way diminMarch 21, 2018 (6:08 p.m.)
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1 ishes the effect of section 203 intended to address the phil2 osophical beliefs of individual employees of the Bureau of 

3 Prisons. 

4 SEC. 205. Not to exceed 5 percent of any appropria5 tion made available for the current fiscal year for the De6 partment of Justice in this Act may be transferred be7 tween such appropriations, but no such appropriation, ex8 cept as otherwise specifically provided, shall be increased 

9 by more than 10 percent by any such transfers: Provided, 

10 That any transfer pursuant to this section shall be treated 

11 as a reprogramming of funds under section 505 of this 

12 Act and shall not be available for obligation except in com13 pliance with the procedures set forth in that section. 

14 SEC. 206. None of the funds made available under 

15 this title may be used by the Federal Bureau of Prisons 

16 or the United States Marshals Service for the purpose of 

17 transporting an individual who is a prisoner pursuant to 

18 conviction for crime under State or Federal law and is 

19 classified as a maximum or high security prisoner, other 

20 than to a prison or other facility certified by the Federal 

21 Bureau of Prisons as appropriately secure for housing 

22 such a prisoner. 

23 SEC. 207. (a) None of the funds appropriated by this 

24 Act may be used by Federal prisons to purchase cable tele25 vision services, or to rent or purchase audiovisual or elecMarch 21, 2018 (6:08 p.m.)
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1 tronic media or equipment used primarily for recreational 

2 purposes. 

3 (b) Subsection (a) does not preclude the rental, main4 tenance, or purchase of audiovisual or electronic media or 

5 equipment for inmate training, religious, or educational 

6 programs. 

7 SEC. 208. None of the funds made available under 

8 this title shall be obligated or expended for any new or 

9 enhanced information technology program having total es10 timated development costs in excess of $100,000,000, un11 less the Deputy Attorney General and the investment re12 view board certify to the Committees on Appropriations 

13 of the House of Representatives and the Senate that the 

14 information technology program has appropriate program 

15 management controls and contractor oversight mecha16 nisms in place, and that the program is compatible with 

17 the enterprise architecture of the Department of Justice. 

18 SEC. 209. The notification thresholds and procedures 

19 set forth in section 505 of this Act shall apply to devi20 ations from the amounts designated for specific activities 

21 in this Act and in the explanatory statement described in 

22 section 4 (in the matter preceding division A of this con23 solidated Act), and to any use of deobligated balances of 

24 funds provided under this title in previous years. 

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1 SEC. 210. None of the funds appropriated by this Act 

2 may be used to plan for, begin, continue, finish, process, 

3 or approve a public-private competition under the Office 

4 of Management and Budget Circular A–76 or any suc5 cessor administrative regulation, directive, or policy for 

6 work performed by employees of the Bureau of Prisons 

7 or of Federal Prison Industries, Incorporated. 

8 SEC. 211. Notwithstanding any other provision of 

9 law, no funds shall be available for the salary, benefits, 

10 or expenses of any United States Attorney assigned dual 

11 or additional responsibilities by the Attorney General or 

12 his designee that exempt that United States Attorney 

13 from the residency requirements of section 545 of title 28, 

14 United States Code. 

15 SEC. 212. At the discretion of the Attorney General, 

16 and in addition to any amounts that otherwise may be 

17 available (or authorized to be made available) by law, with 

18 respect to funds appropriated by this title under the head19 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and 

20 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus21 tice Programs’’— 

22 (1) up to 3 percent of funds made available to 

23 the Office of Justice Programs for grant or reim24 bursement programs may be used by such Office to 

25 provide training and technical assistance; and 

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1 (2) up to 2 percent of funds made available for 

2 grant or reimbursement programs under such head3 ings, except for amounts appropriated specifically for 

4 research, evaluation, or statistical programs adminis5 tered by the National Institute of Justice and the 

6 Bureau of Justice Statistics, shall be transferred to 

7 and merged with funds provided to the National In8 stitute of Justice and the Bureau of Justice Statis9 tics, to be used by them for research, evaluation, or 

10 statistical purposes, without regard to the authoriza11 tions for such grant or reimbursement programs. 

12 SEC. 213. Upon request by a grantee for whom the 

13 Attorney General has determined there is a fiscal hard14 ship, the Attorney General may, with respect to funds ap15 propriated in this or any other Act making appropriations 

16 for fiscal years 2015 through 2018 for the following pro17 grams, waive the following requirements: 

18 (1) For the adult and juvenile offender State 

19 and local reentry demonstration projects under part 

20 FF of title I of the Omnibus Crime Control and 

21 Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.), 

22 the requirements under section 2976(g)(1) of such 

23 part (34 U.S.C. 10631(g)(1)). 

24 (2) For State, Tribal, and local reentry courts 

25 under part FF of title I of such Act of 1968 (34 

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1 U.S.C. 10631 et seq.), the requirements under sec2 tion 2978(e)(1) and (2) of such part (34 U.S.C. 

3 10633(e)(1) and (2)). 

4 (3) For the prosecution drug treatment alter5 natives to prison program under part CC of title I 

6 of such Act of 1968 (34 U.S.C. 10581), the require7 ments under the second sentence of section 2901(f) 

8 of such part (34 U.S.C. 10581(f)). 

9 SEC. 214. Notwithstanding any other provision of 

10 law, section 20109(a) of subtitle A of title II of the Violent 

11 Crime Control and Law Enforcement Act of 1994 (34 

12 U.S.C. 12109(a)) shall not apply to amounts made avail13 able by this or any other Act. 

14 SEC. 215. None of the funds made available under 

15 this Act, other than for the national instant criminal back16 ground check system established under section 103 of the 

17 Brady Handgun Violence Prevention Act (34 U.S.C. 

18 40901), may be used by a Federal law enforcement officer 

19 to facilitate the transfer of an operable firearm to an indi20 vidual if the Federal law enforcement officer knows or sus21 pects that the individual is an agent of a drug cartel, un22 less law enforcement personnel of the United States con23 tinuously monitor or control the firearm at all times. 

24 SEC. 216. (a) None of the income retained in the De25 partment of Justice Working Capital Fund pursuant to 

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1 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 

2 527 note) shall be available for obligation during fiscal 

3 year 2018, except up to $40,000,000 may be obligated for 

4 implementation of a unified Department of Justice finan5 cial management system. 

6 (b) Not to exceed $30,000,000 of the unobligated bal7 ances transferred to the capital account of the Department 

8 of Justice Working Capital Fund pursuant to title I of 

9 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) 

10 shall be available for obligation in fiscal year 2018, and 

11 any use, obligation, transfer or allocation of such funds 

12 shall be treated as a reprogramming of funds under sec13 tion 505 of this Act. 

14 (c) Not to exceed $10,000,000 of the excess unobli15 gated balances available under section 524(c)(8)(E) of 

16 title 28, United States Code, shall be available for obliga17 tion during fiscal year 2018, and any use, obligation, 

18 transfer or allocation of such funds shall be treated as a 

19 reprogramming of funds under section 505 of this Act. 

20 SEC. 217. Discretionary funds that are made avail21 able in this Act for the Office of Justice Programs may 

22 be used to participate in Performance Partnership Pilots 

23 authorized under section 526 of division H of Public Law 

24 113–76, section 524 of division G of Public Law 113–235, 

25 section 525 of division H of Public Law 114–113, and 

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1 such authorities as are enacted for Performance Partner2 ship Pilots in an appropriations Act for fiscal years 2017 

3 and 2018. 

4 This title may be cited as the ‘‘Department of Justice 

5 Appropriations Act, 2018’’. 

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1 TITLE III 

2 SCIENCE 

3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

4 For necessary expenses of the Office of Science and 

5 Technology Policy, in carrying out the purposes of the Na6 tional Science and Technology Policy, Organization, and 

7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of 

8 passenger motor vehicles, and services as authorized by 

9 section 3109 of title 5, United States Code, not to exceed 

10 $2,250 for official reception and representation expenses, 

11 and rental of conference rooms in the District of Colum12 bia, $5,544,000. 

13 NATIONAL SPACE COUNCIL

14 For necessary expenses of the National Space Coun15 cil, in carrying out the purposes of Title V of Public Law 

16 100-685 and Executive Order 13803, hire of passenger 

17 motor vehicles, and services as authorized by section 3109 

18 of title 5, United States Code, not to exceed $2,250 for 

19 official reception and representation expenses, 

20 $1,965,000: Provided, That notwithstanding any other 

21 provision of law, the National Space Council may accept 

22 personnel support from Federal agencies, departments, 

23 and offices, and such Federal agencies, departments, and 

24 offices may detail staff without reimbursement to the Na25 tional Space Council for purposes provided herein. 

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1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

2 SCIENCE

3 For necessary expenses, not otherwise provided for, 

4 in the conduct and support of science research and devel5 opment activities, including research, development, oper6 ations, support, and services; maintenance and repair, fa7 cility planning and design; space flight, spacecraft control, 

8 and communications activities; program management; per9 sonnel and related costs, including uniforms or allowances 

10 therefor, as authorized by sections 5901 and 5902 of title 

11 5, United States Code; travel expenses; purchase and hire 

12 of passenger motor vehicles; and purchase, lease, charter, 

13 maintenance, and operation of mission and administrative 

14 aircraft, $6,221,500,000, to remain available until Sep15 tember 30, 2019: Provided, That the formulation and de16 velopment costs (with development cost as defined under 

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

18 James Webb Space Telescope shall not exceed 

19 $8,000,000,000: Provided further, That should the indi20 vidual identified under subsection (c)(2)(E) of section 

21 30104 of title 51, United States Code, as responsible for 

22 the James Webb Space Telescope determine that the de23 velopment cost of the program is likely to exceed that limi24 tation, the individual shall immediately notify the Admin25 istrator and the increase shall be treated as if it meets 

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1 the 30 percent threshold described in subsection (f) of sec2 tion 30104: Provided further, That, of the amounts pro3 vided, $595,000,000 is for an orbiter and a lander to meet 

4 the science goals for the Jupiter Europa mission as out5 lined in the most recent planetary science decadal survey: 

6 Provided further, That the National Aeronautics and 

7 Space Administration shall use the Space Launch System 

8 as the launch vehicles for the Jupiter Europa mission, 

9 plan for an orbiter launch no later than 2022 and a lander 

10 launch no later than 2024, and include in the fiscal year 

11 2020 budget the 5-year funding profile necessary to 

12 achieve these goals. 

13 AERONAUTICS

14 For necessary expenses, not otherwise provided for, 

15 in the conduct and support of aeronautics research and 

16 development activities, including research, development, 

17 operations, support, and services; maintenance and repair, 

18 facility planning and design; space flight, spacecraft con19 trol, and communications activities; program manage20 ment; personnel and related costs, including uniforms or 

21 allowances therefor, as authorized by sections 5901 and 

22 5902 of title 5, United States Code; travel expenses; pur23 chase and hire of passenger motor vehicles; and purchase, 

24 lease, charter, maintenance, and operation of mission and 

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1 administrative aircraft, $685,000,000, to remain available 

2 until September 30, 2019. 

3 SPACE TECHNOLOGY

4 For necessary expenses, not otherwise provided for, 

5 in the conduct and support of space technology research 

6 and development activities, including research, develop7 ment, operations, support, and services; maintenance and 

8 repair, facility planning and design; space flight, space9 craft control, and communications activities; program 

10 management; personnel and related costs, including uni11 forms or allowances therefor, as authorized by sections 

12 5901 and 5902 of title 5, United States Code; travel ex13 penses; purchase and hire of passenger motor vehicles; and 

14 purchase, lease, charter, maintenance, and operation of 

15 mission and administrative aircraft, $760,000,000, to re16 main available until September 30, 2019: Provided, That 

17 $130,000,000 shall be for RESTORE. 

18 EXPLORATION

19 For necessary expenses, not otherwise provided for, 

20 in the conduct and support of exploration research and 

21 development activities, including research, development, 

22 operations, support, and services; maintenance and repair, 

23 facility planning and design; space flight, spacecraft con24 trol, and communications activities; program manage25 ment; personnel and related costs, including uniforms or 

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1 allowances therefor, as authorized by sections 5901 and 

2 5902 of title 5, United States Code; travel expenses; pur3 chase and hire of passenger motor vehicles; and purchase, 

4 lease, charter, maintenance, and operation of mission and 

5 administrative aircraft, $4,790,000,000, to remain avail6 able until September 30, 2019: Provided, That not less 

7 than $1,350,000,000 shall be for the Orion Multi-Purpose 

8 Crew Vehicle: Provided further, That not less than 

9 $2,150,000,000 shall be for the Space Launch System 

10 (SLS) launch vehicle, which shall have a lift capability not 

11 less than 130 metric tons and which shall have core ele12 ments and an Exploration Upper Stage developed simulta13 neously: Provided further, That of the amounts provided 

14 for SLS, not less than $300,000,000 shall be for Explo15 ration Upper Stage development: Provided further, That 

16 $895,000,000 shall be for Exploration Ground Systems, 

17 including $350,000,000 for a second mobile launch plat18 form and associated SLS activities: Provided further, That 

19 the National Aeronautics and Space Administration 

20 (NASA) shall provide to the Committees on Appropria21 tions of the House of Representatives and the Senate, con22 current with the annual budget submission, a 5-year budg23 et profile for an integrated system that includes the Space 

24 Launch System, the Orion Multi-Purpose Crew Vehicle, 

25 and associated ground systems that will ensure an ExploMarch 21, 2018 (6:08 p.m.)
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1 ration Mission-2 crewed launch as early as possible, as 

2 well as a system-based funding profile for a sustained 

3 launch cadence beyond the initial crewed test launch: Pro4 vided further, That acquisition of Orion crew vehicles, SLS 

5 launch vehicles, Exploration Ground Systems, mobile 

6 launch platforms, and their associated components may be 

7 funded incrementally in fiscal year 2018 and thereafter: 

8 Provided further, That $395,000,000 shall be for explo9 ration research and development. 

10 SPACE OPERATIONS

11 For necessary expenses, not otherwise provided for, 

12 in the conduct and support of space operations research 

13 and development activities, including research, develop14 ment, operations, support and services; space flight, space15 craft control and communications activities, including op16 erations, production, and services; maintenance and re17 pair, facility planning and design; program management; 

18 personnel and related costs, including uniforms or allow19 ances therefor, as authorized by sections 5901 and 5902 

20 of title 5, United States Code; travel expenses; purchase 

21 and hire of passenger motor vehicles; and purchase, lease, 

22 charter, maintenance and operation of mission and admin23 istrative aircraft, $4,751,500,000, to remain available 

24 until September 30, 2019. 

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1 EDUCATION

2 For necessary expenses, not otherwise provided for, 

3 in the conduct and support of aerospace and aeronautical 

4 education research and development activities, including 

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

6 program management; personnel and related costs, includ7 ing uniforms or allowances therefor, as authorized by sec8 tions 5901 and 5902 of title 5, United States Code; travel 

9 expenses; purchase and hire of passenger motor vehicles; 

10 and purchase, lease, charter, maintenance, and operation 

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

12 remain available until September 30, 2019, of which 

13 $18,000,000 shall be for the Established Program to 

14 Stimulate Competitive Research and $40,000,000 shall be 

15 for the National Space Grant College and Fellowship Pro16 gram. 

17 SAFETY, SECURITY AND MISSION SERVICES

18 For necessary expenses, not otherwise provided for, 

19 in the conduct and support of science, aeronautics, space 

20 technology, exploration, space operations and education 

21 research and development activities, including research, 

22 development, operations, support, and services; mainte23 nance and repair, facility planning and design; space 

24 flight, spacecraft control, and communications activities; 

25 program management; personnel and related costs, includMarch 21, 2018 (6:08 p.m.)
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1 ing uniforms or allowances therefor, as authorized by sec2 tions 5901 and 5902 of title 5, United States Code; travel 

3 expenses; purchase and hire of passenger motor vehicles; 

4 not to exceed $63,000 for official reception and represen5 tation expenses; and purchase, lease, charter, mainte6 nance, and operation of mission and administrative air7 craft, $2,826,900,000, to remain available until Sep8 tember 30, 2019. 

9 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

10 RESTORATION

11 For necessary expenses for construction of facilities 

12 including repair, rehabilitation, revitalization, and modi13 fication of facilities, construction of new facilities and ad14 ditions to existing facilities, facility planning and design, 

15 and restoration, and acquisition or condemnation of real 

16 property, as authorized by law, and environmental compli17 ance and restoration, $562,240,000, to remain available 

18 until September 30, 2023: Provided, That proceeds from 

19 leases deposited into this account shall be available for a 

20 period of 5 years to the extent and in amounts as provided 

21 in annual appropriations Acts: Provided further, That such 

22 proceeds referred to in the preceding proviso shall be avail23 able for obligation for fiscal year 2018 in an amount not 

24 to exceed $9,470,300: Provided further, That each annual 

25 budget request shall include an annual estimate of gross 

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1 receipts and collections and proposed use of all funds col2 lected pursuant to section 20145 of title 51, United States 

3 Code. 

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General in carrying out the Inspector General Act of 1978, 

7 $39,000,000, of which $500,000 shall remain available 

8 until September 30, 2019. 

9 ADMINISTRATIVE PROVISIONS

10 (INCLUDING TRANSFER OF FUNDS)

11 Funds for any announced prize otherwise authorized 

12 shall remain available, without fiscal year limitation, until 

13 a prize is claimed or the offer is withdrawn. 

14 Not to exceed 5 percent of any appropriation made 

15 available for the current fiscal year for the National Aero16 nautics and Space Administration in this Act may be 

17 transferred between such appropriations, but no such ap18 propriation, except as otherwise specifically provided, shall 

19 be increased by more than 10 percent by any such trans20 fers. Balances so transferred shall be merged with and 

21 available for the same purposes and the same time period 

22 as the appropriations to which transferred. Any transfer 

23 pursuant to this provision shall be treated as a reprogram24 ming of funds under section 505 of this Act and shall not 

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1 be available for obligation except in compliance with the 

2 procedures set forth in that section. 

3 The spending plan required by this Act shall be pro4 vided by NASA at the theme, program, project and activ5 ity level. The spending plan, as well as any subsequent 

6 change of an amount established in that spending plan 

7 that meets the notification requirements of section 505 of 

8 this Act, shall be treated as a reprogramming under sec9 tion 505 of this Act and shall not be available for obliga10 tion or expenditure except in compliance with the proce11 dures set forth in that section. 

12 NATIONAL SCIENCE FOUNDATION

13 RESEARCH AND RELATED ACTIVITIES

14 For necessary expenses in carrying out the National 

15 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), 

16 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services 

17 as authorized by section 3109 of title 5, United States 

18 Code; maintenance and operation of aircraft and purchase 

19 of flight services for research support; acquisition of air20 craft; and authorized travel; $6,334,476,000, to remain 

21 available until September 30, 2019, of which not to exceed 

22 $544,000,000 shall remain available until expended for 

23 polar research and operations support, and for reimburse24 ment to other Federal agencies for operational and science 

25 support and logistical and other related activities for the 

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1 United States Antarctic program: Provided, That receipts 

2 for scientific support services and materials furnished by 

3 the National Research Centers and other National Science 

4 Foundation supported research facilities may be credited 

5 to this appropriation. 

6 MAJOR RESEARCH EQUIPMENT AND FACILITIES

7 CONSTRUCTION

8 For necessary expenses for the acquisition, construc9 tion, commissioning, and upgrading of major research 

10 equipment, facilities, and other such capital assets pursu11 ant to the National Science Foundation Act of 1950 (42 

12 U.S.C. 1861 et seq.), including authorized travel, 

13 $182,800,000, to remain available until expended. 

14 EDUCATION AND HUMAN RESOURCES

15 For necessary expenses in carrying out science, math16 ematics and engineering education and human resources 

17 programs and activities pursuant to the National Science 

18 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), includ19 ing services as authorized by section 3109 of title 5, 

20 United States Code, authorized travel, and rental of con21 ference rooms in the District of Columbia, $902,000,000, 

22 to remain available until September 30, 2019. 

23 AGENCY OPERATIONS AND AWARD MANAGEMENT

24 For agency operations and award management nec25 essary in carrying out the National Science Foundation 

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1 Act of 1950 (42 U.S.C. 1861 et seq.); services authorized 

2 by section 3109 of title 5, United States Code; hire of pas3 senger motor vehicles; uniforms or allowances therefor, as 

4 authorized by sections 5901 and 5902 of title 5, United 

5 States Code; rental of conference rooms in the District of 

6 Columbia; and reimbursement of the Department of 

7 Homeland Security for security guard services; 

8 $328,510,000: Provided, That not to exceed $8,280 is for 

9 official reception and representation expenses: Provided 

10 further, That contracts may be entered into under this 

11 heading in fiscal year 2018 for maintenance and operation 

12 of facilities and for other services to be provided during 

13 the next fiscal year. 

14 OFFICE OF THE NATIONAL SCIENCE BOARD

15 For necessary expenses (including payment of sala16 ries, authorized travel, hire of passenger motor vehicles, 

17 the rental of conference rooms in the District of Columbia, 

18 and the employment of experts and consultants under sec19 tion 3109 of title 5, United States Code) involved in car20 rying out section 4 of the National Science Foundation 

21 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 

22 (42 U.S.C. 1880 et seq.), $4,370,000: Provided, That not 

23 to exceed $2,500 shall be available for official reception 

24 and representation expenses. 

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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General as authorized by the Inspector General Act of 

4 1978, $15,200,000, of which $400,000 shall remain avail5 able until September 30, 2019. 

6 ADMINISTRATIVE PROVISIONS

7 (INCLUDING TRANSFER OF FUNDS)

8 Not to exceed 5 percent of any appropriation made 

9 available for the current fiscal year for the National 

10 Science Foundation in this Act may be transferred be11 tween such appropriations, but no such appropriation shall 

12 be increased by more than 10 percent by any such trans13 fers. Any transfer pursuant to this paragraph shall be 

14 treated as a reprogramming of funds under section 505 

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

16 in compliance with the procedures set forth in that section. 

17 The Director of the National Science Foundation 

18 shall notify the Committees on Appropriations of the 

19 House of Representatives and the Senate at least 30 days 

20 in advance of the acquisition or disposal of any capital 

21 asset (including land, structures, and equipment) not spe22 cifically provided for in this Act or any other law appro23 priating funds for the National Science Foundation. 

24 This title may be cited as the ‘‘Science Appropria25 tions Act, 2018’’. 

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1 TITLE IV 

2 RELATED AGENCIES 

3 COMMISSION ON CIVIL RIGHTS

4 SALARIES AND EXPENSES

5 For necessary expenses of the Commission on Civil 

6 Rights, including hire of passenger motor vehicles, 

7 $9,700,000: Provided, That none of the funds appro8 priated in this paragraph may be used to employ any indi9 viduals under Schedule C of subpart C of part 213 of title 

10 5 of the Code of Federal Regulations exclusive of one spe11 cial assistant for each Commissioner: Provided further, 

12 That none of the funds appropriated in this paragraph 

13 shall be used to reimburse Commissioners for more than 

14 75 billable days, with the exception of the chairperson, 

15 who is permitted 125 billable days: Provided further, That 

16 none of the funds appropriated in this paragraph shall be 

17 used for any activity or expense that is not explicitly au18 thorized by section 3 of the Civil Rights Commission Act 

19 of 1983 (42 U.S.C. 1975a). 

20 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Equal Employment 

23 Opportunity Commission as authorized by title VII of the 

24 Civil Rights Act of 1964, the Age Discrimination in Em25 ployment Act of 1967, the Equal Pay Act of 1963, the 

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1 Americans with Disabilities Act of 1990, section 501 of 

2 the Rehabilitation Act of 1973, the Civil Rights Act of 

3 1991, the Genetic Information Nondiscrimination Act 

4 (GINA) of 2008 (Public Law 110–233), the ADA Amend5 ments Act of 2008 (Public Law 110–325), and the Lilly 

6 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in7 cluding services as authorized by section 3109 of title 5, 

8 United States Code; hire of passenger motor vehicles as 

9 authorized by section 1343(b) of title 31, United States 

10 Code; nonmonetary awards to private citizens; and up to 

11 $29,500,000 for payments to State and local enforcement 

12 agencies for authorized services to the Commission, 

13 $379,500,000: Provided, That the Commission is author14 ized to make available for official reception and represen15 tation expenses not to exceed $2,250 from available funds: 

16 Provided further, That the Commission may take no action 

17 to implement any workforce repositioning, restructuring, 

18 or reorganization until such time as the Committees on 

19 Appropriations of the House of Representatives and the 

20 Senate have been notified of such proposals, in accordance 

21 with the reprogramming requirements of section 505 of 

22 this Act: Provided further, That the Chair is authorized 

23 to accept and use any gift or donation to carry out the 

24 work of the Commission. 

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1 INTERNATIONAL TRADE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the International Trade 

4 Commission, including hire of passenger motor vehicles 

5 and services as authorized by section 3109 of title 5, 

6 United States Code, and not to exceed $2,250 for official 

7 reception and representation expenses, $93,700,000, to re8 main available until expended. 

9 LEGAL SERVICES CORPORATION

10 PAYMENT TO THE LEGAL SERVICES CORPORATION

11 For payment to the Legal Services Corporation to 

12 carry out the purposes of the Legal Services Corporation 

13 Act of 1974, $410,000,000, of which $376,000,000 is for 

14 basic field programs and required independent audits; 

15 $5,100,000 is for the Office of Inspector General, of which 

16 such amounts as may be necessary may be used to conduct 

17 additional audits of recipients; $19,400,000 is for manage18 ment and grants oversight; $4,000,000 is for client self19 help and information technology; $4,500,000 is for a Pro 

20 Bono Innovation Fund; and $1,000,000 is for loan repay21 ment assistance: Provided, That the Legal Services Cor22 poration may continue to provide locality pay to officers 

23 and employees at a rate no greater than that provided by 

24 the Federal Government to Washington, DC-based em25 ployees as authorized by section 5304 of title 5, United 

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1 States Code, notwithstanding section 1005(d) of the Legal 

2 Services Corporation Act (42 U.S.C. 2996d(d)): Provided 

3 further, That the authorities provided in section 205 of 

4 this Act shall be applicable to the Legal Services Corpora5 tion: Provided further, That, for the purposes of section 

6 505 of this Act, the Legal Services Corporation shall be 

7 considered an agency of the United States Government. 

8 ADMINISTRATIVE PROVISION—LEGAL SERVICES

9 CORPORATION

10 None of the funds appropriated in this Act to the 

11 Legal Services Corporation shall be expended for any pur12 pose prohibited or limited by, or contrary to any of the 

13 provisions of, sections 501, 502, 503, 504, 505, and 506 

14 of Public Law 105–119, and all funds appropriated in this 

15 Act to the Legal Services Corporation shall be subject to 

16 the same terms and conditions set forth in such sections, 

17 except that all references in sections 502 and 503 to 1997 

18 and 1998 shall be deemed to refer instead to 2017 and 

19 2018, respectively. 

20 MARINE MAMMAL COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Marine Mammal Com23 mission as authorized by title II of the Marine Mammal 

24 Protection Act of 1972 (16 U.S.C. 1361 et seq.), 

25 $3,431,000. 

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1 OFFICE OF THE UNITED STATES TRADE

2 REPRESENTATIVE

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of the United 

5 States Trade Representative, including the hire of pas6 senger motor vehicles and the employment of experts and 

7 consultants as authorized by section 3109 of title 5, 

8 United States Code, $57,600,000, of which $1,000,000 

9 shall remain available until expended: Provided, That of 

10 the total amount made available under this heading, not 

11 to exceed $124,000 shall be available for official reception 

12 and representation expenses. 

13 TRADE ENFORCEMENT TRUST FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 For activities of the United States Trade Representa16 tive authorized by section 611 of the Trade Facilitation 

17 and Trade Enforcement Act of 2015 (19 U.S.C. 4405), 

18 including transfers, $15,000,000, to be derived from the 

19 Trade Enforcement Trust Fund: Provided, That any 

20 transfer pursuant to subsection (d)(1) of such section shall 

21 be treated as a reprogramming under section 505 of this 

22 Act. 

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1 STATE JUSTICE INSTITUTE

2 SALARIES AND EXPENSES

3 For necessary expenses of the State Justice Institute, 

4 as authorized by the State Justice Institute Act of 1984 

5 (42 U.S.C. 10701 et seq.) $5,121,000, of which $500,000 

6 shall remain available until September 30, 2019: Provided, 

7 That not to exceed $2,250 shall be available for official 

8 reception and representation expenses: Provided further, 

9 That, for the purposes of section 505 of this Act, the State 

10 Justice Institute shall be considered an agency of the 

11 United States Government. 

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1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING RESCISSIONS)

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 501. No part of any appropriation contained in 

6 this Act shall be used for publicity or propaganda purposes 

7 not authorized by the Congress. 

8 SEC. 502. No part of any appropriation contained in 

9 this Act shall remain available for obligation beyond the 

10 current fiscal year unless expressly so provided herein. 

11 SEC. 503. The expenditure of any appropriation 

12 under this Act for any consulting service through procure13 ment contract, pursuant to section 3109 of title 5, United 

14 States Code, shall be limited to those contracts where such 

15 expenditures are a matter of public record and available 

16 for public inspection, except where otherwise provided 

17 under existing law, or under existing Executive order 

18 issued pursuant to existing law. 

19 SEC. 504. If any provision of this Act or the applica20 tion of such provision to any person or circumstances shall 

21 be held invalid, the remainder of the Act and the applica22 tion of each provision to persons or circumstances other 

23 than those as to which it is held invalid shall not be af24 fected thereby. 

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1 SEC. 505. None of the funds provided under this Act, 

2 or provided under previous appropriations Acts to the 

3 agencies funded by this Act that remain available for obli4 gation or expenditure in fiscal year 2018, or provided from 

5 any accounts in the Treasury of the United States derived 

6 by the collection of fees available to the agencies funded 

7 by this Act, shall be available for obligation or expenditure 

8 through a reprogramming of funds that: (1) creates or ini9 tiates a new program, project or activity; (2) eliminates 

10 a program, project or activity; (3) increases funds or per11 sonnel by any means for any project or activity for which 

12 funds have been denied or restricted; (4) relocates an of13 fice or employees; (5) reorganizes or renames offices, pro14 grams or activities; (6) contracts out or privatizes any 

15 functions or activities presently performed by Federal em16 ployees; (7) augments existing programs, projects or ac17 tivities in excess of $500,000 or 10 percent, whichever is 

18 less, or reduces by 10 percent funding for any program, 

19 project or activity, or numbers of personnel by 10 percent; 

20 or (8) results from any general savings, including savings 

21 from a reduction in personnel, which would result in a 

22 change in existing programs, projects or activities as ap23 proved by Congress; unless the House and Senate Com24 mittees on Appropriations are notified 15 days in advance 

25 of such reprogramming of funds. 

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1 SEC. 506. (a) If it has been finally determined by 

2 a court or Federal agency that any person intentionally 

3 affixed a label bearing a ‘‘Made in America’’ inscription, 

4 or any inscription with the same meaning, to any product 

5 sold in or shipped to the United States that is not made 

6 in the United States, the person shall be ineligible to re7 ceive any contract or subcontract made with funds made 

8 available in this Act, pursuant to the debarment, suspen9 sion, and ineligibility procedures described in sections 

10 9.400 through 9.409 of title 48, Code of Federal Regula11 tions. 

12 (b)(1) To the extent practicable, with respect to au13 thorized purchases of promotional items, funds made 

14 available by this Act shall be used to purchase items that 

15 are manufactured, produced, or assembled in the United 

16 States, its territories or possessions. 

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

18 given the term in OMB Circular A–87, Attachment B, 

19 Item (1)(f)(3). 

20 SEC. 507. (a) The Departments of Commerce and 

21 Justice, the National Science Foundation, and the Na22 tional Aeronautics and Space Administration shall provide 

23 to the Committees on Appropriations of the House of Rep24 resentatives and the Senate a quarterly report on the sta25 tus of balances of appropriations at the account level. For 

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1 unobligated, uncommitted balances and unobligated, com2 mitted balances the quarterly reports shall separately 

3 identify the amounts attributable to each source year of 

4 appropriation from which the balances were derived. For 

5 balances that are obligated, but unexpended, the quarterly 

6 reports shall separately identify amounts by the year of 

7 obligation. 

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

9 submitted within 30 days of the end of each quarter. 

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

11 aspect of a reporting requirement described in subsection 

12 (a) due to a limitation of a current accounting system, 

13 the department or agency shall fulfill such aspect to the 

14 maximum extent practicable under such accounting sys15 tem and shall identify and describe in each quarterly re16 port the extent to which such aspect is not fulfilled. 

17 SEC. 508. Any costs incurred by a department or 

18 agency funded under this Act resulting from, or to pre19 vent, personnel actions taken in response to funding re20 ductions included in this Act shall be absorbed within the 

21 total budgetary resources available to such department or 

22 agency: Provided, That the authority to transfer funds be23 tween appropriations accounts as may be necessary to 

24 carry out this section is provided in addition to authorities 

25 included elsewhere in this Act: Provided further, That use 

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1 of funds to carry out this section shall be treated as a 

2 reprogramming of funds under section 505 of this Act and 

3 shall not be available for obligation or expenditure except 

4 in compliance with the procedures set forth in that section: 

5 Provided further, That for the Department of Commerce, 

6 this section shall also apply to actions taken for the care 

7 and protection of loan collateral or grant property. 

8 SEC. 509. None of the funds provided by this Act 

9 shall be available to promote the sale or export of tobacco 

10 or tobacco products, or to seek the reduction or removal 

11 by any foreign country of restrictions on the marketing 

12 of tobacco or tobacco products, except for restrictions 

13 which are not applied equally to all tobacco or tobacco 

14 products of the same type. 

15 SEC. 510. Notwithstanding any other provision of 

16 law, amounts deposited or available in the Fund estab17 lished by section 1402 of chapter XIV of title II of Public 

18 Law 98–473 (34 U.S.C. 20101) in any fiscal year in ex19 cess of $4,436,000,000 shall not be available for obligation 

20 until the following fiscal year: Provided, That notwith21 standing section 1402(d) of such Act, of the amounts 

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

23 shall remain available until expended to the Department 

24 of Justice Office of Inspector General for oversight and 

25 auditing purposes; and (2) 3 percent shall be available to 

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1 the Office for Victims of Crime for grants, consistent with 

2 the requirements of the Victims of Crime Act, to Indian 

3 tribes to improve services for victims of crime. 

4 SEC. 511. None of the funds made available to the 

5 Department of Justice in this Act may be used to discrimi6 nate against or denigrate the religious or moral beliefs of 

7 students who participate in programs for which financial 

8 assistance is provided from those funds, or of the parents 

9 or legal guardians of such students. 

10 SEC. 512. None of the funds made available in this 

11 Act may be transferred to any department, agency, or in12 strumentality of the United States Government, except 

13 pursuant to a transfer made by, or transfer authority pro14 vided in, this Act or any other appropriations Act. 

15 SEC. 513. (a) The Inspectors General of the Depart16 ment of Commerce, the Department of Justice, the Na17 tional Aeronautics and Space Administration, the Na18 tional Science Foundation, and the Legal Services Cor19 poration shall conduct audits, pursuant to the Inspector 

20 General Act (5 U.S.C. App.), of grants or contracts for 

21 which funds are appropriated by this Act, and shall submit 

22 reports to Congress on the progress of such audits, which 

23 may include preliminary findings and a description of 

24 areas of particular interest, within 180 days after initiMarch 21, 2018 (6:08 p.m.)
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1 ating such an audit and every 180 days thereafter until 

2 any such audit is completed. 

3 (b) Within 60 days after the date on which an audit 

4 described in subsection (a) by an Inspector General is 

5 completed, the Secretary, Attorney General, Adminis6 trator, Director, or President, as appropriate, shall make 

7 the results of the audit available to the public on the Inter8 net website maintained by the Department, Administra9 tion, Foundation, or Corporation, respectively. The results 

10 shall be made available in redacted form to exclude— 

11 (1) any matter described in section 552(b) of 

12 title 5, United States Code; and 

13 (2) sensitive personal information for any indi14 vidual, the public access to which could be used to 

15 commit identity theft or for other inappropriate or 

16 unlawful purposes. 

17 (c) Any person awarded a grant or contract funded 

18 by amounts appropriated by this Act shall submit a state19 ment to the Secretary of Commerce, the Attorney General, 

20 the Administrator, Director, or President, as appropriate, 

21 certifying that no funds derived from the grant or contract 

22 will be made available through a subcontract or in any 

23 other manner to another person who has a financial inter24 est in the person awarded the grant or contract. 

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1 (d) The provisions of the preceding subsections of 

2 this section shall take effect 30 days after the date on 

3 which the Director of the Office of Management and 

4 Budget, in consultation with the Director of the Office of 

5 Government Ethics, determines that a uniform set of rules 

6 and requirements, substantially similar to the require7 ments in such subsections, consistently apply under the 

8 executive branch ethics program to all Federal depart9 ments, agencies, and entities. 

10 SEC. 514. (a) None of the funds appropriated or oth11 erwise made available under this Act may be used by the 

12 Departments of Commerce and Justice, the National Aer13 onautics and Space Administration, or the National 

14 Science Foundation to acquire a high-impact or moderate15 impact information system, as defined for security cat16 egorization in the National Institute of Standards and 

17 Technology’s (NIST) Federal Information Processing 

18 Standard Publication 199, ‘‘Standards for Security Cat19 egorization of Federal Information and Information Sys20 tems’’ unless the agency has— 

21 (1) reviewed the supply chain risk for the infor22 mation systems against criteria developed by NIST 

23 and the Federal Bureau of Investigation (FBI) to 

24 inform acquisition decisions for high-impact and 

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1 moderate-impact information systems within the 

2 Federal Government; 

3 (2) reviewed the supply chain risk from the pre4 sumptive awardee against available and relevant 

5 threat information provided by the FBI and other 

6 appropriate agencies; and 

7 (3) in consultation with the FBI or other ap8 propriate Federal entity, conducted an assessment of 

9 any risk of cyber-espionage or sabotage associated 

10 with the acquisition of such system, including any 

11 risk associated with such system being produced, 

12 manufactured, or assembled by one or more entities 

13 identified by the United States Government as pos14 ing a cyber threat, including but not limited to, 

15 those that may be owned, directed, or subsidized by 

16 the People’s Republic of China, the Islamic Republic 

17 of Iran, the Democratic People’s Republic of Korea, 

18 or the Russian Federation. 

19 (b) None of the funds appropriated or otherwise 

20 made available under this Act may be used to acquire a 

21 high-impact or moderate-impact information system re22 viewed and assessed under subsection (a) unless the head 

23 of the assessing entity described in subsection (a) has— 

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1 (1) developed, in consultation with NIST, the 

2 FBI, and supply chain risk management experts, a 

3 mitigation strategy for any identified risks; 

4 (2) determined, in consultation with NIST and 

5 the FBI, that the acquisition of such system is in 

6 the national interest of the United States; and 

7 (3) reported that determination to the Commit8 tees on Appropriations of the House of Representa9 tives and the Senate and the agency Inspector Gen10 eral. 

11 SEC. 515. None of the funds made available in this 

12 Act shall be used in any way whatsoever to support or 

13 justify the use of torture by any official or contract em14 ployee of the United States Government. 

15 SEC. 516. (a) Notwithstanding any other provision 

16 of law or treaty, none of the funds appropriated or other17 wise made available under this Act or any other Act may 

18 be expended or obligated by a department, agency, or in19 strumentality of the United States to pay administrative 

20 expenses or to compensate an officer or employee of the 

21 United States in connection with requiring an export li22 cense for the export to Canada of components, parts, ac23 cessories or attachments for firearms listed in Category 

24 I, section 121.1 of title 22, Code of Federal Regulations 

25 (International Trafficking in Arms Regulations (ITAR), 

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1 part 121, as it existed on April 1, 2005) with a total value 

2 not exceeding $500 wholesale in any transaction, provided 

3 that the conditions of subsection (b) of this section are 

4 met by the exporting party for such articles. 

5 (b) The foregoing exemption from obtaining an ex6 port license— 

7 (1) does not exempt an exporter from filing any 

8 Shipper’s Export Declaration or notification letter 

9 required by law, or from being otherwise eligible 

10 under the laws of the United States to possess, ship, 

11 transport, or export the articles enumerated in sub12 section (a); and 

13 (2) does not permit the export without a license 

14 of— 

15 (A) fully automatic firearms and compo16 nents and parts for such firearms, other than 

17 for end use by the Federal Government, or a 

18 Provincial or Municipal Government of Canada; 

19 (B) barrels, cylinders, receivers (frames) or 

20 complete breech mechanisms for any firearm 

21 listed in Category I, other than for end use by 

22 the Federal Government, or a Provincial or Mu23 nicipal Government of Canada; or 

24 (C) articles for export from Canada to an25 other foreign destination. 

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1 (c) In accordance with this section, the District Di2 rectors of Customs and postmasters shall permit the per3 manent or temporary export without a license of any un4 classified articles specified in subsection (a) to Canada for 

5 end use in Canada or return to the United States, or tem6 porary import of Canadian-origin items from Canada for 

7 end use in the United States or return to Canada for a 

8 Canadian citizen. 

9 (d) The President may require export licenses under 

10 this section on a temporary basis if the President deter11 mines, upon publication first in the Federal Register, that 

12 the Government of Canada has implemented or main13 tained inadequate import controls for the articles specified 

14 in subsection (a), such that a significant diversion of such 

15 articles has and continues to take place for use in inter16 national terrorism or in the escalation of a conflict in an17 other nation. The President shall terminate the require18 ments of a license when reasons for the temporary require19 ments have ceased. 

20 SEC. 517. Notwithstanding any other provision of 

21 law, no department, agency, or instrumentality of the 

22 United States receiving appropriated funds under this Act 

23 or any other Act shall obligate or expend in any way such 

24 funds to pay administrative expenses or the compensation 

25 of any officer or employee of the United States to deny 

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1 any application submitted pursuant to 22 U.S.C. 

2 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

3 478.112 or .113, for a permit to import United States ori4 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 

5 SEC. 518. None of the funds made available in this 

6 Act may be used to include in any new bilateral or multi7 lateral trade agreement the text of— 

8 (1) paragraph 2 of article 16.7 of the United 

9 States–Singapore Free Trade Agreement; 

10 (2) paragraph 4 of article 17.9 of the United 

11 States–Australia Free Trade Agreement; or 

12 (3) paragraph 4 of article 15.9 of the United 

13 States–Morocco Free Trade Agreement. 

14 SEC. 519. None of the funds made available in this 

15 Act may be used to authorize or issue a national security 

16 letter in contravention of any of the following laws author17 izing the Federal Bureau of Investigation to issue national 

18 security letters: The Right to Financial Privacy Act of 

19 1978; The Electronic Communications Privacy Act of 

20 1986; The Fair Credit Reporting Act; The National Secu21 rity Act of 1947; USA PATRIOT Act; USA FREEDOM 

22 Act of 2015; and the laws amended by these Acts. 

23 SEC. 520. If at any time during any quarter, the pro24 gram manager of a project within the jurisdiction of the 

25 Departments of Commerce or Justice, the National AeroMarch 21, 2018 (6:08 p.m.)
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1 nautics and Space Administration, or the National Science 

2 Foundation totaling more than $75,000,000 has reason3 able cause to believe that the total program cost has in4 creased by 10 percent or more, the program manager shall 

5 immediately inform the respective Secretary, Adminis6 trator, or Director. The Secretary, Administrator, or Di7 rector shall notify the House and Senate Committees on 

8 Appropriations within 30 days in writing of such increase, 

9 and shall include in such notice: the date on which such 

10 determination was made; a statement of the reasons for 

11 such increases; the action taken and proposed to be taken 

12 to control future cost growth of the project; changes made 

13 in the performance or schedule milestones and the degree 

14 to which such changes have contributed to the increase 

15 in total program costs or procurement costs; new esti16 mates of the total project or procurement costs; and a 

17 statement validating that the project’s management struc18 ture is adequate to control total project or procurement 

19 costs. 

20 SEC. 521. Funds appropriated by this Act, or made 

21 available by the transfer of funds in this Act, for intel22 ligence or intelligence related activities are deemed to be 

23 specifically authorized by the Congress for purposes of sec24 tion 504 of the National Security Act of 1947 (50 U.S.C. 

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1 3094) during fiscal year 2018 until the enactment of the 

2 Intelligence Authorization Act for fiscal year 2018. 

3 SEC. 522. None of the funds appropriated or other4 wise made available by this Act may be used to enter into 

5 a contract in an amount greater than $5,000,000 or to 

6 award a grant in excess of such amount unless the pro7 spective contractor or grantee certifies in writing to the 

8 agency awarding the contract or grant that, to the best 

9 of its knowledge and belief, the contractor or grantee has 

10 filed all Federal tax returns required during the three 

11 years preceding the certification, has not been convicted 

12 of a criminal offense under the Internal Revenue Code of 

13 1986, and has not, more than 90 days prior to certifi14 cation, been notified of any unpaid Federal tax assessment 

15 for which the liability remains unsatisfied, unless the as16 sessment is the subject of an installment agreement or 

17 offer in compromise that has been approved by the Inter18 nal Revenue Service and is not in default, or the assess19 ment is the subject of a non-frivolous administrative or 

20 judicial proceeding. 

21 (RESCISSIONS)

22 SEC. 523. (a) Of the unobligated balances from prior 

23 year appropriations available to the Department of Com24 merce, Economic Development Administration, Economic 

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1 Development Assistance Programs, $10,000,000 is re2 scinded not later than September 30, 2018. 

3 (b) Of the unobligated balances available to the De4 partment of Justice, the following funds are hereby re5 scinded, not later than September 30, 2018, from the fol6 lowing accounts in the specified amounts— 

7 (1) ‘‘Working Capital Fund’’, $154,768,000; 

8 (2) ‘‘Federal Bureau of Investigation, Salaries 

9 and Expenses’’, $127,291,000 including from, but 

10 not limited to, fees collected to defray expenses for 

11 the automation of fingerprint identification and 

12 criminal justice information services and associated 

13 costs; 

14 (3) ‘‘State and Local Law Enforcement Activi15 ties, Office on Violence Against Women, Violence 

16 Against Women Prevention and Prosecution Pro17 grams’’, $15,000,000; 

18 (4) ‘‘State and Local Law Enforcement Activi19 ties, Office of Justice Programs’’, $40,000,000; 

20 (5) ‘‘State and Local Law Enforcement Activi21 ties, Community Oriented Policing Services’’, 

22 $10,000,000; and 

23 (6) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

24 $304,000,000, is permanently rescinded. 

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1 (c) The Departments of Commerce and Justice shall 

2 submit to the Committees on Appropriations of the House 

3 of Representatives and the Senate a report no later than 

4 September 1, 2018, specifying the amount of each rescis5 sion made pursuant to subsections (a) and (b). 

6 SEC. 524. None of the funds made available in this 

7 Act may be used to purchase first class or premium airline 

8 travel in contravention of sections 301–10.122 through 

9 301–10.124 of title 41 of the Code of Federal Regulations. 

10 SEC. 525. None of the funds made available in this 

11 Act may be used to send or otherwise pay for the attend12 ance of more than 50 employees from a Federal depart13 ment or agency, who are stationed in the United States, 

14 at any single conference occurring outside the United 

15 States unless such conference is a law enforcement train16 ing or operational conference for law enforcement per17 sonnel and the majority of Federal employees in attend18 ance are law enforcement personnel stationed outside the 

19 United States. 

20 SEC. 526. None of the funds appropriated or other21 wise made available in this or any other Act may be used 

22 to transfer, release, or assist in the transfer or release to 

23 or within the United States, its territories, or possessions 

24 Khalid Sheikh Mohammed or any other detainee who— 

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1 (1) is not a United States citizen or a member 

2 of the Armed Forces of the United States; and 

3 (2) is or was held on or after June 24, 2009, 

4 at the United States Naval Station, Guantanamo 

5 Bay, Cuba, by the Department of Defense. 

6 SEC. 527. (a) None of the funds appropriated or oth7 erwise made available in this or any other Act may be used 

8 to construct, acquire, or modify any facility in the United 

9 States, its territories, or possessions to house any indi10 vidual described in subsection (c) for the purposes of de11 tention or imprisonment in the custody or under the effec12 tive control of the Department of Defense. 

13 (b) The prohibition in subsection (a) shall not apply 

14 to any modification of facilities at United States Naval 

15 Station, Guantanamo Bay, Cuba. 

16 (c) An individual described in this subsection is any 

17 individual who, as of June 24, 2009, is located at United 

18 States Naval Station, Guantanamo Bay, Cuba, and who— 

19 (1) is not a citizen of the United States or a 

20 member of the Armed Forces of the United States; 

21 and 

22 (2) is— 

23 (A) in the custody or under the effective 

24 control of the Department of Defense; or 

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1 (B) otherwise under detention at United 

2 States Naval Station, Guantanamo Bay, Cuba. 

3 SEC. 528. The Director of the Office of Management 

4 and Budget shall instruct any department, agency, or in5 strumentality of the United States receiving funds appro6 priated under this Act to track undisbursed balances in 

7 expired grant accounts and include in its annual perform8 ance plan and performance and accountability reports the 

9 following: 

10 (1) Details on future action the department, 

11 agency, or instrumentality will take to resolve 

12 undisbursed balances in expired grant accounts. 

13 (2) The method that the department, agency, or 

14 instrumentality uses to track undisbursed balances 

15 in expired grant accounts. 

16 (3) Identification of undisbursed balances in ex17 pired grant accounts that may be returned to the 

18 Treasury of the United States. 

19 (4) In the preceding 3 fiscal years, details on 

20 the total number of expired grant accounts with 

21 undisbursed balances (on the first day of each fiscal 

22 year) for the department, agency, or instrumentality 

23 and the total finances that have not been obligated 

24 to a specific project remaining in the accounts. 

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1 SEC. 529. (a) None of the funds made available by 

2 this Act may be used for the National Aeronautics and 

3 Space Administration (NASA) or the Office of Science 

4 and Technology Policy (OSTP) to develop, design, plan, 

5 promulgate, implement, or execute a bilateral policy, pro6 gram, order, or contract of any kind to participate, col7 laborate, or coordinate bilaterally in any way with China 

8 or any Chinese-owned company unless such activities are 

9 specifically authorized by a law enacted after the date of 

10 enactment of this Act. 

11 (b) None of the funds made available by this Act may 

12 be used to effectuate the hosting of official Chinese visitors 

13 at facilities belonging to or utilized by NASA. 

14 (c) The limitations described in subsections (a) and 

15 (b) shall not apply to activities which NASA or OSTP, 

16 after consultation with the Federal Bureau of Investiga17 tion, have certified— 

18 (1) pose no risk of resulting in the transfer of 

19 technology, data, or other information with national 

20 security or economic security implications to China 

21 or a Chinese-owned company; and 

22 (2) will not involve knowing interactions with 

23 officials who have been determined by the United 

24 States to have direct involvement with violations of 

25 human rights. 

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1 (d) Any certification made under subsection (c) shall 

2 be submitted to the Committees on Appropriations of the 

3 House of Representatives and the Senate, and the Federal 

4 Bureau of Investigation, no later than 30 days prior to 

5 the activity in question and shall include a description of 

6 the purpose of the activity, its agenda, its major partici7 pants, and its location and timing. 

8 SEC. 530. None of the funds made available by this 

9 Act may be used to pay the salaries or expenses of per10 sonnel to deny, or fail to act on, an application for the 

11 importation of any model of shotgun if— 

12 (1) all other requirements of law with respect to 

13 the proposed importation are met; and 

14 (2) no application for the importation of such 

15 model of shotgun, in the same configuration, had 

16 been denied by the Attorney General prior to Janu17 ary 1, 2011, on the basis that the shotgun was not 

18 particularly suitable for or readily adaptable to 

19 sporting purposes. 

20 SEC. 531. (a) None of the funds made available in 

21 this Act may be used to maintain or establish a computer 

22 network unless such network blocks the viewing, 

23 downloading, and exchanging of pornography. 

24 (b) Nothing in subsection (a) shall limit the use of 

25 funds necessary for any Federal, State, tribal, or local law 

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1 enforcement agency or any other entity carrying out crimi2 nal investigations, prosecution, adjudication, or other law 

3 enforcement- or victim assistance-related activity. 

4 SEC. 532. The Departments of Commerce and Jus5 tice, the National Aeronautics and Space Administration, 

6 the National Science Foundation, the Commission on Civil 

7 Rights, the Equal Employment Opportunity Commission, 

8 the International Trade Commission, the Legal Services 

9 Corporation, the Marine Mammal Commission, the Offices 

10 of Science and Technology Policy and the United States 

11 Trade Representative, the National Space Council, and 

12 the State Justice Institute shall submit spending plans, 

13 signed by the respective department or agency head, to 

14 the Committees on Appropriations of the House of Rep15 resentatives and the Senate within 45 days after the date 

16 of enactment of this Act. 

17 SEC. 533. None of the funds made available by this 

18 Act may be obligated or expended to implement the Arms 

19 Trade Treaty until the Senate approves a resolution of 

20 ratification for the Treaty. 

21 SEC. 534. The Department of Commerce, the Na22 tional Aeronautics and Space Administration, and the Na23 tional Science Foundation shall provide a quarterly report 

24 to the Committees on Appropriations of the House of Rep25 resentatives and the Senate on any official travel to China 

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1 by any employee of such Department or agency, including 

2 the purpose of such travel. 

3 SEC. 535. Of the amounts made available by this Act, 

4 not less than 10 percent of each total amount provided, 

5 respectively, for Public Works grants authorized by the 

6 Public Works and Economic Development Act of 1965 and 

7 grants authorized by section 27 of the Stevenson-Wydler 

8 Technology Innovation Act of 1980 (15 U.S.C. 3722) shall 

9 be allocated for assistance in persistent poverty counties: 

10 Provided, That for purposes of this section, the term ‘‘per11 sistent poverty counties’’ means any county that has had 

12 20 percent or more of its population living in poverty over 

13 the past 30 years, as measured by the 1990 and 2000 

14 decennial censuses and the most recent Small Area In15 come and Poverty Estimates. 

16 SEC. 536. Notwithstanding any other provision of 

17 this Act, none of the funds appropriated or otherwise 

18 made available by this Act may be used to pay award or 

19 incentive fees for contractor performance that has been 

20 judged to be below satisfactory performance or for per21 formance that does not meet the basic requirements of a 

22 contract. 

23 SEC. 537. None of the funds made available by this 

24 Act may be used in contravention of section 7606 (‘‘Legit25 imacy of Industrial Hemp Research’’) of the Agricultural 

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1 Act of 2014 (Public Law 113–79) by the Department of 

2 Justice or the Drug Enforcement Administration. 

3 SEC. 538. None of the funds made available under 

4 this Act to the Department of Justice may be used, with 

5 respect to any of the States of Alabama, Alaska, Arizona, 

6 Arkansas, California, Colorado, Connecticut, Delaware, 

7 Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Ken8 tucky, Louisiana, Maine, Maryland, Massachusetts, Michi9 gan, Minnesota, Mississippi, Missouri, Montana, Nevada, 

10 New Hampshire, New Jersey, New Mexico, New York, 

11 North Carolina, North Dakota, Ohio, Oklahoma, Oregon, 

12 Pennsylvania, Rhode Island, South Carolina, Tennessee, 

13 Texas, Utah, Vermont, Virginia, Washington, West Vir14 ginia, Wisconsin, and Wyoming, or with respect to the 

15 District of Columbia, Guam, or Puerto Rico, to prevent 

16 any of them from implementing their own laws that au17 thorize the use, distribution, possession, or cultivation of 

18 medical marijuana. 

19 SEC. 539. Not later than 30 days after the enactment 

20 of this Act, the Secretary of Commerce (Secretary) shall 

21 lift the stay on the effective date of the final rule for the 

22 seafood import monitoring program published by the Sec23 retary on December 9, 2016, (81 Fed. Reg. 88975 et seq.) 

24 for the species described in section 300.324(a)(3) of title 

25 50, Code of Federal Regulations: Provided, That the comMarch 21, 2018 (6:08 p.m.)
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1 pliance date for the species described in section 

2 300.324(a)(3) of title 50, Code of Federal Regulations, 

3 shall occur not later than December 31, 2018: Provided 

4 further, That not later than December 31, 2018, the Sec5 retary shall establish a traceability program for United 

6 States inland, coastal, and marine aquaculture of shrimp 

7 and abalone from point of production to entry into United 

8 States commerce: Provided further, That the Secretary 

9 shall promulgate such regulations as are necessary and ap10 propriate to establish and implement the program: Pro11 vided further, That information collected pursuant to a 

12 regulation promulgated under this section shall be con13 fidential and not be disclosed except for the information 

14 disclosed under section 401(b)(1) of the Magnuson-Ste15 vens Fishery Conservation and Management Act (16 

16 U.S.C. 1881a(b)(1)): Provided further, That any regula17 tions promulgated under this section shall be enforced as 

18 if this section were a provision of the Magnuson-Stevens 

19 Fishery Conservation and Management Act (16 U.S.C. 

20 1801 et seq.) and the regulations were promulgated under 

21 such Act. 

22 SEC. 540. For an additional amount for ‘‘Department 

23 of Justice, State and Local Law Enforcement Activities, 

24 Office of Justice Programs, State and Local Law Enforce25 ment Assistance’’, $2,500,000 to keep young athletes safe. 

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1 This division may be cited as the ‘‘Commerce, Jus2 tice, Science, and Related Agencies Appropriations Act, 

3 2018’’. 

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1 DIVISION C—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS ACT, 2018 

3 TITLE I 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the 

11 Army on active duty (except members of reserve compo12 nents provided for elsewhere), cadets, and aviation cadets; 

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

14 for payments pursuant to section 156 of Public Law 97– 

15 377, as amended (42 U.S.C. 402 note), and to the Depart16 ment of Defense Military Retirement Fund, 

17 $41,628,855,000. 

18 MILITARY PERSONNEL, NAVY

19 For pay, allowances, individual clothing, subsistence, 

20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel 

23 between permanent duty stations, for members of the 

24 Navy on active duty (except members of the Reserve pro25 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

3 as amended (42 U.S.C. 402 note), and to the Department 

4 of Defense Military Retirement Fund, $28,772,118,000. 

5 MILITARY PERSONNEL, MARINE CORPS

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the Ma11 rine Corps on active duty (except members of the Reserve 

12 provided for elsewhere); and for payments pursuant to sec13 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

14 402 note), and to the Department of Defense Military Re15 tirement Fund, $13,231,114,000. 

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the Air 

22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets; 

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

25 for payments pursuant to section 156 of Public Law 97– 

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1 377, as amended (42 U.S.C. 402 note), and to the Depart2 ment of Defense Military Retirement Fund, 

3 $28,790,440,000. 

4 RESERVE PERSONNEL, ARMY

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and 

8 3038 of title 10, United States Code, or while serving on 

9 active duty under section 12301(d) of title 10, United 

10 States Code, in connection with performing duty specified 

11 in section 12310(a) of title 10, United States Code, or 

12 while undergoing reserve training, or while performing 

13 drills or equivalent duty or other duty, and expenses au14 thorized by section 16131 of title 10, United States Code; 

15 and for payments to the Department of Defense Military 

16 Retirement Fund, $4,715,608,000. 

17 RESERVE PERSONNEL, NAVY

18 For pay, allowances, clothing, subsistence, gratuities, 

19 travel, and related expenses for personnel of the Navy Re20 serve on active duty under section 10211 of title 10, 

21 United States Code, or while serving on active duty under 

22 section 12301(d) of title 10, United States Code, in con23 nection with performing duty specified in section 12310(a) 

24 of title 10, United States Code, or while undergoing re25 serve training, or while performing drills or equivalent 

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1 duty, and expenses authorized by section 16131 of title 

2 10, United States Code; and for payments to the Depart3 ment of Defense Military Retirement Fund, 

4 $1,988,362,000. 

5 RESERVE PERSONNEL, MARINE CORPS

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Marine 

8 Corps Reserve on active duty under section 10211 of title 

9 10, United States Code, or while serving on active duty 

10 under section 12301(d) of title 10, United States Code, 

11 in connection with performing duty specified in section 

12 12310(a) of title 10, United States Code, or while under13 going reserve training, or while performing drills or equiv14 alent duty, and for members of the Marine Corps platoon 

15 leaders class, and expenses authorized by section 16131 

16 of title 10, United States Code; and for payments to the 

17 Department of Defense Military Retirement Fund, 

18 $764,903,000. 

19 RESERVE PERSONNEL, AIR FORCE

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Air Force 

22 Reserve on active duty under sections 10211, 10305, and 

23 8038 of title 10, United States Code, or while serving on 

24 active duty under section 12301(d) of title 10, United 

25 States Code, in connection with performing duty specified 

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1 in section 12310(a) of title 10, United States Code, or 

2 while undergoing reserve training, or while performing 

3 drills or equivalent duty or other duty, and expenses au4 thorized by section 16131 of title 10, United States Code; 

5 and for payments to the Department of Defense Military 

6 Retirement Fund, $1,802,554,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under sections 10211, 10302, 

11 or 12402 of title 10 or section 708 of title 32, United 

12 States Code, or while serving on duty under section 

13 12301(d) of title 10 or section 502(f) of title 32, United 

14 States Code, in connection with performing duty specified 

15 in section 12310(a) of title 10, United States Code, or 

16 while undergoing training, or while performing drills or 

17 equivalent duty or other duty, and expenses authorized by 

18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 

20 Fund, $8,264,626,000. 

21 NATIONAL GUARD PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities, 

23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under sections 10211, 10305, or 

25 12402 of title 10 or section 708 of title 32, United States 

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1 Code, or while serving on duty under section 12301(d) of 

2 title 10 or section 502(f) of title 32, United States Code, 

3 in connection with performing duty specified in section 

4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 

6 duty or other duty, and expenses authorized by section 

7 16131 of title 10, United States Code; and for payments 

8 to the Department of Defense Military Retirement Fund, 

9 $3,408,817,000. 

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1 TITLE II 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, ARMY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Army, as author6 ized by law, $38,816,957,000: Provided, That not to ex7 ceed $12,478,000 can be used for emergencies and ex8 traordinary expenses, to be expended on the approval or 

9 authority of the Secretary of the Army, and payments may 

10 be made on his certificate of necessity for confidential mili11 tary purposes. 

12 OPERATION AND MAINTENANCE, NAVY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Navy and the 

15 Marine Corps, as authorized by law, $45,384,353,000: 

16 Provided, That not to exceed $15,055,000 can be used for 

17 emergencies and extraordinary expenses, to be expended 

18 on the approval or authority of the Secretary of the Navy, 

19 and payments may be made on his certificate of necessity 

20 for confidential military purposes. 

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance of the Marine Corps, 

24 as authorized by law, $6,605,546,000. 

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1 OPERATION AND MAINTENANCE, AIR FORCE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Air Force, as 

4 authorized by law, $39,544,193,000: Provided, That not 

5 to exceed $7,699,000 can be used for emergencies and ex6 traordinary expenses, to be expended on the approval or 

7 authority of the Secretary of the Air Force, and payments 

8 may be made on his certificate of necessity for confidential 

9 military purposes. 

10 OPERATION AND MAINTENANCE, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of activities and agen14 cies of the Department of Defense (other than the military 

15 departments), as authorized by law, $34,059,257,000: 

16 Provided, That not more than $15,000,000 may be used 

17 for the Combatant Commander Initiative Fund authorized 

18 under section 166a of title 10, United States Code: Pro19 vided further, That not to exceed $36,000,000 can be used 

20 for emergencies and extraordinary expenses, to be ex21 pended on the approval or authority of the Secretary of 

22 Defense, and payments may be made on his certificate of 

23 necessity for confidential military purposes: Provided fur24 ther, That of the funds provided under this heading, not 

25 less than $38,458,000 shall be made available for the ProMarch 21, 2018 (6:08 p.m.)
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1 curement Technical Assistance Cooperative Agreement 

2 Program, of which not less than $3,600,000 shall be avail3 able for centers defined in 10 U.S.C. 2411(1)(D): Pro4 vided further, That none of the funds appropriated or oth5 erwise made available by this Act may be used to plan 

6 or implement the consolidation of a budget or appropria7 tions liaison office of the Office of the Secretary of De8 fense, the office of the Secretary of a military department, 

9 or the service headquarters of one of the Armed Forces 

10 into a legislative affairs or legislative liaison office: Pro11 vided further, That $9,385,000, to remain available until 

12 expended, is available only for expenses relating to certain 

13 classified activities, and may be transferred as necessary 

14 by the Secretary of Defense to operation and maintenance 

15 appropriations or research, development, test and evalua16 tion appropriations, to be merged with and to be available 

17 for the same time period as the appropriations to which 

18 transferred: Provided further, That any ceiling on the in19 vestment item unit cost of items that may be purchased 

20 with operation and maintenance funds shall not apply to 

21 the funds described in the preceding proviso: Provided fur22 ther, That of the funds provided under this heading, 

23 $631,670,000, of which $157,917,000, to remain available 

24 until September 30, 2019, shall be available to provide 

25 support and assistance to foreign security forces or other 

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1 groups or individuals to conduct, support or facilitate 

2 counterterrorism, crisis response, or other Department of 

3 Defense security cooperation programs: Provided further, 

4 That the transfer authority provided under this heading 

5 is in addition to any other transfer authority provided else6 where in this Act. 

7 OPERATION AND MAINTENANCE, ARMY RESERVE

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance, including training, or10 ganization, and administration, of the Army Reserve; re11 pair of facilities and equipment; hire of passenger motor 

12 vehicles; travel and transportation; care of the dead; re13 cruiting; procurement of services, supplies, and equip14 ment; and communications, $2,877,104,000. 

15 OPERATION AND MAINTENANCE, NAVY RESERVE

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance, including training, or18 ganization, and administration, of the Navy Reserve; re19 pair of facilities and equipment; hire of passenger motor 

20 vehicles; travel and transportation; care of the dead; re21 cruiting; procurement of services, supplies, and equip22 ment; and communications, $1,069,707,000. 

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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger 

7 motor vehicles; travel and transportation; care of the dead; 

8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $284,837,000. 

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Air Force Reserve; 

14 repair of facilities and equipment; hire of passenger motor 

15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $3,202,307,000. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For expenses of training, organizing, and admin21 istering the Army National Guard, including medical and 

22 hospital treatment and related expenses in non-Federal 

23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel exMarch 21, 2018 (6:08 p.m.)
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1 penses (other than mileage), as authorized by law for 

2 Army personnel on active duty, for Army National Guard 

3 division, regimental, and battalion commanders while in4 specting units in compliance with National Guard Bureau 

5 regulations when specifically authorized by the Chief, Na6 tional Guard Bureau; supplying and equipping the Army 

7 National Guard as authorized by law; and expenses of re8 pair, modification, maintenance, and issue of supplies and 

9 equipment (including aircraft), $7,284,170,000. 

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For expenses of training, organizing, and admin12 istering the Air National Guard, including medical and 

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; transportation of things, hire of pas16 senger motor vehicles; supplying and equipping the Air 

17 National Guard, as authorized by law; expenses for repair, 

18 modification, maintenance, and issue of supplies and 

19 equipment, including those furnished from stocks under 

20 the control of agencies of the Department of Defense; 

21 travel expenses (other than mileage) on the same basis as 

22 authorized by law for Air National Guard personnel on 

23 active Federal duty, for Air National Guard commanders 

24 while inspecting units in compliance with National Guard 

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1 Bureau regulations when specifically authorized by the 

2 Chief, National Guard Bureau, $6,900,798,000. 

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United 

6 States Court of Appeals for the Armed Forces, 

7 $14,538,000, of which not to exceed $5,000 may be used 

8 for official representation purposes. 

9 ENVIRONMENTAL RESTORATION, ARMY

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of the Army, $235,809,000, to 

12 remain available until transferred: Provided, That the Sec13 retary of the Army shall, upon determining that such 

14 funds are required for environmental restoration, reduc15 tion and recycling of hazardous waste, removal of unsafe 

16 buildings and debris of the Department of the Army, or 

17 for similar purposes, transfer the funds made available by 

18 this appropriation to other appropriations made available 

19 to the Department of the Army, to be merged with and 

20 to be available for the same purposes and for the same 

21 time period as the appropriations to which transferred: 

22 Provided further, That upon a determination that all or 

23 part of the funds transferred from this appropriation are 

24 not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation: 

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1 Provided further, That the transfer authority provided 

2 under this heading is in addition to any other transfer au3 thority provided elsewhere in this Act. 

4 ENVIRONMENTAL RESTORATION, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of the Navy, $365,883,000, to 

7 remain available until transferred: Provided, That the Sec8 retary of the Navy shall, upon determining that such 

9 funds are required for environmental restoration, reduc10 tion and recycling of hazardous waste, removal of unsafe 

11 buildings and debris of the Department of the Navy, or 

12 for similar purposes, transfer the funds made available by 

13 this appropriation to other appropriations made available 

14 to the Department of the Navy, to be merged with and 

15 to be available for the same purposes and for the same 

16 time period as the appropriations to which transferred: 

17 Provided further, That upon a determination that all or 

18 part of the funds transferred from this appropriation are 

19 not necessary for the purposes provided herein, such 

20 amounts may be transferred back to this appropriation: 

21 Provided further, That the transfer authority provided 

22 under this heading is in addition to any other transfer au23 thority provided elsewhere in this Act. 

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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $352,549,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 

9 Force, or for similar purposes, transfer the funds made 

10 available by this appropriation to other appropriations 

11 made available to the Department of the Air Force, to be 

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 

18 this appropriation: Provided further, That the transfer au19 thority provided under this heading is in addition to any 

20 other transfer authority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $19,002,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 

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1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

3 and debris of the Department of Defense, or for similar 

4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of Defense, to be merged with and to be avail7 able for the same purposes and for the same time period 

8 as the appropriations to which transferred: Provided fur9 ther, That upon a determination that all or part of the 

10 funds transferred from this appropriation are not nec11 essary for the purposes provided herein, such amounts 

12 may be transferred back to this appropriation: Provided 

13 further, That the transfer authority provided under this 

14 heading is in addition to any other transfer authority pro15 vided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, FORMERLY USED

17 DEFENSE SITES

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Army, $248,673,000, to 

20 remain available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such 

22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 

24 buildings and debris at sites formerly used by the Depart25 ment of Defense, transfer the funds made available by this 

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1 appropriation to other appropriations made available to 

2 the Department of the Army, to be merged with and to 

3 be available for the same purposes and for the same time 

4 period as the appropriations to which transferred: Pro5 vided further, That upon a determination that all or part 

6 of the funds transferred from this appropriation are not 

7 necessary for the purposes provided herein, such amounts 

8 may be transferred back to this appropriation: Provided 

9 further, That the transfer authority provided under this 

10 heading is in addition to any other transfer authority pro11 vided elsewhere in this Act. 

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humanitarian, 

14 Disaster, and Civic Aid programs of the Department of 

15 Defense (consisting of the programs provided under sec16 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

17 United States Code), $129,900,000, to remain available 

18 until September 30, 2019. 

19 COOPERATIVE THREAT REDUCTION ACCOUNT

20 For assistance, including assistance provided by con21 tract or by grants, under programs and activities of the 

22 Department of Defense Cooperative Threat Reduction 

23 Program authorized under the Department of Defense Co24 operative Threat Reduction Act, $350,000,000, to remain 

25 available until September 30, 2020. 

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1 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

2 DEVELOPMENT FUND

3 For the Department of Defense Acquisition Work4 force Development Fund, $500,000,000, to remain avail5 able for obligation until September 30, 2019: Provided, 

6 That no other amounts may be otherwise credited or 

7 transferred to the Fund, or deposited into the Fund, in 

8 fiscal year 2018 pursuant to section 1705(d) of title 10, 

9 United States Code: Provided further, That within 60 days 

10 after the date of enactment of this Act, the Secretary of 

11 Defense shall transfer to the Treasury from amounts 

12 made available under this heading an amount equal to any 

13 amounts transferred to the Fund for fiscal year 2018 be14 fore the date of the enactment of this Act pursuant to 

15 section 1705(d)(3) of title 10, United States Code, or any 

16 other provision of law: Provided further, That amounts so 

17 transferred shall be deposited in the Treasury as miscella18 neous receipts. 

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1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

10 and such lands and interests therein, may be acquired, 

11 and construction prosecuted thereon prior to approval of 

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $5,535,794,000, to remain available 

17 for obligation until September 30, 2020. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

25 and such lands and interests therein, may be acquired, 

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1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $3,196,910,000, to remain available 

7 for obligation until September 30, 2020. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $4,391,573,000, to remain available for obliga23 tion until September 30, 2020. 

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1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $2,548,740,000, to remain 

15 available for obligation until September 30, 2020. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and 

18 modification of vehicles, including tactical, support, and 

19 non-tracked combat vehicles; the purchase of passenger 

20 motor vehicles for replacement only; communications and 

21 electronic equipment; other support equipment; spare 

22 parts, ordnance, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including the land necessary therefor, for 

25 the foregoing purposes, and such lands and interests 

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1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; and procurement and 

3 installation of equipment, appliances, and machine tools 

4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 

6 expenses necessary for the foregoing purposes, 

7 $8,298,418,000, to remain available for obligation until 

8 September 30, 2020. 

9 AIRCRAFT PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of aircraft, equipment, including 

12 ordnance, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; and procurement and 

17 installation of equipment, appliances, and machine tools 

18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway, 

20 $19,957,380,000, to remain available for obligation until 

21 September 30, 2020. 

22 WEAPONS PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, 

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1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $3,510,590,000, to remain available for obliga9 tion until September 30, 2020. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 

24 for the foregoing purposes, $804,335,000, to remain avail25 able for obligation until September 30, 2020. 

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1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Ohio Replacement Submarine (AP), 

15 $861,853,000; 

16 Carrier Replacement Program (CVN 80), 

17 $1,569,646,000; 

18 Carrier Replacement Program (CVN 79), 

19 $2,561,058,000; 

20 Virginia Class Submarine, $3,305,315,000; 

21 Virginia Class Submarine (AP), 

22 $2,145,596,000; 

23 CVN Refueling Overhauls, $1,569,669,000; 

24 CVN Refueling Overhauls (AP), $75,897,000; 

25 DDG–1000 Program, $216,968,000; 

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1 DDG–51 Destroyer, $3,357,079,000; 

2 DDG–51 Destroyer (AP), $90,336,000; 

3 Littoral Combat Ship, $1,566,971,000; 

4 Amphibious Ship Replacement, $1,800,000,000; 

5 Expeditionary Sea Base, $635,000,000; 

6 LHA Replacement, $1,710,927,000; 

7 Expeditionary Fast Transport, $225,000,000; 

8 TAO Fleet Oiler, $457,988,000; 

9 TAO Fleet Oiler (AP), $75,068,000; 

10 Towing, Salvage, and Rescue Ship, 

11 $76,204,000; 

12 T–AGS Oceanographic Survey Ship, 

13 $180,000,000; 

14 Ship to Shore Connector, $524,554,000; 

15 Service Craft, $62,994,000; 

16 For outfitting, post delivery, conversions, and 

17 first destination transportation, $489,073,000; 

18 Completion of Prior Year Shipbuilding Pro19 grams, $117,542,000; and 

20 Polar Icebreakers, $150,000,000. 

21 In all: $23,824,738,000, to remain available for obli22 gation until September 30, 2022: Provided, That addi23 tional obligations may be incurred after September 30, 

24 2022, for engineering services, tests, evaluations, and 

25 other such budgeted work that must be performed in the 

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1 final stage of ship construction: Provided further, That 

2 none of the funds provided under this heading for the con3 struction or conversion of any naval vessel to be con4 structed in shipyards in the United States shall be ex5 pended in foreign facilities for the construction of major 

6 components of such vessel: Provided further, That none 

7 of the funds provided under this heading shall be used 

8 for the construction of any naval vessel in foreign ship9 yards: Provided further, That funds appropriated or other10 wise made available by this Act for production of the com11 mon missile compartment of nuclear-powered vessels may 

12 be available for multiyear procurement of critical compo13 nents to support continuous production of such compart14 ments only in accordance with the provisions of subsection 

15 (i) of section 2218a of title 10, United States Code (as 

16 added by section 1023 of the National Defense Authoriza17 tion Act for Fiscal Year 2017 (Public Law 114–328)). 

18 OTHER PROCUREMENT, NAVY

19 For procurement, production, and modernization of 

20 support equipment and materials not otherwise provided 

21 for, Navy ordnance (except ordnance for new aircraft, new 

22 ships, and ships authorized for conversion); the purchase 

23 of passenger motor vehicles for replacement only; expan24 sion of public and private plants, including the land nec25 essary therefor, and such lands and interests therein, may 

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1 be acquired, and construction prosecuted thereon prior to 

2 approval of title; and procurement and installation of 

3 equipment, appliances, and machine tools in public and 

4 private plants; reserve plant and Government and con5 tractor-owned equipment layaway, $7,941,018,000, to re6 main available for obligation until September 30, 2020. 

7 PROCUREMENT, MARINE CORPS

8 For expenses necessary for the procurement, manu9 facture, and modification of missiles, armament, military 

10 equipment, spare parts, and accessories therefor; plant 

11 equipment, appliances, and machine tools, and installation 

12 thereof in public and private plants; reserve plant and 

13 Government and contractor-owned equipment layaway; ve14 hicles for the Marine Corps, including the purchase of pas15 senger motor vehicles for replacement only; and expansion 

16 of public and private plants, including land necessary 

17 therefor, and such lands and interests therein, may be ac18 quired, and construction prosecuted thereon prior to ap19 proval of title, $1,942,737,000, to remain available for ob20 ligation until September 30, 2020. 

21 AIRCRAFT PROCUREMENT, AIR FORCE

22 For construction, procurement, and modification of 

23 aircraft and equipment, including armor and armament, 

24 specialized ground handling equipment, and training de25 vices, spare parts, and accessories therefor; specialized 

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1 equipment; expansion of public and private plants, Gov2 ernment-owned equipment and installation thereof in such 

3 plants, erection of structures, and acquisition of land, for 

4 the foregoing purposes, and such lands and interests 

5 therein, may be acquired, and construction prosecuted 

6 thereon prior to approval of title; reserve plant and Gov7 ernment and contractor-owned equipment layaway; and 

8 other expenses necessary for the foregoing purposes in9 cluding rents and transportation of things, 

10 $18,504,556,000, to remain available for obligation until 

11 September 30, 2020. 

12 MISSILE PROCUREMENT, AIR FORCE

13 For construction, procurement, and modification of 

14 missiles, rockets, and related equipment, including spare 

15 parts and accessories therefor; ground handling equip16 ment, and training devices; expansion of public and pri17 vate plants, Government-owned equipment and installa18 tion thereof in such plants, erection of structures, and ac19 quisition of land, for the foregoing purposes, and such 

20 lands and interests therein, may be acquired, and con21 struction prosecuted thereon prior to approval of title; re22 serve plant and Government and contractor-owned equip23 ment layaway; and other expenses necessary for the fore24 going purposes including rents and transportation of 

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1 things, $2,207,747,000, to remain available for obligation 

2 until September 30, 2020. 

3 SPACE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

5 spacecraft, rockets, and related equipment, including 

6 spare parts and accessories therefor; ground handling 

7 equipment, and training devices; expansion of public and 

8 private plants, Government-owned equipment and installa9 tion thereof in such plants, erection of structures, and ac10 quisition of land, for the foregoing purposes, and such 

11 lands and interests therein, may be acquired, and con12 struction prosecuted thereon prior to approval of title; re13 serve plant and Government and contractor-owned equip14 ment layaway; and other expenses necessary for the fore15 going purposes including rents and transportation of 

16 things, $3,552,175,000, to remain available for obligation 

17 until September 30, 2020. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

20 modification of ammunition, and accessories therefor; spe21 cialized equipment and training devices; expansion of pub22 lic and private plants, including ammunition facilities, au23 thorized by section 2854 of title 10, United States Code, 

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be acMarch 21, 2018 (6:08 p.m.)
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1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private 

4 plants; reserve plant and Government and contractor5 owned equipment layaway; and other expenses necessary 

6 for the foregoing purposes, $1,651,977,000, to remain 

7 available for obligation until September 30, 2020. 

8 OTHER PROCUREMENT, AIR FORCE

9 For procurement and modification of equipment (in10 cluding ground guidance and electronic control equipment, 

11 and ground electronic and communication equipment), 

12 and supplies, materials, and spare parts therefor, not oth13 erwise provided for; the purchase of passenger motor vehi14 cles for replacement only; lease of passenger motor vehi15 cles; and expansion of public and private plants, Govern16 ment-owned equipment and installation thereof in such 

17 plants, erection of structures, and acquisition of land, for 

18 the foregoing purposes, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon, prior to approval of title; reserve plant and Gov21 ernment and contractor-owned equipment layaway, 

22 $20,503,273,000, to remain available for obligation until 

23 September 30, 2020. 

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1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) 

4 necessary for procurement, production, and modification 

5 of equipment, supplies, materials, and spare parts there6 for, not otherwise provided for; the purchase of passenger 

7 motor vehicles for replacement only; expansion of public 

8 and private plants, equipment, and installation thereof in 

9 such plants, erection of structures, and acquisition of land 

10 for the foregoing purposes, and such lands and interests 

11 therein, may be acquired, and construction prosecuted 

12 thereon prior to approval of title; reserve plant and Gov13 ernment and contractor-owned equipment layaway, 

14 $5,429,270,000, to remain available for obligation until 

15 September 30, 2020. 

16 DEFENSE PRODUCTION ACT PURCHASES

17 For activities by the Department of Defense pursuant 

18 to sections 108, 301, 302, and 303 of the Defense Produc19 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

20 $67,401,000, to remain available until expended. 

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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $10,647,426,000, to remain avail10 able for obligation until September 30, 2019. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $18,010,754,000, to remain avail17 able for obligation until September 30, 2019: Provided, 

18 That funds appropriated in this paragraph which are 

19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 AIR FORCE

23 For expenses necessary for basic and applied sci24 entific research, development, test and evaluation, includ25 ing maintenance, rehabilitation, lease, and operation of faMarch 21, 2018 (6:08 p.m.)
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1 cilities and equipment, $37,428,078,000, to remain avail2 able for obligation until September 30, 2019. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 DEFENSE-WIDE

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses of activities and agencies of the Depart7 ment of Defense (other than the military departments), 

8 necessary for basic and applied scientific research, devel9 opment, test and evaluation; advanced research projects 

10 as may be designated and determined by the Secretary 

11 of Defense, pursuant to law; maintenance, rehabilitation, 

12 lease, and operation of facilities and equipment, 

13 $22,010,975,000, to remain available for obligation until 

14 September 30, 2019: Provided, That, of the funds made 

15 available in this paragraph, $250,000,000 for the Defense 

16 Rapid Innovation Program shall only be available for ex17 penses, not otherwise provided for, to include program 

18 management and oversight, to conduct research, develop19 ment, test and evaluation to include proof of concept dem20 onstration; engineering, testing, and validation; and tran21 sition to full-scale production: Provided further, That the 

22 Secretary of Defense may transfer funds provided herein 

23 for the Defense Rapid Innovation Program to appropria24 tions for research, development, test and evaluation to ac25 complish the purpose provided herein: Provided further, 

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1 That this transfer authority is in addition to any other 

2 transfer authority available to the Department of Defense: 

3 Provided further, That the Secretary of Defense shall, not 

4 fewer than 30 days prior to making transfers from this 

5 appropriation, notify the congressional defense committees 

6 in writing of the details of any such transfer. 

7 OPERATIONAL TEST AND EVALUATION, DEFENSE

8 For expenses, not otherwise provided for, necessary 

9 for the independent activities of the Director, Operational 

10 Test and Evaluation, in the direction and supervision of 

11 operational test and evaluation, including initial oper12 ational test and evaluation which is conducted prior to, 

13 and in support of, production decisions; joint operational 

14 testing and evaluation; and administrative expenses in 

15 connection therewith, $210,900,000, to remain available 

16 for obligation until September 30, 2019. 

17 TITLE V 

18 REVOLVING AND MANAGEMENT FUNDS 

19 DEFENSE WORKING CAPITAL FUNDS

20 For the Defense Working Capital Funds, 

21 $1,685,596,000. 

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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

6 as authorized by law, $34,428,167,000; of which 

7 $31,521,850,000 shall be for operation and maintenance, 

8 of which not to exceed one percent shall remain available 

9 for obligation until September 30, 2019, and of which up 

10 to $15,349,700,000 may be available for contracts entered 

11 into under the TRICARE program; of which 

12 $867,002,000, to remain available for obligation until Sep13 tember 30, 2020, shall be for procurement; and of which 

14 $2,039,315,000, to remain available for obligation until 

15 September 30, 2019, shall be for research, development, 

16 test and evaluation: Provided, That, notwithstanding any 

17 other provision of law, of the amount made available under 

18 this heading for research, development, test and evalua19 tion, not less than $8,000,000 shall be available for HIV 

20 prevention educational activities undertaken in connection 

21 with United States military training, exercises, and hu22 manitarian assistance activities conducted primarily in Af23 rican nations: Provided further, That of the funds provided 

24 under this heading for research, development, test and 

25 evaluation, not less than $1,095,100,000 shall be made 

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1 available to the United States Army Medical Research and 

2 Materiel Command to carry out the congressionally di3 rected medical research programs. 

4 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

5 DEFENSE

6 For expenses, not otherwise provided for, necessary 

7 for the destruction of the United States stockpile of lethal 

8 chemical agents and munitions in accordance with the pro9 visions of section 1412 of the Department of Defense Au10 thorization Act, 1986 (50 U.S.C. 1521), and for the de11 struction of other chemical warfare materials that are not 

12 in the chemical weapon stockpile, $961,732,000, of which 

13 $104,237,000 shall be for operation and maintenance, of 

14 which no less than $49,401,000 shall be for the Chemical 

15 Stockpile Emergency Preparedness Program, consisting of 

16 $21,045,000 for activities on military installations and 

17 $28,356,000, to remain available until September 30, 

18 2019, to assist State and local governments; $18,081,000 

19 shall be for procurement, to remain available until Sep20 tember 30, 2020, of which $16,787,000 shall be for the 

21 Chemical Stockpile Emergency Preparedness Program to 

22 assist State and local governments and $1,294,000 for ac23 tivities on military installations; and $839,414,000, to re24 main available until September 30, 2019, shall be for re25 search, development, test and evaluation, of which 

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1 $831,900,000 shall only be for the Assembled Chemical 

2 Weapons Alternatives program. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For drug interdiction and counter-drug activities of 

7 the Department of Defense, for transfer to appropriations 

8 available to the Department of Defense for military per9 sonnel of the reserve components serving under the provi10 sions of title 10 and title 32, United States Code; for oper11 ation and maintenance; for procurement; and for research, 

12 development, test and evaluation, $934,814,000, of which 

13 $552,648,000 shall be for counter-narcotics support; 

14 $120,813,000 shall be for the drug demand reduction pro15 gram; $236,353,000 shall be for the National Guard 

16 counter-drug program; and $25,000,000 shall be for the 

17 National Guard counter-drug schools program: Provided, 

18 That the funds appropriated under this heading shall be 

19 available for obligation for the same time period and for 

20 the same purpose as the appropriation to which trans21 ferred: Provided further, That upon a determination that 

22 all or part of the funds transferred from this appropriation 

23 are not necessary for the purposes provided herein, such 

24 amounts may be transferred back to this appropriation: 

25 Provided further, That the transfer authority provided 

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1 under this heading is in addition to any other transfer au2 thority contained elsewhere in this Act. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For expenses and activities of the Office of the In5 spector General in carrying out the provisions of the In6 spector General Act of 1978, as amended, $321,887,000, 

7 of which $319,087,000 shall be for operation and mainte8 nance, of which not to exceed $700,000 is available for 

9 emergencies and extraordinary expenses to be expended on 

10 the approval or authority of the Inspector General, and 

11 payments may be made on the Inspector General’s certifi12 cate of necessity for confidential military purposes; and 

13 of which $2,800,000, to remain available until September 

14 30, 2019, shall be for research, development, test and eval15 uation. 

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1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Re6 tirement and Disability System Fund, to maintain the 

7 proper funding level for continuing the operation of the 

8 Central Intelligence Agency Retirement and Disability 

9 System, $514,000,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 For necessary expenses of the Intelligence Commu12 nity Management Account, $537,600,000. 

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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

6 SEC. 8002. During the current fiscal year, provisions 

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

9 shall not apply to personnel of the Department of Defense: 

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

12 Defense funded by this Act shall not be at a rate in excess 

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

15 computed under the provisions of section 5332 of title 5, 

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 

18 its own employees, whichever is higher: Provided further, 

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 

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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

3 the current fiscal year, unless expressly so provided herein. 

4 SEC. 8004. No more than 25 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,250,000,000 

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 

20 subdivision thereof, to be merged with and to be available 

21 for the same purposes, and for the same time period, as 

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated 

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1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 

3 That the Secretary of Defense shall notify the Congress 

4 promptly of all transfers made pursuant to this authority 

5 or any other authority in this Act: Provided further, That 

6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements, 

10 than those for which originally appropriated and in no 

11 case where the item for which reprogramming is requested 

12 has been denied by the Congress: Provided further, That 

13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June 

15 30, 2018: Provided further, That transfers among military 

16 personnel appropriations shall not be taken into account 

17 for purposes of the limitation on the amount of funds that 

18 may be transferred under this section. 

19 SEC. 8006. (a) With regard to the list of specific pro20 grams, projects, and activities (and the dollar amounts 

21 and adjustments to budget activities corresponding to 

22 such programs, projects, and activities) contained in the 

23 tables titled Explanation of Project Level Adjustments in 

24 the explanatory statement regarding this Act, the obliga25 tion and expenditure of amounts appropriated or otherMarch 21, 2018 (6:08 p.m.)
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1 wise made available in this Act for those programs, 

2 projects, and activities for which the amounts appro3 priated exceed the amounts requested are hereby required 

4 by law to be carried out in the manner provided by such 

5 tables to the same extent as if the tables were included 

6 in the text of this Act. 

7 (b) Amounts specified in the referenced tables de8 scribed in subsection (a) shall not be treated as subdivi9 sions of appropriations for purposes of section 8005 of this 

10 Act: Provided, That section 8005 shall apply when trans11 fers of the amounts described in subsection (a) occur be12 tween appropriation accounts. 

13 SEC. 8007. (a) Not later than 60 days after enact14 ment of this Act, the Department of Defense shall submit 

15 a report to the congressional defense committees to estab16 lish the baseline for application of reprogramming and 

17 transfer authorities for fiscal year 2018: Provided, That 

18 the report shall include— 

19 (1) a table for each appropriation with a sepa20 rate column to display the President’s budget re21 quest, adjustments made by Congress, adjustments 

22 due to enacted rescissions, if appropriate, and the 

23 fiscal year enacted level; 

24 (2) a delineation in the table for each appro25 priation both by budget activity and program, 

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1 project, and activity as detailed in the Budget Ap2 pendix; and 

3 (3) an identification of items of special congres4 sional interest. 

5 (b) Notwithstanding section 8005 of this Act, none 

6 of the funds provided in this Act shall be available for 

7 reprogramming or transfer until the report identified in 

8 subsection (a) is submitted to the congressional defense 

9 committees, unless the Secretary of Defense certifies in 

10 writing to the congressional defense committees that such 

11 reprogramming or transfer is necessary as an emergency 

12 requirement: Provided, That this subsection shall not 

13 apply to transfers from the following appropriations ac14 counts: 

15 (1) ‘‘Environmental Restoration, Army’’; 

16 (2) ‘‘Environmental Restoration, Navy’’; 

17 (3) ‘‘Environmental Restoration, Air Force’’; 

18 (4) ‘‘Environmental Restoration, Defense19 Wide’’; 

20 (5) ‘‘Environmental Restoration, Formerly 

21 Used Defense Sites’’; and 

22 (6) ‘‘Drug Interdiction and Counter-drug Ac23 tivities, Defense’’. 

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1 (TRANSFER OF FUNDS)

2 SEC. 8008. During the current fiscal year, cash bal3 ances in working capital funds of the Department of De4 fense established pursuant to section 2208 of title 10, 

5 United States Code, may be maintained in only such 

6 amounts as are necessary at any time for cash disburse7 ments to be made from such funds: Provided, That trans8 fers may be made between such funds: Provided further, 

9 That transfers may be made between working capital 

10 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

11 appropriation and the ‘‘Operation and Maintenance’’ ap12 propriation accounts in such amounts as may be deter13 mined by the Secretary of Defense, with the approval of 

14 the Office of Management and Budget, except that such 

15 transfers may not be made unless the Secretary of Defense 

16 has notified the Congress of the proposed transfer: Pro17 vided further, That except in amounts equal to the 

18 amounts appropriated to working capital funds in this Act, 

19 no obligations may be made against a working capital fund 

20 to procure or increase the value of war reserve material 

21 inventory, unless the Secretary of Defense has notified the 

22 Congress prior to any such obligation. 

23 SEC. 8009. Funds appropriated by this Act may not 

24 be used to initiate a special access program without prior 

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1 notification 30 calendar days in advance to the congres2 sional defense committees. 

3 SEC. 8010. None of the funds provided in this Act 

4 shall be available to initiate: (1) a multiyear contract that 

5 employs economic order quantity procurement in excess of 

6 $20,000,000 in any one year of the contract or that in7 cludes an unfunded contingent liability in excess of 

8 $20,000,000; or (2) a contract for advance procurement 

9 leading to a multiyear contract that employs economic 

10 order quantity procurement in excess of $20,000,000 in 

11 any one year, unless the congressional defense committees 

12 have been notified at least 30 days in advance of the pro13 posed contract award: Provided, That no part of any ap14 propriation contained in this Act shall be available to ini15 tiate a multiyear contract for which the economic order 

16 quantity advance procurement is not funded at least to 

17 the limits of the Government’s liability: Provided further, 

18 That no part of any appropriation contained in this Act 

19 shall be available to initiate multiyear procurement con20 tracts for any systems or component thereof if the value 

21 of the multiyear contract would exceed $500,000,000 un22 less specifically provided in this Act: Provided further, 

23 That no multiyear procurement contract can be termi24 nated without 30-day prior notification to the congres25 sional defense committees: Provided further, That the exeMarch 21, 2018 (6:08 p.m.)
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1 cution of multiyear authority shall require the use of a 

2 present value analysis to determine lowest cost compared 

3 to an annual procurement: Provided further, That none of 

4 the funds provided in this Act may be used for a multiyear 

5 contract executed after the date of the enactment of this 

6 Act unless in the case of any such contract— 

7 (1) the Secretary of Defense has submitted to 

8 Congress a budget request for full funding of units 

9 to be procured through the contract and, in the case 

10 of a contract for procurement of aircraft, that in11 cludes, for any aircraft unit to be procured through 

12 the contract for which procurement funds are re13 quested in that budget request for production be14 yond advance procurement activities in the fiscal 

15 year covered by the budget, full funding of procure16 ment of such unit in that fiscal year; 

17 (2) cancellation provisions in the contract do 

18 not include consideration of recurring manufacturing 

19 costs of the contractor associated with the produc20 tion of unfunded units to be delivered under the con21 tract; 

22 (3) the contract provides that payments to the 

23 contractor under the contract shall not be made in 

24 advance of incurred costs on funded units; and 

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1 (4) the contract does not provide for a price ad2 justment based on a failure to award a follow-on 

3 contract. 

4 Funds appropriated in title III of this Act may be 

5 used for a multiyear procurement contract as follows: V– 

6 22 Osprey aircraft variants; up to 13 SSN Virginia Class 

7 Submarines and Government-furnished equipment; and 

8 DDG–51 Arleigh Burke class Flight III guided missile de9 stroyers, the MK41 Vertical Launching Systems, and as10 sociated Government-furnished systems and subsystems: 

11 Provided, That the term of any multiyear procurement 

12 contract for V–22 Osprey aircraft variants entered into 

13 for use of any part of any appropriation contained in this 

14 Act may not exceed 5 years. 

15 SEC. 8011. Within the funds appropriated for the op16 eration and maintenance of the Armed Forces, funds are 

17 hereby appropriated pursuant to section 401 of title 10, 

18 United States Code, for humanitarian and civic assistance 

19 costs under chapter 20 of title 10, United States Code. 

20 Such funds may also be obligated for humanitarian and 

21 civic assistance costs incidental to authorized operations 

22 and pursuant to authority granted in section 401 of chap23 ter 20 of title 10, United States Code, and these obliga24 tions shall be reported as required by section 401(d) of 

25 title 10, United States Code: Provided, That funds availMarch 21, 2018 (6:08 p.m.)
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1 able for operation and maintenance shall be available for 

2 providing humanitarian and similar assistance by using 

3 Civic Action Teams in the Trust Territories of the Pacific 

4 Islands and freely associated states of Micronesia, pursu5 ant to the Compact of Free Association as authorized by 

6 Public Law 99–239: Provided further, That upon a deter7 mination by the Secretary of the Army that such action 

8 is beneficial for graduate medical education programs con9 ducted at Army medical facilities located in Hawaii, the 

10 Secretary of the Army may authorize the provision of med11 ical services at such facilities and transportation to such 

12 facilities, on a nonreimbursable basis, for civilian patients 

13 from American Samoa, the Commonwealth of the North14 ern Mariana Islands, the Marshall Islands, the Federated 

15 States of Micronesia, Palau, and Guam. 

16 SEC. 8012. (a) During the current fiscal year, the 

17 civilian personnel of the Department of Defense may not 

18 be managed on the basis of any end-strength, and the 

19 management of such personnel during that fiscal year 

20 shall not be subject to any constraint or limitation (known 

21 as an end-strength) on the number of such personnel who 

22 may be employed on the last day of such fiscal year. 

23 (b) The fiscal year 2019 budget request for the De24 partment of Defense as well as all justification material 

25 and other documentation supporting the fiscal year 2019 

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1 Department of Defense budget request shall be prepared 

2 and submitted to the Congress as if subsections (a) and 

3 (b) of this provision were effective with regard to fiscal 

4 year 2019. 

5 (c) As required by section 1107 of the National De6 fense Authorization Act for Fiscal Year 2014 (Public Law 

7 113–66; 10 U.S.C. 2358 note) civilian personnel at the 

8 Department of Army Science and Technology Reinvention 

9 Laboratories may not be managed on the basis of the 

10 Table of Distribution and Allowances, and the manage11 ment of the workforce strength shall be done in a manner 

12 consistent with the budget available with respect to such 

13 Laboratories. 

14 (d) Nothing in this section shall be construed to apply 

15 to military (civilian) technicians. 

16 SEC. 8013. None of the funds made available by this 

17 Act shall be used in any way, directly or indirectly, to in18 fluence congressional action on any legislation or appro19 priation matters pending before the Congress. 

20 SEC. 8014. None of the funds appropriated by this 

21 Act shall be available for the basic pay and allowances of 

22 any member of the Army participating as a full-time stu23 dent and receiving benefits paid by the Secretary of Vet24 erans Affairs from the Department of Defense Education 

25 Benefits Fund when time spent as a full-time student is 

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1 credited toward completion of a service commitment: Pro2 vided, That this section shall not apply to those members 

3 who have reenlisted with this option prior to October 1, 

4 1987: Provided further, That this section applies only to 

5 active components of the Army. 

6 (TRANSFER OF FUNDS)

7 SEC. 8015. Funds appropriated in title III of this Act 

8 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro9 gram may be transferred to any other appropriation con10 tained in this Act solely for the purpose of implementing 

11 a Mentor-Prote ́ge ́ Program developmental assistance 

12 agreement pursuant to section 831 of the National De13 fense Authorization Act for Fiscal Year 1991 (Public Law 

14 101–510; 10 U.S.C. 2302 note), as amended, under the 

15 authority of this provision or any other transfer authority 

16 contained in this Act. 

17 SEC. 8016. None of the funds in this Act may be 

18 available for the purchase by the Department of Defense 

19 (and its departments and agencies) of welded shipboard 

20 anchor and mooring chain 4 inches in diameter and under 

21 unless the anchor and mooring chain are manufactured 

22 in the United States from components which are substan23 tially manufactured in the United States: Provided, That 

24 for the purpose of this section, the term ‘‘manufactured’’ 

25 shall include cutting, heat treating, quality control, testing 

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1 of chain and welding (including the forging and shot blast2 ing process): Provided further, That for the purpose of this 

3 section substantially all of the components of anchor and 

4 mooring chain shall be considered to be produced or manu5 factured in the United States if the aggregate cost of the 

6 components produced or manufactured in the United 

7 States exceeds the aggregate cost of the components pro8 duced or manufactured outside the United States: Pro9 vided further, That when adequate domestic supplies are 

10 not available to meet Department of Defense requirements 

11 on a timely basis, the Secretary of the service responsible 

12 for the procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees 

14 on Appropriations that such an acquisition must be made 

15 in order to acquire capability for national security pur16 poses. 

17 SEC. 8017. None of the funds appropriated by this 

18 Act shall be used for the support of any nonappropriated 

19 funds activity of the Department of Defense that procures 

20 malt beverages and wine with nonappropriated funds for 

21 resale (including such alcoholic beverages sold by the 

22 drink) on a military installation located in the United 

23 States unless such malt beverages and wine are procured 

24 within that State, or in the case of the District of Colum25 bia, within the District of Columbia, in which the military 

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1 installation is located: Provided, That, in a case in which 

2 the military installation is located in more than one State, 

3 purchases may be made in any State in which the installa4 tion is located: Provided further, That such local procure5 ment requirements for malt beverages and wine shall 

6 apply to all alcoholic beverages only for military installa7 tions in States which are not contiguous with another 

8 State: Provided further, That alcoholic beverages other 

9 than wine and malt beverages, in contiguous States and 

10 the District of Columbia shall be procured from the most 

11 competitive source, price and other factors considered. 

12 SEC. 8018. None of the funds available to the De13 partment of Defense may be used to demilitarize or dis14 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

15 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

16 to demilitarize or destroy small arms ammunition or am17 munition components that are not otherwise prohibited 

18 from commercial sale under Federal law, unless the small 

19 arms ammunition or ammunition components are certified 

20 by the Secretary of the Army or designee as unserviceable 

21 or unsafe for further use. 

22 SEC. 8019. No more than $500,000 of the funds ap23 propriated or made available in this Act shall be used dur24 ing a single fiscal year for any single relocation of an orga25 nization, unit, activity or function of the Department of 

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1 Defense into or within the National Capital Region: Pro2 vided, That the Secretary of Defense may waive this re3 striction on a case-by-case basis by certifying in writing 

4 to the congressional defense committees that such a relo5 cation is required in the best interest of the Government. 

6 SEC. 8020. Of the funds made available in this Act, 

7 $20,000,000 shall be available for incentive payments au8 thorized by section 504 of the Indian Financing Act of 

9 1974 (25 U.S.C. 1544): Provided, That a prime contractor 

10 or a subcontractor at any tier that makes a subcontract 

11 award to any subcontractor or supplier as defined in sec12 tion 1544 of title 25, United States Code, or a small busi13 ness owned and controlled by an individual or individuals 

14 defined under section 4221(9) of title 25, United States 

15 Code, shall be considered a contractor for the purposes 

16 of being allowed additional compensation under section 

17 504 of the Indian Financing Act of 1974 (25 U.S.C. 

18 1544) whenever the prime contract or subcontract amount 

19 is over $500,000 and involves the expenditure of funds 

20 appropriated by an Act making appropriations for the De21 partment of Defense with respect to any fiscal year: Pro22 vided further, That notwithstanding section 1906 of title 

23 41, United States Code, this section shall be applicable 

24 to any Department of Defense acquisition of supplies or 

25 services, including any contract and any subcontract at 

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1 any tier for acquisition of commercial items produced or 

2 manufactured, in whole or in part, by any subcontractor 

3 or supplier defined in section 1544 of title 25, United 

4 States Code, or a small business owned and controlled by 

5 an individual or individuals defined under section 4221(9) 

6 of title 25, United States Code. 

7 SEC. 8021. Funds appropriated by this Act for the 

8 Defense Media Activity shall not be used for any national 

9 or international political or psychological activities. 

10 SEC. 8022. During the current fiscal year, the De11 partment of Defense is authorized to incur obligations of 

12 not to exceed $350,000,000 for purposes specified in sec13 tion 2350j(c) of title 10, United States Code, in anticipa14 tion of receipt of contributions, only from the Government 

15 of Kuwait, under that section: Provided, That, upon re16 ceipt, such contributions from the Government of Kuwait 

17 shall be credited to the appropriations or fund which in18 curred such obligations. 

19 SEC. 8023. (a) Of the funds made available in this 

20 Act, not less than $43,100,000 shall be available for the 

21 Civil Air Patrol Corporation, of which— 

22 (1) $30,800,000 shall be available from ‘‘Oper23 ation and Maintenance, Air Force’’ to support Civil 

24 Air Patrol Corporation operation and maintenance, 

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1 readiness, counter-drug activities, and drug demand 

2 reduction activities involving youth programs; 

3 (2) $10,600,000 shall be available from ‘‘Air4 craft Procurement, Air Force’’; and 

5 (3) $1,700,000 shall be available from ‘‘Other 

6 Procurement, Air Force’’ for vehicle procurement. 

7 (b) The Secretary of the Air Force should waive reim8 bursement for any funds used by the Civil Air Patrol for 

9 counter-drug activities in support of Federal, State, and 

10 local government agencies. 

11 SEC. 8024. (a) None of the funds appropriated in this 

12 Act are available to establish a new Department of De13 fense (department) federally funded research and develop14 ment center (FFRDC), either as a new entity, or as a 

15 separate entity administrated by an organization man16 aging another FFRDC, or as a nonprofit membership cor17 poration consisting of a consortium of other FFRDCs and 

18 other nonprofit entities. 

19 (b) No member of a Board of Directors, Trustees, 

20 Overseers, Advisory Group, Special Issues Panel, Visiting 

21 Committee, or any similar entity of a defense FFRDC, 

22 and no paid consultant to any defense FFRDC, except 

23 when acting in a technical advisory capacity, may be com24 pensated for his or her services as a member of such enti25 ty, or as a paid consultant by more than one FFRDC in 

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1 a fiscal year: Provided, That a member of any such entity 

2 referred to previously in this subsection shall be allowed 

3 travel expenses and per diem as authorized under the Fed4 eral Joint Travel Regulations, when engaged in the per5 formance of membership duties. 

6 (c) Notwithstanding any other provision of law, none 

7 of the funds available to the department from any source 

8 during the current fiscal year may be used by a defense 

9 FFRDC, through a fee or other payment mechanism, for 

10 construction of new buildings not located on a military in11 stallation, for payment of cost sharing for projects funded 

12 by Government grants, for absorption of contract over13 runs, or for certain charitable contributions, not to include 

14 employee participation in community service and/or devel15 opment. 

16 (d) Notwithstanding any other provision of law, of 

17 the funds available to the department during fiscal year 

18 2018, not more than 6,030 staff years of technical effort 

19 (staff years) may be funded for defense FFRDCs: Pro20 vided, That, of the specific amount referred to previously 

21 in this subsection, not more than 1,125 staff years may 

22 be funded for the defense studies and analysis FFRDCs: 

23 Provided further, That this subsection shall not apply to 

24 staff years funded in the National Intelligence Program 

25 (NIP) and the Military Intelligence Program (MIP). 

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1 (e) The Secretary of Defense shall, with the submis2 sion of the department’s fiscal year 2019 budget request, 

3 submit a report presenting the specific amounts of staff 

4 years of technical effort to be allocated for each defense 

5 FFRDC during that fiscal year and the associated budget 

6 estimates. 

7 (f) Notwithstanding any other provision of this Act, 

8 the total amount appropriated in this Act for FFRDCs 

9 is hereby reduced by $131,000,000. 

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

11 available in this Act shall be used to procure carbon, alloy, 

12 or armor steel plate for use in any Government-owned fa13 cility or property under the control of the Department of 

14 Defense which were not melted and rolled in the United 

15 States or Canada: Provided, That these procurement re16 strictions shall apply to any and all Federal Supply Class 

17 9515, American Society of Testing and Materials (ASTM) 

18 or American Iron and Steel Institute (AISI) specifications 

19 of carbon, alloy or armor steel plate: Provided further, 

20 That the Secretary of the military department responsible 

21 for the procurement may waive this restriction on a case22 by-case basis by certifying in writing to the Committees 

23 on Appropriations of the House of Representatives and the 

24 Senate that adequate domestic supplies are not available 

25 to meet Department of Defense requirements on a timely 

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

2 to acquire capability for national security purposes: Pro3 vided further, That these restrictions shall not apply to 

4 contracts which are in being as of the date of the enact5 ment of this Act. 

6 SEC. 8026. For the purposes of this Act, the term 

7 ‘‘congressional defense committees’’ means the Armed 

8 Services Committee of the House of Representatives, the 

9 Armed Services Committee of the Senate, the Sub10 committee on Defense of the Committee on Appropriations 

11 of the Senate, and the Subcommittee on Defense of the 

12 Committee on Appropriations of the House of Representa13 tives. 

14 SEC. 8027. During the current fiscal year, the De15 partment of Defense may acquire the modification, depot 

16 maintenance and repair of aircraft, vehicles and vessels 

17 as well as the production of components and other De18 fense-related articles, through competition between De19 partment of Defense depot maintenance activities and pri20 vate firms: Provided, That the Senior Acquisition Execu21 tive of the military department or Defense Agency con22 cerned, with power of delegation, shall certify that success23 ful bids include comparable estimates of all direct and in24 direct costs for both public and private bids: Provided fur25 ther, That Office of Management and Budget Circular A– 

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1 76 shall not apply to competitions conducted under this 

2 section. 

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

4 consultation with the United States Trade Representative, 

5 determines that a foreign country which is party to an 

6 agreement described in paragraph (2) has violated the 

7 terms of the agreement by discriminating against certain 

8 types of products produced in the United States that are 

9 covered by the agreement, the Secretary of Defense shall 

10 rescind the Secretary’s blanket waiver of the Buy Amer11 ican Act with respect to such types of products produced 

12 in that foreign country. 

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

14 reciprocal defense procurement memorandum of under15 standing, between the United States and a foreign country 

16 pursuant to which the Secretary of Defense has prospec17 tively waived the Buy American Act for certain products 

18 in that country. 

19 (b) The Secretary of Defense shall submit to the Con20 gress a report on the amount of Department of Defense 

21 purchases from foreign entities in fiscal year 2018. Such 

22 report shall separately indicate the dollar value of items 

23 for which the Buy American Act was waived pursuant to 

24 any agreement described in subsection (a)(2), the Trade 

25 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

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1 international agreement to which the United States is a 

2 party. 

3 (c) For purposes of this section, the term ‘‘Buy 

4 American Act’’ means chapter 83 of title 41, United 

5 States Code. 

6 SEC. 8029. During the current fiscal year, amounts 

7 contained in the Department of Defense Overseas Military 

8 Facility Investment Recovery Account established by sec9 tion 2921(c)(1) of the National Defense Authorization Act 

10 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

11 be available until expended for the payments specified by 

12 section 2921(c)(2) of that Act. 

13 SEC. 8030. (a) Notwithstanding any other provision 

14 of law, the Secretary of the Air Force may convey at no 

15 cost to the Air Force, without consideration, to Indian 

16 tribes located in the States of Nevada, Idaho, North Da17 kota, South Dakota, Montana, Oregon, Minnesota, and 

18 Washington relocatable military housing units located at 

19 Grand Forks Air Force Base, Malmstrom Air Force Base, 

20 Mountain Home Air Force Base, Ellsworth Air Force 

21 Base, and Minot Air Force Base that are excess to the 

22 needs of the Air Force. 

23 (b) The Secretary of the Air Force shall convey, at 

24 no cost to the Air Force, military housing units under sub25 section (a) in accordance with the request for such units 

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1 that are submitted to the Secretary by the Operation 

2 Walking Shield Program on behalf of Indian tribes located 

3 in the States of Nevada, Idaho, North Dakota, South Da4 kota, Montana, Oregon, Minnesota, and Washington. Any 

5 such conveyance shall be subject to the condition that the 

6 housing units shall be removed within a reasonable period 

7 of time, as determined by the Secretary. 

8 (c) The Operation Walking Shield Program shall re9 solve any conflicts among requests of Indian tribes for 

10 housing units under subsection (a) before submitting re11 quests to the Secretary of the Air Force under subsection 

12 (b). 

13 (d) In this section, the term ‘‘Indian tribe’’ means 

14 any recognized Indian tribe included on the current list 

15 published by the Secretary of the Interior under section 

16 104 of the Federally Recognized Indian Tribe Act of 1994 

17 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 

18 SEC. 8031. During the current fiscal year, appropria19 tions which are available to the Department of Defense 

20 for operation and maintenance may be used to purchase 

21 items having an investment item unit cost of not more 

22 than $250,000. 

23 SEC. 8032. None of the funds made available by this 

24 Act may be used to— 

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1 (1) disestablish, or prepare to disestablish, a 

2 Senior Reserve Officers’ Training Corps program in 

3 accordance with Department of Defense Instruction 

4 Number 1215.08, dated June 26, 2006; or 

5 (2) close, downgrade from host to extension 

6 center, or place on probation a Senior Reserve Offi7 cers’ Training Corps program in accordance with the 

8 information paper of the Department of the Army 

9 titled ‘‘Army Senior Reserve Officer’s Training 

10 Corps (SROTC) Program Review and Criteria’’, 

11 dated January 27, 2014. 

12 SEC. 8033. The Secretary of Defense shall issue reg13 ulations to prohibit the sale of any tobacco or tobacco14 related products in military resale outlets in the United 

15 States, its territories and possessions at a price below the 

16 most competitive price in the local community: Provided, 

17 That such regulations shall direct that the prices of to18 bacco or tobacco-related products in overseas military re19 tail outlets shall be within the range of prices established 

20 for military retail system stores located in the United 

21 States. 

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

23 of the appropriations or funds available to the Department 

24 of Defense Working Capital Funds shall be used for the 

25 purchase of an investment item for the purpose of acquirMarch 21, 2018 (6:08 p.m.)
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1 ing a new inventory item for sale or anticipated sale dur2 ing the current fiscal year or a subsequent fiscal year to 

3 customers of the Department of Defense Working Capital 

4 Funds if such an item would not have been chargeable 

5 to the Department of Defense Business Operations Fund 

6 during fiscal year 1994 and if the purchase of such an 

7 investment item would be chargeable during the current 

8 fiscal year to appropriations made to the Department of 

9 Defense for procurement. 

10 (b) The fiscal year 2019 budget request for the De11 partment of Defense as well as all justification material 

12 and other documentation supporting the fiscal year 2019 

13 Department of Defense budget shall be prepared and sub14 mitted to the Congress on the basis that any equipment 

15 which was classified as an end item and funded in a pro16 curement appropriation contained in this Act shall be 

17 budgeted for in a proposed fiscal year 2019 procurement 

18 appropriation and not in the supply management business 

19 area or any other area or category of the Department of 

20 Defense Working Capital Funds. 

21 SEC. 8035. None of the funds appropriated by this 

22 Act for programs of the Central Intelligence Agency shall 

23 remain available for obligation beyond the current fiscal 

24 year, except for funds appropriated for the Reserve for 

25 Contingencies, which shall remain available until SepMarch 21, 2018 (6:08 p.m.)
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1 tember 30, 2019: Provided, That funds appropriated, 

2 transferred, or otherwise credited to the Central Intel3 ligence Agency Central Services Working Capital Fund 

4 during this or any prior or subsequent fiscal year shall 

5 remain available until expended: Provided further, That 

6 any funds appropriated or transferred to the Central Intel7 ligence Agency for advanced research and development ac8 quisition, for agent operations, and for covert action pro9 grams authorized by the President under section 503 of 

10 the National Security Act of 1947 (50 U.S.C. 3093) shall 

11 remain available until September 30, 2019. 

12 SEC. 8036. Up to $10,322,000 of the funds appro13 priated under the heading ‘‘Operation and Maintenance, 

14 Navy’’ may be made available for the Asia Pacific Re15 gional Initiative Program for the purpose of enabling the 

16 Pacific Command to execute Theater Security Cooperation 

17 activities such as humanitarian assistance, and payment 

18 of incremental and personnel costs of training and exer19 cising with foreign security forces: Provided, That funds 

20 made available for this purpose may be used, notwith21 standing any other funding authorities for humanitarian 

22 assistance, security assistance or combined exercise ex23 penses: Provided further, That funds may not be obligated 

24 to provide assistance to any foreign country that is otherMarch 21, 2018 (6:08 p.m.)
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1 wise prohibited from receiving such type of assistance 

2 under any other provision of law. 

3 SEC. 8037. Of the funds appropriated to the Depart4 ment of Defense under the heading ‘‘Operation and Main5 tenance, Defense-Wide’’, not less than $12,000,000 shall 

6 be made available only for the mitigation of environmental 

7 impacts, including training and technical assistance to 

8 tribes, related administrative support, the gathering of in9 formation, documenting of environmental damage, and de10 veloping a system for prioritization of mitigation and cost 

11 to complete estimates for mitigation, on Indian lands re12 sulting from Department of Defense activities. 

13 SEC. 8038. (a) None of the funds appropriated in this 

14 Act may be expended by an entity of the Department of 

15 Defense unless the entity, in expending the funds, com16 plies with the Buy American Act. For purposes of this 

17 subsection, the term ‘‘Buy American Act’’ means chapter 

18 83 of title 41, United States Code. 

19 (b) If the Secretary of Defense determines that a per20 son has been convicted of intentionally affixing a label 

21 bearing a ‘‘Made in America’’ inscription to any product 

22 sold in or shipped to the United States that is not made 

23 in America, the Secretary shall determine, in accordance 

24 with section 2410f of title 10, United States Code, whethMarch 21, 2018 (6:08 p.m.)
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1 er the person should be debarred from contracting with 

2 the Department of Defense. 

3 (c) In the case of any equipment or products pur4 chased with appropriations provided under this Act, it is 

5 the sense of the Congress that any entity of the Depart6 ment of Defense, in expending the appropriation, purchase 

7 only American-made equipment and products, provided 

8 that American-made equipment and products are cost9 competitive, quality competitive, and available in a timely 

10 fashion. 

11 SEC. 8039. (a) Except as provided in subsections (b) 

12 and (c), none of the funds made available by this Act may 

13 be used— 

14 (1) to establish a field operating agency; or 

15 (2) to pay the basic pay of a member of the 

16 Armed Forces or civilian employee of the depart17 ment who is transferred or reassigned from a head18 quarters activity if the member or employee’s place 

19 of duty remains at the location of that headquarters. 

20 (b) The Secretary of Defense or Secretary of a mili21 tary department may waive the limitations in subsection 

22 (a), on a case-by-case basis, if the Secretary determines, 

23 and certifies to the Committees on Appropriations of the 

24 House of Representatives and the Senate that the grantMarch 21, 2018 (6:08 p.m.)
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1 ing of the waiver will reduce the personnel requirements 

2 or the financial requirements of the department. 

3 (c) This section does not apply to— 

4 (1) field operating agencies funded within the 

5 National Intelligence Program; 

6 (2) an Army field operating agency established 

7 to eliminate, mitigate, or counter the effects of im8 provised explosive devices, and, as determined by the 

9 Secretary of the Army, other similar threats; 

10 (3) an Army field operating agency established 

11 to improve the effectiveness and efficiencies of bio12 metric activities and to integrate common biometric 

13 technologies throughout the Department of Defense; 

14 or 

15 (4) an Air Force field operating agency estab16 lished to administer the Air Force Mortuary Affairs 

17 Program and Mortuary Operations for the Depart18 ment of Defense and authorized Federal entities. 

19 SEC. 8040. (a) None of the funds appropriated by 

20 this Act shall be available to convert to contractor per21 formance an activity or function of the Department of De22 fense that, on or after the date of the enactment of this 

23 Act, is performed by Department of Defense civilian em24 ployees unless— 

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1 (1) the conversion is based on the result of a 

2 public-private competition that includes a most effi3 cient and cost effective organization plan developed 

4 by such activity or function; 

5 (2) the Competitive Sourcing Official deter6 mines that, over all performance periods stated in 

7 the solicitation of offers for performance of the ac8 tivity or function, the cost of performance of the ac9 tivity or function by a contractor would be less costly 

10 to the Department of Defense by an amount that 

11 equals or exceeds the lesser of— 

12 (A) 10 percent of the most efficient organi13 zation’s personnel-related costs for performance 

14 of that activity or function by Federal employ15 ees; or 

16 (B) $10,000,000; and 

17 (3) the contractor does not receive an advan18 tage for a proposal that would reduce costs for the 

19 Department of Defense by— 

20 (A) not making an employer-sponsored 

21 health insurance plan available to the workers 

22 who are to be employed in the performance of 

23 that activity or function under the contract; or 

24 (B) offering to such workers an employer25 sponsored health benefits plan that requires the 

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1 employer to contribute less towards the pre2 mium or subscription share than the amount 

3 that is paid by the Department of Defense for 

4 health benefits for civilian employees under 

5 chapter 89 of title 5, United States Code. 

6 (b)(1) The Department of Defense, without regard 

7 to subsection (a) of this section or subsection (a), (b), or 

8 (c) of section 2461 of title 10, United States Code, and 

9 notwithstanding any administrative regulation, require10 ment, or policy to the contrary shall have full authority 

11 to enter into a contract for the performance of any com12 mercial or industrial type function of the Department of 

13 Defense that— 

14 (A) is included on the procurement list estab15 lished pursuant to section 2 of the Javits-Wagner16 O’Day Act (section 8503 of title 41, United States 

17 Code); 

18 (B) is planned to be converted to performance 

19 by a qualified nonprofit agency for the blind or by 

20 a qualified nonprofit agency for other severely handi21 capped individuals in accordance with that Act; or 

22 (C) is planned to be converted to performance 

23 by a qualified firm under at least 51 percent owner24 ship by an Indian tribe, as defined in section 4(e) 

25 of the Indian Self-Determination and Education AsMarch 21, 2018 (6:08 p.m.)
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1 sistance Act (25 U.S.C. 450b(e)), or a Native Ha2 waiian Organization, as defined in section 8(a)(15) 

3 of the Small Business Act (15 U.S.C. 637(a)(15)). 

4 (2) This section shall not apply to depot contracts 

5 or contracts for depot maintenance as provided in sections 

6 2469 and 2474 of title 10, United States Code. 

7 (c) The conversion of any activity or function of the 

8 Department of Defense under the authority provided by 

9 this section shall be credited toward any competitive or 

10 outsourcing goal, target, or measurement that may be es11 tablished by statute, regulation, or policy and is deemed 

12 to be awarded under the authority of, and in compliance 

13 with, subsection (h) of section 2304 of title 10, United 

14 States Code, for the competition or outsourcing of com15 mercial activities. 

16 (RESCISSIONS)

17 SEC. 8041. Of the funds appropriated in Department 

18 of Defense Appropriations Acts, the following funds are 

19 hereby rescinded from the following accounts and pro20 grams in the specified amounts: Provided, That no 

21 amounts may be rescinded from amounts that were des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism or as an emergency re24 quirement pursuant to the Concurrent Resolution on the 

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1 Budget or the Balanced Budget and Emergency Deficit 

2 Control Act of 1985, as amended: 

3 ‘‘Other Procurement, Army’’, 2016/2018, 

4 $5,517,000; 

5 ‘‘Aircraft Procurement, Navy’’, 2016/2018, 

6 $172,000,000; 

7 ‘‘Aircraft Procurement, Air Force’’, 2016/2018, 

8 $56,900,000; 

9 ‘‘Procurement of Ammunition, Air Force’’, 

10 2016/2018, $5,000,000; 

11 ‘‘Procurement, Defense-wide’’, 2016/2018, 

12 $7,264,000; 

13 ‘‘Missile Procurement, Army’’, 2017/2019, 

14 $19,319,000; 

15 ‘‘Aircraft Procurement, Army’’, 2017/2019, 

16 $17,000,000; 

17 ‘‘Procurement of Weapons and Tracked Combat 

18 Vehicles, Army’’, 2017/2019, $7,064,000; 

19 ‘‘Procurement of Ammunition, Army’’, 2017/ 

20 2019, $15,507,000; 

21 ‘‘Other Procurement, Army’’, 2017/2019, 

22 $12,535,000; 

23 ‘‘Aircraft Procurement, Navy’’, 2017/2019, 

24 $45,900,000; 

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1 ‘‘Weapons Procurement, Navy’’, 2017/2019, 

2 $32,200,000; 

3 ‘‘Shipbuilding and Conversion, Navy: Carrier 

4 Replacement Program’’, 2017/2021, $14,000,000; 

5 ‘‘Aircraft Procurement, Air Force’’, 2017/2019, 

6 $78,347,000; 

7 ‘‘Missile Procurement, Air Force’’, 2017/2019, 

8 $31,639,000; 

9 ‘‘Space Procurement, Air Force’’, 2017/2019, 

10 $34,900,000; 

11 ‘‘Procurement of Ammunition, Air Force’’, 

12 2017/2019, $18,000,000; 

13 ‘‘Other Procurement, Air Force’’, 2017/2019, 

14 $136,691,000; 

15 ‘‘Research, Development, Test and Evaluation, 

16 Army’’, 2017/2018, $62,331,000; 

17 ‘‘Research, Development, Test and Evaluation, 

18 Navy’’, 2017/2018, $9,128,000; 

19 ‘‘Research, Development, Test and Evaluation, 

20 Air Force’’, 2017/2018, $131,000,000; and 

21 ‘‘Defense Health Program: Research, Develop22 ment, Test and Evaluation’’, 2017/2018, 

23 $30,000,000. 

24 SEC. 8042. None of the funds available in this Act 

25 may be used to reduce the authorized positions for miliMarch 21, 2018 (6:08 p.m.)
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1 tary technicians (dual status) of the Army National 

2 Guard, Air National Guard, Army Reserve and Air Force 

3 Reserve for the purpose of applying any administratively 

4 imposed civilian personnel ceiling, freeze, or reduction on 

5 military technicians (dual status), unless such reductions 

6 are a direct result of a reduction in military force struc7 ture. 

8 SEC. 8043. None of the funds appropriated or other9 wise made available in this Act may be obligated or ex10 pended for assistance to the Democratic People’s Republic 

11 of Korea unless specifically appropriated for that purpose. 

12 SEC. 8044. Funds appropriated in this Act for oper13 ation and maintenance of the Military Departments, Com14 batant Commands and Defense Agencies shall be available 

15 for reimbursement of pay, allowances and other expenses 

16 which would otherwise be incurred against appropriations 

17 for the National Guard and Reserve when members of the 

18 National Guard and Reserve provide intelligence or coun19 terintelligence support to Combatant Commands, Defense 

20 Agencies and Joint Intelligence Activities, including the 

21 activities and programs included within the National Intel22 ligence Program and the Military Intelligence Program: 

23 Provided, That nothing in this section authorizes deviation 

24 from established Reserve and National Guard personnel 

25 and training procedures. 

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

2 Department of Defense for any fiscal year for drug inter3 diction or counter-drug activities may be transferred to 

4 any other department or agency of the United States ex5 cept as specifically provided in an appropriations law. 

6 (b) None of the funds available to the Central Intel7 ligence Agency for any fiscal year for drug interdiction or 

8 counter-drug activities may be transferred to any other de9 partment or agency of the United States except as specifi10 cally provided in an appropriations law. 

11 SEC. 8046. None of the funds appropriated by this 

12 Act may be used for the procurement of ball and roller 

13 bearings other than those produced by a domestic source 

14 and of domestic origin: Provided, That the Secretary of 

15 the military department responsible for such procurement 

16 may waive this restriction on a case-by-case basis by certi17 fying in writing to the Committees on Appropriations of 

18 the House of Representatives and the Senate, that ade19 quate domestic supplies are not available to meet Depart20 ment of Defense requirements on a timely basis and that 

21 such an acquisition must be made in order to acquire ca22 pability for national security purposes: Provided further, 

23 That this restriction shall not apply to the purchase of 

24 ‘‘commercial items’’, as defined by section 103 of title 41, 

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1 United States Code, except that the restriction shall apply 

2 to ball or roller bearings purchased as end items. 

3 SEC. 8047. Of the amounts appropriated for ‘‘Work4 ing Capital Fund, Army’’, $99,000,000 shall be available 

5 to maintain competitive rates at the arsenals. 

6 SEC. 8048. None of the funds made available by this 

7 Act for Evolved Expendable Launch Vehicle service com8 petitive procurements may be used unless the competitive 

9 procurements are open for award to all certified providers 

10 of Evolved Expendable Launch Vehicle-class systems: Pro11 vided, That the award shall be made to the provider that 

12 offers the best value to the government. 

13 SEC. 8049. In addition to the amounts appropriated 

14 or otherwise made available elsewhere in this Act, 

15 $44,000,000 is hereby appropriated to the Department of 

16 Defense: Provided, That upon the determination of the 

17 Secretary of Defense that it shall serve the national inter18 est, the Secretary shall make grants in the amounts speci19 fied as follows: $20,000,000 to the United Service Organi20 zations and $24,000,000 to the Red Cross. 

21 SEC. 8050. None of the funds in this Act may be 

22 used to purchase any supercomputer which is not manu23 factured in the United States, unless the Secretary of De24 fense certifies to the congressional defense committees 

25 that such an acquisition must be made in order to acquire 

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1 capability for national security purposes that is not avail2 able from United States manufacturers. 

3 SEC. 8051. Notwithstanding any other provision in 

4 this Act, the Small Business Innovation Research program 

5 and the Small Business Technology Transfer program set6 asides shall be taken proportionally from all programs, 

7 projects, or activities to the extent they contribute to the 

8 extramural budget. 

9 SEC. 8052. None of the funds available to the De10 partment of Defense under this Act shall be obligated or 

11 expended to pay a contractor under a contract with the 

12 Department of Defense for costs of any amount paid by 

13 the contractor to an employee when— 

14 (1) such costs are for a bonus or otherwise in 

15 excess of the normal salary paid by the contractor 

16 to the employee; and 

17 (2) such bonus is part of restructuring costs as18 sociated with a business combination. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8053. During the current fiscal year, no more 

21 than $30,000,000 of appropriations made in this Act 

22 under the heading ‘‘Operation and Maintenance, Defense23 Wide’’ may be transferred to appropriations available for 

24 the pay of military personnel, to be merged with, and to 

25 be available for the same time period as the appropriations 

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1 to which transferred, to be used in support of such per2 sonnel in connection with support and services for eligible 

3 organizations and activities outside the Department of De4 fense pursuant to section 2012 of title 10, United States 

5 Code. 

6 SEC. 8054. During the current fiscal year, in the case 

7 of an appropriation account of the Department of Defense 

8 for which the period of availability for obligation has ex9 pired or which has closed under the provisions of section 

10 1552 of title 31, United States Code, and which has a 

11 negative unliquidated or unexpended balance, an obliga12 tion or an adjustment of an obligation may be charged 

13 to any current appropriation account for the same purpose 

14 as the expired or closed account if— 

15 (1) the obligation would have been properly 

16 chargeable (except as to amount) to the expired or 

17 closed account before the end of the period of avail18 ability or closing of that account; 

19 (2) the obligation is not otherwise properly 

20 chargeable to any current appropriation account of 

21 the Department of Defense; and 

22 (3) in the case of an expired account, the obli23 gation is not chargeable to a current appropriation 

24 of the Department of Defense under the provisions 

25 of section 1405(b)(8) of the National Defense AuMarch 21, 2018 (6:08 p.m.)
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1 thorization Act for Fiscal Year 1991, Public Law 

2 101–510, as amended (31 U.S.C. 1551 note): Pro3 vided, That in the case of an expired account, if sub4 sequent review or investigation discloses that there 

5 was not in fact a negative unliquidated or unex6 pended balance in the account, any charge to a cur7 rent account under the authority of this section shall 

8 be reversed and recorded against the expired ac9 count: Provided further, That the total amount 

10 charged to a current appropriation under this sec11 tion may not exceed an amount equal to 1 percent 

12 of the total appropriation for that account. 

13 SEC. 8055. (a) Notwithstanding any other provision 

14 of law, the Chief of the National Guard Bureau may per15 mit the use of equipment of the National Guard Distance 

16 Learning Project by any person or entity on a space-avail17 able, reimbursable basis. The Chief of the National Guard 

18 Bureau shall establish the amount of reimbursement for 

19 such use on a case-by-case basis. 

20 (b) Amounts collected under subsection (a) shall be 

21 credited to funds available for the National Guard Dis22 tance Learning Project and be available to defray the costs 

23 associated with the use of equipment of the project under 

24 that subsection. Such funds shall be available for such 

25 purposes without fiscal year limitation. 

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1 SEC. 8056. None of the funds available to the De2 partment of Defense may be obligated to modify command 

3 and control relationships to give Fleet Forces Command 

4 operational and administrative control of United States 

5 Navy forces assigned to the Pacific fleet: Provided, That 

6 the command and control relationships which existed on 

7 October 1, 2004, shall remain in force until a written 

8 modification has been proposed to the House and Senate 

9 Appropriations Committees: Provided further, That the 

10 proposed modification may be implemented 30 days after 

11 the notification unless an objection is received from either 

12 the House or Senate Appropriations Committees: Provided 

13 further, That any proposed modification shall not preclude 

14 the ability of the commander of United States Pacific 

15 Command to meet operational requirements. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8057. Of the funds appropriated in this Act 

18 under the heading ‘‘Operation and Maintenance, Defense19 wide’’, $35,000,000 shall be for continued implementation 

20 and expansion of the Sexual Assault Special Victims’ 

21 Counsel Program: Provided, That the funds are made 

22 available for transfer to the Department of the Army, the 

23 Department of the Navy, and the Department of the Air 

24 Force: Provided further, That funds transferred shall be 

25 merged with and available for the same purposes and for 

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1 the same time period as the appropriations to which the 

2 funds are transferred: Provided further, That this transfer 

3 authority is in addition to any other transfer authority 

4 provided in this Act. 

5 SEC. 8058. None of the funds appropriated in title 

6 IV of this Act may be used to procure end-items for deliv7 ery to military forces for operational training, operational 

8 use or inventory requirements: Provided, That this restric9 tion does not apply to end-items used in development, 

10 prototyping, and test activities preceding and leading to 

11 acceptance for operational use: Provided further, That the 

12 Secretary of Defense shall, not later than 60 days after 

13 enactment of this Act, submit a report detailing the use 

14 of funds requested in research, development, test and eval15 uation accounts for end-items used in development, proto16 typing and test activities preceding and leading to accept17 ance for operational use: Provided further, That this re18 striction does not apply to programs funded within the 

19 National Intelligence Program: Provided further, That the 

20 Secretary of Defense may waive this restriction on a case21 by-case basis by certifying in writing to the Committees 

22 on Appropriations of the House of Representatives and the 

23 Senate that it is in the national security interest to do 

24 so. 

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1 SEC. 8059. (a) The Secretary of Defense may, on a 

2 case-by-case basis, waive with respect to a foreign country 

3 each limitation on the procurement of defense items from 

4 foreign sources provided in law if the Secretary determines 

5 that the application of the limitation with respect to that 

6 country would invalidate cooperative programs entered 

7 into between the Department of Defense and the foreign 

8 country, or would invalidate reciprocal trade agreements 

9 for the procurement of defense items entered into under 

10 section 2531 of title 10, United States Code, and the 

11 country does not discriminate against the same or similar 

12 defense items produced in the United States for that coun13 try. 

14 (b) Subsection (a) applies with respect to— 

15 (1) contracts and subcontracts entered into on 

16 or after the date of the enactment of this Act; and 

17 (2) options for the procurement of items that 

18 are exercised after such date under contracts that 

19 are entered into before such date if the option prices 

20 are adjusted for any reason other than the applica21 tion of a waiver granted under subsection (a). 

22 (c) Subsection (a) does not apply to a limitation re23 garding construction of public vessels, ball and roller bear24 ings, food, and clothing or textile materials as defined by 

25 section XI (chapters 50–65) of the Harmonized Tariff 

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1 Schedule of the United States and products classified 

2 under headings 4010, 4202, 4203, 6401 through 6406, 

3 6505, 7019, 7218 through 7229, 7304.41 through 

4 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

5 8211, 8215, and 9404. 

6 SEC. 8060. None of the funds appropriated or other7 wise made available by this or other Department of De8 fense Appropriations Acts may be obligated or expended 

9 for the purpose of performing repairs or maintenance to 

10 military family housing units of the Department of De11 fense, including areas in such military family housing 

12 units that may be used for the purpose of conducting offi13 cial Department of Defense business. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8061. Of the amounts appropriated for ‘‘Oper16 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

17 available for transfer to the John C. Stennis Center for 

18 Public Service Development Trust Fund established under 

19 section 116 of the John C. Stennis Center for Public Serv20 ice Training and Development Act (2 U.S.C. 1105). 

21 SEC. 8062. Notwithstanding any other provision of 

22 law, funds appropriated in this Act under the heading 

23 ‘‘Research, Development, Test and Evaluation, Defense24 Wide’’ for any new start advanced concept technology 

25 demonstration project or joint capability demonstration 

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1 project may only be obligated 45 days after a report, in2 cluding a description of the project, the planned acquisi3 tion and transition strategy and its estimated annual and 

4 total cost, has been provided in writing to the congres5 sional defense committees: Provided, That the Secretary 

6 of Defense may waive this restriction on a case-by-case 

7 basis by certifying to the congressional defense committees 

8 that it is in the national interest to do so. 

9 SEC. 8063. The Secretary of Defense shall continue 

10 to provide a classified quarterly report to the House and 

11 Senate Appropriations Committees, Subcommittees on 

12 Defense on certain matters as directed in the classified 

13 annex accompanying this Act. 

14 SEC. 8064. Notwithstanding section 12310(b) of title 

15 10, United States Code, a Reserve who is a member of 

16 the National Guard serving on full-time National Guard 

17 duty under section 502(f) of title 32, United States Code, 

18 may perform duties in support of the ground-based ele19 ments of the National Ballistic Missile Defense System. 

20 SEC. 8065. None of the funds provided in this Act 

21 may be used to transfer to any nongovernmental entity 

22 ammunition held by the Department of Defense that has 

23 a center-fire cartridge and a United States military no24 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

25 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

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1 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 

2 entity performing demilitarization services for the Depart3 ment of Defense under a contract that requires the entity 

4 to demonstrate to the satisfaction of the Department of 

5 Defense that armor piercing projectiles are either: (1) ren6 dered incapable of reuse by the demilitarization process; 

7 or (2) used to manufacture ammunition pursuant to a con8 tract with the Department of Defense or the manufacture 

9 of ammunition for export pursuant to a License for Per10 manent Export of Unclassified Military Articles issued by 

11 the Department of State. 

12 SEC. 8066. Notwithstanding any other provision of 

13 law, the Chief of the National Guard Bureau, or his des14 ignee, may waive payment of all or part of the consider15 ation that otherwise would be required under section 2667 

16 of title 10, United States Code, in the case of a lease of 

17 personal property for a period not in excess of 1 year to 

18 any organization specified in section 508(d) of title 32, 

19 United States Code, or any other youth, social, or fra20 ternal nonprofit organization as may be approved by the 

21 Chief of the National Guard Bureau, or his designee, on 

22 a case-by-case basis. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8067. Of the amounts appropriated in this Act 

25 under the heading ‘‘Operation and Maintenance, Army’’, 

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1 $66,881,780 shall remain available until expended: Pro2 vided, That, notwithstanding any other provision of law, 

3 the Secretary of Defense is authorized to transfer such 

4 funds to other activities of the Federal Government: Pro5 vided further, That the Secretary of Defense is authorized 

6 to enter into and carry out contracts for the acquisition 

7 of real property, construction, personal services, and oper8 ations related to projects carrying out the purposes of this 

9 section: Provided further, That contracts entered into 

10 under the authority of this section may provide for such 

11 indemnification as the Secretary determines to be nec12 essary: Provided further, That projects authorized by this 

13 section shall comply with applicable Federal, State, and 

14 local law to the maximum extent consistent with the na15 tional security, as determined by the Secretary of Defense. 

16 SEC. 8068. (a) None of the funds appropriated in this 

17 or any other Act may be used to take any action to mod18 ify— 

19 (1) the appropriations account structure for the 

20 National Intelligence Program budget, including 

21 through the creation of a new appropriation or new 

22 appropriation account; 

23 (2) how the National Intelligence Program 

24 budget request is presented in the unclassified P–1, 

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1 R–1, and O–1 documents supporting the Depart2 ment of Defense budget request; 

3 (3) the process by which the National Intel4 ligence Program appropriations are apportioned to 

5 the executing agencies; or 

6 (4) the process by which the National Intel7 ligence Program appropriations are allotted, obli8 gated and disbursed. 

9 (b) Nothing in section (a) shall be construed to pro10 hibit the merger of programs or changes to the National 

11 Intelligence Program budget at or below the Expenditure 

12 Center level, provided such change is otherwise in accord13 ance with paragraphs (a)(1)–(3). 

14 (c) The Director of National Intelligence and the Sec15 retary of Defense may jointly, only for the purposes of 

16 achieving auditable financial statements and improving 

17 fiscal reporting, study and develop detailed proposals for 

18 alternative financial management processes. Such study 

19 shall include a comprehensive counterintelligence risk as20 sessment to ensure that none of the alternative processes 

21 will adversely affect counterintelligence. 

22 (d) Upon development of the detailed proposals de23 fined under subsection (c), the Director of National Intel24 ligence and the Secretary of Defense shall— 

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1 (1) provide the proposed alternatives to all af2 fected agencies; 

3 (2) receive certification from all affected agen4 cies attesting that the proposed alternatives will help 

5 achieve auditability, improve fiscal reporting, and 

6 will not adversely affect counterintelligence; and 

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

8 necessary certifications under paragraph (2), present 

9 the proposed alternatives and certifications to the 

10 congressional defense and intelligence committees. 

11 SEC. 8069. In addition to amounts provided else12 where in this Act, $10,000,000 is hereby appropriated to 

13 the Department of Defense, to remain available for obliga14 tion until expended: Provided, That notwithstanding any 

15 other provision of law, that upon the determination of the 

16 Secretary of Defense that it shall serve the national inter17 est, these funds shall be available only for a grant to the 

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

19 and furnishing of additional Fisher Houses to meet the 

20 needs of military family members when confronted with 

21 the illness or hospitalization of an eligible military bene22 ficiary. 

23 SEC. 8070. Any notice that is required to be sub24 mitted to the Committees on Appropriations of the Senate 

25 and the House of Representatives under section 806(c)(4) 

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1 of the Bob Stump National Defense Authorization Act for 

2 Fiscal Year 2003 (10 U.S.C. 2302 note) after the date 

3 of the enactment of this Act shall be submitted pursuant 

4 to that requirement concurrently to the Subcommittees on 

5 Defense of the Committees on Appropriations of the Sen6 ate and the House of Representatives. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8071. Of the amounts appropriated in this Act 

9 under the headings ‘‘Procurement, Defense-Wide’’ and 

10 ‘‘Research, Development, Test and Evaluation, Defense11 Wide’’, $705,800,000 shall be for the Israeli Cooperative 

12 Programs: Provided, That of this amount, $92,000,000 

13 shall be for the Secretary of Defense to provide to the Gov14 ernment of Israel for the procurement of the Iron Dome 

15 defense system to counter short-range rocket threats, sub16 ject to the U.S.-Israel Iron Dome Procurement Agree17 ment, as amended; $221,500,000 shall be for the Short 

18 Range Ballistic Missile Defense (SRBMD) program, in19 cluding cruise missile defense research and development 

20 under the SRBMD program, of which $120,000,000 shall 

21 be for co-production activities of SRBMD systems in the 

22 United States and in Israel to meet Israel’s defense re23 quirements consistent with each nation’s laws, regulations, 

24 and procedures, subject to the U.S.-Israeli co-production 

25 agreement for SRBMD, as amended; $310,000,000 shall 

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1 be for an upper-tier component to the Israeli Missile De2 fense Architecture, of which $120,000,000 shall be for co3 production activities of Arrow 3 Upper Tier systems in 

4 the United States and in Israel to meet Israel’s defense 

5 requirements consistent with each nation’s laws, regula6 tions, and procedures, subject to the U.S.-Israeli co-pro7 duction agreement for Arrow 3 Upper Tier, as amended, 

8 of which $105,000,000 shall be for testing of the upper9 tier component to the Israeli Missile Defense Architecture 

10 in the United States; and $82,300,000 shall be for the 

11 Arrow System Improvement Program including develop12 ment of a long range, ground and airborne, detection 

13 suite: Provided further, That the transfer authority pro14 vided under this provision is in addition to any other 

15 transfer authority contained in this Act. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8072. Of the amounts appropriated in this Act 

18 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

19 $117,542,000 shall be available until September 30, 2018, 

20 to fund prior year shipbuilding cost increases: Provided, 

21 That upon enactment of this Act, the Secretary of the 

22 Navy shall transfer funds to the following appropriations 

23 in the amounts specified: Provided further, That the 

24 amounts transferred shall be merged with and be available 

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1 for the same purposes as the appropriations to which 

2 transferred to: 

3 (1) Under the heading ‘‘Shipbuilding and Con4 version, Navy’’, 2008/2018: Carrier Replacement 

5 Program $20,000,000; 

6 (2) Under the heading ‘‘Shipbuilding and Con7 version, Navy’’, 2012/2018: DDG–51 Destroyer 

8 $19,436,000; 

9 (3) Under the heading ‘‘Shipbuilding and Con10 version, Navy’’, 2012/2018: Littoral Combat Ship 

11 $6,394,000; 

12 (4) Under the heading ‘‘Shipbuilding and Con13 version, Navy’’, 2012/2018: LHA Replacement 

14 $14,200,000; 

15 (5) Under the heading ‘‘Shipbuilding and Con16 version, Navy’’, 2013/2018: DDG–51 Destroyer 

17 $31,941,000; 

18 (6) Under the heading ‘‘Shipbuilding and Con19 version, Navy’’, 2014/2018: Litoral Combat Ship 

20 $20,471,000; and 

21 (7) Under the heading ‘‘Shipbuilding and Con22 version, Navy’’, 2015/2018: LCAC $5,100,000. 

23 SEC. 8073. Funds appropriated by this Act, or made 

24 available by the transfer of funds in this Act, for intel25 ligence activities are deemed to be specifically authorized 

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1 by the Congress for purposes of section 504 of the Na2 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

3 year 2018 until the enactment of the Intelligence Author4 ization Act for Fiscal Year 2018. 

5 SEC. 8074. None of the funds provided in this Act 

6 shall be available for obligation or expenditure through a 

7 reprogramming of funds that creates or initiates a new 

8 program, project, or activity unless such program, project, 

9 or activity must be undertaken immediately in the interest 

10 of national security and only after written prior notifica11 tion to the congressional defense committees. 

12 SEC. 8075. The budget of the President for fiscal 

13 year 2019 submitted to the Congress pursuant to section 

14 1105 of title 31, United States Code, shall include sepa15 rate budget justification documents for costs of United 

16 States Armed Forces’ participation in contingency oper17 ations for the Military Personnel accounts, the Operation 

18 and Maintenance accounts, the Procurement accounts, 

19 and the Research, Development, Test and Evaluation ac20 counts: Provided, That these documents shall include a de21 scription of the funding requested for each contingency op22 eration, for each military service, to include all Active and 

23 Reserve components, and for each appropriations account: 

24 Provided further, That these documents shall include esti25 mated costs for each element of expense or object class, 

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1 a reconciliation of increases and decreases for each contin2 gency operation, and programmatic data including, but 

3 not limited to, troop strength for each Active and Reserve 

4 component, and estimates of the major weapons systems 

5 deployed in support of each contingency: Provided further, 

6 That these documents shall include budget exhibits OP– 

7 5 and OP–32 (as defined in the Department of Defense 

8 Financial Management Regulation) for all contingency op9 erations for the budget year and the two preceding fiscal 

10 years. 

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

12 used for research, development, test, evaluation, procure13 ment or deployment of nuclear armed interceptors of a 

14 missile defense system. 

15 SEC. 8077. Notwithstanding any other provision of 

16 this Act, to reflect savings due to favorable foreign ex17 change rates, the total amount appropriated in this Act 

18 is hereby reduced by $4,000,000. 

19 SEC. 8078. The Secretary of Defense may use up to 

20 $800,000,000 of the amounts appropriated or otherwise 

21 made available in this Act to the Department of Defense 

22 for the rapid acquisition and deployment of supplies and 

23 associated support services pursuant to section 806 of the 

24 Bob Stump National Defense Authorization Act for Fiscal 

25 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note): 

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1 Provided, That the Secretary of Defense shall notify the 

2 congressional defense committees promptly of all uses of 

3 this authority. 

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

5 available in this Act shall be used to reduce or disestablish 

6 the operation of the 53rd Weather Reconnaissance Squad7 ron of the Air Force Reserve, if such action would reduce 

8 the WC–130 Weather Reconnaissance mission below the 

9 levels funded in this Act: Provided, That the Air Force 

10 shall allow the 53rd Weather Reconnaissance Squadron to 

11 perform other missions in support of national defense re12 quirements during the non-hurricane season. 

13 SEC. 8080. None of the funds provided in this Act 

14 shall be available for integration of foreign intelligence in15 formation unless the information has been lawfully col16 lected and processed during the conduct of authorized for17 eign intelligence activities: Provided, That information 

18 pertaining to United States persons shall only be handled 

19 in accordance with protections provided in the Fourth 

20 Amendment of the United States Constitution as imple21 mented through Executive Order No. 12333. 

22 SEC. 8081. (a) None of the funds appropriated by 

23 this Act may be used to transfer research and develop24 ment, acquisition, or other program authority relating to 

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1 current tactical unmanned aerial vehicles (TUAVs) from 

2 the Army. 

3 (b) The Army shall retain responsibility for and oper4 ational control of the MQ–1C Gray Eagle Unmanned Aer5 ial Vehicle (UAV) in order to support the Secretary of De6 fense in matters relating to the employment of unmanned 

7 aerial vehicles. 

8 SEC. 8082. None of the funds appropriated by this 

9 Act for programs of the Office of the Director of National 

10 Intelligence shall remain available for obligation beyond 

11 the current fiscal year, except for funds appropriated for 

12 research and technology, which shall remain available until 

13 September 30, 2019. 

14 SEC. 8083. For purposes of section 1553(b) of title 

15 31, United States Code, any subdivision of appropriations 

16 made in this Act under the heading ‘‘Shipbuilding and 

17 Conversion, Navy’’ shall be considered to be for the same 

18 purpose as any subdivision under the heading ‘‘Ship19 building and Conversion, Navy’’ appropriations in any 

20 prior fiscal year, and the 1 percent limitation shall apply 

21 to the total amount of the appropriation. 

22 SEC. 8084. (a) Not later than 60 days after the date 

23 of enactment of this Act, the Director of National Intel24 ligence shall submit a report to the congressional intel25 ligence committees to establish the baseline for application 

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1 of reprogramming and transfer authorities for fiscal year 

2 2018: Provided, That the report shall include— 

3 (1) a table for each appropriation with a sepa4 rate column to display the President’s budget re5 quest, adjustments made by Congress, adjustments 

6 due to enacted rescissions, if appropriate, and the 

7 fiscal year enacted level; 

8 (2) a delineation in the table for each appro9 priation by Expenditure Center and project; and 

10 (3) an identification of items of special congres11 sional interest. 

12 (b) None of the funds provided for the National Intel13 ligence Program in this Act shall be available for re14 programming or transfer until the report identified in sub15 section (a) is submitted to the congressional intelligence 

16 committees, unless the Director of National Intelligence 

17 certifies in writing to the congressional intelligence com18 mittees that such reprogramming or transfer is necessary 

19 as an emergency requirement. 

20 SEC. 8085. None of the funds made available by this 

21 Act may be used to eliminate, restructure, or realign Army 

22 Contracting Command—New Jersey or make dispropor23 tionate personnel reductions at any Army Contracting 

24 Command—New Jersey sites without 30-day prior notifi25 cation to the congressional defense committees. 

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1 SEC. 8086. Notwithstanding any other provision of 

2 law, any transfer of funds, appropriated or otherwise made 

3 available by this Act, for support to friendly foreign coun4 tries in connection with the conduct of operations in which 

5 the United States is not participating, pursuant to section 

6 331(d) Title 10 U.S.C. shall be made in accordance with 

7 sections 8005 or 9002 of this Act, as applicable. 

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

9 credited to, or deposited in the Department of Defense Ac10 quisition Workforce Development Fund in or for fiscal 

11 year 2018 to a military department or Defense Agency 

12 pursuant to section 1705(e)(1) of title 10, United States 

13 Code, shall be covered by and subject to sections 8005 or 

14 9002 of this Act, as applicable. 

15 SEC. 8088. None of the funds made available by this 

16 Act for excess defense articles, assistance under section 

17 333 of title 10, United States Code, or peacekeeping oper18 ations for the countries designated annually to be in viola19 tion of the standards of the Child Soldiers Prevention Act 

20 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 

21 be used to support any military training or operation that 

22 includes child soldiers, as defined by the Child Soldiers 

23 Prevention Act of 2008, unless such assistance is other24 wise permitted under section 404 of the Child Soldiers 

25 Prevention Act of 2008. 

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

2 National Intelligence Program in this or any prior appro3 priations Act shall be available for obligation or expendi4 ture through a reprogramming or transfer of funds in ac5 cordance with section 102A(d) of the National Security 

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

7 (1) creates a new start effort; 

8 (2) terminates a program with appropriated 

9 funding of $10,000,000 or more; 

10 (3) transfers funding into or out of the Na11 tional Intelligence Program; or 

12 (4) transfers funding between appropriations, 

13 unless the congressional intelligence committees are noti14 fied 30 days in advance of such reprogramming of funds; 

15 this notification period may be reduced for urgent national 

16 security requirements. 

17 (b) None of the funds provided for the National Intel18 ligence Program in this or any prior appropriations Act 

19 shall be available for obligation or expenditure through a 

20 reprogramming or transfer of funds in accordance with 

21 section 102A(d) of the National Security Act of 1947 (50 

22 U.S.C. 3024(d)) that results in a cumulative increase or 

23 decrease of the levels specified in the classified annex ac24 companying the Act unless the congressional intelligence 

25 committees are notified 30 days in advance of such reMarch 21, 2018 (6:08 p.m.)
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1 programming of funds; this notification period may be re2 duced for urgent national security requirements. 

3 SEC. 8090. The Director of National Intelligence 

4 shall submit to Congress each year, at or about the time 

5 that the President’s budget is submitted to Congress that 

6 year under section 1105(a) of title 31, United States 

7 Code, a future-years intelligence program (including asso8 ciated annexes) reflecting the estimated expenditures and 

9 proposed appropriations included in that budget. Any such 

10 future-years intelligence program shall cover the fiscal 

11 year with respect to which the budget is submitted and 

12 at least the four succeeding fiscal years. 

13 SEC. 8091. For the purposes of this Act, the term 

14 ‘‘congressional intelligence committees’’ means the Perma15 nent Select Committee on Intelligence of the House of 

16 Representatives, the Select Committee on Intelligence of 

17 the Senate, the Subcommittee on Defense of the Com18 mittee on Appropriations of the House of Representatives, 

19 and the Subcommittee on Defense of the Committee on 

20 Appropriations of the Senate. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8092. During the current fiscal year, not to ex23 ceed $11,000,000 from each of the appropriations made 

24 in title II of this Act for ‘‘Operation and Maintenance, 

25 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘OperMarch 21, 2018 (6:08 p.m.)
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1 ation and Maintenance, Air Force’’ may be transferred by 

2 the military department concerned to its central fund es3 tablished for Fisher Houses and Suites pursuant to sec4 tion 2493(d) of title 10, United States Code. 

5 SEC. 8093. None of the funds appropriated by this 

6 Act may be available for the purpose of making remit7 tances to the Department of Defense Acquisition Work8 force Development Fund in accordance with section 1705 

9 of title 10, United States Code. 

10 SEC. 8094. (a) Any agency receiving funds made 

11 available in this Act, shall, subject to subsections (b) and 

12 (c), post on the public Web site of that agency any report 

13 required to be submitted by the Congress in this or any 

14 other Act, upon the determination by the head of the agen15 cy that it shall serve the national interest. 

16 (b) Subsection (a) shall not apply to a report if— 

17 (1) the public posting of the report com18 promises national security; or 

19 (2) the report contains proprietary information. 

20 (c) The head of the agency posting such report shall 

21 do so only after such report has been made available to 

22 the requesting Committee or Committees of Congress for 

23 no less than 45 days. 

24 SEC. 8095. (a) None of the funds appropriated or 

25 otherwise made available by this Act may be expended for 

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1 any Federal contract for an amount in excess of 

2 $1,000,000, unless the contractor agrees not to— 

3 (1) enter into any agreement with any of its 

4 employees or independent contractors that requires, 

5 as a condition of employment, that the employee or 

6 independent contractor agree to resolve through ar7 bitration any claim under title VII of the Civil 

8 Rights Act of 1964 or any tort related to or arising 

9 out of sexual assault or harassment, including as10 sault and battery, intentional infliction of emotional 

11 distress, false imprisonment, or negligent hiring, su12 pervision, or retention; or 

13 (2) take any action to enforce any provision of 

14 an existing agreement with an employee or inde15 pendent contractor that mandates that the employee 

16 or independent contractor resolve through arbitra17 tion any claim under title VII of the Civil Rights Act 

18 of 1964 or any tort related to or arising out of sex19 ual assault or harassment, including assault and 

20 battery, intentional infliction of emotional distress, 

21 false imprisonment, or negligent hiring, supervision, 

22 or retention. 

23 (b) None of the funds appropriated or otherwise 

24 made available by this Act may be expended for any Fed25 eral contract unless the contractor certifies that it requires 

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1 each covered subcontractor to agree not to enter into, and 

2 not to take any action to enforce any provision of, any 

3 agreement as described in paragraphs (1) and (2) of sub4 section (a), with respect to any employee or independent 

5 contractor performing work related to such subcontract. 

6 For purposes of this subsection, a ‘‘covered subcon7 tractor’’ is an entity that has a subcontract in excess of 

8 $1,000,000 on a contract subject to subsection (a). 

9 (c) The prohibitions in this section do not apply with 

10 respect to a contractor’s or subcontractor’s agreements 

11 with employees or independent contractors that may not 

12 be enforced in a court of the United States. 

13 (d) The Secretary of Defense may waive the applica14 tion of subsection (a) or (b) to a particular contractor or 

15 subcontractor for the purposes of a particular contract or 

16 subcontract if the Secretary or the Deputy Secretary per17 sonally determines that the waiver is necessary to avoid 

18 harm to national security interests of the United States, 

19 and that the term of the contract or subcontract is not 

20 longer than necessary to avoid such harm. The determina21 tion shall set forth with specificity the grounds for the 

22 waiver and for the contract or subcontract term selected, 

23 and shall state any alternatives considered in lieu of a 

24 waiver and the reasons each such alternative would not 

25 avoid harm to national security interests of the United 

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1 States. The Secretary of Defense shall transmit to Con2 gress, and simultaneously make public, any determination 

3 under this subsection not less than 15 business days be4 fore the contract or subcontract addressed in the deter5 mination may be awarded. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8096. From within the funds appropriated for 

8 operation and maintenance for the Defense Health Pro9 gram in this Act, up to $115,519,000, shall be available 

10 for transfer to the Joint Department of Defense-Depart11 ment of Veterans Affairs Medical Facility Demonstration 

12 Fund in accordance with the provisions of section 1704 

13 of the National Defense Authorization Act for Fiscal Year 

14 2010, Public Law 111–84: Provided, That for purposes 

15 of section 1704(b), the facility operations funded are oper16 ations of the integrated Captain James A. Lovell Federal 

17 Health Care Center, consisting of the North Chicago Vet18 erans Affairs Medical Center, the Navy Ambulatory Care 

19 Center, and supporting facilities designated as a combined 

20 Federal medical facility as described by section 706 of 

21 Public Law 110–417: Provided further, That additional 

22 funds may be transferred from funds appropriated for op23 eration and maintenance for the Defense Health Program 

24 to the Joint Department of Defense-Department of Vet25 erans Affairs Medical Facility Demonstration Fund upon 

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1 written notification by the Secretary of Defense to the 

2 Committees on Appropriations of the House of Represent3 atives and the Senate. 

4 SEC. 8097. None of the funds appropriated or other5 wise made available by this Act may be used by the De6 partment of Defense or a component thereof in contraven7 tion of the provisions of section 130h of title 10, United 

8 States Code. 

9 SEC. 8098. Appropriations available to the Depart10 ment of Defense may be used for the purchase of heavy 

11 and light armored vehicles for the physical security of per12 sonnel or for force protection purposes up to a limit of 

13 $450,000 per vehicle, notwithstanding price or other limi14 tations applicable to the purchase of passenger carrying 

15 vehicles. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8099. Upon a determination by the Director of 

18 National Intelligence that such action is necessary and in 

19 the national interest, the Director may, with the approval 

20 of the Office of Management and Budget, transfer not to 

21 exceed $1,500,000,000 of the funds made available in this 

22 Act for the National Intelligence Program: Provided, That 

23 such authority to transfer may not be used unless for 

24 higher priority items, based on unforeseen intelligence re25 quirements, than those for which originally appropriated 

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1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 

3 That a request for multiple reprogrammings of funds 

4 using authority provided in this section shall be made 

5 prior to June 30, 2018. 

6 SEC. 8100. None of the funds appropriated or other7 wise made available in this or any other Act may be used 

8 to transfer, release, or assist in the transfer or release to 

9 or within the United States, its territories, or possessions 

10 Khalid Sheikh Mohammed or any other detainee who— 

11 (1) is not a United States citizen or a member 

12 of the Armed Forces of the United States; and 

13 (2) is or was held on or after June 24, 2009, 

14 at United States Naval Station, Guanta ́namo Bay, 

15 Cuba, by the Department of Defense. 

16 SEC. 8101. (a) None of the funds appropriated or 

17 otherwise made available in this or any other Act may be 

18 used to construct, acquire, or modify any facility in the 

19 United States, its territories, or possessions to house any 

20 individual described in subsection (c) for the purposes of 

21 detention or imprisonment in the custody or under the ef22 fective control of the Department of Defense. 

23 (b) The prohibition in subsection (a) shall not apply 

24 to any modification of facilities at United States Naval 

25 Station, Guanta ́namo Bay, Cuba. 

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1 (c) An individual described in this subsection is any 

2 individual who, as of June 24, 2009, is located at United 

3 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

4 (1) is not a citizen of the United States or a 

5 member of the Armed Forces of the United States; 

6 and 

7 (2) is— 

8 (A) in the custody or under the effective 

9 control of the Department of Defense; or 

10 (B) otherwise under detention at United 

11 States Naval Station, Guanta ́namo Bay, Cuba. 

12 SEC. 8102. None of the funds appropriated or other13 wise made available in this Act may be used to transfer 

14 any individual detained at United States Naval Station 

15 Guanta ́namo Bay, Cuba, to the custody or control of the 

16 individual’s country of origin, any other foreign country, 

17 or any other foreign entity except in accordance with sec18 tion 1034 of the National Defense Authorization Act for 

19 Fiscal Year 2016 (Public Law 114–92) and section 1034 

20 of the National Defense Authorization Act for Fiscal Year 

21 2017 (Public Law 114–328). 

22 SEC. 8103. None of the funds made available by this 

23 Act may be used in contravention of the War Powers Res24 olution (50 U.S.C. 1541 et seq.). 

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1 SEC. 8104. (a) None of the funds appropriated or 

2 otherwise made available by this or any other Act may 

3 be used by the Secretary of Defense, or any other official 

4 or officer of the Department of Defense, to enter into a 

5 contract, memorandum of understanding, or cooperative 

6 agreement with, or make a grant to, or provide a loan 

7 or loan guarantee to Rosoboronexport or any subsidiary 

8 of Rosoboronexport. 

9 (b) The Secretary of Defense may waive the limita10 tion in subsection (a) if the Secretary, in consultation with 

11 the Secretary of State and the Director of National Intel12 ligence, determines that it is in the vital national security 

13 interest of the United States to do so, and certifies in writ14 ing to the congressional defense committees that, to the 

15 best of the Secretary’s knowledge: 

16 (1) Rosoboronexport has ceased the transfer of 

17 lethal military equipment to, and the maintenance of 

18 existing lethal military equipment for, the Govern19 ment of the Syrian Arab Republic; 

20 (2) The armed forces of the Russian Federation 

21 have withdrawn from Crimea, other than armed 

22 forces present on military bases subject to agree23 ments in force between the Government of the Rus24 sian Federation and the Government of Ukraine; 

25 and 

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1 (3) Agents of the Russian Federation have 

2 ceased taking active measures to destabilize the con3 trol of the Government of Ukraine over eastern 

4 Ukraine. 

5 (c) The Inspector General of the Department of De6 fense shall conduct a review of any action involving 

7 Rosoboronexport with respect to a waiver issued by the 

8 Secretary of Defense pursuant to subsection (b), and not 

9 later than 90 days after the date on which such a waiver 

10 is issued by the Secretary of Defense, the Inspector Gen11 eral shall submit to the congressional defense committees 

12 a report containing the results of the review conducted 

13 with respect to such waiver. 

14 SEC. 8105. None of the funds made available in this 

15 Act may be used for the purchase or manufacture of a 

16 flag of the United States unless such flags are treated as 

17 covered items under section 2533a(b) of title 10, United 

18 States Code. 

19 SEC. 8106. The Secretary of Defense, in consultation 

20 with the Service Secretaries, shall submit two reports to 

21 the congressional defense committees, not later than 

22 March 1, 2018, and not later than September 1, 2018, 

23 detailing the submission of records during the previous 6 

24 months to databases accessible to the National Instant 

25 Criminal Background Check System (NICS), including 

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1 the Interstate Identification Index (III), the National 

2 Crime Information Center (NCIC), and the NICS Index, 

3 as required by Public Law 110–180: Provided, That such 

4 reports shall provide the number and category of records 

5 submitted by month to each such database, by Service or 

6 Component: Provided further, That such reports shall 

7 identify the number and category of records submitted by 

8 month to those databases for which the Identification for 

9 Firearm Sales (IFFS) flag or other database flags were 

10 used to pre-validate the records and indicate that such 

11 persons are prohibited from receiving or possessing a fire12 arm: Provided further, That such reports shall describe the 

13 steps taken during the previous 6 months, by Service or 

14 Component, to ensure complete and accurate submission 

15 and appropriate flagging of records of individuals prohib16 ited from gun possession or receipt pursuant to 18 U.S.C. 

17 922(g) or (n) including applicable records involving pro18 ceedings under the Uniform Code of Military Justice. 

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

20 for the Department of Defense, amounts may be made 

21 available, under such regulations as the Secretary of De22 fense may prescribe, to local military commanders ap23 pointed by the Secretary, or by an officer or employee des24 ignated by the Secretary, to provide at their discretion ex 

25 gratia payments in amounts consistent with subsection (d) 

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1 of this section for damage, personal injury, or death that 

2 is incident to combat operations of the Armed Forces in 

3 a foreign country. 

4 (b) An ex gratia payment under this section may be 

5 provided only if— 

6 (1) the prospective foreign civilian recipient is 

7 determined by the local military commander to be 

8 friendly to the United States; 

9 (2) a claim for damages would not be compen10 sable under chapter 163 of title 10, United States 

11 Code (commonly known as the ‘‘Foreign Claims 

12 Act’’); and 

13 (3) the property damage, personal injury, or 

14 death was not caused by action by an enemy. 

15 (c) NATURE OF PAYMENTS.—Any payments provided 

16 under a program under subsection (a) shall not be consid17 ered an admission or acknowledgement of any legal obliga18 tion to compensate for any damage, personal injury, or 

19 death. 

20 (d) AMOUNT OF PAYMENTS.—If the Secretary of De21 fense determines a program under subsection (a) to be ap22 propriate in a particular setting, the amounts of pay23 ments, if any, to be provided to civilians determined to 

24 have suffered harm incident to combat operations of the 

25 Armed Forces under the program should be determined 

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1 pursuant to regulations prescribed by the Secretary and 

2 based on an assessment, which should include such factors 

3 as cultural appropriateness and prevailing economic condi4 tions. 

5 (e) LEGAL ADVICE.—Local military commanders 

6 shall receive legal advice before making ex gratia pay7 ments under this subsection. The legal advisor, under reg8 ulations of the Department of Defense, shall advise on 

9 whether an ex gratia payment is proper under this section 

10 and applicable Department of Defense regulations. 

11 (f) WRITTEN RECORD.—A written record of any ex 

12 gratia payment offered or denied shall be kept by the local 

13 commander and on a timely basis submitted to the appro14 priate office in the Department of Defense as determined 

15 by the Secretary of Defense. 

16 (g) REPORT.—The Secretary of Defense shall report 

17 to the congressional defense committees on an annual 

18 basis the efficacy of the ex gratia payment program in19 cluding the number of types of cases considered, amounts 

20 offered, the response from ex gratia payment recipients, 

21 and any recommended modifications to the program. 

22 SEC. 8108. None of the funds available in this Act 

23 to the Department of Defense, other than appropriations 

24 made for necessary or routine refurbishments, upgrades 

25 or maintenance activities, shall be used to reduce or to 

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1 prepare to reduce the number of deployed and non-de2 ployed strategic delivery vehicles and launchers below the 

3 levels set forth in the report submitted to Congress in ac4 cordance with section 1042 of the National Defense Au5 thorization Act for Fiscal Year 2012. 

6 SEC. 8109. The Secretary of Defense shall post grant 

7 awards on a public Website in a searchable format. 

8 SEC. 8110. The Secretary of each military depart9 ment, in reducing each research, development, test and 

10 evaluation and procurement account of the military de11 partment as required under paragraph (1) of section 

12 828(d) of the National Defense Authorization Act for Fis13 cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), 

14 as amended by section 825(a)(3) of the National Defense 

15 Authorization Act for Fiscal Year 2018, shall allocate the 

16 percentage reduction determined under paragraph (2) of 

17 such section 828(d) proportionally from all programs, 

18 projects, or activities under such account: Provided, That 

19 the authority under section 804(d)(2) of the National De20 fense Authorization Act for Fiscal Year 2016 (Public Law 

21 114–92; 10 U.S.C. 2302 note) to transfer amounts avail22 able in the Rapid Prototyping Fund shall be subject to 

23 section 8005 or 9002 of this Act, as applicable. 

24 SEC. 8111. None of the funds made available by this 

25 Act may be used to fund the performance of a flight demMarch 21, 2018 (6:08 p.m.)
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1 onstration team at a location outside of the United States: 

2 Provided, That this prohibition applies only if a perform3 ance of a flight demonstration team at a location within 

4 the United States was canceled during the current fiscal 

5 year due to insufficient funding. 

6 SEC. 8112. None of the funds made available by this 

7 Act may be used by the National Security Agency to— 

8 (1) conduct an acquisition pursuant to section 

9 702 of the Foreign Intelligence Surveillance Act of 

10 1978 for the purpose of targeting a United States 

11 person; or 

12 (2) acquire, monitor, or store the contents (as 

13 such term is defined in section 2510(8) of title 18, 

14 United States Code) of any electronic communica15 tion of a United States person from a provider of 

16 electronic communication services to the public pur17 suant to section 501 of the Foreign Intelligence Sur18 veillance Act of 1978. 

19 SEC. 8113. None of the funds made available by this 

20 Act may be obligated or expended to implement the Arms 

21 Trade Treaty until the Senate approves a resolution of 

22 ratification for the Treaty. 

23 SEC. 8114. None of the funds made available in this 

24 or any other Act may be used to pay the salary of any 

25 officer or employee of any agency funded by this Act who 

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1 approves or implements the transfer of administrative re2 sponsibilities or budgetary resources of any program, 

3 project, or activity financed by this Act to the jurisdiction 

4 of another Federal agency not financed by this Act with5 out the express authorization of Congress: Provided, That 

6 this limitation shall not apply to transfers of funds ex7 pressly provided for in Defense Appropriations Acts, or 

8 provisions of Acts providing supplemental appropriations 

9 for the Department of Defense. 

10 SEC. 8115. None of the funds made available in this 

11 Act may be obligated for activities authorized under sec12 tion 1208 of the Ronald W. Reagan National Defense Au13 thorization Act for Fiscal Year 2005 (Public Law 112– 

14 81; 125 Stat. 1621) to initiate support for, or expand sup15 port to, foreign forces, irregular forces, groups, or individ16 uals unless the congressional defense committees are noti17 fied in accordance with the direction contained in the clas18 sified annex accompanying this Act, not less than 15 days 

19 before initiating such support: Provided, That none of the 

20 funds made available in this Act may be used under sec21 tion 1208 for any activity that is not in support of an 

22 ongoing military operation being conducted by United 

23 States Special Operations Forces to combat terrorism: 

24 Provided further, That the Secretary of Defense may waive 

25 the prohibitions in this section if the Secretary determines 

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1 that such waiver is required by extraordinary cir2 cumstances and, by not later than 72 hours after making 

3 such waiver, notifies the congressional defense committees 

4 of such waiver. 

5 SEC. 8116. None of the funds made available by this 

6 Act may be used with respect to Iraq in contravention of 

7 the War Powers Resolution (50 U.S.C. 1541 et seq.), in8 cluding for the introduction of United States armed forces 

9 into hostilities in Iraq, into situations in Iraq where immi10 nent involvement in hostilities is clearly indicated by the 

11 circumstances, or into Iraqi territory, airspace, or waters 

12 while equipped for combat, in contravention of the con13 gressional consultation and reporting requirements of sec14 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 

15 1543). 

16 SEC. 8117. None of the funds provided in this Act 

17 for the T–AO(X) program shall be used to award a new 

18 contract that provides for the acquisition of the following 

19 components unless those components are manufactured in 

20 the United States: Auxiliary equipment (including pumps) 

21 for shipboard services; propulsion equipment (including 

22 engines, reduction gears, and propellers); shipboard 

23 cranes; and spreaders for shipboard cranes. 

24 SEC. 8118. Notwithstanding any other provision of 

25 this Act, to reflect savings due to lower than anticipated 

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1 fuel costs, the total amount appropriated in title II of this 

2 Act is hereby reduced by $110,780,000. 

3 SEC. 8119. None of the funds made available by this 

4 Act may be used for Government Travel Charge Card ex5 penses by military or civilian personnel of the Department 

6 of Defense for gaming, or for entertainment that includes 

7 topless or nude entertainers or participants, as prohibited 

8 by Department of Defense FMR, Volume 9, Chapter 3 

9 and Department of Defense Instruction 1015.10 (enclo10 sure 3, 14a and 14b). 

11 SEC. 8120. None of the funds made available by this 

12 Act may be used to propose, plan for, or execute a new 

13 or additional Base Realignment and Closure (BRAC) 

14 round. 

15 SEC. 8121. Of the amounts appropriated in this Act 

16 for ‘‘Operation and Maintenance, Navy’’, $289,255,000, 

17 to remain available until expended, may be used for any 

18 purposes related to the National Defense Reserve Fleet 

19 established under section 11 of the Merchant Ship Sales 

20 Act of 1946 (50 U.S.C. 4405): Provided, That such 

21 amounts are available for reimbursements to the Ready 

22 Reserve Force, Maritime Administration account of the 

23 United States Department of Transportation for pro24 grams, projects, activities, and expenses related to the Na25 tional Defense Reserve Fleet. 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8122. Of the amounts appropriated in this Act, 

3 the Secretary of Defense may use up to $46,000,000 

4 under the heading ‘‘Operation and Maintenance, Defense5 Wide’’, and up to $45,000,000 under the heading ‘‘Re6 search, Development, Test and Evaluation, Defense7 Wide’’ to develop, replace, and sustain Federal Govern8 ment security and suitability background investigation in9 formation technology systems of the Office of Personnel 

10 Management or other Federal agency responsible for con11 ducting such investigations: Provided, That the Secretary 

12 may transfer additional amounts into these headings or 

13 into ‘‘Procurement, Defense-Wide’’ using established re14 programming procedures prescribed in the Department of 

15 Defense Financial Management Regulation 7000.14, Vol16 ume 3, Chapter 6, dated September 2015: Provided fur17 ther, That such funds shall supplement, not supplant any 

18 other amounts made available to other Federal agencies 

19 for such purposes. 

20 SEC. 8123. None of the funds made available by this 

21 Act may be used to carry out the closure or realignment 

22 of the United States Naval Station, Guanta ́namo Bay, 

23 Cuba. 

24 SEC. 8124. (a) None of the funds made available in 

25 this Act may be used to maintain or establish a computer 

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1 network unless such network is designed to block access 

2 to pornography websites. 

3 (b) Nothing in subsection (a) shall limit the use of 

4 funds necessary for any Federal, State, tribal, or local law 

5 enforcement agency or any other entity carrying out crimi6 nal investigations, prosecution, or adjudication activities, 

7 or for any activity necessary for the national defense, in8 cluding intelligence activities. 

9 SEC. 8125. Notwithstanding any other provision of 

10 law, any transfer of funds appropriated or otherwise made 

11 available by this Act to the Global Engagement Center es12 tablished by section 1287 of the National Defense Author13 ization Act for Fiscal Year 2017 (Public Law 114–328; 

14 130 Stat. 22 U.S.C. 2656 note) shall be made in accord15 ance with section 8005 or 9002 of this Act, as applicable. 

16 SEC. 8126. No amounts credited or otherwise made 

17 available in this or any other Act to the Department of 

18 Defense Acquisition Workforce Development Fund may be 

19 transferred to: 

20 (1) the Rapid Prototyping Fund established 

21 under section 804(d) of the National Defense Au22 thorization Act for Fiscal Year 2016 (10 U.S.C. 

23 2302 note); or 

24 (2) credited to a military-department specific 

25 fund established under section 804(d)(2) of the NaMarch 21, 2018 (6:08 p.m.)
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1 tional Defense Authorization Act for Fiscal Year 

2 2016 (as amended by section 897 of the National 

3 Defense Authorization Act for Fiscal Year 2017). 

4 SEC. 8127. In addition to amounts provided else5 where in this Act, there is appropriated $235,000,000, for 

6 an additional amount for ‘‘Operation and Maintenance, 

7 Defense-Wide’’, to remain available until expended: Pro8 vided, That such funds shall only be available to the Sec9 retary of Defense, acting through the Office of Economic 

10 Adjustment of the Department of Defense, or for transfer 

11 to the Secretary of Education, notwithstanding any other 

12 provision of law, to make grants, conclude cooperative 

13 agreements, or supplement other Federal funds to con14 struct, renovate, repair, or expand elementary and sec15 ondary public schools on military installations in order to 

16 address capacity or facility condition deficiencies at such 

17 schools: Provided further, That in making such funds 

18 available, the Office of Economic Adjustment or the Sec19 retary of Education shall give priority consideration to 

20 those military installations with schools having the most 

21 serious capacity or facility condition deficiencies as deter22 mined by the Secretary of Defense: Provided further, That 

23 as a condition of receiving funds under this section a local 

24 educational agency or State shall provide a matching share 

25 as described in the notice titled ‘‘Department of Defense 

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1 Program for Construction, Renovation, Repair or Expan2 sion of Public Schools Located on Military Installations’’ 

3 published by the Department of Defense in the Federal 

4 Register on September 9, 2011 (76 Fed. Reg. 55883 et 

5 seq.): Provided further, That these provisions apply to 

6 funds provided under this section, and to funds previously 

7 provided by Congress to construct, renovate, repair, or ex8 pand elementary and secondary public schools on military 

9 installations in order to address capacity or facility condi10 tion deficiencies at such schools to the extent such funds 

11 remain unobligated on the date of enactment of this sec12 tion. 

13 SEC. 8128. In carrying out the program described in 

14 the memorandum on the subject of ‘‘Policy for Assisted 

15 Reproductive Services for the Benefit of Seriously or Se16 verely Ill/Injured (Category II or III) Active Duty Service 

17 Members’’ issued by the Assistant Secretary of Defense 

18 for Health Affairs on April 3, 2012, and the guidance 

19 issued to implement such memorandum, the Secretary of 

20 Defense shall apply such policy and guidance, except 

21 that— 

22 (1) the limitation on periods regarding embryo 

23 cryopreservation and storage set forth in part III(G) 

24 and in part IV(H) of such memorandum shall not 

25 apply; and 

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1 (2) the term ‘‘assisted reproductive technology’’ 

2 shall include embryo cryopreservation and storage 

3 without limitation on the duration of such 

4 cryopreservation and storage. 

5 SEC. 8129. None of the funds made available by this 

6 Act may be used to provide arms, training, or other assist7 ance to the Azov Battalion. 

8 SEC. 8130. None of the funds made available by this 

9 Act may be used to purchase heavy water from Iran. 

10 SEC. 8131. Section 316(a)(2) of the National De11 fense Authorization Act for Fiscal Year 2018 (Public Law 

12 115–91) is amended by striking ‘‘the study under this sub13 section’’ and inserting ‘‘the study and assessment under 

14 this section’’. 

15 SEC. 8132. Notwithstanding any other provision of 

16 law, from funds made available to the Department of De17 fense in title II of this Act under the heading ‘‘Operation 

18 and Maintenance, Defense-Wide’’, $15,000,000 shall be 

19 available for a project in a country designated by the Sec20 retary of Defense: Provided, That in furtherance of the 

21 project the Department of Defense is authorized to ac22 quire services, including services performed pursuant to 

23 a grant agreement, from another Federal agency, on an 

24 advance of funds or reimbursable basis: Provided further, 

25 That an order for services placed under this section is 

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1 deemed to be an obligation in the same manner that a 

2 similar order placed under a contract with a private con3 tractor is an obligation. 

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1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $2,683,694,000: Provided, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 MILITARY PERSONNEL, NAVY

12 For an additional amount for ‘‘Military Personnel, 

13 Navy’’, $377,857,000: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 MILITARY PERSONNEL, MARINE CORPS

19 For an additional amount for ‘‘Military Personnel, 

20 Marine Corps’’, $103,979,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

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

24 Emergency Deficit Control Act of 1985. 

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1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $914,119,000: Provided, That such amount 

4 is designated by the Congress for Overseas Contingency 

5 Operations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 RESERVE PERSONNEL, ARMY

9 For an additional amount for ‘‘Reserve Personnel, 

10 Army’’, $24,942,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, NAVY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Navy’’, $9,091,000: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, 

24 Marine Corps’’, $2,328,000: Provided, That such amount 

25 is designated by the Congress for Overseas Contingency 

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1 Operations/Global War on Terrorism pursuant to section 

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

3 Deficit Control Act of 1985. 

4 RESERVE PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Reserve Personnel, 

6 Air Force’’, $20,569,000: Provided, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 NATIONAL GUARD PERSONNEL, ARMY

12 For an additional amount for ‘‘National Guard Per13 sonnel, Army’’, $184,589,000: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

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

17 Emergency Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, AIR FORCE

19 For an additional amount for ‘‘National Guard Per20 sonnel, Air Force’’, $5,004,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

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

24 Emergency Deficit Control Act of 1985. 

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1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Main4 tenance, Army’’, $17,352,994,000: Provided, That such 

5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 

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

8 Emergency Deficit Control Act of 1985. 

9 OPERATION AND MAINTENANCE, NAVY

10 For an additional amount for ‘‘Operation and Main11 tenance, Navy’’, $6,449,404,000: Provided, That such 

12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

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

15 Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps’’, $1,401,536,000: Provided, That 

19 such amount is designated by the Congress for Overseas 

20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force’’, $10,873,895,000: Provided, That 

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1 such amount is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, DEFENSE-WIDE

6 For an additional amount for ‘‘Operation and Main7 tenance, Defense-Wide’’, $7,575,195,000: Provided, That 

8 of the funds provided under this heading, not to exceed 

9 $1,000,000,000, to remain available until September 30, 

10 2019, shall be for payments to reimburse key cooperating 

11 nations for logistical, military, and other support, includ12 ing access, provided to United States military and stability 

13 operations in Afghanistan and to counter the Islamic 

14 State of Iraq and Syria: Provided further, That such reim15 bursement payments may be made in such amounts as the 

16 Secretary of Defense, with the concurrence of the Sec17 retary of State, and in consultation with the Director of 

18 the Office of Management and Budget, may determine, 

19 based on documentation determined by the Secretary of 

20 Defense to adequately account for the support provided, 

21 and such determination is final and conclusive upon the 

22 accounting officers of the United States, and 15 days fol23 lowing notification to the appropriate congressional com24 mittees: Provided further, That these funds may be used 

25 for the purpose of providing specialized training and proMarch 21, 2018 (6:08 p.m.)
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1 curing supplies and specialized equipment and providing 

2 such supplies and loaning such equipment on a non-reim3 bursable basis to coalition forces supporting United States 

4 military and stability operations in Afghanistan and to 

5 counter the Islamic State of Iraq and Syria, and 15 days 

6 following notification to the appropriate congressional 

7 committees: Provided further, That these funds may be 

8 used to support the Government of Jordan, in such 

9 amounts as the Secretary of Defense may determine, to 

10 enhance the ability of the armed forces of Jordan to in11 crease or sustain security along its borders, upon 15 days 

12 prior written notification to the congressional defense 

13 committees outlining the amounts intended to be provided 

14 and the nature of the expenses incurred: Provided further, 

15 That of the funds provided under this heading, not to ex16 ceed $750,000,000, to remain available until September 

17 30, 2019, shall be available to provide support and assist18 ance to foreign security forces or other groups or individ19 uals to conduct, support or facilitate counterterrorism, cri20 sis response, or other Department of Defense security co21 operation programs: Provided further, That the Secretary 

22 of Defense shall provide quarterly reports to the congres23 sional defense committees on the use of funds provided 

24 in this paragraph: Provided further, That such amount is 

25 designated by the Congress for Overseas Contingency OpMarch 21, 2018 (6:08 p.m.)
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1 erations/Global War on Terrorism pursuant to section 

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

3 Deficit Control Act of 1985. 

4 OPERATION AND MAINTENANCE, ARMY RESERVE

5 For an additional amount for ‘‘Operation and Main6 tenance, Army Reserve’’, $24,699,000: Provided, That 

7 such amount is designated by the Congress for Overseas 

8 Contingency Operations/Global War on Terrorism pursu9 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

10 and Emergency Deficit Control Act of 1985. 

11 OPERATION AND MAINTENANCE, NAVY RESERVE

12 For an additional amount for ‘‘Operation and Main13 tenance, Navy Reserve’’, $23,980,000: Provided, That 

14 such amount is designated by the Congress for Overseas 

15 Contingency Operations/Global War on Terrorism pursu16 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

17 and Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE, MARINE CORPS

19 RESERVE

20 For an additional amount for ‘‘Operation and Main21 tenance, Marine Corps Reserve’’, $3,367,000: Provided, 

22 That such amount is designated by the Congress for Over23 seas Contingency Operations/Global War on Terrorism 

24 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

25 Budget and Emergency Deficit Control Act of 1985. 

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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force Reserve’’, $53,523,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, ARMY NATIONAL

9 GUARD

10 For an additional amount for ‘‘Operation and Main11 tenance, Army National Guard’’, $108,111,000: Provided, 

12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism 

14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

17 For an additional amount for ‘‘Operation and Main18 tenance, Air National Guard’’, $15,400,000: Provided, 

19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism 

21 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 

23 AFGHANISTAN SECURITY FORCES FUND

24 For the ‘‘Afghanistan Security Forces Fund’’, 

25 $4,666,815,000, to remain available until September 30, 

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1 2019: Provided, That such funds shall be available to the 

2 Secretary of Defense for the purpose of allowing the Com3 mander, Combined Security Transition Command—Af4 ghanistan, or the Secretary’s designee, to provide assist5 ance, with the concurrence of the Secretary of State, to 

6 the security forces of Afghanistan, including the provision 

7 of equipment, supplies, services, training, facility and in8 frastructure repair, renovation, construction, and funding: 

9 Provided further, That the Secretary of Defense may obli10 gate and expend funds made available to the Department 

11 of Defense in this title for additional costs associated with 

12 existing projects previously funded with amounts provided 

13 under the heading ‘‘Afghanistan Infrastructure Fund’’ in 

14 prior Acts: Provided further, That such costs shall be lim15 ited to contract changes resulting from inflation, market 

16 fluctuation, rate adjustments, and other necessary con17 tract actions to complete existing projects, and associated 

18 supervision and administration costs and costs for design 

19 during construction: Provided further, That the Secretary 

20 may not use more than $50,000,000 under the authority 

21 provided in this section: Provided further, That the Sec22 retary shall notify in advance such contract changes and 

23 adjustments in annual reports to the congressional defense 

24 committees: Provided further, That the authority to pro25 vide assistance under this heading is in addition to any 

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1 other authority to provide assistance to foreign nations: 

2 Provided further, That contributions of funds for the pur3 poses provided herein from any person, foreign govern4 ment, or international organization may be credited to this 

5 Fund, to remain available until expended, and used for 

6 such purposes: Provided further, That the Secretary of De7 fense shall notify the congressional defense committees in 

8 writing upon the receipt and upon the obligation of any 

9 contribution, delineating the sources and amounts of the 

10 funds received and the specific use of such contributions: 

11 Provided further, That the Secretary of Defense shall, not 

12 fewer than 15 days prior to obligating from this appro13 priation account, notify the congressional defense commit14 tees in writing of the details of any such obligation: Pro15 vided further, That the Secretary of Defense shall notify 

16 the congressional defense committees of any proposed new 

17 projects or transfer of funds between budget sub-activity 

18 groups in excess of $20,000,000: Provided further, That 

19 the United States may accept equipment procured using 

20 funds provided under this heading in this or prior Acts 

21 that was transferred to the security forces of Afghanistan 

22 and returned by such forces to the United States: Provided 

23 further, That equipment procured using funds provided 

24 under this heading in this or prior Acts, and not yet trans25 ferred to the security forces of Afghanistan or transferred 

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1 to the security forces of Afghanistan and returned by such 

2 forces to the United States, may be treated as stocks of 

3 the Department of Defense upon written notification to 

4 the congressional defense committees: Provided further, 

5 That of the funds provided under this heading, not less 

6 than $10,000,000 shall be for recruitment and retention 

7 of women in the Afghanistan National Security Forces, 

8 and the recruitment and training of female security per9 sonnel: Provided further, That such amount is designated 

10 by the Congress for Overseas Contingency Operations/ 

11 Global War on Terrorism pursuant to section 

12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 COUNTER-ISIS TRAIN AND EQUIP FUND

15 For the ‘‘Counter-Islamic State of Iraq and Syria 

16 Train and Equip Fund’’, $1,769,000,000, to remain avail17 able until September 30, 2019: Provided, That such funds 

18 shall be available to the Secretary of Defense in coordina19 tion with the Secretary of State, to provide assistance, in20 cluding training; equipment; logistics support, supplies, 

21 and services; stipends; infrastructure repair and renova22 tion; and sustainment, to foreign security forces, irregular 

23 forces, groups, or individuals participating, or preparing 

24 to participate in activities to counter the Islamic State of 

25 Iraq and Syria, and their affiliated or associated groups: 

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1 Provided further, That these funds may be used in such 

2 amounts as the Secretary of Defense may determine to 

3 enhance the border security of nations adjacent to conflict 

4 areas including Jordan, Lebanon, Egypt, and Tunisia re5 sulting from actions of the Islamic State of Iraq and 

6 Syria: Provided further, That amounts made available 

7 under this heading shall be available to provide assistance 

8 only for activities in a country designated by the Secretary 

9 of Defense, in coordination with the Secretary of State, 

10 as having a security mission to counter the Islamic State 

11 of Iraq and Syria, and following written notification to the 

12 congressional defense committees of such designation: 

13 Provided further, That the Secretary of Defense shall en14 sure that prior to providing assistance to elements of any 

15 forces or individuals, such elements or individuals are ap16 propriately vetted, including at a minimum, assessing such 

17 elements for associations with terrorist groups or groups 

18 associated with the Government of Iran; and receiving 

19 commitments from such elements to promote respect for 

20 human rights and the rule of law: Provided further, That 

21 the Secretary of Defense shall, not fewer than 15 days 

22 prior to obligating from this appropriation account, notify 

23 the congressional defense committees in writing of the de24 tails of any such obligation: Provided further, That the 

25 Secretary of Defense may accept and retain contributions, 

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1 including assistance in-kind, from foreign governments, 

2 including the Government of Iraq and other entities, to 

3 carry out assistance authorized under this heading: Pro4 vided further, That contributions of funds for the purposes 

5 provided herein from any foreign government or other en6 tity may be credited to this Fund, to remain available until 

7 expended, and used for such purposes: Provided further, 

8 That the Secretary of Defense may waive a provision of 

9 law relating to the acquisition of items and support serv10 ices or sections 40 and 40A of the Arms Export Control 

11 Act (22 U.S.C. 2780 and 2785) if the Secretary deter12 mines that such provision of law would prohibit, restrict, 

13 delay or otherwise limit the provision of such assistance 

14 and a notice of and justification for such waiver is sub15 mitted to the congressional defense committees, the Com16 mittees on Appropriations and Foreign Relations of the 

17 Senate and the Committees on Appropriations and For18 eign Affairs of the House of Representatives: Provided fur19 ther, That the United States may accept equipment pro20 cured using funds provided under this heading, or under 

21 the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, 

22 that was transferred to security forces, irregular forces, 

23 or groups participating, or preparing to participate in ac24 tivities to counter the Islamic State of Iraq and Syria and 

25 returned by such forces or groups to the United States, 

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1 may be treated as stocks of the Department of Defense 

2 upon written notification to the congressional defense 

3 committees: Provided further, That equipment procured 

4 using funds provided under this heading, or under the 

5 heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, and 

6 not yet transferred to security forces, irregular forces, or 

7 groups participating, or preparing to participate in activi8 ties to counter the Islamic State of Iraq and Syria may 

9 be treated as stocks of the Department of Defense when 

10 determined by the Secretary to no longer be required for 

11 transfer to such forces or groups and upon written notifi12 cation to the congressional defense committees: Provided 

13 further, That the Secretary of Defense shall provide quar14 terly reports to the congressional defense committees on 

15 the use of funds provided under this heading, including, 

16 but not limited to, the number of individuals trained, the 

17 nature and scope of support and sustainment provided to 

18 each group or individual, the area of operations for each 

19 group, and the contributions of other countries, groups, 

20 or individuals: Provided further, That such amount is des21 ignated by the Congress for Overseas Contingency Oper22 ations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 

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1 PROCUREMENT 

2 AIRCRAFT PROCUREMENT, ARMY

3 For an additional amount for ‘‘Aircraft Procurement, 

4 Army’’, $420,086,000, to remain available until Sep5 tember 30, 2020: Provided, That such amount is des6 ignated by the Congress for Overseas Contingency Oper7 ations/Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 MISSILE PROCUREMENT, ARMY

11 For an additional amount for ‘‘Missile Procurement, 

12 Army’’, $709,283,000, to remain available until Sep13 tember 30, 2020: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For an additional amount for ‘‘Procurement of Weap21 ons and Tracked Combat Vehicles, Army’’, 

22 $1,191,139,000, to remain available until September 30, 

23 2020: Provided, That such amount is designated by the 

24 Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For an additional amount for ‘‘Procurement of Am5 munition, Army’’, $191,836,000, to remain available until 

6 September 30, 2020: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 OTHER PROCUREMENT, ARMY

12 For an additional amount for ‘‘Other Procurement, 

13 Army’’, $405,575,000, to remain available until Sep14 tember 30, 2020: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 AIRCRAFT PROCUREMENT, NAVY

20 For an additional amount for ‘‘Aircraft Procurement, 

21 Navy’’, $157,300,000, to remain available until September 

22 30, 2020: Provided, That such amount is designated by 

23 the Congress for Overseas Contingency Operations/Global 

24 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 WEAPONS PROCUREMENT, NAVY

4 For an additional amount for ‘‘Weapons Procure5 ment, Navy’’, $130,994,000, to remain available until 

6 September 30, 2020: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

12 CORPS

13 For an additional amount for ‘‘Procurement of Am14 munition, Navy and Marine Corps’’, $233,406,000, to re15 main available until September 30, 2020: Provided, That 

16 such amount is designated by the Congress for Overseas 

17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985. 

20 OTHER PROCUREMENT, NAVY

21 For an additional amount for ‘‘Other Procurement, 

22 Navy’’, $239,359,000, to remain available until September 

23 30, 2020: Provided, That such amount is designated by 

24 the Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 PROCUREMENT, MARINE CORPS

4 For an additional amount for ‘‘Procurement, Marine 

5 Corps’’, $64,307,000, to remain available until September 

6 30, 2020: Provided, That such amount is designated by 

7 the Congress for Overseas Contingency Operations/Global 

8 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 AIRCRAFT PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Aircraft Procurement, 

13 Air Force’’, $503,938,000, to remain available until Sep14 tember 30, 2020: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 MISSILE PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Missile Procurement, 

21 Air Force’’, $481,700,000, to remain available until Sep22 tember 30, 2020: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 

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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 SPACE PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Space Procurement, 

5 Air Force’’, $2,256,000, to remain available until Sep6 tember 30, 2020: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 PROCUREMENT OF AMMUNITION, AIR FORCE

12 For an additional amount for ‘‘Procurement of Am13 munition, Air Force’’, $551,509,000, to remain available 

14 until September 30, 2020: Provided, That such amount 

15 is designated by the Congress for Overseas Contingency 

16 Operations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 OTHER PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Other Procurement, 

21 Air Force’’, $3,324,590,000, to remain available until 

22 September 30, 2020: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 

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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PROCUREMENT, DEFENSE-WIDE

4 For an additional amount for ‘‘Procurement, De5 fense-Wide’’, $517,041,000, to remain available until Sep6 tember 30, 2020: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

12 For procurement of rotary-wing aircraft; combat, tac13 tical and support vehicles; other weapons; and other pro14 curement items for the reserve components of the Armed 

15 Forces, $1,300,000,000, to remain available for obligation 

16 until September 30, 2020: Provided, That the Chiefs of 

17 National Guard and Reserve components shall, not later 

18 than 30 days after enactment of this Act, individually sub19 mit to the congressional defense committees the mod20 ernization priority assessment for their respective Na21 tional Guard or Reserve component: Provided further, 

22 That none of the funds made available by this paragraph 

23 may be used to procure manned fixed wing aircraft, or 

24 procure or modify missiles, munitions, or ammunition: 

25 Provided further, That such amount is designated by the 

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1 Congress for Overseas Contingency Operations/Global 

2 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

3 the Balanced Budget and Emergency Deficit Control Act 

4 of 1985. 

5 RESEARCH, DEVELOPMENT, TEST AND 

6 EVALUATION 

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

8 ARMY

9 For an additional amount for ‘‘Research, Develop10 ment, Test and Evaluation, Army’’, $235,368,000, to re11 main available until September 30, 2019: Provided, That 

12 such amount is designated by the Congress for Overseas 

13 Contingency Operations/Global War on Terrorism pursu14 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

15 and Emergency Deficit Control Act of 1985. 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

17 NAVY

18 For an additional amount for ‘‘Research, Develop19 ment, Test and Evaluation, Navy’’, $167,565,000, to re20 main available until September 30, 2019: Provided, That 

21 such amount is designated by the Congress for Overseas 

22 Contingency Operations/Global War on Terrorism pursu23 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

24 and Emergency Deficit Control Act of 1985. 

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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $129,608,000, to 

5 remain available until September 30, 2019: Provided, 

6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism 

8 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Defense-Wide’’, 

14 $394,396,000, to remain available until September 30, 

15 2019: Provided, That such amount is designated by the 

16 Congress for Overseas Contingency Operations/Global 

17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 REVOLVING AND MANAGEMENT FUNDS 

21 DEFENSE WORKING CAPITAL FUNDS

22 For an additional amount for ‘‘Defense Working 

23 Capital Funds’’, $148,956,000: Provided, That such 

24 amount is designated by the Congress for Overseas Con25 tingency Operations/Global War on Terrorism pursuant to 

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

2 Emergency Deficit Control Act of 1985. 

3 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

4 DEFENSE HEALTH PROGRAM

5 For an additional amount for ‘‘Defense Health Pro6 gram’’, $395,805,000, which shall be for operation and 

7 maintenance: Provided, That such amount is designated 

8 by the Congress for Overseas Contingency Operations/ 

9 Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

13 DEFENSE

14 For an additional amount for ‘‘Drug Interdiction and 

15 Counter-Drug Activities, Defense’’, $196,300,000: Pro16 vided, That such amount is designated by the Congress 

17 for Overseas Contingency Operations/Global War on Ter18 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For an additional amount for the ‘‘Office of the In22 spector General’’, $24,692,000: Provided, That such 

23 amount is designated by the Congress for Overseas Con24 tingency Operations/Global War on Terrorism pursuant to 

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

2 Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 9001. Notwithstanding any other provision of 

5 law, funds made available in this title are in addition to 

6 amounts appropriated or otherwise made available for the 

7 Department of Defense for fiscal year 2018. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 9002. Upon the determination of the Secretary 

10 of Defense that such action is necessary in the national 

11 interest, the Secretary may, with the approval of the Of12 fice of Management and Budget, transfer up to 

13 $2,250,000,000 between the appropriations or funds made 

14 available to the Department of Defense in this title: Pro15 vided, That the Secretary shall notify the Congress 

16 promptly of each transfer made pursuant to the authority 

17 in this section: Provided further, That the authority pro18 vided in this section is in addition to any other transfer 

19 authority available to the Department of Defense and is 

20 subject to the same terms and conditions as the authority 

21 provided in section 8005 of this Act. 

22 SEC. 9003. Supervision and administration costs and 

23 costs for design during construction associated with a con24 struction project funded with appropriations available for 

25 operation and maintenance or the ‘‘Afghanistan Security 

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1 Forces Fund’’ provided in this Act and executed in direct 

2 support of overseas contingency operations in Afghani3 stan, may be obligated at the time a construction contract 

4 is awarded: Provided, That, for the purpose of this section, 

5 supervision and administration costs and costs for design 

6 during construction include all in-house Government costs. 

7 SEC. 9004. From funds made available in this title, 

8 the Secretary of Defense may purchase for use by military 

9 and civilian employees of the Department of Defense in 

10 the United States Central Command area of responsi11 bility: (1) passenger motor vehicles up to a limit of 

12 $75,000 per vehicle; and (2) heavy and light armored vehi13 cles for the physical security of personnel or for force pro14 tection purposes up to a limit of $450,000 per vehicle, not15 withstanding price or other limitations applicable to the 

16 purchase of passenger carrying vehicles. 

17 SEC. 9005. Not to exceed $5,000,000 of the amounts 

18 appropriated by this title under the heading ‘‘Operation 

19 and Maintenance, Army’’ may be used, notwithstanding 

20 any other provision of law, to fund the Commanders’ 

21 Emergency Response Program (CERP), for the purpose 

22 of enabling military commanders in Afghanistan to re23 spond to urgent, small-scale, humanitarian relief and re24 construction requirements within their areas of responsi25 bility: Provided, That each project (including any ancillary 

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1 or related elements in connection with such project) exe2 cuted under this authority shall not exceed $2,000,000: 

3 Provided further, That not later than 45 days after the 

4 end of each 6 months of the fiscal year, the Secretary of 

5 Defense shall submit to the congressional defense commit6 tees a report regarding the source of funds and the alloca7 tion and use of funds during that 6-month period that 

8 were made available pursuant to the authority provided 

9 in this section or under any other provision of law for the 

10 purposes described herein: Provided further, That, not 

11 later than 30 days after the end of each fiscal year quar12 ter, the Army shall submit to the congressional defense 

13 committees quarterly commitment, obligation, and expend14 iture data for the CERP in Afghanistan: Provided further, 

15 That, not less than 15 days before making funds available 

16 pursuant to the authority provided in this section or under 

17 any other provision of law for the purposes described here18 in for a project with a total anticipated cost for completion 

19 of $500,000 or more, the Secretary shall submit to the 

20 congressional defense committees a written notice con21 taining each of the following: 

22 (1) The location, nature and purpose of the 

23 proposed project, including how the project is in24 tended to advance the military campaign plan for 

25 the country in which it is to be carried out. 

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1 (2) The budget, implementation timeline with 

2 milestones, and completion date for the proposed 

3 project, including any other CERP funding that has 

4 been or is anticipated to be contributed to the com5 pletion of the project. 

6 (3) A plan for the sustainment of the proposed 

7 project, including the agreement with either the host 

8 nation, a non-Department of Defense agency of the 

9 United States Government or a third-party contrib10 utor to finance the sustainment of the activities and 

11 maintenance of any equipment or facilities to be pro12 vided through the proposed project. 

13 SEC. 9006. Funds available to the Department of De14 fense for operation and maintenance may be used, not15 withstanding any other provision of law, to provide sup16 plies, services, transportation, including airlift and sealift, 

17 and other logistical support to allied forces participating 

18 in a combined operation with the armed forces of the 

19 United States and coalition forces supporting military and 

20 stability operations in Afghanistan and to counter the Is21 lamic State of Iraq and Syria: Provided, That the Sec22 retary of Defense shall provide quarterly reports to the 

23 congressional defense committees regarding support pro24 vided under this section. 

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1 SEC. 9007. None of the funds appropriated or other2 wise made available by this or any other Act shall be obli3 gated or expended by the United States Government for 

4 a purpose as follows: 

5 (1) To establish any military installation or 

6 base for the purpose of providing for the permanent 

7 stationing of United States Armed Forces in Iraq. 

8 (2) To exercise United States control over any 

9 oil resource of Iraq. 

10 (3) To establish any military installation or 

11 base for the purpose of providing for the permanent 

12 stationing of United States Armed Forces in Af13 ghanistan. 

14 SEC. 9008. None of the funds made available in this 

15 Act may be used in contravention of the following laws 

16 enacted or regulations promulgated to implement the 

17 United Nations Convention Against Torture and Other 

18 Cruel, Inhuman or Degrading Treatment or Punishment 

19 (done at New York on December 10, 1984): 

20 (1) Section 2340A of title 18, United States 

21 Code. 

22 (2) Section 2242 of the Foreign Affairs Reform 

23 and Restructuring Act of 1998 (division G of Public 

24 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

25 note) and regulations prescribed thereto, including 

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1 regulations under part 208 of title 8, Code of Fed2 eral Regulations, and part 95 of title 22, Code of 

3 Federal Regulations. 

4 (3) Sections 1002 and 1003 of the Department 

5 of Defense, Emergency Supplemental Appropriations 

6 to Address Hurricanes in the Gulf of Mexico, and 

7 Pandemic Influenza Act, 2006 (Public Law 109– 

8 148). 

9 SEC. 9009. None of the funds provided for the ‘‘Af10 ghanistan Security Forces Fund’’ (ASFF) may be obli11 gated prior to the approval of a financial and activity plan 

12 by the Afghanistan Resources Oversight Council (AROC) 

13 of the Department of Defense: Provided, That the AROC 

14 must approve the requirement and acquisition plan for any 

15 service requirements in excess of $50,000,000 annually 

16 and any non-standard equipment requirements in excess 

17 of $100,000,000 using ASFF: Provided further, That the 

18 Department of Defense must certify to the congressional 

19 defense committees that the AROC has convened and ap20 proved a process for ensuring compliance with the require21 ments in the preceding proviso and accompanying report 

22 language for the ASFF. 

23 SEC. 9010. Funds made available in this title to the 

24 Department of Defense for operation and maintenance 

25 may be used to purchase items having an investment unit 

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1 cost of not more than $250,000: Provided, That, upon de2 termination by the Secretary of Defense that such action 

3 is necessary to meet the operational requirements of a 

4 Commander of a Combatant Command engaged in contin5 gency operations overseas, such funds may be used to pur6 chase items having an investment item unit cost of not 

7 more than $500,000. 

8 SEC. 9011. Up to $500,000,000 of funds appro9 priated by this Act for the Defense Security Cooperation 

10 Agency in ‘‘Operation and Maintenance, Defense-Wide’’ 

11 may be used to provide assistance to the Government of 

12 Jordan to support the armed forces of Jordan and to en13 hance security along its borders. 

14 SEC. 9012. None of the funds made available by this 

15 Act under the heading ‘‘Counter-ISIS Train and Equip 

16 Fund’’ may be used to procure or transfer man-portable 

17 air defense systems. 

18 SEC. 9013. For the ‘‘Ukraine Security Assistance Ini19 tiative’’, $200,000,000 is hereby appropriated, to remain 

20 available until September 30, 2018: Provided, That such 

21 funds shall be available to the Secretary of Defense, in 

22 coordination with the Secretary of State, to provide assist23 ance, including training; equipment; lethal weapons of a 

24 defensive nature; logistics support, supplies and services; 

25 sustainment; and intelligence support to the military and 

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1 national security forces of Ukraine, and for replacement 

2 of any weapons or defensive articles provided to the Gov3 ernment of Ukraine from the inventory of the United 

4 States: Provided further, That the Secretary of Defense 

5 shall, not less than 15 days prior to obligating funds pro6 vided under this heading, notify the congressional defense 

7 committees in writing of the details of any such obligation: 

8 Provided further, That the United States may accept 

9 equipment procured using funds provided under this head10 ing in this or prior Acts that was transferred to the secu11 rity forces of Ukraine and returned by such forces to the 

12 United States: Provided further, That equipment procured 

13 using funds provided under this heading in this or prior 

14 Acts, and not yet transferred to the military or National 

15 Security Forces of Ukraine or returned by such forces to 

16 the United States, may be treated as stocks of the Depart17 ment of Defense upon written notification to the congres18 sional defense committees: Provided further, That amounts 

19 made available by this section are designated by the Con20 gress for Overseas Contingency Operations/Global War on 

21 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 

23 SEC. 9014. Funds appropriated in this title shall be 

24 available for replacement of funds for items provided to 

25 the Government of Ukraine from the inventory of the 

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1 United States to the extent specifically provided for in sec2 tion 9013 of this Act. 

3 SEC. 9015. None of the funds made available by this 

4 Act under section 9013 for ‘‘Assistance and Sustainment 

5 to the Military and National Security Forces of Ukraine’’ 

6 may be used to procure or transfer man-portable air de7 fense systems. 

8 SEC. 9016. (a) None of the funds appropriated or 

9 otherwise made available by this Act under the heading 

10 ‘‘Operation and Maintenance, Defense-Wide’’ for pay11 ments under section 1233 of Public Law 110–181 for re12 imbursement to the Government of Pakistan may be made 

13 available unless the Secretary of Defense, in coordination 

14 with the Secretary of State, certifies to the congressional 

15 defense committees that the Government of Pakistan is— 

16 (1) cooperating with the United States in 

17 counterterrorism efforts against the Haqqani Net18 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

19 Jaish-e-Mohammed, Al Qaeda, and other domestic 

20 and foreign terrorist organizations, including taking 

21 steps to end support for such groups and prevent 

22 them from basing and operating in Pakistan and 

23 carrying out cross border attacks into neighboring 

24 countries; 

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1 (2) not supporting terrorist activities against 

2 United States or coalition forces in Afghanistan, and 

3 Pakistan’s military and intelligence agencies are not 

4 intervening extra-judicially into political and judicial 

5 processes in Pakistan; 

6 (3) dismantling improvised explosive device 

7 (IED) networks and interdicting precursor chemicals 

8 used in the manufacture of IEDs; 

9 (4) preventing the proliferation of nuclear-re10 lated material and expertise; 

11 (5) implementing policies to protect judicial 

12 independence and due process of law; 

13 (6) issuing visas in a timely manner for United 

14 States visitors engaged in counterterrorism efforts 

15 and assistance programs in Pakistan; and 

16 (7) providing humanitarian organizations access 

17 to detainees, internally displaced persons, and other 

18 Pakistani civilians affected by the conflict. 

19 (b) The Secretary of Defense, in coordination with 

20 the Secretary of State, may waive the restriction in sub21 section (a) on a case-by-case basis by certifying in writing 

22 to the congressional defense committees that it is in the 

23 national security interest to do so: Provided, That if the 

24 Secretary of Defense, in coordination with the Secretary 

25 of State, exercises such waiver authority, the Secretaries 

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1 shall report to the congressional defense committees on 

2 both the justification for the waiver and on the require3 ments of this section that the Government of Pakistan was 

4 not able to meet: Provided further, That such report may 

5 be submitted in classified form if necessary. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 9017. In addition to amounts otherwise made 

8 available in this Act, $770,000,000 is hereby appropriated 

9 to the Department of Defense and made available for 

10 transfer only to the operation and maintenance, military 

11 personnel, and procurement accounts, to improve the intel12 ligence, surveillance, and reconnaissance capabilities of the 

13 Department of Defense: Provided, That the transfer au14 thority provided in this section is in addition to any other 

15 transfer authority provided elsewhere in this Act: Provided 

16 further, That not later than 30 days prior to exercising 

17 the transfer authority provided in this section, the Sec18 retary of Defense shall submit a report to the congres19 sional defense committees on the proposed uses of these 

20 funds: Provided further, That the funds provided in this 

21 section may not be transferred to any program, project, 

22 or activity specifically limited or denied by this Act: Pro23 vided further, That amounts made available by this section 

24 are designated by the Congress for Overseas Contingency 

25 Operations/Global War on Terrorism pursuant to section 

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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985: Provided further, That the 

3 authority to provide funding under this section shall termi4 nate on September 30, 2018. 

5 SEC. 9018. None of the funds made available by this 

6 Act may be used with respect to Syria in contravention 

7 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

8 including for the introduction of United States armed or 

9 military forces into hostilities in Syria, into situations in 

10 Syria where imminent involvement in hostilities is clearly 

11 indicated by the circumstances, or into Syrian territory, 

12 airspace, or waters while equipped for combat, in con13 travention of the congressional consultation and reporting 

14 requirements of sections 3 and 4 of that law (50 U.S.C. 

15 1542 and 1543). 

16 SEC. 9019. None of the funds in this Act may be 

17 made available for the transfer of additional C–130 cargo 

18 aircraft to the Afghanistan National Security Forces or 

19 the Afghanistan Air Force until the Department of De20 fense provides a report to the congressional defense com21 mittees of the Afghanistan Air Force’s medium airlift re22 quirements. The report should identify Afghanistan’s abil23 ity to utilize and maintain existing medium lift aircraft 

24 in the inventory and the best alternative platform, if necMarch 21, 2018 (6:08 p.m.)
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1 essary, to provide additional support to the Afghanistan 

2 Air Force’s current medium airlift capacity. 

3 (RESCISSIONS)

4 SEC. 9020. Of the funds appropriated in Department 

5 of Defense Appropriations Acts, the following funds are 

6 hereby rescinded from the following accounts and pro7 grams in the specified amounts: Provided, That such 

8 amounts are designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985: 

12 ‘‘Operation and Maintenance, Defense-Wide: 

13 Coalition Support Fund’’, 2017/2018, $500,000,000; 

14 ‘‘Operation and Maintenance, Defense-Wide: 

15 DSCA Security Cooperation’’, 2017/2018, 

16 $250,000,000; 

17 ‘‘Afghanistan Security Forces Fund’’, 2017/ 

18 2018, $100,000,000; 

19 ‘‘Counter-ISIL Train and Equip Fund’’, 2017/ 

20 2018, $80,000,000; 

21 ‘‘Other Procurement, Air Force’’, 2017/2019, 

22 $25,100,000; and 

23 ‘‘Counter-ISIL Overseas Contingency Oper24 ations Transfer Fund’’, XXXX, $1,610,000,000. 

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1 SEC. 9021. (a) Not later than 30 days after the date 

2 of the enactment of this Act, the President shall submit 

3 to Congress a report on the United States strategy to de4 feat Al-Qaeda, the Taliban, the Islamic State of Iraq and 

5 Syria (ISIS), and their associated forces and co-belliger6 ents. 

7 (b) The report required under subsection (a) shall in8 clude the following: 

9 (1) An analysis of the adequacy of the existing 

10 legal framework to accomplish the strategy described 

11 in subsection (a), particularly with respect to the 

12 Authorization for Use of Military Force (Public Law 

13 107–40; 50 U.S.C. 1541 note) and the Authoriza14 tion for Use of Military Force Against Iraq Resolu15 tion of 2002 (Public Law 107–243; 50 U.S.C. 1541 

16 note). 

17 (2) An analysis of the budgetary resources nec18 essary to accomplish the strategy described in sub19 section (a). 

20 (c) Not later than 30 days after the date on which 

21 the President submits to the appropriate congressional 

22 committees the report required by subsection (a), the Sec23 retary of State and the Secretary of Defense shall testify 

24 at any hearing held by any of the appropriate congresMarch 21, 2018 (6:08 p.m.)
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1 sional committees on the report and to which the Sec2 retary is invited. 

3 (d) In this section, the term ‘‘appropriate congres4 sional committees’’ means— 

5 (1) the Committees on Foreign Relations, 

6 Armed Services and Appropriations of the Senate; 

7 and 

8 (2) the Committees on Foreign Affairs, Armed 

9 Services and Appropriations of the House of Rep10 resentatives. 

11 SEC. 9022. Funds available for the Afghanistan Se12 curity Forces Fund may be used to provide limited train13 ing, equipment, and other assistance that would otherwise 

14 be prohibited by 10 U.S.C. 362 to a unit of the security 

15 forces of Afghanistan only if the Secretary certifies to the 

16 congressional defense committees, within 30 days of a de17 cision to provide such assistance, that (1) a denial of such 

18 assistance would present significant risk to U.S. or coali19 tion forces or significantly undermine United States na20 tional security objectives in Afghanistan; and (2) the Sec21 retary has sought a commitment by the Government of 

22 Afghanistan to take all necessary corrective steps: Pro23 vided, That such certification shall be accompanied by a 

24 report describing: (1) the information relating to the gross 

25 violation of human rights; (2) the circumstances that neMarch 21, 2018 (6:08 p.m.)
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1 cessitated the provision of such assistance; (3) the Afghan 

2 security force unit involved; (4) the assistance provided 

3 and the assistance withheld; and (5) the corrective steps 

4 to be taken by the Government of Afghanistan: Provided 

5 further, That every 120 days after the initial report an 

6 additional report shall be submitted detailing the status 

7 of any corrective steps taken by the Government of Af8 ghanistan: Provided further, That if the Government of Af9 ghanistan has not initiated necessary corrective steps 

10 within one year of the certification, the authority under 

11 this section to provide assistance to such unit shall no 

12 longer apply: Provided further, That the Secretary shall 

13 submit a report to such committees detailing the final dis14 position of the case by the Government of Afghanistan. 

15 This division may be cited as the ‘‘Department of De16 fense Appropriations Act, 2018’’. 

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1 DIVISION D—ENERGY AND WATER DEVEL2 OPMENT AND RELATED AGENCIES AP3 PROPRIATIONS ACT, 2018 

4 TITLE I 

5 CORPS OF ENGINEERS—CIVIL 

6 DEPARTMENT OF THE ARMY 

7 CORPS OF ENGINEERS—CIVIL

8 The following appropriations shall be expended under 

9 the direction of the Secretary of the Army and the super10 vision of the Chief of Engineers for authorized civil func11 tions of the Department of the Army pertaining to river 

12 and harbor, flood and storm damage reduction, shore pro13 tection, aquatic ecosystem restoration, and related efforts. 

14 INVESTIGATIONS

15 For expenses necessary where authorized by law for 

16 the collection and study of basic information pertaining 

17 to river and harbor, flood and storm damage reduction, 

18 shore protection, aquatic ecosystem restoration, and re19 lated needs; for surveys and detailed studies, and plans 

20 and specifications of proposed river and harbor, flood and 

21 storm damage reduction, shore protection, and aquatic 

22 ecosystem restoration projects, and related efforts prior to 

23 construction; for restudy of authorized projects; and for 

24 miscellaneous investigations, and, when authorized by law, 

25 surveys and detailed studies, and plans and specifications 

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1 of projects prior to construction, $123,000,000, to remain 

2 available until expended: Provided, That the Secretary 

3 shall initiate six new study starts during fiscal year 2018: 

4 Provided further, That the new study starts shall consist 

5 of five studies where the majority of the benefits are de6 rived from navigation transportation savings or from flood 

7 and storm damage reduction and one study where the ma8 jority of benefits are derived from environmental restora9 tion: Provided further, That the Secretary shall not deviate 

10 from the new starts proposed in the work plan, once the 

11 plan has been submitted to the Committees on Appropria12 tions of both Houses of Congress. 

13 CONSTRUCTION

14 For expenses necessary for the construction of river 

15 and harbor, flood and storm damage reduction, shore pro16 tection, aquatic ecosystem restoration, and related 

17 projects authorized by law; for conducting detailed studies, 

18 and plans and specifications, of such projects (including 

19 those involving participation by States, local governments, 

20 or private groups) authorized or made eligible for selection 

21 by law (but such detailed studies, and plans and specifica22 tions, shall not constitute a commitment of the Govern23 ment to construction); $2,085,000,000, to remain avail24 able until expended; of which such sums as are necessary 

25 to cover the Federal share of construction costs for faciliMarch 21, 2018 (6:08 p.m.)
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1 ties under the Dredged Material Disposal Facilities pro2 gram shall be derived from the Harbor Maintenance Trust 

3 Fund as authorized by Public Law 104–303; and of which 

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

5 of construction, replacement, rehabilitation, and expansion 

6 of inland waterways projects shall be derived from the In7 land Waterways Trust Fund, except as otherwise specifi8 cally provided for in law: Provided, That the Secretary 

9 shall initiate five new construction starts during fiscal year 

10 2018: Provided further, That the new construction starts 

11 shall consist of four projects where the majority of the 

12 benefits are derived from navigation transportation sav13 ings or from flood and storm damage reduction and one 

14 project where the majority of the benefits are derived from 

15 environmental restoration: Provided further, That for new 

16 construction projects, project cost sharing agreements 

17 shall be executed as soon as practicable but no later than 

18 September 30, 2018: Provided further, That no allocation 

19 for a new start shall be considered final and no work al20 lowance shall be made until the Secretary provides to the 

21 Committees on Appropriations of both Houses of Congress 

22 an out-year funding scenario demonstrating the afford23 ability of the selected new starts and the impacts on other 

24 projects: Provided further, That the Secretary may not de25 viate from the new starts proposed in the work plan, once 

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1 the plan has been submitted to the Committees on Appro2 priations of both Houses of Congress. 

3 MISSISSIPPI RIVER AND TRIBUTARIES

4 For expenses necessary for flood damage reduction 

5 projects and related efforts in the Mississippi River allu6 vial valley below Cape Girardeau, Missouri, as authorized 

7 by law, $425,000,000, to remain available until expended, 

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

9 share of eligible operation and maintenance costs for in10 land harbors shall be derived from the Harbor Mainte11 nance Trust Fund: Provided, That the Secretary shall ini12 tiate one new study start during fiscal year 2018. 

13 OPERATION AND MAINTENANCE

14 For expenses necessary for the operation, mainte15 nance, and care of existing river and harbor, flood and 

16 storm damage reduction, aquatic ecosystem restoration, 

17 and related projects authorized by law; providing security 

18 for infrastructure owned or operated by the Corps, includ19 ing administrative buildings and laboratories; maintaining 

20 harbor channels provided by a State, municipality, or 

21 other public agency that serve essential navigation needs 

22 of general commerce, where authorized by law; surveying 

23 and charting northern and northwestern lakes and con24 necting waters; clearing and straightening channels; and 

25 removing obstructions to navigation, $3,630,000,000, to 

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1 remain available until expended, of which such sums as 

2 are necessary to cover the Federal share of eligible oper3 ation and maintenance costs for coastal harbors and chan4 nels, and for inland harbors shall be derived from the Har5 bor Maintenance Trust Fund; of which such sums as be6 come available from the special account for the Corps of 

7 Engineers established by the Land and Water Conserva8 tion Fund Act of 1965 shall be derived from that account 

9 for resource protection, research, interpretation, and 

10 maintenance activities related to resource protection in the 

11 areas at which outdoor recreation is available; and of 

12 which such sums as become available from fees collected 

13 under section 217 of Public Law 104–303 shall be used 

14 to cover the cost of operation and maintenance of the 

15 dredged material disposal facilities for which such fees 

16 have been collected: Provided, That 1 percent of the total 

17 amount of funds provided for each of the programs, 

18 projects, or activities funded under this heading shall not 

19 be allocated to a field operating activity prior to the begin20 ning of the fourth quarter of the fiscal year and shall be 

21 available for use by the Chief of Engineers to fund such 

22 emergency activities as the Chief of Engineers determines 

23 to be necessary and appropriate, and that the Chief of En24 gineers shall allocate during the fourth quarter any re25 maining funds which have not been used for emergency 

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1 activities proportionally in accordance with the amounts 

2 provided for the programs, projects, or activities. 

3 REGULATORY PROGRAM

4 For expenses necessary for administration of laws 

5 pertaining to regulation of navigable waters and wetlands, 

6 $200,000,000, to remain available until September 30, 

7 2019. 

8 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

9 For expenses necessary to clean up contamination 

10 from sites in the United States resulting from work per11 formed as part of the Nation’s early atomic energy pro12 gram, $139,000,000, to remain available until expended. 

13 FLOOD CONTROL AND COASTAL EMERGENCIES

14 For expenses necessary to prepare for flood, hurri15 cane, and other natural disasters and support emergency 

16 operations, repairs, and other activities in response to 

17 such disasters as authorized by law, $35,000,000, to re18 main available until expended. 

19 EXPENSES

20 For expenses necessary for the supervision and gen21 eral administration of the civil works program in the head22 quarters of the Corps of Engineers and the offices of the 

23 Division Engineers; and for costs of management and op24 eration of the Humphreys Engineer Center Support Activ25 ity, the Institute for Water Resources, the United States 

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1 Army Engineer Research and Development Center, and 

2 the United States Army Corps of Engineers Finance Cen3 ter allocable to the civil works program, $185,000,000, to 

4 remain available until September 30, 2019, of which not 

5 to exceed $5,000 may be used for official reception and 

6 representation purposes and only during the current fiscal 

7 year: Provided, That no part of any other appropriation 

8 provided in this title shall be available to fund the civil 

9 works activities of the Office of the Chief of Engineers 

10 or the civil works executive direction and management ac11 tivities of the division offices: Provided further, That any 

12 Flood Control and Coastal Emergencies appropriation 

13 may be used to fund the supervision and general adminis14 tration of emergency operations, repairs, and other activi15 ties in response to any flood, hurricane, or other natural 

16 disaster. 

17 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

18 FOR CIVIL WORKS

19 For the Office of the Assistant Secretary of the Army 

20 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 

21 $5,000,000, to remain available until September 30, 2019: 

22 Provided, That not more than 75 percent of such amount 

23 may be obligated or expended until the Assistant Sec24 retary submits to the Committees on Appropriations of 

25 both Houses of Congress a work plan that allocates at 

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1 least 95 percent of the additional funding provided under 

2 each heading in this title (as designated under such head3 ing in the explanatory statement described in section 4 

4 (in the matter preceding division A of this consolidated 

5 Act)) to specific programs, projects, or activities. 

6 GENERAL PROVISIONS—CORPS OF 

7 ENGINEERS—CIVIL 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 101. (a) None of the funds provided in title I 

10 of this Act, or provided by previous appropriations Acts 

11 to the agencies or entities funded in title I of this Act 

12 that remain available for obligation or expenditure in fiscal 

13 year 2018, shall be available for obligation or expenditure 

14 through a reprogramming of funds that: 

15 (1) creates or initiates a new program, project, 

16 or activity; 

17 (2) eliminates a program, project, or activity; 

18 (3) increases funds or personnel for any pro19 gram, project, or activity for which funds have been 

20 denied or restricted by this Act, unless prior ap21 proval is received from the House and Senate Com22 mittees on Appropriations; 

23 (4) proposes to use funds directed for a specific 

24 activity for a different purpose, unless prior approval 

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1 is received from the House and Senate Committees 

2 on Appropriations; 

3 (5) augments or reduces existing programs, 

4 projects, or activities in excess of the amounts con5 tained in paragraphs (6) through (10), unless prior 

6 approval is received from the House and Senate 

7 Committees on Appropriations; 

8 (6) INVESTIGATIONS.—For a base level over 

9 $100,000, reprogramming of 25 percent of the base 

10 amount up to a limit of $150,000 per project, study 

11 or activity is allowed: Provided, That for a base level 

12 less than $100,000, the reprogramming limit is 

13 $25,000: Provided further, That up to $25,000 may 

14 be reprogrammed into any continuing study or activ15 ity that did not receive an appropriation for existing 

16 obligations and concomitant administrative expenses; 

17 (7) CONSTRUCTION.—For a base level over 

18 $2,000,000, reprogramming of 15 percent of the 

19 base amount up to a limit of $3,000,000 per project, 

20 study or activity is allowed: Provided, That for a 

21 base level less than $2,000,000, the reprogramming 

22 limit is $300,000: Provided further, That up to 

23 $3,000,000 may be reprogrammed for settled con24 tractor claims, changed conditions, or real estate de25 ficiency judgments: Provided further, That up to 

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1 $300,000 may be reprogrammed into any continuing 

2 study or activity that did not receive an appropria3 tion for existing obligations and concomitant admin4 istrative expenses; 

5 (8) OPERATION AND MAINTENANCE.—Unlim6 ited reprogramming authority is granted for the 

7 Corps to be able to respond to emergencies: Pro8 vided, That the Chief of Engineers shall notify the 

9 House and Senate Committees on Appropriations of 

10 these emergency actions as soon thereafter as prac11 ticable: Provided further, That for a base level over 

12 $1,000,000, reprogramming of 15 percent of the 

13 base amount up to a limit of $5,000,000 per project, 

14 study, or activity is allowed: Provided further, That 

15 for a base level less than $1,000,000, the re16 programming limit is $150,000: Provided further, 

17 That $150,000 may be reprogrammed into any con18 tinuing study or activity that did not receive an ap19 propriation; 

20 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

21 The reprogramming guidelines in paragraphs (6), 

22 (7), and (8) shall apply to the Investigations, Con23 struction, and Operation and Maintenance portions 

24 of the Mississippi River and Tributaries Account, re25 spectively; and 

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1 (10) FORMERLY UTILIZED SITES REMEDIAL AC2 TION PROGRAM.—Reprogramming of up to 15 per3 cent of the base of the receiving project is permitted. 

4 (b) DE MINIMUS REPROGRAMMINGS.—In no case 

5 should a reprogramming for less than $50,000 be sub6 mitted to the House and Senate Committees on Appro7 priations. 

8 (c) CONTINUING AUTHORITIES PROGRAM.—Sub9 section (a)(1) shall not apply to any project or activity 

10 funded under the continuing authorities program. 

11 (d) Not later than 60 days after the date of enact12 ment of this Act, the Secretary shall submit a report to 

13 the House and Senate Committees on Appropriations to 

14 establish the baseline for application of reprogramming 

15 and transfer authorities for the current fiscal year which 

16 shall include: 

17 (1) A table for each appropriation with a sepa18 rate column to display the President’s budget re19 quest, adjustments made by Congress, adjustments 

20 due to enacted rescissions, if applicable, and the fis21 cal year enacted level; and 

22 (2) A delineation in the table for each appro23 priation both by object class and program, project 

24 and activity as detailed in the budget appendix for 

25 the respective appropriations; and 

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1 (3) An identification of items of special congres2 sional interest. 

3 SEC. 102. The Secretary shall allocate funds made 

4 available in this Act solely in accordance with the provi5 sions of this Act and the explanatory statement described 

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

7 consolidated Act), including the determination and des8 ignation of new starts. 

9 SEC. 103. None of the funds made available in this 

10 title may be used to award or modify any contract that 

11 commits funds beyond the amounts appropriated for that 

12 program, project, or activity that remain unobligated, ex13 cept that such amounts may include any funds that have 

14 been made available through reprogramming pursuant to 

15 section 101. 

16 SEC. 104. The Secretary of the Army may transfer 

17 to the Fish and Wildlife Service, and the Fish and Wildlife 

18 Service may accept and expend, up to $5,400,000 of funds 

19 provided in this title under the heading ‘‘Operation and 

20 Maintenance’’ to mitigate for fisheries lost due to Corps 

21 of Engineers projects. 

22 SEC. 105. None of the funds in this Act shall be used 

23 for an open lake placement alternative for dredged mate24 rial, after evaluating the least costly, environmentally ac25 ceptable manner for the disposal or management of 

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1 dredged material originating from Lake Erie or tributaries 

2 thereto, unless it is approved under a State water quality 

3 certification pursuant to section 401 of the Federal Water 

4 Pollution Control Act (33 U.S.C. 1341): Provided, That 

5 until an open lake placement alternative for dredged mate6 rial is approved under a State water quality certification, 

7 the Corps of Engineers shall continue upland placement 

8 of such dredged material consistent with the requirements 

9 of section 101 of the Water Resources Development Act 

10 of 1986 (33 U.S.C. 2211). 

11 SEC. 106. None of the funds made available in this 

12 title may be used for any acquisition of buoy chain that 

13 is not consistent with 48 CFR 225.7007, subsections 

14 (a)(1) and (a)(2). 

15 SEC. 107. None of the funds made available by this 

16 Act may be used to carry out any water supply reallocation 

17 study under the Wolf Creek Dam, Lake Cumberland, Ken18 tucky, project authorized under the Act of July 24, 1946 

19 (60 Stat. 636, ch. 595). 

20 SEC. 108. None of the funds made available by this 

21 Act may be used to require a permit for the discharge 

22 of dredged or fill material under the Federal Water Pollu23 tion Control Act (33 U.S.C. 1251 et seq.) for the activities 

24 identified in subparagraphs (A) and (C) of section 

25 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

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1 SEC. 109. Relative to the Rough River Lake Flowage 

2 Easement Encroachment Resolution Plan, the Chief of 

3 Engineers shall submit to the Committees on Appropria4 tions of both Houses of Congress, not later than 180 days 

5 after the date of enactment of this Act, a report that in6 cludes an inventory of habitable structures and improve7 ments built, installed, or established in the flowage ease8 ment boundary; whether each such structure or improve9 ment in the inventory was built, installed or established 

10 within the flowage easement boundary before or after the 

11 surveys conducted by the Corps of Engineers in 2013, 

12 2014, and 2015; and what notice landowners had of the 

13 flowage easement boundary prior to those surveys. 

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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $10,500,000, to remain 

7 available until expended, of which $898,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission: Provided, That of 

11 the amount provided under this heading, $1,450,000 shall 

12 be available until September 30, 2019, for expenses nec13 essary in carrying out related responsibilities of the Sec14 retary of the Interior: Provided further, That for fiscal 

15 year 2018, of the amount made available to the Commis16 sion under this Act or any other Act, the Commission may 

17 use an amount not to exceed $1,500,000 for administra18 tive expenses. 

19 BUREAU OF RECLAMATION

20 The following appropriations shall be expended to 

21 execute authorized functions of the Bureau of Reclama22 tion: 

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1 WATER AND RELATED RESOURCES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For management, development, and restoration of 

4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in 

7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other 

9 agreements with, State and local governments, federally 

10 recognized Indian tribes, and others, $1,332,124,000, to 

11 remain available until expended, of which $67,693,000 

12 shall be available for transfer to the Upper Colorado River 

13 Basin Fund and $5,551,000 shall be available for transfer 

14 to the Lower Colorado River Basin Development Fund; 

15 of which such amounts as may be necessary may be ad16 vanced to the Colorado River Dam Fund: Provided, That 

17 such transfers may be increased or decreased within the 

18 overall appropriation under this heading: Provided further, 

19 That of the total appropriated, the amount for program 

20 activities that can be financed by the Reclamation Fund 

21 or the Bureau of Reclamation special fee account estab22 lished by 16 U.S.C. 6806 shall be derived from that Fund 

23 or account: Provided further, That funds contributed 

24 under 43 U.S.C. 395 are available until expended for the 

25 purposes for which the funds were contributed: Provided 

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1 further, That funds advanced under 43 U.S.C. 397a shall 

2 be credited to this account and are available until ex3 pended for the same purposes as the sums appropriated 

4 under this heading: Provided further, That of the amounts 

5 provided herein, funds may be used for high-priority 

6 projects which shall be carried out by the Youth Conserva7 tion Corps, as authorized by 16 U.S.C. 1706: Provided 

8 further, That in accordance with section 4009(c) of Public 

9 Law 114–322 and as recommended by the Secretary in 

10 a letter dated November 21, 2017, funding provided for 

11 such purpose in fiscal year 2017 shall be made available 

12 to the North Valley Regional Recycled Water Program, 

13 the Orange County Sanitation District Effluent Reuse Im14 plementation Project—Headworks Segregation, and the 

15 Groundwater Reliability Improvement Program (GRIP) 

16 Recycled Water Project: Provided further, That in accord17 ance with section 4007 of Public Law 114–322 and as 

18 recommended by the Secretary in a letter dated February 

19 23, 2018, funding provided for such purpose in fiscal year 

20 2017 shall be made available to the Shasta Dam and Res21 ervoir Enlargement Project, the North-of-Delta Offstream 

22 Storage Investigation/Sites Reservoir Storage Project, the 

23 Upper San Joaquin River Basin Storage Investigation, the 

24 Friant-Kern Canal Subsidence Challenges Project, the 

25 Boise River Basin Feasibility Study, the Yakima River 

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1 Basin Water Enhancement Project—Cle Elum Pool Raise, 

2 and the Upper Yakima System Storage Feasibility Study. 

3 CENTRAL VALLEY PROJECT RESTORATION FUND

4 For carrying out the programs, projects, plans, habi5 tat restoration, improvement, and acquisition provisions of 

6 the Central Valley Project Improvement Act, $41,376,000, 

7 to be derived from such sums as may be collected in the 

8 Central Valley Project Restoration Fund pursuant to sec9 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

10 102–575, to remain available until expended: Provided, 

11 That the Bureau of Reclamation is directed to assess and 

12 collect the full amount of the additional mitigation and 

13 restoration payments authorized by section 3407(d) of 

14 Public Law 102–575: Provided further, That none of the 

15 funds made available under this heading may be used for 

16 the acquisition or leasing of water for in-stream purposes 

17 if the water is already committed to in-stream purposes 

18 by a court adopted decree or order. 

19 CALIFORNIA BAY-DELTA RESTORATION

20 (INCLUDING TRANSFERS OF FUNDS)

21 For carrying out activities authorized by the Water 

22 Supply, Reliability, and Environmental Improvement Act, 

23 consistent with plans to be approved by the Secretary of 

24 the Interior, $37,000,000, to remain available until ex25 pended, of which such amounts as may be necessary to 

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1 carry out such activities may be transferred to appropriate 

2 accounts of other participating Federal agencies to carry 

3 out authorized purposes: Provided, That funds appro4 priated herein may be used for the Federal share of the 

5 costs of CALFED Program management: Provided fur6 ther, That CALFED implementation shall be carried out 

7 in a balanced manner with clear performance measures 

8 demonstrating concurrent progress in achieving the goals 

9 and objectives of the Program. 

10 POLICY AND ADMINISTRATION

11 For expenses necessary for policy, administration, 

12 and related functions in the Office of the Commissioner, 

13 the Denver office, and offices in the five regions of the 

14 Bureau of Reclamation, to remain available until Sep15 tember 30, 2019, $59,000,000, to be derived from the 

16 Reclamation Fund and be nonreimbursable as provided in 

17 43 U.S.C. 377: Provided, That no part of any other appro18 priation in this Act shall be available for activities or func19 tions budgeted as policy and administration expenses. 

20 ADMINISTRATIVE PROVISION

21 Appropriations for the Bureau of Reclamation shall 

22 be available for purchase of not to exceed five passenger 

23 motor vehicles, which are for replacement only. 

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1 GENERAL PROVISIONS—DEPARTMENT OF THE 

2 INTERIOR 

3 SEC. 201. (a) None of the funds provided in title II 

4 of this Act for Water and Related Resources, or provided 

5 by previous or subsequent appropriations Acts to the agen6 cies or entities funded in title II of this Act for Water 

7 and Related Resources that remain available for obligation 

8 or expenditure in fiscal year 2018, shall be available for 

9 obligation or expenditure through a reprogramming of 

10 funds that— 

11 (1) initiates or creates a new program, project, 

12 or activity; 

13 (2) eliminates a program, project, or activity; 

14 (3) increases funds for any program, project, or 

15 activity for which funds have been denied or re16 stricted by this Act, unless prior approval is received 

17 from the Committees on Appropriations of the 

18 House of Representatives and the Senate; 

19 (4) restarts or resumes any program, project or 

20 activity for which funds are not provided in this Act, 

21 unless prior approval is received from the Commit22 tees on Appropriations of the House of Representa23 tives and the Senate; 

24 (5) transfers funds in excess of the following 

25 limits, unless prior approval is received from the 

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1 Committees on Appropriations of the House of Rep2 resentatives and the Senate: 

3 (A) 15 percent for any program, project or 

4 activity for which $2,000,000 or more is avail5 able at the beginning of the fiscal year; or 

6 (B) $400,000 for any program, project or 

7 activity for which less than $2,000,000 is avail8 able at the beginning of the fiscal year; 

9 (6) transfers more than $500,000 from either 

10 the Facilities Operation, Maintenance, and Rehabili11 tation category or the Resources Management and 

12 Development category to any program, project, or 

13 activity in the other category, unless prior approval 

14 is received from the Committees on Appropriations 

15 of the House of Representatives and the Senate; or 

16 (7) transfers, where necessary to discharge legal 

17 obligations of the Bureau of Reclamation, more than 

18 $5,000,000 to provide adequate funds for settled 

19 contractor claims, increased contractor earnings due 

20 to accelerated rates of operations, and real estate de21 ficiency judgments, unless prior approval is received 

22 from the Committees on Appropriations of the 

23 House of Representatives and the Senate. 

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1 (b) Subsection (a)(5) shall not apply to any transfer 

2 of funds within the Facilities Operation, Maintenance, and 

3 Rehabilitation category. 

4 (c) For purposes of this section, the term transfer 

5 means any movement of funds into or out of a program, 

6 project, or activity. 

7 (d) The Bureau of Reclamation shall submit reports 

8 on a quarterly basis to the Committees on Appropriations 

9 of the House of Representatives and the Senate detailing 

10 all the funds reprogrammed between programs, projects, 

11 activities, or categories of funding. The first quarterly re12 port shall be submitted not later than 60 days after the 

13 date of enactment of this Act. 

14 SEC. 202. (a) None of the funds appropriated or oth15 erwise made available by this Act may be used to deter16 mine the final point of discharge for the interceptor drain 

17 for the San Luis Unit until development by the Secretary 

18 of the Interior and the State of California of a plan, which 

19 shall conform to the water quality standards of the State 

20 of California as approved by the Administrator of the En21 vironmental Protection Agency, to minimize any detri22 mental effect of the San Luis drainage waters. 

23 (b) The costs of the Kesterson Reservoir Cleanup 

24 Program and the costs of the San Joaquin Valley Drain25 age Program shall be classified by the Secretary of the 

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1 Interior as reimbursable or nonreimbursable and collected 

2 until fully repaid pursuant to the ‘‘Cleanup Program— 

3 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter4 native Repayment Plan’’ described in the report entitled 

5 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro6 gram and San Joaquin Valley Drainage Program, Feb7 ruary 1995’’, prepared by the Department of the Interior, 

8 Bureau of Reclamation. Any future obligations of funds 

9 by the United States relating to, or providing for, drainage 

10 service or drainage studies for the San Luis Unit shall 

11 be fully reimbursable by San Luis Unit beneficiaries of 

12 such service or studies pursuant to Federal reclamation 

13 law. 

14 SEC. 203. (a) Section 104(c) of the Reclamation 

15 States Emergency Drought Relief Act of 1991 (43 U.S.C. 

16 2214(c)) is amended by striking ‘‘2017’’ and inserting 

17 ‘‘2020’’. 

18 (b) Section 301 of the Reclamation States Emergency 

19 Drought Relief Act of 1991 (43 U.S.C. 2241) is amended 

20 by— 

21 (1) striking ‘‘2017’’ and inserting ‘‘2020’’; and 

22 (2) striking ‘‘$90,000,000’’ and inserting 

23 ‘‘$120,000,000’’. 

24 SEC. 204. Notwithstanding any other provision of 

25 law, during the period from November 1 through April 30, 

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1 water users may use their diversion structures for the pur2 pose of recharging the Eastern Snake Plain Aquifer, when 

3 the Secretary, in consultation with the Advisory Com4 mittee and Water District 1 watermaster, determines 

5 there is water available in excess of that needed to satisfy 

6 existing Minidoka Project storage and hydropower rights 

7 and ensure operational flexibility. 

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1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 ENERGY EFFICIENCY AND RENEWABLE ENERGY

5 For Department of Energy expenses including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment, and other expenses necessary for energy 

8 efficiency and renewable energy activities in carrying out 

9 the purposes of the Department of Energy Organization 

10 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion, 

13 $2,321,778,000, to remain available until expended: Pro14 vided, That of such amount, $162,500,000 shall be avail15 able until September 30, 2019, for program direction. 

16 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

17 For Department of Energy expenses including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment, and other expenses necessary for elec20 tricity delivery and energy reliability activities in carrying 

21 out the purposes of the Department of Energy Organiza22 tion Act (42 U.S.C. 7101 et seq.), including the acquisi23 tion or condemnation of any real property or any facility 

24 or for plant or facility acquisition, construction, or expan25 sion, $248,329,000, to remain available until expended: 

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1 Provided, That of such amount, $28,500,000 shall be 

2 available until September 30, 2019, for program direction. 

3 NUCLEAR ENERGY

4 For Department of Energy expenses including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment, and other expenses necessary for nuclear 

7 energy activities in carrying out the purposes of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 

9 seq.), including the acquisition or condemnation of any 

10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, $1,205,056,000, to re12 main available until expended: Provided, That of such 

13 amount, $80,000,000 shall be available until September 

14 30, 2019, for program direction. 

15 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

16 For Department of Energy expenses necessary in car17 rying out fossil energy research and development activi18 ties, under the authority of the Department of Energy Or19 ganization Act (42 U.S.C. 7101 et seq.), including the ac20 quisition of interest, including defeasible and equitable in21 terests in any real property or any facility or for plant 

22 or facility acquisition or expansion, and for conducting in23 quiries, technological investigations and research con24 cerning the extraction, processing, use, and disposal of 

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1 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

2 $726,817,000, to remain available until expended: Pro3 vided, That of such amount $60,000,000 shall be available 

4 until September 30, 2019, for program direction. 

5 NAVAL PETROLEUM AND OIL SHALE RESERVES

6 For Department of Energy expenses necessary to 

7 carry out naval petroleum and oil shale reserve activities, 

8 $4,900,000, to remain available until expended: Provided, 

9 That notwithstanding any other provision of law, unobli10 gated funds remaining from prior years shall be available 

11 for all naval petroleum and oil shale reserve activities. 

12 STRATEGIC PETROLEUM RESERVE

13 For Department of Energy expenses necessary for 

14 Strategic Petroleum Reserve facility development and op15 erations and program management activities pursuant to 

16 the Energy Policy and Conservation Act (42 U.S.C. 6201 

17 et seq.), $252,000,000, to remain available until expended: 

18 Provided, That, as authorized by section 404 of the Bipar19 tisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 

20 6239 note), the Secretary of Energy shall draw down and 

21 sell not to exceed $350,000,000 of crude oil from the Stra22 tegic Petroleum Reserve in fiscal year 2018: Provided fur23 ther, That the proceeds from such drawdown and sale shall 

24 be deposited into the ‘‘Energy Security and Infrastructure 

25 Modernization Fund’’ during fiscal year 2018: Provided 

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1 further, That such amounts shall remain available until 

2 expended for necessary expenses to carry out the Life Ex3 tension II project for the Strategic Petroleum Reserve: 

4 Provided further, That section 158 of the Continuing Ap5 propriations Act, 2018 (division D of Public Law 115– 

6 56), as amended by the Further Extension of Continuing 

7 Appropriations Act, 2018 (subdivision 3 of division B of 

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

9 SPR PETROLEUM ACCOUNT

10 For the acquisition, transportation, and injection of 

11 petroleum products, and for other necessary expenses pur12 suant to the Energy Policy and Conservation Act of 1975, 

13 as amended (42 U.S.C. 6201 et seq.), sections 403 and 

14 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 

15 6241, 6239 note), and section 5010 of the 21st Century 

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

17 available until expended. 

18 NORTHEAST HOME HEATING OIL RESERVE

19 For Department of Energy expenses necessary for 

20 Northeast Home Heating Oil Reserve storage, operation, 

21 and management activities pursuant to the Energy Policy 

22 and Conservation Act (42 U.S.C. 6201 et seq.), 

23 $6,500,000, to remain available until expended. 

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1 ENERGY INFORMATION ADMINISTRATION

2 For Department of Energy expenses necessary in car3 rying out the activities of the Energy Information Admin4 istration, $125,000,000, to remain available until ex5 pended. 

6 NON-DEFENSE ENVIRONMENTAL CLEANUP

7 For Department of Energy expenses, including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment and other expenses necessary for non-de10 fense environmental cleanup activities in carrying out the 

11 purposes of the Department of Energy Organization Act 

12 (42 U.S.C. 7101 et seq.), including the acquisition or con13 demnation of any real property or any facility or for plant 

14 or facility acquisition, construction, or expansion, 

15 $298,400,000, to remain available until expended. 

16 URANIUM ENRICHMENT DECONTAMINATION AND

17 DECOMMISSIONING FUND

18 For Department of Energy expenses necessary in car19 rying out uranium enrichment facility decontamination 

20 and decommissioning, remedial actions, and other activi21 ties of title II of the Atomic Energy Act of 1954, and 

22 title X, subtitle A, of the Energy Policy Act of 1992, 

23 $840,000,000, to be derived from the Uranium Enrich24 ment Decontamination and Decommissioning Fund, to re25 main available until expended, of which $35,732,000 shall 

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1 be available in accordance with title X, subtitle A, of the 

2 Energy Policy Act of 1992. 

3 SCIENCE

4 For Department of Energy expenses including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment, and other expenses necessary for science 

7 activities in carrying out the purposes of the Department 

8 of Energy Organization Act (42 U.S.C. 7101 et seq.), in9 cluding the acquisition or condemnation of any real prop10 erty or facility or for plant or facility acquisition, construc11 tion, or expansion, and purchase of not more than 16 pas12 senger motor vehicles for replacement only, including one 

13 ambulance and one bus, $6,259,903,000, to remain avail14 able until expended: Provided, That of such amount, 

15 $183,000,000 shall be available until September 30, 2019, 

16 for program direction. 

17 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

18 For Department of Energy expenses necessary in car19 rying out the activities authorized by section 5012 of the 

20 America COMPETES Act (Public Law 110–69), 

21 $353,314,000, to remain available until expended: Pro22 vided, That of such amount, $29,250,000 shall be avail23 able until September 30, 2019, for program direction. 

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1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

2 PROGRAM

3 Such sums as are derived from amounts received 

4 from borrowers pursuant to section 1702(b) of the Energy 

5 Policy Act of 2005 under this heading in prior Acts, shall 

6 be collected in accordance with section 502(7) of the Con7 gressional Budget Act of 1974: Provided, That for nec8 essary administrative expenses to carry out this Loan 

9 Guarantee program, $33,000,000 is appropriated from 

10 fees collected in prior years pursuant to section 1702(h) 

11 of the Energy Policy Act of 2005 which are not otherwise 

12 appropriated, to remain available until September 30, 

13 2019: Provided further, That if the amount in the previous 

14 proviso is not available from such fees, an amount for such 

15 purposes is also appropriated from the general fund so as 

16 to result in a total amount appropriated for such purpose 

17 of no more than $23,000,000: Provided further, That fees 

18 collected pursuant to such section 1702(h) for fiscal year 

19 2018 shall be credited as offsetting collections under this 

20 heading and shall not be available until appropriated: Pro21 vided further, That the Department of Energy shall not 

22 subordinate any loan obligation to other financing in viola23 tion of section 1702 of the Energy Policy Act of 2005 or 

24 subordinate any Guaranteed Obligation to any loan or 

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1 other debt obligations in violation of section 609.10 of title 

2 10, Code of Federal Regulations. 

3 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

4 LOAN PROGRAM

5 For Department of Energy administrative expenses 

6 necessary in carrying out the Advanced Technology Vehi7 cles Manufacturing Loan Program, $5,000,000, to remain 

8 available until September 30, 2019. 

9 TRIBAL ENERGY LOAN GUARANTEE PROGRAM

10 For Department of Energy administrative expenses 

11 necessary in carrying out the Tribal Energy Loan Guar12 antee Program, $1,000,000, to remain available until Sep13 tember 30, 2019. 

14 DEPARTMENTAL ADMINISTRATION

15 For salaries and expenses of the Department of En16 ergy necessary for departmental administration in car17 rying out the purposes of the Department of Energy Orga18 nization Act (42 U.S.C. 7101 et seq.), $285,652,000, to 

19 remain available until September 30, 2019, including the 

20 hire of passenger motor vehicles and official reception and 

21 representation expenses not to exceed $30,000, plus such 

22 additional amounts as necessary to cover increases in the 

23 estimated amount of cost of work for others notwith24 standing the provisions of the Anti-Deficiency Act (31 

25 U.S.C. 1511 et seq.): Provided, That such increases in 

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1 cost of work are offset by revenue increases of the same 

2 or greater amount: Provided further, That moneys received 

3 by the Department for miscellaneous revenues estimated 

4 to total $96,000,000 in fiscal year 2018 may be retained 

5 and used for operating expenses within this account, as 

6 authorized by section 201 of Public Law 95–238, notwith7 standing the provisions of 31 U.S.C. 3302: Provided fur8 ther, That the sum herein appropriated shall be reduced 

9 as collections are received during the fiscal year so as to 

10 result in a final fiscal year 2018 appropriation from the 

11 general fund estimated at not more than $189,652,000. 

12 OFFICE OF THE INSPECTOR GENERAL

13 For expenses necessary for the Office of the Inspector 

14 General in carrying out the provisions of the Inspector 

15 General Act of 1978, $49,000,000, to remain available 

16 until September 30, 2019. 

17 ATOMIC ENERGY DEFENSE ACTIVITIES 

18 NATIONAL NUCLEAR SECURITY 

19 ADMINISTRATION 

20 WEAPONS ACTIVITIES

21 For Department of Energy expenses, including the 

22 purchase, construction, and acquisition of plant and cap23 ital equipment and other incidental expenses necessary for 

24 atomic energy defense weapons activities in carrying out 

25 the purposes of the Department of Energy Organization 

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1 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

2 condemnation of any real property or any facility or for 

3 plant or facility acquisition, construction, or expansion, 

4 $10,642,138,000, to remain available until expended: Pro5 vided, That of such amount, $105,600,000 shall be avail6 able until September 30, 2019, for program direction. 

7 DEFENSE NUCLEAR NONPROLIFERATION

8 (INCLUDING RESCISSION OF FUNDS)

9 For Department of Energy expenses, including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment and other incidental expenses necessary for 

12 defense nuclear nonproliferation activities, in carrying out 

13 the purposes of the Department of Energy Organization 

14 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

15 condemnation of any real property or any facility or for 

16 plant or facility acquisition, construction, or expansion, 

17 $2,048,219,000, to remain available until expended: Pro18 vided, That of the unobligated balances from prior year 

19 appropriations available under this heading, $49,000,000 

20 is hereby rescinded: Provided further, That no amounts 

21 may be rescinded from amounts that were designated by 

22 the Congress as an emergency requirement pursuant to 

23 a concurrent resolution on the budget or the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 

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1 NAVAL REACTORS

2 (INCLUDING TRANSFER OF FUNDS)

3 For Department of Energy expenses necessary for 

4 naval reactors activities to carry out the Department of 

5 Energy Organization Act (42 U.S.C. 7101 et seq.), includ6 ing the acquisition (by purchase, condemnation, construc7 tion, or otherwise) of real property, plant, and capital 

8 equipment, facilities, and facility expansion, 

9 $1,620,000,000, to remain available until expended, of 

10 which, $85,500,000 shall be transferred to ‘‘Department 

11 of Energy—Energy Programs—Nuclear Energy’’, for the 

12 Advanced Test Reactor: Provided, That of such amount, 

13 $47,651,000 shall be available until September 30, 2019, 

14 for program direction. 

15 FEDERAL SALARIES AND EXPENSES

16 For expenses necessary for Federal Salaries and Ex17 penses in the National Nuclear Security Administration, 

18 $407,595,000, to remain available until September 30, 

19 2019, including official reception and representation ex20 penses not to exceed $12,000. 

21 ENVIRONMENTAL AND OTHER DEFENSE 

22 ACTIVITIES 

23 DEFENSE ENVIRONMENTAL CLEANUP

24 For Department of Energy expenses, including the 

25 purchase, construction, and acquisition of plant and capMarch 21, 2018 (6:08 p.m.)
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1 ital equipment and other expenses necessary for atomic 

2 energy defense environmental cleanup activities in car3 rying out the purposes of the Department of Energy Orga4 nization Act (42 U.S.C. 7101 et seq.), including the acqui5 sition or condemnation of any real property or any facility 

6 or for plant or facility acquisition, construction, or expan7 sion, $5,988,048,000, to remain available until expended: 

8 Provided, That of such amount, $300,000,000 shall be 

9 available until September 30, 2019, for program direction. 

10 OTHER DEFENSE ACTIVITIES

11 For Department of Energy expenses, including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment and other expenses, necessary for atomic 

14 energy defense, other defense activities, and classified ac15 tivities, in carrying out the purposes of the Department 

16 of Energy Organization Act (42 U.S.C. 7101 et seq.), in17 cluding the acquisition or condemnation of any real prop18 erty or any facility or for plant or facility acquisition, con19 struction, or expansion, $840,000,000, to remain available 

20 until expended: Provided, That of such amount, 

21 $284,653,000 shall be available until September 30, 2019, 

22 for program direction. 

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1 POWER MARKETING ADMINISTRATIONS 

2 BONNEVILLE POWER ADMINISTRATION FUND

3 Expenditures from the Bonneville Power Administra4 tion Fund, established pursuant to Public Law 93–454, 

5 are approved for official reception and representation ex6 penses in an amount not to exceed $5,000: Provided, That 

7 during fiscal year 2018, no new direct loan obligations 

8 may be made. 

9 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

10 ADMINISTRATION

11 For expenses necessary for operation and mainte12 nance of power transmission facilities and for marketing 

13 electric power and energy, including transmission wheeling 

14 and ancillary services, pursuant to section 5 of the Flood 

15 Control Act of 1944 (16 U.S.C. 825s), as applied to the 

16 southeastern power area, $6,379,000, including official re17 ception and representation expenses in an amount not to 

18 exceed $1,500, to remain available until expended: Pro19 vided, That notwithstanding 31 U.S.C. 3302 and section 

20 5 of the Flood Control Act of 1944, up to $6,379,000 col21 lected by the Southeastern Power Administration from the 

22 sale of power and related services shall be credited to this 

23 account as discretionary offsetting collections, to remain 

24 available until expended for the sole purpose of funding 

25 the annual expenses of the Southeastern Power AdminisMarch 21, 2018 (6:08 p.m.)
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1 tration: Provided further, That the sum herein appro2 priated for annual expenses shall be reduced as collections 

3 are received during the fiscal year so as to result in a final 

4 fiscal year 2018 appropriation estimated at not more than 

5 $0: Provided further, That notwithstanding 31 U.S.C. 

6 3302, up to $51,000,000 collected by the Southeastern 

7 Power Administration pursuant to the Flood Control Act 

8 of 1944 to recover purchase power and wheeling expenses 

9 shall be credited to this account as offsetting collections, 

10 to remain available until expended for the sole purpose 

11 of making purchase power and wheeling expenditures: 

12 Provided further, That for purposes of this appropriation, 

13 annual expenses means expenditures that are generally re14 covered in the same year that they are incurred (excluding 

15 purchase power and wheeling expenses). 

16 OPERATION AND MAINTENANCE, SOUTHWESTERN

17 POWER ADMINISTRATION

18 For expenses necessary for operation and mainte19 nance of power transmission facilities and for marketing 

20 electric power and energy, for construction and acquisition 

21 of transmission lines, substations and appurtenant facili22 ties, and for administrative expenses, including official re23 ception and representation expenses in an amount not to 

24 exceed $1,500 in carrying out section 5 of the Flood Con25 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

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1 Southwestern Power Administration, $30,288,000, to re2 main available until expended: Provided, That notwith3 standing 31 U.S.C. 3302 and section 5 of the Flood Con4 trol Act of 1944 (16 U.S.C. 825s), up to $18,888,000 col5 lected by the Southwestern Power Administration from 

6 the sale of power and related services shall be credited to 

7 this account as discretionary offsetting collections, to re8 main available until expended, for the sole purpose of 

9 funding the annual expenses of the Southwestern Power 

10 Administration: Provided further, That the sum herein ap11 propriated for annual expenses shall be reduced as collec12 tions are received during the fiscal year so as to result 

13 in a final fiscal year 2018 appropriation estimated at not 

14 more than $11,400,000: Provided further, That notwith15 standing 31 U.S.C. 3302, up to $40,000,000 collected by 

16 the Southwestern Power Administration pursuant to the 

17 Flood Control Act of 1944 to recover purchase power and 

18 wheeling expenses shall be credited to this account as off19 setting collections, to remain available until expended for 

20 the sole purpose of making purchase power and wheeling 

21 expenditures: Provided further, That for purposes of this 

22 appropriation, annual expenses means expenditures that 

23 are generally recovered in the same year that they are in24 curred (excluding purchase power and wheeling expenses). 

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1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 For carrying out the functions authorized by title III, 

5 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

6 U.S.C. 7152), and other related activities including con7 servation and renewable resources programs as author8 ized, $223,276,000, including official reception and rep9 resentation expenses in an amount not to exceed $1,500, 

10 to remain available until expended, of which $221,251,000 

11 shall be derived from the Department of the Interior Rec12 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

13 3302, section 5 of the Flood Control Act of 1944 (16 

14 U.S.C. 825s), and section 1 of the Interior Department 

15 Appropriation Act, 1939 (43 U.S.C. 392a), up to 

16 $129,904,000 collected by the Western Area Power Ad17 ministration from the sale of power and related services 

18 shall be credited to this account as discretionary offsetting 

19 collections, to remain available until expended, for the sole 

20 purpose of funding the annual expenses of the Western 

21 Area Power Administration: Provided further, That the 

22 sum herein appropriated for annual expenses shall be re23 duced as collections are received during the fiscal year so 

24 as to result in a final fiscal year 2018 appropriation esti25 mated at not more than $93,372,000, of which 

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1 $91,347,000 is derived from the Reclamation Fund: Pro2 vided further, That notwithstanding 31 U.S.C. 3302, up 

3 to $209,000,000 collected by the Western Area Power Ad4 ministration pursuant to the Flood Control Act of 1944 

5 and the Reclamation Project Act of 1939 to recover pur6 chase power and wheeling expenses shall be credited to 

7 this account as offsetting collections, to remain available 

8 until expended for the sole purpose of making purchase 

9 power and wheeling expenditures: Provided further, That 

10 for purposes of this appropriation, annual expenses means 

11 expenditures that are generally recovered in the same year 

12 that they are incurred (excluding purchase power and 

13 wheeling expenses). 

14 FALCON AND AMISTAD OPERATING AND MAINTENANCE

15 FUND

16 For operation, maintenance, and emergency costs for 

17 the hydroelectric facilities at the Falcon and Amistad 

18 Dams, $4,176,000, to remain available until expended, 

19 and to be derived from the Falcon and Amistad Operating 

20 and Maintenance Fund of the Western Area Power Ad21 ministration, as provided in section 2 of the Act of June 

22 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

23 the provisions of that Act and of 31 U.S.C. 3302, up to 

24 $3,948,000 collected by the Western Area Power Adminis25 tration from the sale of power and related services from 

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1 the Falcon and Amistad Dams shall be credited to this 

2 account as discretionary offsetting collections, to remain 

3 available until expended for the sole purpose of funding 

4 the annual expenses of the hydroelectric facilities of these 

5 Dams and associated Western Area Power Administration 

6 activities: Provided further, That the sum herein appro7 priated for annual expenses shall be reduced as collections 

8 are received during the fiscal year so as to result in a final 

9 fiscal year 2018 appropriation estimated at not more than 

10 $228,000: Provided further, That for purposes of this ap11 propriation, annual expenses means expenditures that are 

12 generally recovered in the same year that they are in13 curred: Provided further, That for fiscal year 2018, the 

14 Administrator of the Western Area Power Administration 

15 may accept up to $872,000 in funds contributed by United 

16 States power customers of the Falcon and Amistad Dams 

17 for deposit into the Falcon and Amistad Operating and 

18 Maintenance Fund, and such funds shall be available for 

19 the purpose for which contributed in like manner as if said 

20 sums had been specifically appropriated for such purpose: 

21 Provided further, That any such funds shall be available 

22 without further appropriation and without fiscal year limi23 tation for use by the Commissioner of the United States 

24 Section of the International Boundary and Water Com25 mission for the sole purpose of operating, maintaining, reMarch 21, 2018 (6:08 p.m.)
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1 pairing, rehabilitating, replacing, or upgrading the hydro2 electric facilities at these Dams in accordance with agree3 ments reached between the Administrator, Commissioner, 

4 and the power customers. 

5 FEDERAL ENERGY REGULATORY COMMISSION

6 SALARIES AND EXPENSES

7 For expenses necessary for the Federal Energy Regu8 latory Commission to carry out the provisions of the De9 partment of Energy Organization Act (42 U.S.C. 7101 et 

10 seq.), including services as authorized by 5 U.S.C. 3109, 

11 official reception and representation expenses not to ex12 ceed $3,000, and the hire of passenger motor vehicles, 

13 $367,600,000, to remain available until expended: Pro14 vided, That notwithstanding any other provision of law, 

15 not to exceed $367,600,000 of revenues from fees and an16 nual charges, and other services and collections in fiscal 

17 year 2018 shall be retained and used for expenses nec18 essary in this account, and shall remain available until ex19 pended: Provided further, That the sum herein appro20 priated from the general fund shall be reduced as revenues 

21 are received during fiscal year 2018 so as to result in a 

22 final fiscal year 2018 appropriation from the general fund 

23 estimated at not more than $0. 

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1 GENERAL PROVISIONS—DEPARTMENT OF 

2 ENERGY 

3 (INCLUDING TRANSFERS OF FUNDS)

4 SEC. 301. (a) No appropriation, funds, or authority 

5 made available by this title for the Department of Energy 

6 shall be used to initiate or resume any program, project, 

7 or activity or to prepare or initiate Requests For Proposals 

8 or similar arrangements (including Requests for 

9 Quotations, Requests for Information, and Funding Op10 portunity Announcements) for a program, project, or ac11 tivity if the program, project, or activity has not been 

12 funded by Congress. 

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

14 Committees on Appropriations of both Houses of Congress 

15 at least 3 full business days in advance, none of the funds 

16 made available in this title may be used to— 

17 (A) make a grant allocation or discretionary 

18 grant award totaling $1,000,000 or more; 

19 (B) make a discretionary contract award or 

20 Other Transaction Agreement totaling $1,000,000 

21 or more, including a contract covered by the Federal 

22 Acquisition Regulation; 

23 (C) issue a letter of intent to make an alloca24 tion, award, or Agreement in excess of the limits in 

25 subparagraph (A) or (B); or 

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1 (D) announce publicly the intention to make an 

2 allocation, award, or Agreement in excess of the lim3 its in subparagraph (A) or (B). 

4 (2) The Secretary of Energy shall submit to the Com5 mittees on Appropriations of both Houses of Congress 

6 within 15 days of the conclusion of each quarter a report 

7 detailing each grant allocation or discretionary grant 

8 award totaling less than $1,000,000 provided during the 

9 previous quarter. 

10 (3) The notification required by paragraph (1) and 

11 the report required by paragraph (2) shall include the re12 cipient of the award, the amount of the award, the fiscal 

13 year for which the funds for the award were appropriated, 

14 the account and program, project, or activity from which 

15 the funds are being drawn, the title of the award, and 

16 a brief description of the activity for which the award is 

17 made. 

18 (c) The Department of Energy may not, with respect 

19 to any program, project, or activity that uses budget au20 thority made available in this title under the heading ‘‘De21 partment of Energy—Energy Programs’’, enter into a 

22 multiyear contract, award a multiyear grant, or enter into 

23 a multiyear cooperative agreement unless— 

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1 (1) the contract, grant, or cooperative agree2 ment is funded for the full period of performance as 

3 anticipated at the time of award; or 

4 (2) the contract, grant, or cooperative agree5 ment includes a clause conditioning the Federal Gov6 ernment’s obligation on the availability of future 

7 year budget authority and the Secretary notifies the 

8 Committees on Appropriations of both Houses of 

9 Congress at least 3 days in advance. 

10 (d) Except as provided in subsections (e), (f), and (g), 

11 the amounts made available by this title shall be expended 

12 as authorized by law for the programs, projects, and ac13 tivities specified in the ‘‘Final Bill’’ column in the ‘‘De14 partment of Energy’’ table included under the heading 

15 ‘‘Title III—Department of Energy’’ in the explanatory 

16 statement described in section 4 (in the matter preceding 

17 division A of this consolidated Act). 

18 (e) The amounts made available by this title may be 

19 reprogrammed for any program, project, or activity, and 

20 the Department shall notify the Committees on Appropria21 tions of both Houses of Congress at least 30 days prior 

22 to the use of any proposed reprogramming that would 

23 cause any program, project, or activity funding level to 

24 increase or decrease by more than $5,000,000 or 10 perMarch 21, 2018 (6:08 p.m.)
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1 cent, whichever is less, during the time period covered by 

2 this Act. 

3 (f) None of the funds provided in this title shall be 

4 available for obligation or expenditure through a re5 programming of funds that— 

6 (1) creates, initiates, or eliminates a program, 

7 project, or activity; 

8 (2) increases funds or personnel for any pro9 gram, project, or activity for which funds are denied 

10 or restricted by this Act; or 

11 (3) reduces funds that are directed to be used 

12 for a specific program, project, or activity by this 

13 Act. 

14 (g)(1) The Secretary of Energy may waive any re15 quirement or restriction in this section that applies to the 

16 use of funds made available for the Department of Energy 

17 if compliance with such requirement or restriction would 

18 pose a substantial risk to human health, the environment, 

19 welfare, or national security. 

20 (2) The Secretary of Energy shall notify the Commit21 tees on Appropriations of both Houses of Congress of any 

22 waiver under paragraph (1) as soon as practicable, but 

23 not later than 3 days after the date of the activity to which 

24 a requirement or restriction would otherwise have applied. 

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1 Such notice shall include an explanation of the substantial 

2 risk under paragraph (1) that permitted such waiver. 

3 (h) The unexpended balances of prior appropriations 

4 provided for activities in this Act may be available to the 

5 same appropriation accounts for such activities established 

6 pursuant to this title. Available balances may be merged 

7 with funds in the applicable established accounts and 

8 thereafter may be accounted for as one fund for the same 

9 time period as originally enacted. 

10 SEC. 302. Funds appropriated by this or any other 

11 Act, or made available by the transfer of funds in this 

12 Act, for intelligence activities are deemed to be specifically 

13 authorized by the Congress for purposes of section 504 

14 of the National Security Act of 1947 (50 U.S.C. 3094) 

15 during fiscal year 2018 until the enactment of the Intel16 ligence Authorization Act for fiscal year 2018. 

17 SEC. 303. None of the funds made available in this 

18 title shall be used for the construction of facilities classi19 fied as high-hazard nuclear facilities under 10 CFR Part 

20 830 unless independent oversight is conducted by the Of21 fice of Enterprise Assessments to ensure the project is in 

22 compliance with nuclear safety requirements. 

23 SEC. 304. None of the funds made available in this 

24 title may be used to approve critical decision-2 or critical 

25 decision-3 under Department of Energy Order 413.3B, or 

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1 any successive departmental guidance, for construction 

2 projects where the total project cost exceeds 

3 $100,000,000, until a separate independent cost estimate 

4 has been developed for the project for that critical deci5 sion. 

6 SEC. 305. (a) None of the funds made available in 

7 this or any prior Act under the heading ‘‘Defense Nuclear 

8 Nonproliferation’’ may be made available to enter into new 

9 contracts with, or new agreements for Federal assistance 

10 to, the Russian Federation. 

11 (b) The Secretary of Energy may waive the prohibi12 tion in subsection (a) if the Secretary determines that 

13 such activity is in the national security interests of the 

14 United States. This waiver authority may not be dele15 gated. 

16 (c) A waiver under subsection (b) shall not be effec17 tive until 15 days after the date on which the Secretary 

18 submits to the Committees on Appropriations of both 

19 Houses of Congress, in classified form if necessary, a re20 port on the justification for the waiver. 

21 SEC. 306. (a) NEW REGIONAL RESERVES.—The Sec22 retary of Energy may not establish any new regional pe23 troleum product reserve unless funding for the proposed 

24 regional petroleum product reserve is explicitly requested 

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1 in advance in an annual budget submission and approved 

2 by the Congress in an appropriations Act. 

3 (b) The budget request or notification shall include— 

4 (1) the justification for the new reserve; 

5 (2) a cost estimate for the establishment, oper6 ation, and maintenance of the reserve, including 

7 funding sources; 

8 (3) a detailed plan for operation of the reserve, 

9 including the conditions upon which the products 

10 may be released; 

11 (4) the location of the reserve; and 

12 (5) the estimate of the total inventory of the re13 serve. 

14 SEC. 307. The Secretary of Energy may not transfer 

15 more than $274,833,000 from the amounts made available 

16 under this title to the working capital fund established 

17 under section 653 of the Department of Energy Organiza18 tion Act (42 U.S.C. 7263): Provided, That the Secretary 

19 may transfer additional amounts to the working capital 

20 fund after the Secretary provides notification in advance 

21 of any such transfer to the Committees on Appropriations 

22 of both Houses of Congress: Provided further, That any 

23 such notification shall identify the sources of funds by pro24 gram, project, or activity: Provided further, That the Sec25 retary shall notify the Committees on Appropriations of 

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1 both Houses of Congress before adding or removing any 

2 activities from the fund. 

3 SEC. 308. Not later than 90 days after the date of 

4 enactment of this Act, the Secretary of the Department 

5 of Energy, in consultation with the Office of Management 

6 and Budget, shall submit to the Committees on Appropria7 tions of both Houses of Congress a report that provides 

8 a detailed explanation, using specific receipts data and 

9 legal authorities, of how each of the Western Area Power 

10 Administration, the Southwestern Power Administration, 

11 and the Southeastern Power Administration are executing 

12 current receipt authority provided in this and prior year 

13 appropriations Acts to create carryover of unobligated bal14 ances for purchase power and wheeling expenditures. 

15 SEC. 309. (a) Funds provided by this Act for Project 

16 99–D–143, Mixed Oxide Fuel Fabrication Facility, and 

17 any funds provided by prior Acts for such Project that 

18 remain unobligated, may be made available only for con19 struction and project support activities for such Project. 

20 (b) The Secretary of Energy shall not be subject to 

21 the requirements of subsection (a) if the Secretary waives 

22 the requirements of section 3121(a) of the National De23 fense Authorization Act for Fiscal Year 2018 (Public Law 

24 115–91) in accordance with subsection (b) of such section. 

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1 (c) If the Secretary waives the requirements of sec2 tion 3121(a) of the National Defense Authorization Act 

3 for Fiscal Year 2018, the Secretary— 

4 (1) shall concurrently submit to the Committees 

5 on Appropriations of both Houses of Congress the 

6 lifecycle cost estimate used to make the certification 

7 under section 3121(b) of such Act; and 

8 (2) may not use funds provided for the Project 

9 to eliminate such Project until the date that is 30 

10 days after the submission of the lifecycle cost esti11 mate required under paragraph (1). 

12 SEC. 310. The unappropriated receipts currently in 

13 the Uranium Supply and Enrichment Activities account 

14 shall be transferred to and merged with the Uranium En15 richment Decontamination and Decommissioning Fund 

16 and shall be available only to the extent provided in ad17 vance in appropriations Acts. 

18 SEC. 311. Notwithstanding section 161 of the Energy 

19 Policy and Conservation Act (42 U.S.C. 6241), upon a 

20 determination by the President in this fiscal year that a 

21 regional supply shortage of refined petroleum product of 

22 significant scope and duration exists, that a severe in23 crease in the price of refined petroleum product will likely 

24 result from such shortage, and that a draw down and sale 

25 of refined petroleum product would assist directly and sigMarch 21, 2018 (6:08 p.m.)
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1 nificantly in reducing the adverse impact of such shortage, 

2 the Secretary of Energy may draw down and sell refined 

3 petroleum product from the Strategic Petroleum Reserve. 

4 Proceeds from a sale under this section shall be deposited 

5 into the SPR Petroleum Account established in section 

6 167 of the Energy Policy and Conservation Act (42 U.S.C. 

7 6247), and such amounts shall be available for obligation, 

8 without fiscal year limitation, consistent with that section. 

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1 TITLE IV 

2 INDEPENDENT AGENCIES 

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs au5 thorized by the Appalachian Regional Development Act of 

6 1965, and for expenses necessary for the Federal Co7 Chairman and the Alternate on the Appalachian Regional 

8 Commission, for payment of the Federal share of the ad9 ministrative expenses of the Commission, including serv10 ices as authorized by 5 U.S.C. 3109, and hire of passenger 

11 motor vehicles, $155,000,000, to remain available until ex12 pended. 

13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

14 SALARIES AND EXPENSES

15 For expenses necessary for the Defense Nuclear Fa16 cilities Safety Board in carrying out activities authorized 

17 by the Atomic Energy Act of 1954, as amended by Public 

18 Law 100–456, section 1441, $31,000,000, to remain 

19 available until September 30, 2019. 

20 DELTA REGIONAL AUTHORITY

21 SALARIES AND EXPENSES

22 For expenses necessary for the Delta Regional Au23 thority and to carry out its activities, as authorized by 

24 the Delta Regional Authority Act of 2000, notwithMarch 21, 2018 (6:08 p.m.)
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1 standing sections 382F(d), 382M, and 382N of said Act, 

2 $25,000,000, to remain available until expended. 

3 DENALI COMMISSION

4 For expenses necessary for the Denali Commission 

5 including the purchase, construction, and acquisition of 

6 plant and capital equipment as necessary and other ex7 penses, $30,000,000, to remain available until expended, 

8 notwithstanding the limitations contained in section 

9 306(g) of the Denali Commission Act of 1998: Provided, 

10 That funds shall be available for construction projects in 

11 an amount not to exceed 80 percent of total project cost 

12 for distressed communities, as defined by section 307 of 

13 the Denali Commission Act of 1998 (division C, title III, 

14 Public Law 105–277), as amended by section 701 of ap15 pendix D, title VII, Public Law 106–113 (113 Stat. 

16 1501A–280), and an amount not to exceed 50 percent for 

17 non-distressed communities: Provided further, That not18 withstanding any other provision of law regarding pay19 ment of a non-Federal share in connection with a grant20 in-aid program, amounts under this heading shall be avail21 able for the payment of such a non-Federal share for pro22 grams undertaken to carry out the purposes of the Com23 mission. 

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1 NORTHERN BORDER REGIONAL COMMISSION

2 For expenses necessary for the Northern Border Re3 gional Commission in carrying out activities authorized by 

4 subtitle V of title 40, United States Code, $15,000,000, 

5 to remain available until expended: Provided, That such 

6 amounts shall be available for administrative expenses, 

7 notwithstanding section 15751(b) of title 40, United 

8 States Code: Provided further, That during fiscal year 

9 2018, the duties and authority of the Federal Cochair10 person shall be assumed by the Northern Border Regional 

11 Commission Program Director if the position of the Fed12 eral Cochairperson and Alternate Federal Cochairperson 

13 is vacant. 

14 SOUTHEAST CRESCENT REGIONAL COMMISSION

15 For expenses necessary for the Southeast Crescent 

16 Regional Commission in carrying out activities authorized 

17 by subtitle V of title 40, United States Code, $250,000, 

18 to remain available until expended. 

19 NUCLEAR REGULATORY COMMISSION

20 SALARIES AND EXPENSES

21 (INCLUDING RESCISSION OF FUNDS)

22 For expenses necessary for the Commission in car23 rying out the purposes of the Energy Reorganization Act 

24 of 1974 and the Atomic Energy Act of 1954, 

25 $909,137,000, including official representation expenses 

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1 not to exceed $25,000, to remain available until expended: 

2 Provided, That of the amount appropriated herein, not 

3 more than $9,500,000 may be made available for salaries, 

4 travel, and other support costs for the Office of the Com5 mission, to remain available until September 30, 2019, of 

6 which, notwithstanding section 201(a)(2)(c) of the Energy 

7 Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), 

8 the use and expenditure shall only be approved by a major9 ity vote of the Commission: Provided further, That reve10 nues from licensing fees, inspection services, and other 

11 services and collections estimated at $779,768,032 in fis12 cal year 2018 shall be retained and used for necessary 

13 salaries and expenses in this account, notwithstanding 31 

14 U.S.C. 3302, and shall remain available until expended: 

15 Provided further, That of the amounts appropriated under 

16 this heading, not less than $10,000,000 shall be for activi17 ties related to the development of regulatory infrastruc18 ture for advanced nuclear technologies, and $16,200,000 

19 shall be for international activities, except that the 

20 amounts provided under this proviso shall not be derived 

21 from fee revenues, notwithstanding 42 U.S.C. 2214: Pro22 vided further, That the sum herein appropriated shall be 

23 reduced by the amount of revenues received during fiscal 

24 year 2018 so as to result in a final fiscal year 2018 appro25 priation estimated at not more than $129,300,892: ProMarch 21, 2018 (6:08 p.m.)
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1 vided further, That of the amounts appropriated under 

2 this heading, $10,000,000 shall be for university research 

3 and development in areas relevant to the Commission’s 

4 mission, and $5,000,000 shall be for a Nuclear Science 

5 and Engineering Grant Program that will support 

6 multiyear projects that do not align with programmatic 

7 missions but are critical to maintaining the discipline of 

8 nuclear science and engineering: Provided further, That 

9 $68,076.04 of unobligated balances from the funds trans10 ferred to the Nuclear Regulatory Commission from the 

11 United States Agency for International Development pur12 suant to section 632(a) of the Foreign Assistance Act of 

13 1961 are rescinded: Provided further, That no amounts 

14 may be rescinded from amounts that were designated by 

15 the Congress as an emergency requirement pursuant to 

16 a concurrent resolution on the budget or the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

21 General Act of 1978, $12,859,000, to remain available 

22 until September 30, 2019: Provided, That revenues from 

23 licensing fees, inspection services, and other services and 

24 collections estimated at $10,555,000 in fiscal year 2018 

25 shall be retained and be available until September 30, 

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1 2019, for necessary salaries and expenses in this account, 

2 notwithstanding section 3302 of title 31, United States 

3 Code: Provided further, That the sum herein appropriated 

4 shall be reduced by the amount of revenues received dur5 ing fiscal year 2018 so as to result in a final fiscal year 

6 2018 appropriation estimated at not more than 

7 $2,304,000: Provided further, That of the amounts appro8 priated under this heading, $1,131,000 shall be for In9 spector General services for the Defense Nuclear Facilities 

10 Safety Board, which shall not be available from fee reve11 nues. 

12 NUCLEAR WASTE TECHNICAL REVIEW BOARD

13 SALARIES AND EXPENSES

14 For expenses necessary for the Nuclear Waste Tech15 nical Review Board, as authorized by Public Law 100– 

16 203, section 5051, $3,600,000, to be derived from the Nu17 clear Waste Fund, to remain available until September 30, 

18 2019. 

19 GENERAL PROVISIONS—INDEPENDENT 

20 AGENCIES 

21 SEC. 401. The Nuclear Regulatory Commission shall 

22 comply with the July 5, 2011, version of Chapter VI of 

23 its Internal Commission Procedures when responding to 

24 Congressional requests for information. 

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1 SEC. 402. (a) The amounts made available by this 

2 title for the Nuclear Regulatory Commission may be re3 programmed for any program, project, or activity, and the 

4 Commission shall notify the Committees on Appropria5 tions of both Houses of Congress at least 30 days prior 

6 to the use of any proposed reprogramming that would 

7 cause any program funding level to increase or decrease 

8 by more than $500,000 or 10 percent, whichever is less, 

9 during the time period covered by this Act. 

10 (b)(1) The Nuclear Regulatory Commission may 

11 waive the notification requirement in subsection (a) if 

12 compliance with such requirement would pose a substan13 tial risk to human health, the environment, welfare, or na14 tional security. 

15 (2) The Nuclear Regulatory Commission shall notify 

16 the Committees on Appropriations of both Houses of Con17 gress of any waiver under paragraph (1) as soon as prac18 ticable, but not later than 3 days after the date of the 

19 activity to which a requirement or restriction would other20 wise have applied. Such notice shall include an explanation 

21 of the substantial risk under paragraph (1) that permitted 

22 such waiver and shall provide a detailed report to the 

23 Committees of such waiver and changes to funding levels 

24 to programs, projects, or activities. 

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1 (c) Except as provided in subsections (a), (b), and 

2 (d), the amounts made available by this title for ‘‘Nuclear 

3 Regulatory Commission—Salaries and Expenses’’ shall be 

4 expended as directed in the explanatory statement de5 scribed in section 4 (in the matter preceding division A 

6 of this consolidated Act). 

7 (d) None of the funds provided for the Nuclear Regu8 latory Commission shall be available for obligation or ex9 penditure through a reprogramming of funds that in10 creases funds or personnel for any program, project, or 

11 activity for which funds are denied or restricted by this 

12 Act. 

13 (e) The Commission shall provide a monthly report 

14 to the Committees on Appropriations of both Houses of 

15 Congress, which includes the following for each program, 

16 project, or activity, including any prior year appropria17 tions— 

18 (1) total budget authority; 

19 (2) total unobligated balances; and 

20 (3) total unliquidated obligations. 

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1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. None of the funds appropriated by this Act 

4 may be used in any way, directly or indirectly, to influence 

5 congressional action on any legislation or appropriation 

6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 

8 1913. 

9 SEC. 502. (a) None of the funds made available in 

10 title III of this Act may be transferred to any department, 

11 agency, or instrumentality of the United States Govern12 ment, except pursuant to a transfer made by or transfer 

13 authority provided in this Act or any other appropriations 

14 Act for any fiscal year, transfer authority referenced in 

15 the report of the Committee on Appropriations accom16 panying this Act, or any authority whereby a department, 

17 agency, or instrumentality of the United States Govern18 ment may provide goods or services to another depart19 ment, agency, or instrumentality. 

20 (b) None of the funds made available for any depart21 ment, agency, or instrumentality of the United States 

22 Government may be transferred to accounts funded in title 

23 III of this Act, except pursuant to a transfer made by or 

24 transfer authority provided in this Act or any other appro25 priations Act for any fiscal year, transfer authority refMarch 21, 2018 (6:08 p.m.)
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1 erenced in the explanatory statement described in section 

2 4 (in the matter preceding division A of this consolidated 

3 Act), or any authority whereby a department, agency, or 

4 instrumentality of the United States Government may 

5 provide goods or services to another department, agency, 

6 or instrumentality. 

7 (c) The head of any relevant department or agency 

8 funded in this Act utilizing any transfer authority shall 

9 submit to the Committees on Appropriations of both 

10 Houses of Congress a semiannual report detailing the 

11 transfer authorities, except for any authority whereby a 

12 department, agency, or instrumentality of the United 

13 States Government may provide goods or services to an14 other department, agency, or instrumentality, used in the 

15 previous 6 months and in the year-to-date. This report 

16 shall include the amounts transferred and the purposes 

17 for which they were transferred, and shall not replace or 

18 modify existing notification requirements for each author19 ity. 

20 SEC. 503. None of the funds made available by this 

21 Act may be used in contravention of Executive Order No. 

22 12898 of February 11, 1994 (Federal Actions to Address 

23 Environmental Justice in Minority Populations and Low24 Income Populations). 

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

2 this Act may be used to maintain or establish a computer 

3 network unless such network blocks the viewing, 

4 downloading, and exchanging of pornography. 

5 (b) Nothing in subsection (a) shall limit the use of 

6 funds necessary for any Federal, State, tribal, or local law 

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 

9 This division may be cited as the ‘‘Energy and Water 

10 Development and Related Agencies Appropriations Act, 

11 2018’’. 

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1 DIVISION E—FINANCIAL SERVICES AND 

2 GENERAL GOVERNMENT APPROPRIA3 TIONS ACT, 2018 

4 TITLE I 

5 DEPARTMENT OF THE TREASURY 

6 DEPARTMENTAL OFFICES

7 SALARIES AND EXPENSES

8 For necessary expenses of the Departmental Offices 

9 including operation and maintenance of the Treasury 

10 Building and Freedman’s Bank Building; hire of pas11 senger motor vehicles; maintenance, repairs, and improve12 ments of, and purchase of commercial insurance policies 

13 for, real properties leased or owned overseas, when nec14 essary for the performance of official business; executive 

15 direction program activities; international affairs and eco16 nomic policy activities; domestic finance and tax policy ac17 tivities, including technical assistance to Puerto Rico; and 

18 Treasury-wide management policies and programs activi19 ties, $201,751,000: Provided, That of the amount appro20 priated under this heading— 

21 (1) not to exceed $350,000 is for official recep22 tion and representation expenses; 

23 (2) not to exceed $258,000 is for unforeseen 

24 emergencies of a confidential nature to be allocated 

25 and expended under the direction of the Secretary of 

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1 the Treasury and to be accounted for solely on the 

2 Secretary’s certificate; and 

3 (3) not to exceed $24,000,000 shall remain 

4 available until September 30, 2019, for— 

5 (A) the Treasury-wide Financial Statement 

6 Audit and Internal Control Program; 

7 (B) information technology modernization 

8 requirements; 

9 (C) the audit, oversight, and administra10 tion of the Gulf Coast Restoration Trust Fund; 

11 (D) the development and implementation 

12 of programs within the Office of Critical Infra13 structure Protection and Compliance Policy, in14 cluding entering into cooperative agreements; 

15 (E) operations and maintenance of facili16 ties; and 

17 (F) international operations. 

18 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE

19 SALARIES AND EXPENSES

20 For the necessary expenses of the Office of Terrorism 

21 and Financial Intelligence to safeguard the financial sys22 tem against illicit use and to combat rogue nations, ter23 rorist facilitators, weapons of mass destruction 

24 proliferators, money launderers, drug kingpins, and other 

25 national security threats, $141,778,000: Provided, That of 

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1 the amount appropriated under this heading: (1) up to 

2 $32,000,000 may be transferred to the Departmental Of3 fices Salaries and Expenses appropriation and shall be 

4 available for administrative support to the Office of Ter5 rorism and Financial Intelligence; and (2) up to 

6 $5,000,000 shall remain available until September 30, 

7 2019. 

8 CYBERSECURITY ENHANCEMENT ACCOUNT

9 For salaries and expenses for enhanced cybersecurity 

10 for systems operated by the Department of the Treasury, 

11 $24,000,000, to remain available until September 30, 

12 2020: Provided, That such funds shall supplement and not 

13 supplant any other amounts made available to the Treas14 ury offices and bureaus for cybersecurity: Provided fur15 ther, That the Chief Information Officer of the individual 

16 offices and bureaus shall submit a spend plan for each 

17 investment to the Treasury Chief Information Officer for 

18 approval: Provided further, That the submitted spend plan 

19 shall be reviewed and approved by the Treasury Chief In20 formation Officer prior to the obligation of funds under 

21 this heading: Provided further, That of the total amount 

22 made available under this heading $1,000,000 shall be 

23 available for administrative expenses for the Treasury 

24 Chief Information Officer to provide oversight of the in25 vestments made under this heading: Provided further, 

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1 That such funds shall supplement and not supplant any 

2 other amounts made available to the Treasury Chief Infor3 mation Officer. 

4 DEPARTMENT-WIDE SYSTEMS AND CAPITAL

5 INVESTMENTS PROGRAMS

6 (INCLUDING TRANSFER OF FUNDS)

7 For development and acquisition of automatic data 

8 processing equipment, software, and services and for re9 pairs and renovations to buildings owned by the Depart10 ment of the Treasury, $4,426,000, to remain available 

11 until September 30, 2020: Provided, That these funds 

12 shall be transferred to accounts and in amounts as nec13 essary to satisfy the requirements of the Department’s of14 fices, bureaus, and other organizations: Provided further, 

15 That this transfer authority shall be in addition to any 

16 other transfer authority provided in this Act: Provided fur17 ther, That none of the funds appropriated under this head18 ing shall be used to support or supplement ‘‘Internal Rev19 enue Service, Operations Support’’ or ‘‘Internal Revenue 

20 Service, Business Systems Modernization’’. 

21 OFFICE OF INSPECTOR GENERAL

22 SALARIES AND EXPENSES

23 For necessary expenses of the Office of Inspector 

24 General in carrying out the provisions of the Inspector 

25 General Act of 1978, $37,044,000, including hire of pasMarch 21, 2018 (6:08 p.m.)
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1 senger motor vehicles; of which not to exceed $100,000 

2 shall be available for unforeseen emergencies of a con3 fidential nature, to be allocated and expended under the 

4 direction of the Inspector General of the Treasury; of 

5 which up to $2,800,000 to remain available until Sep6 tember 30, 2019, shall be for audits and investigations 

7 conducted pursuant to section 1608 of the Resources and 

8 Ecosystems Sustainability, Tourist Opportunities, and Re9 vived Economies of the Gulf Coast States Act of 2012 (33 

10 U.S.C. 1321 note); and of which not to exceed $1,000 

11 shall be available for official reception and representation 

12 expenses. 

13 TREASURY INSPECTOR GENERAL FOR TAX

14 ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Treasury Inspector 

17 General for Tax Administration in carrying out the In18 spector General Act of 1978, as amended, including pur19 chase and hire of passenger motor vehicles (31 U.S.C. 

20 1343(b)); and services authorized by 5 U.S.C. 3109, at 

21 such rates as may be determined by the Inspector General 

22 for Tax Administration; $169,634,000, of which 

23 $5,000,000 shall remain available until September 30, 

24 2019; of which not to exceed $6,000,000 shall be available 

25 for official travel expenses; of which not to exceed 

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1 $500,000 shall be available for unforeseen emergencies of 

2 a confidential nature, to be allocated and expended under 

3 the direction of the Inspector General for Tax Administra4 tion; and of which not to exceed $1,500 shall be available 

5 for official reception and representation expenses. 

6 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED

7 ASSET RELIEF PROGRAM

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of the Special 

10 Inspector General in carrying out the provisions of the 

11 Emergency Economic Stabilization Act of 2008 (Public 

12 Law 110–343), $34,000,000. 

13 FINANCIAL CRIMES ENFORCEMENT NETWORK

14 SALARIES AND EXPENSES

15 For necessary expenses of the Financial Crimes En16 forcement Network, including hire of passenger motor ve17 hicles; travel and training expenses of non-Federal and 

18 foreign government personnel to attend meetings and 

19 training concerned with domestic and foreign financial in20 telligence activities, law enforcement, and financial regula21 tion; services authorized by 5 U.S.C. 3109; not to exceed 

22 $10,000 for official reception and representation expenses; 

23 and for assistance to Federal law enforcement agencies, 

24 with or without reimbursement, $115,003,000, of which 

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1 not to exceed $34,335,000 shall remain available until 

2 September 30, 2020. 

3 TREASURY FORFEITURE FUND

4 (RESCISSION)

5 Of the unobligated balances available under this 

6 heading, $702,000,000 are hereby permanently rescinded 

7 not later than September 30, 2018. 

8 (INCLUDING RETURN OF FUNDS)

9 In addition, of amounts in the Treasury Forfeiture 

10 Fund, $38,800,000 from funds paid to the United States 

11 Government by BNP Paribas S.A. as part of, or related 

12 to, a plea agreement dated June 27, 2014, entered into 

13 between the Department of Justice and BNP Paribas 

14 S.A., and subject to a consent order entered by the United 

15 States District Court for the Southern District of New 

16 York on May 1, 2015, in United States v. BNPP, No. 

17 14 Cr. 460 (S.D.N.Y.), are hereby returned to the General 

18 Fund of the Treasury. 

19 BUREAU OF THE FISCAL SERVICE

20 SALARIES AND EXPENSES

21 For necessary expenses of operations of the Bureau 

22 of the Fiscal Service, $338,280,000; of which not to ex23 ceed $4,210,000, to remain available until September 30, 

24 2020, is for information systems modernization initiatives; 

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1 and of which $5,000 shall be available for official reception 

2 and representation expenses. 

3 In addition, $165,000, to be derived from the Oil 

4 Spill Liability Trust Fund to reimburse administrative 

5 and personnel expenses for financial management of the 

6 Fund, as authorized by section 1012 of Public Law 101– 

7 380. 

8 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

9 SALARIES AND EXPENSES

10 For necessary expenses of carrying out section 1111 

11 of the Homeland Security Act of 2002, including hire of 

12 passenger motor vehicles, $111,439,000; of which not to 

13 exceed $6,000 for official reception and representation ex14 penses; not to exceed $50,000 for cooperative research and 

15 development programs for laboratory services; and provi16 sion of laboratory assistance to State and local agencies 

17 with or without reimbursement: Provided, That of the 

18 amount appropriated under this heading, $5,000,000 shall 

19 be for the costs of accelerating the processing of formula 

20 and label applications: Provided further, That of the 

21 amount appropriated under this heading, $5,000,000, to 

22 remain available until September 30, 2019, shall be for 

23 the costs associated with enforcement of the trade practice 

24 provisions of the Federal Alcohol Administration Act (27 

25 U.S.C. 201 et seq.). 

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1 UNITED STATES MINT

2 UNITED STATES MINT PUBLIC ENTERPRISE FUND

3 Pursuant to section 5136 of title 31, United States 

4 Code, the United States Mint is provided funding through 

5 the United States Mint Public Enterprise Fund for costs 

6 associated with the production of circulating coins, numis7 matic coins, and protective services, including both oper8 ating expenses and capital investments: Provided, That 

9 the aggregate amount of new liabilities and obligations in10 curred during fiscal year 2018 under such section 5136 

11 for circulating coinage and protective service capital in12 vestments of the United States Mint shall not exceed 

13 $30,000,000. 

14 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

15 FUND PROGRAM ACCOUNT

16 To carry out the Riegle Community Development and 

17 Regulatory Improvements Act of 1994 (subtitle A of title 

18 I of Public Law 103–325), including services authorized 

19 by section 3109 of title 5, United States Code, but at rates 

20 for individuals not to exceed the per diem rate equivalent 

21 to the rate for EX–3, $250,000,000. Of the amount ap22 propriated under this heading— 

23 (1) not less than $160,000,000, notwith24 standing section 108(e) of Public Law 103–325 (12 

25 U.S.C. 4707(e)) with regard to Small and/or EmergMarch 21, 2018 (6:08 p.m.)
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1 ing Community Development Financial Institutions 

2 Assistance awards, is available until September 30, 

3 2019, for financial assistance, technical assistance, 

4 training, and outreach under subparagraphs (A) and 

5 (B) of section 108(a)(1), respectively, of Public Law 

6 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of 

7 which up to $2,680,000 may be used for the cost of 

8 direct loans, and of which up to $3,000,000, not9 withstanding subsection (d) of section 108 of Public 

10 Law 103–325 (12 U.S.C. 4707 (d)), may be avail11 able to provide financial assistance, technical assist12 ance, training, and outreach to community develop13 ment financial institutions to expand investments 

14 that benefit individuals with disabilities: Provided, 

15 That the cost of direct and guaranteed loans, includ16 ing the cost of modifying such loans, shall be as de17 fined in section 502 of the Congressional Budget Act 

18 of 1974: Provided further, That these funds are 

19 available to subsidize gross obligations for the prin20 cipal amount of direct loans not to exceed 

21 $25,000,000; 

22 (2) not less than $16,000,000, notwithstanding 

23 section 108(e) of Public Law 103–325 (12 U.S.C. 

24 4707(e)), is available until September 30, 2019, for 

25 financial assistance, technical assistance, training, 

March 21, 2018 (6:08 p.m.)
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1 and outreach programs designed to benefit Native 

2 American, Native Hawaiian, and Alaska Native com3 munities and provided primarily through qualified 

4 community development lender organizations with 

5 experience and expertise in community development 

6 banking and lending in Indian country, Native 

7 American organizations, tribes and tribal organiza8 tions, and other suitable providers; 

9 (3) not less than $25,000,000 is available until 

10 September 30, 2019, for the Bank Enterprise Award 

11 program; 

12 (4) not less than $22,000,000, notwithstanding 

13 subsections (d) and (e) of section 108 of Public Law 

14 103–325 (12 U.S.C. 4707(d) and (e)), is available 

15 until September 30, 2019, for a Healthy Food Fi16 nancing Initiative to provide financial assistance, 

17 technical assistance, training, and outreach to com18 munity development financial institutions for the 

19 purpose of offering affordable financing and tech20 nical assistance to expand the availability of healthy 

21 food options in distressed communities; 

22 (5) up to $27,000,000 is available until Sep23 tember 30, 2018, for administrative expenses, in24 cluding administration of CDFI fund programs and 

25 the New Markets Tax Credit Program, of which not 

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1 less than $1,000,000 is for development of tools to 

2 better assess and inform CDFI investment perform3 ance, and up to $300,000 is for administrative ex4 penses to carry out the direct loan program; and 

5 (6) during fiscal year 2018, none of the funds 

6 available under this heading are available for the 

7 cost, as defined in section 502 of the Congressional 

8 Budget Act of 1974, of commitments to guarantee 

9 bonds and notes under section 114A of the Riegle 

10 Community Development and Regulatory Improve11 ment Act of 1994 (12 U.S.C. 4713a): Provided, 

12 That commitments to guarantee bonds and notes 

13 under such section 114A shall not exceed 

14 $500,000,000: Provided further, That such section 

15 114A shall remain in effect until December 31, 

16 2018: Provided further, That of the funds awarded 

17 under this heading, not less than 10 percent shall be 

18 used for awards that support investments that serve 

19 populations living in persistent poverty counties: 

20 Provided further, That for the purposes of this sec21 tion, the term ‘‘persistent poverty counties’’ means 

22 any county that has had 20 percent or more of its 

23 population living in poverty over the past 30 years, 

24 as measured by the 1990 and 2000 decennial cen25 suses and the 2011–2015 5-year data series availMarch 21, 2018 (6:08 p.m.)
480 

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1 able from the American Community Survey of the 

2 Census Bureau. 

3 INTERNAL REVENUE SERVICE

4 TAXPAYER SERVICES

5 For necessary expenses of the Internal Revenue Serv6 ice to provide taxpayer services, including pre-filing assist7 ance and education, filing and account services, taxpayer 

8 advocacy services, and other services as authorized by 5 

9 U.S.C. 3109, at such rates as may be determined by the 

10 Commissioner, $2,506,554,000, of which not less than 

11 $9,890,000 shall be for the Tax Counseling for the Elderly 

12 Program, of which not less than $12,000,000 shall be 

13 available for low-income taxpayer clinic grants, and of 

14 which not less than $15,000,000, to remain available until 

15 September 30, 2019, shall be available for a Community 

16 Volunteer Income Tax Assistance matching grants pro17 gram for tax return preparation assistance, of which not 

18 less than $206,000,000 shall be available for operating ex19 penses of the Taxpayer Advocate Service: Provided, That 

20 of the amounts made available for the Taxpayer Advocate 

21 Service, not less than $5,500,000 shall be for identity 

22 theft casework. 

23 ENFORCEMENT

24 For necessary expenses for tax enforcement activities 

25 of the Internal Revenue Service to determine and collect 

March 21, 2018 (6:08 p.m.)
481 

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1 owed taxes, to provide legal and litigation support, to con2 duct criminal investigations, to enforce criminal statutes 

3 related to violations of internal revenue laws and other fi4 nancial crimes, to purchase and hire passenger motor vehi5 cles (31 U.S.C. 1343(b)), and to provide other services 

6 as authorized by 5 U.S.C. 3109, at such rates as may be 

7 determined by the Commissioner, $4,860,000,000, of 

8 which not to exceed $50,000,000 shall remain available 

9 until September 30, 2019, and of which not less than 

10 $60,257,000 shall be for the Interagency Crime and Drug 

11 Enforcement program. 

12 OPERATIONS SUPPORT

13 For necessary expenses of the Internal Revenue Serv14 ice to support taxpayer services and enforcement pro15 grams, including rent payments; facilities services; print16 ing; postage; physical security; headquarters and other 

17 IRS-wide administration activities; research and statistics 

18 of income; telecommunications; information technology de19 velopment, enhancement, operations, maintenance, and se20 curity; the hire of passenger motor vehicles (31 U.S.C. 

21 1343(b)); the operations of the Internal Revenue Service 

22 Oversight Board; and other services as authorized by 5 

23 U.S.C. 3109, at such rates as may be determined by the 

24 Commissioner; $3,634,000,000, of which not to exceed 

25 $50,000,000 shall remain available until September 30, 

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1 2019; of which not to exceed $10,000,000 shall remain 

2 available until expended for acquisition of equipment and 

3 construction, repair and renovation of facilities; of which 

4 not to exceed $1,000,000 shall remain available until Sep5 tember 30, 2020, for research; of which not to exceed 

6 $20,000 shall be for official reception and representation 

7 expenses: Provided, That not later than 30 days after the 

8 end of each quarter, the Internal Revenue Service shall 

9 submit a report to the Committees on Appropriations of 

10 the House of Representatives and the Senate and the 

11 Comptroller General of the United States detailing the 

12 cost and schedule performance for its major information 

13 technology investments, including the purpose and life14 cycle stages of the investments; the reasons for any cost 

15 and schedule variances; the risks of such investments and 

16 strategies the Internal Revenue Service is using to miti17 gate such risks; and the expected developmental mile18 stones to be achieved and costs to be incurred in the next 

19 quarter: Provided further, That the Internal Revenue Serv20 ice shall include, in its budget justification for fiscal year 

21 2019, a summary of cost and schedule performance infor22 mation for its major information technology systems. 

23 BUSINESS SYSTEMS MODERNIZATION

24 For necessary expenses of the Internal Revenue Serv25 ice’s business systems modernization program, 

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1 $110,000,000, to remain available until September 30, 

2 2020, for the capital asset acquisition of information tech3 nology systems, including management and related con4 tractual costs of said acquisitions, including related Inter5 nal Revenue Service labor costs, and contractual costs as6 sociated with operations authorized by 5 U.S.C. 3109: 

7 Provided, That not later than 30 days after the end of 

8 each quarter, the Internal Revenue Service shall submit 

9 a report to the Committees on Appropriations of the 

10 House of Representatives and the Senate and the Comp11 troller General of the United States detailing the cost and 

12 schedule performance for major information technology in13 vestments, including the purposes and life-cycle stages of 

14 the investments; the reasons for any cost and schedule 

15 variances; the risks of such investments and the strategies 

16 the Internal Revenue Service is using to mitigate such 

17 risks; and the expected developmental milestones to be 

18 achieved and costs to be incurred in the next quarter. 

19 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

20 SERVICE

21 (INCLUDING TRANSFERS OF FUNDS)

22 SEC. 101. Not to exceed 5 percent of any appropria23 tion made available in this Act to the Internal Revenue 

24 Service may be transferred to any other Internal Revenue 

March 21, 2018 (6:08 p.m.)
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1 Service appropriation upon the advance approval of the 

2 Committees on Appropriations. 

3 SEC. 102. The Internal Revenue Service shall main4 tain an employee training program, which shall include the 

5 following topics: taxpayers’ rights, dealing courteously 

6 with taxpayers, cross-cultural relations, ethics, and the im7 partial application of tax law. 

8 SEC. 103. The Internal Revenue Service shall insti9 tute and enforce policies and procedures that will safe10 guard the confidentiality of taxpayer information and pro11 tect taxpayers against identity theft. 

12 SEC. 104. Funds made available by this or any other 

13 Act to the Internal Revenue Service shall be available for 

14 improved facilities and increased staffing to provide suffi15 cient and effective 1–800 help line service for taxpayers. 

16 The Commissioner shall continue to make improvements 

17 to the Internal Revenue Service 1–800 help line service 

18 a priority and allocate resources necessary to enhance the 

19 response time to taxpayer communications, particularly 

20 with regard to victims of tax-related crimes. 

21 SEC. 105. None of the funds made available to the 

22 Internal Revenue Service by this Act may be used to make 

23 a video unless the Service-Wide Video Editorial Board de24 termines in advance that making the video is appropriate, 

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1 taking into account the cost, topic, tone, and purpose of 

2 the video. 

3 SEC. 106. The Internal Revenue Service shall issue 

4 a notice of confirmation of any address change relating 

5 to an employer making employment tax payments, and 

6 such notice shall be sent to both the employer’s former 

7 and new address and an officer or employee of the Internal 

8 Revenue Service shall give special consideration to an 

9 offer-in-compromise from a taxpayer who has been the vic10 tim of fraud by a third party payroll tax preparer. 

11 SEC. 107. None of the funds made available under 

12 this Act may be used by the Internal Revenue Service to 

13 target citizens of the United States for exercising any 

14 right guaranteed under the First Amendment to the Con15 stitution of the United States. 

16 SEC. 108. None of the funds made available in this 

17 Act may be used by the Internal Revenue Service to target 

18 groups for regulatory scrutiny based on their ideological 

19 beliefs. 

20 SEC. 109. None of funds made available by this Act 

21 to the Internal Revenue Service shall be obligated or ex22 pended on conferences that do not adhere to the proce23 dures, verification processes, documentation requirements, 

24 and policies issued by the Chief Financial Officer, Human 

25 Capital Office, and Agency-Wide Shared Services as a reMarch 21, 2018 (6:08 p.m.)
486 

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1 sult of the recommendations in the report published on 

2 May 31, 2013, by the Treasury Inspector General for Tax 

3 Administration entitled ‘‘Review of the August 2010 Small 

4 Business/Self-Employed Division’s Conference in Ana5 heim, California’’ (Reference Number 2013–10–037). 

6 SEC. 110. None of the funds made available in this 

7 Act to the Internal Revenue Service may be obligated or 

8 expended— 

9 (1) to make a payment to any employee under 

10 a bonus, award, or recognition program; or 

11 (2) under any hiring or personnel selection 

12 process with respect to re-hiring a former employee, 

13 unless such program or process takes into account 

14 the conduct and Federal tax compliance of such em15 ployee or former employee. 

16 SEC. 111. None of the funds made available by this 

17 Act may be used in contravention of section 6103 of the 

18 Internal Revenue Code of 1986 (relating to confidentiality 

19 and disclosure of returns and return information). 

20 SEC. 112. Except to the extent provided in section 

21 6014, 6020, or 6201(d) of the Internal Revenue Code of 

22 1986, no funds in this or any other Act shall be available 

23 to the Secretary of the Treasury to provide to any person 

24 a proposed final return or statement for use by such perMarch 21, 2018 (6:08 p.m.)
487 

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1 son to satisfy a filing or reporting requirement under such 

2 Code. 

3 SEC. 113. In addition to the amounts otherwise made 

4 available in this Act for the Internal Revenue Service, 

5 $320,000,000, to be available until September 30, 2019, 

6 shall be transferred by the Commissioner to the ‘‘Tax7 payer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ 

8 accounts of the Internal Revenue Service for an additional 

9 amount to be used solely for carrying out Public Law 115– 

10 97: Provided, That such funds shall not be available until 

11 the Commissioner submits to the Committees on Appro12 priations of the House of Representatives and the Senate 

13 a spending plan for such funds. 

14 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE

15 TREASURY

16 (INCLUDING TRANSFERS OF FUNDS)

17 SEC. 114. Appropriations to the Department of the 

18 Treasury in this Act shall be available for uniforms or al19 lowances therefor, as authorized by law (5 U.S.C. 5901), 

20 including maintenance, repairs, and cleaning; purchase of 

21 insurance for official motor vehicles operated in foreign 

22 countries; purchase of motor vehicles without regard to the 

23 general purchase price limitations for vehicles purchased 

24 and used overseas for the current fiscal year; entering into 

25 contracts with the Department of State for the furnishing 

March 21, 2018 (6:08 p.m.)
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1 of health and medical services to employees and their de2 pendents serving in foreign countries; and services author3 ized by 5 U.S.C. 3109. 

4 SEC. 115. Not to exceed 2 percent of any appropria5 tions in this title made available under the headings ‘‘De6 partmental Offices—Salaries and Expenses’’, ‘‘Office of 

7 Inspector General’’, ‘‘Special Inspector General for the 

8 Troubled Asset Relief Program’’, ‘‘Financial Crimes En9 forcement Network’’, ‘‘Bureau of the Fiscal Service’’, and 

10 ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may be 

11 transferred between such appropriations upon the advance 

12 approval of the Committees on Appropriations of the 

13 House of Representatives and the Senate: Provided, That 

14 no transfer under this section may increase or decrease 

15 any such appropriation by more than 2 percent. 

16 SEC. 116. Not to exceed 2 percent of any appropria17 tion made available in this Act to the Internal Revenue 

18 Service may be transferred to the Treasury Inspector Gen19 eral for Tax Administration’s appropriation upon the ad20 vance approval of the Committees on Appropriations of 

21 the House of Representatives and the Senate: Provided, 

22 That no transfer may increase or decrease any such appro23 priation by more than 2 percent. 

24 SEC. 117. None of the funds appropriated in this Act 

25 or otherwise available to the Department of the Treasury 

March 21, 2018 (6:08 p.m.)
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1 or the Bureau of Engraving and Printing may be used 

2 to redesign the $1 Federal Reserve note. 

3 SEC. 118. The Secretary of the Treasury may trans4 fer funds from the ‘‘Bureau of the Fiscal Service-Salaries 

5 and Expenses’’ to the Debt Collection Fund as necessary 

6 to cover the costs of debt collection: Provided, That such 

7 amounts shall be reimbursed to such salaries and expenses 

8 account from debt collections received in the Debt Collec9 tion Fund. 

10 SEC. 119. None of the funds appropriated or other11 wise made available by this or any other Act may be used 

12 by the United States Mint to construct or operate any mu13 seum without the explicit approval of the Committees on 

14 Appropriations of the House of Representatives and the 

15 Senate, the House Committee on Financial Services, and 

16 the Senate Committee on Banking, Housing, and Urban 

17 Affairs. 

18 SEC. 120. None of the funds appropriated or other19 wise made available by this or any other Act or source 

20 to the Department of the Treasury, the Bureau of Engrav21 ing and Printing, and the United States Mint, individually 

22 or collectively, may be used to consolidate any or all func23 tions of the Bureau of Engraving and Printing and the 

24 United States Mint without the explicit approval of the 

25 House Committee on Financial Services; the Senate ComMarch 21, 2018 (6:08 p.m.)
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1 mittee on Banking, Housing, and Urban Affairs; and the 

2 Committees on Appropriations of the House of Represent3 atives and the Senate. 

4 SEC. 121. Funds appropriated by this Act, or made 

5 available by the transfer of funds in this Act, for the De6 partment of the Treasury’s intelligence or intelligence re7 lated activities are deemed to be specifically authorized by 

8 the Congress for purposes of section 504 of the National 

9 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

10 2018 until the enactment of the Intelligence Authorization 

11 Act for Fiscal Year 2018. 

12 SEC. 122. Not to exceed $5,000 shall be made avail13 able from the Bureau of Engraving and Printing’s Indus14 trial Revolving Fund for necessary official reception and 

15 representation expenses. 

16 SEC. 123. The Secretary of the Treasury shall submit 

17 a Capital Investment Plan to the Committees on Appro18 priations of the Senate and the House of Representatives 

19 not later than 30 days following the submission of the an20 nual budget submitted by the President: Provided, That 

21 such Capital Investment Plan shall include capital invest22 ment spending from all accounts within the Department 

23 of the Treasury, including but not limited to the Depart24 ment-wide Systems and Capital Investment Programs ac25 count, Treasury Franchise Fund account, and the TreasMarch 21, 2018 (6:08 p.m.)
491 

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1 ury Forfeiture Fund account: Provided further, That such 

2 Capital Investment Plan shall include expenditures occur3 ring in previous fiscal years for each capital investment 

4 project that has not been fully completed. 

5 SEC. 124. Within 45 days after the date of enactment 

6 of this Act, the Secretary of the Treasury shall submit 

7 an itemized report to the Committees on Appropriations 

8 of the House of Representatives and the Senate on the 

9 amount of total funds charged to each office by the Fran10 chise Fund including the amount charged for each service 

11 provided by the Franchise Fund to each office, a detailed 

12 description of the services, a detailed explanation of how 

13 each charge for each service is calculated, and a descrip14 tion of the role customers have in governing in the Fran15 chise Fund. 

16 SEC. 125. During fiscal year 2018— 

17 (1) none of the funds made available in this or 

18 any other Act may be used by the Department of 

19 the Treasury, including the Internal Revenue Serv20 ice, to issue, revise, or finalize any regulation, rev21 enue ruling, or other guidance not limited to a par22 ticular taxpayer relating to the standard which is 

23 used to determine whether an organization is oper24 ated exclusively for the promotion of social welfare 

25 for purposes of section 501(c)(4) of the Internal 

March 21, 2018 (6:08 p.m.)
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1 Revenue Code of 1986 (including the proposed regu2 lations published at 78 Fed. Reg. 71535 (November 

3 29, 2013)); and 

4 (2) the standard and definitions as in effect on 

5 January 1, 2010, which are used to make such de6 terminations shall apply after the date of the enact7 ment of this Act for purposes of determining status 

8 under section 501(c)(4) of such Code of organiza9 tions created on, before, or after such date. 

10 SEC. 126. (a) Not later than 60 days after the end 

11 of each quarter, the Office of Financial Stability and the 

12 Office of Financial Research shall submit reports on their 

13 activities to the Committees on Appropriations of the 

14 House of Representatives and the Senate, the Committee 

15 on Financial Services of the House of Representatives and 

16 the Senate Committee on Banking, Housing, and Urban 

17 Affairs. 

18 (b) The reports required under subsection (a) shall 

19 include— 

20 (1) the obligations made during the previous 

21 quarter by object class, office, and activity; 

22 (2) the estimated obligations for the remainder 

23 of the fiscal year by object class, office, and activity; 

24 (3) the number of full-time equivalents within 

25 each office during the previous quarter; 

March 21, 2018 (6:08 p.m.)
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1 (4) the estimated number of full-time equiva2 lents within each office for the remainder of the fis3 cal year; and 

4 (5) actions taken to achieve the goals, objec5 tives, and performance measures of each office. 

6 (c) At the request of any such Committees specified 

7 in subsection (a), the Office of Financial Stability and the 

8 Office of Financial Research shall make officials available 

9 to testify on the contents of the reports required under 

10 subsection (a). 

11 SEC. 127. Notwithstanding paragraph (2) of section 

12 402(c) of the Helping Families Save their Homes Act of 

13 2009, in utilizing funds made available by paragraph (1) 

14 of section 402(c) of such Act, the Special Inspector Gen15 eral for the Troubled Asset Relief Program shall prioritize 

16 the performance of audits or investigations of any pro17 gram that is funded in whole or in part by funds appro18 priated under the Emergency Economic Stabilization Act 

19 of 2008, to the extent that such priority is consistent with 

20 other aspects of the mission of the Special Inspector Gen21 eral. 

22 This title may be cited as the ‘‘Department of the 

23 Treasury Appropriations Act, 2018’’. 

March 21, 2018 (6:08 p.m.)
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1 TITLE II 

2 EXECUTIVE OFFICE OF THE PRESIDENT AND 

3 FUNDS APPROPRIATED TO THE PRESIDENT 

4 THE WHITE HOUSE

5 SALARIES AND EXPENSES

6 For necessary expenses for the White House as au7 thorized by law, including not to exceed $3,850,000 for 

8 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 

9 subsistence expenses as authorized by 3 U.S.C. 105, which 

10 shall be expended and accounted for as provided in that 

11 section; hire of passenger motor vehicles, and travel (not 

12 to exceed $100,000 to be expended and accounted for as 

13 provided by 3 U.S.C. 103); and not to exceed $19,000 for 

14 official reception and representation expenses, to be avail15 able for allocation within the Executive Office of the Presi16 dent; and for necessary expenses of the Office of Policy 

17 Development, including services as authorized by 5 U.S.C. 

18 3109 and 3 U.S.C. 107, $55,000,000. 

19 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

20 OPERATING EXPENSES

21 For necessary expenses of the Executive Residence 

22 at the White House, $12,917,000, to be expended and ac23 counted for as provided by 3 U.S.C. 105, 109, 110, and 

24 112–114. 

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1 REIMBURSABLE EXPENSES

2 For the reimbursable expenses of the Executive Resi3 dence at the White House, such sums as may be nec4 essary: Provided, That all reimbursable operating expenses 

5 of the Executive Residence shall be made in accordance 

6 with the provisions of this paragraph: Provided further, 

7 That, notwithstanding any other provision of law, such 

8 amount for reimbursable operating expenses shall be the 

9 exclusive authority of the Executive Residence to incur ob10 ligations and to receive offsetting collections, for such ex11 penses: Provided further, That the Executive Residence 

12 shall require each person sponsoring a reimbursable polit13 ical event to pay in advance an amount equal to the esti14 mated cost of the event, and all such advance payments 

15 shall be credited to this account and remain available until 

16 expended: Provided further, That the Executive Residence 

17 shall require the national committee of the political party 

18 of the President to maintain on deposit $25,000, to be 

19 separately accounted for and available for expenses relat20 ing to reimbursable political events sponsored by such 

21 committee during such fiscal year: Provided further, That 

22 the Executive Residence shall ensure that a written notice 

23 of any amount owed for a reimbursable operating expense 

24 under this paragraph is submitted to the person owing 

25 such amount within 60 days after such expense is inMarch 21, 2018 (6:08 p.m.)
496 

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1 curred, and that such amount is collected within 30 days 

2 after the submission of such notice: Provided further, That 

3 the Executive Residence shall charge interest and assess 

4 penalties and other charges on any such amount that is 

5 not reimbursed within such 30 days, in accordance with 

6 the interest and penalty provisions applicable to an out7 standing debt on a United States Government claim under 

8 31 U.S.C. 3717: Provided further, That each such amount 

9 that is reimbursed, and any accompanying interest and 

10 charges, shall be deposited in the Treasury as miscella11 neous receipts: Provided further, That the Executive Resi12 dence shall prepare and submit to the Committees on Ap13 propriations, by not later than 90 days after the end of 

14 the fiscal year covered by this Act, a report setting forth 

15 the reimbursable operating expenses of the Executive Res16 idence during the preceding fiscal year, including the total 

17 amount of such expenses, the amount of such total that 

18 consists of reimbursable official and ceremonial events, the 

19 amount of such total that consists of reimbursable political 

20 events, and the portion of each such amount that has been 

21 reimbursed as of the date of the report: Provided further, 

22 That the Executive Residence shall maintain a system for 

23 the tracking of expenses related to reimbursable events 

24 within the Executive Residence that includes a standard 

25 for the classification of any such expense as political or 

March 21, 2018 (6:08 p.m.)
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1 nonpolitical: Provided further, That no provision of this 

2 paragraph may be construed to exempt the Executive Res3 idence from any other applicable requirement of sub4 chapter I or II of chapter 37 of title 31, United States 

5 Code. 

6 WHITE HOUSE REPAIR AND RESTORATION

7 For the repair, alteration, and improvement of the 

8 Executive Residence at the White House pursuant to 3 

9 U.S.C. 105(d), $750,000, to remain available until ex10 pended, for required maintenance, resolution of safety and 

11 health issues, and continued preventative maintenance. 

12 COUNCIL OF ECONOMIC ADVISERS

13 SALARIES AND EXPENSES

14 For necessary expenses of the Council of Economic 

15 Advisers in carrying out its functions under the Employ16 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,187,000. 

17 NATIONAL SECURITY COUNCIL AND HOMELAND

18 SECURITY COUNCIL

19 SALARIES AND EXPENSES

20 For necessary expenses of the National Security 

21 Council and the Homeland Security Council, including 

22 services as authorized by 5 U.S.C. 3109, $11,800,000. 

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1 OFFICE OF ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Administra4 tion, including services as authorized by 5 U.S.C. 3109 

5 and 3 U.S.C. 107, and hire of passenger motor vehicles, 

6 $100,000,000, of which not to exceed $12,800,000 shall 

7 remain available until expended for continued moderniza8 tion of information resources within the Executive Office 

9 of the President. 

10 OFFICE OF MANAGEMENT AND BUDGET

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Management 

13 and Budget, including hire of passenger motor vehicles 

14 and services as authorized by 5 U.S.C. 3109, to carry out 

15 the provisions of chapter 35 of title 44, United States 

16 Code, and to prepare and submit the budget of the United 

17 States Government, in accordance with section 1105(a) of 

18 title 31, United States Code, $101,000,000, of which not 

19 to exceed $3,000 shall be available for official representa20 tion expenses: Provided, That none of the funds appro21 priated in this Act for the Office of Management and 

22 Budget may be used for the purpose of reviewing any agri23 cultural marketing orders or any activities or regulations 

24 under the provisions of the Agricultural Marketing Agree25 ment Act of 1937 (7 U.S.C. 601 et seq.): Provided further, 

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1 That none of the funds made available for the Office of 

2 Management and Budget by this Act may be expended for 

3 the altering of the transcript of actual testimony of wit4 nesses, except for testimony of officials of the Office of 

5 Management and Budget, before the Committees on Ap6 propriations or their subcommittees: Provided further, 

7 That of the funds made available for the Office of Man8 agement and Budget by this Act, no less than three full9 time equivalent senior staff position shall be dedicated 

10 solely to the Office of the Intellectual Property Enforce11 ment Coordinator: Provided further, That none of the 

12 funds provided in this or prior Acts shall be used, directly 

13 or indirectly, by the Office of Management and Budget, 

14 for evaluating or determining if water resource project or 

15 study reports submitted by the Chief of Engineers acting 

16 through the Secretary of the Army are in compliance with 

17 all applicable laws, regulations, and requirements relevant 

18 to the Civil Works water resource planning process: Pro19 vided further, That the Office of Management and Budget 

20 shall have not more than 60 days in which to perform 

21 budgetary policy reviews of water resource matters on 

22 which the Chief of Engineers has reported: Provided fur23 ther, That the Director of the Office of Management and 

24 Budget shall notify the appropriate authorizing and ap25 propriating committees when the 60-day review is initiMarch 21, 2018 (6:08 p.m.)
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1 ated: Provided further, That if water resource reports have 

2 not been transmitted to the appropriate authorizing and 

3 appropriating committees within 15 days after the end of 

4 the Office of Management and Budget review period based 

5 on the notification from the Director, Congress shall as6 sume Office of Management and Budget concurrence with 

7 the report and act accordingly. 

8 OFFICE OF NATIONAL DRUG CONTROL POLICY

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of National 

11 Drug Control Policy; for research activities pursuant to 

12 the Office of National Drug Control Policy Reauthoriza13 tion Act of 2006 (Public Law 109–469); not to exceed 

14 $10,000 for official reception and representation expenses; 

15 and for participation in joint projects or in the provision 

16 of services on matters of mutual interest with nonprofit, 

17 research, or public organizations or agencies, with or with18 out reimbursement, $18,400,000: Provided, That the Of19 fice is authorized to accept, hold, administer, and utilize 

20 gifts, both real and personal, public and private, without 

21 fiscal year limitation, for the purpose of aiding or facili22 tating the work of the Office. 

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1 FEDERAL DRUG CONTROL PROGRAMS

2 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses of the Office of National 

5 Drug Control Policy’s High Intensity Drug Trafficking 

6 Areas Program, $280,000,000, to remain available until 

7 September 30, 2019, for drug control activities consistent 

8 with the approved strategy for each of the designated 

9 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of 

10 which not less than 51 percent shall be transferred to 

11 State and local entities for drug control activities and shall 

12 be obligated not later than 120 days after enactment of 

13 this Act: Provided, That up to 49 percent may be trans14 ferred to Federal agencies and departments in amounts 

15 determined by the Director of the Office of National Drug 

16 Control Policy, of which up to $2,700,000 may be used 

17 for auditing services and associated activities: Provided 

18 further, That, notwithstanding the requirements of Public 

19 Law 106–58, any unexpended funds obligated prior to fis20 cal year 2016 may be used for any other approved activi21 ties of that HIDTA, subject to reprogramming require22 ments: Provided further, That each HIDTA designated as 

23 of September 30, 2017, shall be funded at not less than 

24 the fiscal year 2017 base level, unless the Director submits 

25 to the Committees on Appropriations of the House of RepMarch 21, 2018 (6:08 p.m.)
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1 resentatives and the Senate justification for changes to 

2 those levels based on clearly articulated priorities and pub3 lished Office of National Drug Control Policy performance 

4 measures of effectiveness: Provided further, That the Di5 rector shall notify the Committees on Appropriations of 

6 the initial allocation of fiscal year 2018 funding among 

7 HIDTAs not later than 45 days after enactment of this 

8 Act, and shall notify the Committees of planned uses of 

9 discretionary HIDTA funding, as determined in consulta10 tion with the HIDTA Directors, not later than 90 days 

11 after enactment of this Act: Provided further, That upon 

12 a determination that all or part of the funds so transferred 

13 from this appropriation are not necessary for the purposes 

14 provided herein and upon notification to the Committees 

15 on Appropriations of the House of Representatives and the 

16 Senate, such amounts may be transferred back to this ap17 propriation. 

18 OTHER FEDERAL DRUG CONTROL PROGRAMS

19 (INCLUDING TRANSFERS OF FUNDS)

20 For other drug control activities authorized by the 

21 Office of National Drug Control Policy Reauthorization 

22 Act of 2006 (Public Law 109–469), $117,093,000, to re23 main available until expended, which shall be available as 

24 follows: $99,000,000 for the Drug-Free Communities Pro25 gram, of which $2,000,000 shall be made available as diMarch 21, 2018 (6:08 p.m.)
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1 rected by section 4 of Public Law 107–82, as amended 

2 by Public Law 109–469 (21 U.S.C. 1521 note); 

3 $2,000,000 for drug court training and technical assist4 ance; $9,500,000 for anti-doping activities; $2,343,000 for 

5 the United States membership dues to the World Anti6 Doping Agency; and $1,250,000 shall be made available 

7 as directed by section 1105 of Public Law 109–469; and 

8 $3,000,000, to remain available until expended, shall be 

9 for activities authorized by section 103 of Public Law 

10 114–198: Provided, That amounts made available under 

11 this heading may be transferred to other Federal depart12 ments and agencies to carry out such activities. 

13 UNANTICIPATED NEEDS

14 For expenses necessary to enable the President to 

15 meet unanticipated needs, in furtherance of the national 

16 interest, security, or defense which may arise at home or 

17 abroad during the current fiscal year, as authorized by 

18 3 U.S.C. 108, $798,000, to remain available until Sep19 tember 30, 2019. 

20 INFORMATION TECHNOLOGY OVERSIGHT AND REFORM

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses for the furtherance of inte23 grated, efficient, secure, and effective uses of information 

24 technology in the Federal Government, $19,000,000, to 

25 remain available until expended: Provided, That the DirecMarch 21, 2018 (6:08 p.m.)
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1 tor of the Office of Management and Budget may transfer 

2 these funds to one or more other agencies to carry out 

3 projects to meet these purposes. 

4 SPECIAL ASSISTANCE TO THE PRESIDENT

5 SALARIES AND EXPENSES

6 For necessary expenses to enable the Vice President 

7 to provide assistance to the President in connection with 

8 specially assigned functions; services as authorized by 5 

9 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex10 penses as authorized by 3 U.S.C. 106, which shall be ex11 pended and accounted for as provided in that section; and 

12 hire of passenger motor vehicles, $4,288,000. 

13 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

14 OPERATING EXPENSES

15 (INCLUDING TRANSFER OF FUNDS)

16 For the care, operation, refurnishing, improvement, 

17 and to the extent not otherwise provided for, heating and 

18 lighting, including electric power and fixtures, of the offi19 cial residence of the Vice President; the hire of passenger 

20 motor vehicles; and not to exceed $90,000 pursuant to 3 

21 U.S.C. 106(b)(2), $302,000: Provided, That advances, re22 payments, or transfers from this appropriation may be 

23 made to any department or agency for expenses of car24 rying out such activities. 

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1 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF

2 THE PRESIDENT AND FUNDS APPROPRIATED TO

3 THE PRESIDENT

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 201. From funds made available in this Act 

6 under the headings ‘‘The White House’’, ‘‘Executive Resi7 dence at the White House’’, ‘‘White House Repair and 

8 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National 

9 Security Council and Homeland Security Council’’, ‘‘Of10 fice of Administration’’, ‘‘Special Assistance to the Presi11 dent’’, and ‘‘Official Residence of the Vice President’’, the 

12 Director of the Office of Management and Budget (or 

13 such other officer as the President may designate in writ14 ing), may, with advance approval of the Committees on 

15 Appropriations of the House of Representatives and the 

16 Senate, transfer not to exceed 10 percent of any such ap17 propriation to any other such appropriation, to be merged 

18 with and available for the same time and for the same 

19 purposes as the appropriation to which transferred: Pro20 vided, That the amount of an appropriation shall not be 

21 increased by more than 50 percent by such transfers: Pro22 vided further, That no amount shall be transferred from 

23 ‘‘Special Assistance to the President’’ or ‘‘Official Resi24 dence of the Vice President’’ without the approval of the 

25 Vice President. 

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1 SEC. 202. Within 90 days after the date of enactment 

2 of this section, the Director of the Office of Management 

3 and Budget shall submit a report to the Committees on 

4 Appropriations of the House of Representatives and the 

5 Senate on the costs of implementing the Dodd-Frank Wall 

6 Street Reform and Consumer Protection Act (Public Law 

7 111–203). Such report shall include— 

8 (1) the estimated mandatory and discretionary 

9 obligations of funds through fiscal year 2019, by 

10 Federal agency and by fiscal year, including— 

11 (A) the estimated obligations by cost in12 puts such as rent, information technology, con13 tracts, and personnel; 

14 (B) the methodology and data sources used 

15 to calculate such estimated obligations; and 

16 (C) the specific section of such Act that re17 quires the obligation of funds; and 

18 (2) the estimated receipts through fiscal year 

19 2019 from assessments, user fees, and other fees by 

20 the Federal agency making the collections, by fiscal 

21 year, including— 

22 (A) the methodology and data sources used 

23 to calculate such estimated collections; and 

24 (B) the specific section of such Act that 

25 authorizes the collection of funds. 

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1 SEC. 203. (a) During fiscal year 2018, any Executive 

2 order or Presidential memorandum issued or revoked by 

3 the President shall be accompanied by a written statement 

4 from the Director of the Office of Management and Budg5 et on the budgetary impact, including costs, benefits, and 

6 revenues, of such order or memorandum. 

7 (b) Any such statement shall include— 

8 (1) a narrative summary of the budgetary im9 pact of such order or memorandum on the Federal 

10 Government; 

11 (2) the impact on mandatory and discretionary 

12 obligations and outlays as the result of such order 

13 or memorandum, listed by Federal agency, for each 

14 year in the 5-fiscal year period beginning in fiscal 

15 year 2018; and 

16 (3) the impact on revenues of the Federal Gov17 ernment as the result of such order or memorandum 

18 over the 5-fiscal-year period beginning in fiscal year 

19 2018. 

20 (c) If an Executive order or Presidential memo21 randum is issued during fiscal year 2018 due to a national 

22 emergency, the Director of the Office of Management and 

23 Budget may issue the statement required by subsection 

24 (a) not later than 15 days after the date that such order 

25 or memorandum is issued. 

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1 (d) The requirement for cost estimates for Presi2 dential memoranda shall only apply for Presidential 

3 memoranda estimated to have a regulatory cost in excess 

4 of $100,000,000. 

5 This title may be cited as the ‘‘Executive Office of 

6 the President Appropriations Act, 2018’’. 

March 21, 2018 (6:08 p.m.)
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1 TITLE III 

2 THE JUDICIARY 

3 SUPREME COURT OF THE UNITED STATES

4 SALARIES AND EXPENSES

5 For expenses necessary for the operation of the Su6 preme Court, as required by law, excluding care of the 

7 building and grounds, including hire of passenger motor 

8 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 

9 to exceed $10,000 for official reception and representation 

10 expenses; and for miscellaneous expenses, to be expended 

11 as the Chief Justice may approve, $82,028,000, of which 

12 $1,500,000 shall remain available until expended. 

13 In addition, there are appropriated such sums as may 

14 be necessary under current law for the salaries of the chief 

15 justice and associate justices of the court. 

16 CARE OF THE BUILDING AND GROUNDS

17 For such expenditures as may be necessary to enable 

18 the Architect of the Capitol to carry out the duties im19 posed upon the Architect by 40 U.S.C. 6111 and 6112, 

20 $16,153,000, to remain available until expended. 

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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

4 For salaries of officers and employees, and for nec5 essary expenses of the court, as authorized by law, 

6 $31,291,000. 

7 In addition, there are appropriated such sums as may 

8 be necessary under current law for the salaries of the chief 

9 judge and judges of the court. 

10 UNITED STATES COURT OF INTERNATIONAL TRADE

11 SALARIES AND EXPENSES

12 For salaries of officers and employees of the court, 

13 services, and necessary expenses of the court, as author14 ized by law, $18,889,000. 

15 In addition, there are appropriated such sums as may 

16 be necessary under current law for the salaries of the chief 

17 judge and judges of the court. 

18 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

19 JUDICIAL SERVICES

20 SALARIES AND EXPENSES

21 For the salaries of judges of the United States Court 

22 of Federal Claims, magistrate judges, and all other offi23 cers and employees of the Federal Judiciary not otherwise 

24 specifically provided for, necessary expenses of the courts, 

25 and the purchase, rental, repair, and cleaning of uniforms 

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1 for Probation and Pretrial Services Office staff, as author2 ized by law, $5,099,061,000 (including the purchase of 

3 firearms and ammunition); of which not to exceed 

4 $27,817,000 shall remain available until expended for 

5 space alteration projects and for furniture and furnishings 

6 related to new space alteration and construction projects. 

7 In addition, there are appropriated such sums as may 

8 be necessary under current law for the salaries of circuit 

9 and district judges (including judges of the territorial 

10 courts of the United States), bankruptcy judges, and jus11 tices and judges retired from office or from regular active 

12 service. 

13 In addition, for expenses of the United States Court 

14 of Federal Claims associated with processing cases under 

15 the National Childhood Vaccine Injury Act of 1986 (Pub16 lic Law 99–660), not to exceed $8,230,000, to be appro17 priated from the Vaccine Injury Compensation Trust 

18 Fund. 

19 DEFENDER SERVICES

20 For the operation of Federal Defender organizations; 

21 the compensation and reimbursement of expenses of attor22 neys appointed to represent persons under 18 U.S.C. 

23 3006A and 3599, and for the compensation and reim24 bursement of expenses of persons furnishing investigative, 

25 expert, and other services for such representations as auMarch 21, 2018 (6:08 p.m.)
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1 thorized by law; the compensation (in accordance with the 

2 maximums under 18 U.S.C. 3006A) and reimbursement 

3 of expenses of attorneys appointed to assist the court in 

4 criminal cases where the defendant has waived representa5 tion by counsel; the compensation and reimbursement of 

6 expenses of attorneys appointed to represent jurors in civil 

7 actions for the protection of their employment, as author8 ized by 28 U.S.C. 1875(d)(1); the compensation and reim9 bursement of expenses of attorneys appointed under 18 

10 U.S.C. 983(b)(1) in connection with certain judicial civil 

11 forfeiture proceedings; the compensation and reimburse12 ment of travel expenses of guardians ad litem appointed 

13 under 18 U.S.C. 4100(b); and for necessary training and 

14 general administrative expenses, $1,078,713,000 to re15 main available until expended. 

16 FEES OF JURORS AND COMMISSIONERS

17 For fees and expenses of jurors as authorized by 28 

18 U.S.C. 1871 and 1876; compensation of jury commis19 sioners as authorized by 28 U.S.C. 1863; and compensa20 tion of commissioners appointed in condemnation cases 

21 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro22 cedure (28 U.S.C. Appendix Rule 71.1(h)), $50,944,000, 

23 to remain available until expended: Provided, That the 

24 compensation of land commissioners shall not exceed the 

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1 daily equivalent of the highest rate payable under 5 U.S.C. 

2 5332. 

3 COURT SECURITY

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses, not otherwise provided for, 

6 incident to the provision of protective guard services for 

7 United States courthouses and other facilities housing 

8 Federal court operations, and the procurement, installa9 tion, and maintenance of security systems and equipment 

10 for United States courthouses and other facilities housing 

11 Federal court operations, including building ingress-egress 

12 control, inspection of mail and packages, directed security 

13 patrols, perimeter security, basic security services provided 

14 by the Federal Protective Service, and other similar activi15 ties as authorized by section 1010 of the Judicial Improve16 ment and Access to Justice Act (Public Law 100–702), 

17 $586,999,000, of which not to exceed $20,000,000 shall 

18 remain available until expended, to be expended directly 

19 or transferred to the United States Marshals Service, 

20 which shall be responsible for administering the Judicial 

21 Facility Security Program consistent with standards or 

22 guidelines agreed to by the Director of the Administrative 

23 Office of the United States Courts and the Attorney Gen24 eral. 

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1 ADMINISTRATIVE OFFICE OF THE UNITED STATES

2 COURTS

3 SALARIES AND EXPENSES

4 For necessary expenses of the Administrative Office 

5 of the United States Courts as authorized by law, includ6 ing travel as authorized by 31 U.S.C. 1345, hire of a pas7 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 

8 advertising and rent in the District of Columbia and else9 where, $90,423,000, of which not to exceed $8,500 is au10 thorized for official reception and representation expenses. 

11 FEDERAL JUDICIAL CENTER

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Judicial Cen14 ter, as authorized by Public Law 90–219, $29,265,000; 

15 of which $1,800,000 shall remain available through Sep16 tember 30, 2019, to provide education and training to 

17 Federal court personnel; and of which not to exceed 

18 $1,500 is authorized for official reception and representa19 tion expenses. 

20 UNITED STATES SENTENCING COMMISSION

21 SALARIES AND EXPENSES

22 For the salaries and expenses necessary to carry out 

23 the provisions of chapter 58 of title 28, United States 

24 Code, $18,699,000, of which not to exceed $1,000 is au25 thorized for official reception and representation expenses. 

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1 ADMINISTRATIVE PROVISIONS—THE JUDICIARY

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 301. Appropriations and authorizations made in 

4 this title which are available for salaries and expenses shall 

5 be available for services as authorized by 5 U.S.C. 3109. 

6 SEC. 302. Not to exceed 5 percent of any appropria7 tion made available for the current fiscal year for the Judi8 ciary in this Act may be transferred between such appro9 priations, but no such appropriation, except ‘‘Courts of 

10 Appeals, District Courts, and Other Judicial Services, De11 fender Services’’ and ‘‘Courts of Appeals, District Courts, 

12 and Other Judicial Services, Fees of Jurors and Commis13 sioners’’, shall be increased by more than 10 percent by 

14 any such transfers: Provided, That any transfer pursuant 

15 to this section shall be treated as a reprogramming of 

16 funds under sections 604 and 608 of this Act and shall 

17 not be available for obligation or expenditure except in 

18 compliance with the procedures set forth in section 608. 

19 SEC. 303. Notwithstanding any other provision of 

20 law, the salaries and expenses appropriation for ‘‘Courts 

21 of Appeals, District Courts, and Other Judicial Services’’ 

22 shall be available for official reception and representation 

23 expenses of the Judicial Conference of the United States: 

24 Provided, That such available funds shall not exceed 

25 $11,000 and shall be administered by the Director of the 

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1 Administrative Office of the United States Courts in the 

2 capacity as Secretary of the Judicial Conference. 

3 SEC. 304. Section 3315(a) of title 40, United States 

4 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec5 utive’’ each place it appears. 

6 SEC. 305. In accordance with 28 U.S.C. 561–569, 

7 and notwithstanding any other provision of law, the 

8 United States Marshals Service shall provide, for such 

9 courthouses as its Director may designate in consultation 

10 with the Director of the Administrative Office of the 

11 United States Courts, for purposes of a pilot program, the 

12 security services that 40 U.S.C. 1315 authorizes the De13 partment of Homeland Security to provide, except for the 

14 services specified in 40 U.S.C. 1315(b)(2)(E). For build15 ing-specific security services at these courthouses, the Di16 rector of the Administrative Office of the United States 

17 Courts shall reimburse the United States Marshals Service 

18 rather than the Department of Homeland Security. 

19 SEC. 306. (a) Section 203(c) of the Judicial Improve20 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

21 note), is amended in the matter following paragraph 12— 

22 (1) in the second sentence (relating to the Dis23 trict of Kansas), by striking ‘‘26 years and 6 

24 months’’ and inserting ‘‘27 years and 6 months’’; 

25 and 

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1 (2) in the sixth sentence (relating to the Dis2 trict of Hawaii), by striking ‘‘21 years and 6 

3 months’’ and inserting ‘‘24 years and 6 months’’. 

4 (b) Section 406 of the Transportation, Treasury, 

5 Housing and Urban Development, the Judiciary, the Dis6 trict of Columbia, and Independent Agencies Appropria7 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 

8 28 U.S.C. 133 note) is amended in the second sentence 

9 (relating to the eastern District of Missouri) by striking 

10 ‘‘24 years and 6 months’’ and inserting ‘‘25 years and 

11 6 months’’. 

12 (c) Section 312(c)(2) of the 21st Century Depart13 ment of Justice Appropriations Authorization Act (Public 

14 Law 107–273; 28 U.S.C. 133 note), is amended— 

15 (1) in the first sentence by striking ‘‘15 years’’ 

16 and inserting ‘‘16 years’’; 

17 (2) in the second sentence (relating to the cen18 tral District of California), by striking ‘‘14 years 

19 and 6 months’’ and inserting ‘‘15 years and 6 

20 months’’; and 

21 (3) in the third sentence (relating to the west22 ern district of North Carolina), by striking ‘‘13 

23 years’’ and inserting ‘‘14 years’’. 

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1 SEC. 307. (a) Section 1871(b) of title 28, United 

2 States Code, is amended in paragraph (1) by striking 

3 ‘‘$40’’ and inserting ‘‘$50’’. 

4 (b) EFFECTIVE DATE.—The amendment made in 

5 subsection (a) shall take effect 45 days after the date of 

6 enactment of this Act. 

7 This title may be cited as the ‘‘Judiciary Appropria8 tions Act, 2018’’. 

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1 TITLE IV 

2 DISTRICT OF COLUMBIA 

3 FEDERAL FUNDS

4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

5 For a Federal payment to the District of Columbia, 

6 to be deposited into a dedicated account, for a nationwide 

7 program to be administered by the Mayor, for District of 

8 Columbia resident tuition support, $40,000,000, to remain 

9 available until expended: Provided, That such funds, in10 cluding any interest accrued thereon, may be used on be11 half of eligible District of Columbia residents to pay an 

12 amount based upon the difference between in-State and 

13 out-of-State tuition at public institutions of higher edu14 cation, or to pay up to $2,500 each year at eligible private 

15 institutions of higher education: Provided further, That the 

16 awarding of such funds may be prioritized on the basis 

17 of a resident’s academic merit, the income and need of 

18 eligible students and such other factors as may be author19 ized: Provided further, That the District of Columbia gov20 ernment shall maintain a dedicated account for the Resi21 dent Tuition Support Program that shall consist of the 

22 Federal funds appropriated to the Program in this Act 

23 and any subsequent appropriations, any unobligated bal24 ances from prior fiscal years, and any interest earned in 

25 this or any fiscal year: Provided further, That the account 

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1 shall be under the control of the District of Columbia 

2 Chief Financial Officer, who shall use those funds solely 

3 for the purposes of carrying out the Resident Tuition Sup4 port Program: Provided further, That the Office of the 

5 Chief Financial Officer shall provide a quarterly financial 

6 report to the Committees on Appropriations of the House 

7 of Representatives and the Senate for these funds show8 ing, by object class, the expenditures made and the pur9 pose therefor. 

10 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

11 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

12 For a Federal payment of necessary expenses, as de13 termined by the Mayor of the District of Columbia in writ14 ten consultation with the elected county or city officials 

15 of surrounding jurisdictions, $13,000,000, to remain 

16 available until expended, for the costs of providing public 

17 safety at events related to the presence of the National 

18 Capital in the District of Columbia, including support re19 quested by the Director of the United States Secret Serv20 ice in carrying out protective duties under the direction 

21 of the Secretary of Homeland Security, and for the costs 

22 of providing support to respond to immediate and specific 

23 terrorist threats or attacks in the District of Columbia or 

24 surrounding jurisdictions. 

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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 COURTS

3 For salaries and expenses for the District of Colum4 bia Courts, $265,400,000 to be allocated as follows: for 

5 the District of Columbia Court of Appeals, $14,000,000, 

6 of which not to exceed $2,500 is for official reception and 

7 representation expenses; for the Superior Court of the 

8 District of Columbia, $121,000,000, of which not to ex9 ceed $2,500 is for official reception and representation ex10 penses; for the District of Columbia Court System, 

11 $71,500,000, of which not to exceed $2,500 is for official 

12 reception and representation expenses; and $58,900,000, 

13 to remain available until September 30, 2019, for capital 

14 improvements for District of Columbia courthouse facili15 ties: Provided, That funds made available for capital im16 provements shall be expended consistent with the District 

17 of Columbia Courts master plan study and facilities condi18 tion assessment: Provided further, That notwithstanding 

19 any other provision of law, all amounts under this heading 

20 shall be apportioned quarterly by the Office of Manage21 ment and Budget and obligated and expended in the same 

22 manner as funds appropriated for salaries and expenses 

23 of other Federal agencies: Provided further, That 30 days 

24 after providing written notice to the Committees on Ap25 propriations of the House of Representatives and the SenMarch 21, 2018 (6:08 p.m.)
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1 ate, the District of Columbia Courts may reallocate not 

2 more than $6,000,000 of the funds provided under this 

3 heading among the items and entities funded under this 

4 heading: Provided further, That the Joint Committee on 

5 Judicial Administration in the District of Columbia may, 

6 by regulation, establish a program substantially similar to 

7 the program set forth in subchapter II of chapter 35 of 

8 title 5, United States Code, for employees of the District 

9 of Columbia Courts. 

10 FEDERAL PAYMENT FOR DEFENDER SERVICES IN

11 DISTRICT OF COLUMBIA COURTS

12 (INCLUDING TRANSFER OF FUNDS)

13 For payments authorized under section 11–2604 and 

14 section 11–2605, D.C. Official Code (relating to represen15 tation provided under the District of Columbia Criminal 

16 Justice Act), payments for counsel appointed in pro17 ceedings in the Family Court of the Superior Court of the 

18 District of Columbia under chapter 23 of title 16, D.C. 

19 Official Code, or pursuant to contractual agreements to 

20 provide guardian ad litem representation, training, tech21 nical assistance, and such other services as are necessary 

22 to improve the quality of guardian ad litem representation, 

23 payments for counsel appointed in adoption proceedings 

24 under chapter 3 of title 16, D.C. Official Code, and pay25 ments authorized under section 21–2060, D.C. Official 

March 21, 2018 (6:08 p.m.)
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1 Code (relating to services provided under the District of 

2 Columbia Guardianship, Protective Proceedings, and Du3 rable Power of Attorney Act of 1986), $49,890,000, to 

4 remain available until expended: Provided, That not more 

5 than $20,000,000 in unobligated funds provided in this 

6 account may be transferred to and merged with funds 

7 made available under the heading ‘‘Federal Payment to 

8 the District of Columbia Courts,’’ to be available for the 

9 same period and purposes as funds made available under 

10 that heading for capital improvements to District of Co11 lumbia courthouse facilities: Provided, That funds pro12 vided under this heading shall be administered by the 

13 Joint Committee on Judicial Administration in the Dis14 trict of Columbia: Provided further, That, notwithstanding 

15 any other provision of law, this appropriation shall be ap16 portioned quarterly by the Office of Management and 

17 Budget and obligated and expended in the same manner 

18 as funds appropriated for expenses of other Federal agen19 cies. 

20 FEDERAL PAYMENT TO THE COURT SERVICES AND OF21 FENDER SUPERVISION AGENCY FOR THE DISTRICT

22 OF COLUMBIA

23 For salaries and expenses, including the transfer and 

24 hire of motor vehicles, of the Court Services and Offender 

25 Supervision Agency for the District of Columbia, as auMarch 21, 2018 (6:08 p.m.)
524 

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1 thorized by the National Capital Revitalization and Self2 Government Improvement Act of 1997, $244,298,000, of 

3 which not to exceed $2,000 is for official reception and 

4 representation expenses related to Community Supervision 

5 and Pretrial Services Agency programs, of which not to 

6 exceed $25,000 is for dues and assessments relating to 

7 the implementation of the Court Services and Offender 

8 Supervision Agency Interstate Supervision Act of 2002; 

9 of which $180,840,000 shall be for necessary expenses of 

10 Community Supervision and Sex Offender Registration, to 

11 include expenses relating to the supervision of adults sub12 ject to protection orders or the provision of services for 

13 or related to such persons; and of which $63,458,000 shall 

14 be available to the Pretrial Services Agency: Provided, 

15 That notwithstanding any other provision of law, all 

16 amounts under this heading shall be apportioned quarterly 

17 by the Office of Management and Budget and obligated 

18 and expended in the same manner as funds appropriated 

19 for salaries and expenses of other Federal agencies: Pro20 vided further, That amounts under this heading may be 

21 used for programmatic incentives for defendants to suc22 cessfully complete their terms of supervision. 

March 21, 2018 (6:08 p.m.)
525 

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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 PUBLIC DEFENDER SERVICE

3 For salaries and expenses, including the transfer and 

4 hire of motor vehicles, of the District of Columbia Public 

5 Defender Service, as authorized by the National Capital 

6 Revitalization and Self-Government Improvement Act of 

7 1997, $41,829,000: Provided, That notwithstanding any 

8 other provision of law, all amounts under this heading 

9 shall be apportioned quarterly by the Office of Manage10 ment and Budget and obligated and expended in the same 

11 manner as funds appropriated for salaries and expenses 

12 of Federal agencies. 

13 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

14 COORDINATING COUNCIL

15 For a Federal payment to the Criminal Justice Co16 ordinating Council, $2,000,000, to remain available until 

17 expended, to support initiatives related to the coordination 

18 of Federal and local criminal justice resources in the Dis19 trict of Columbia. 

20 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

21 For a Federal payment, to remain available until 

22 September 30, 2019, to the Commission on Judicial Dis23 abilities and Tenure, $295,000, and for the Judicial Nomi24 nation Commission, $270,000. 

March 21, 2018 (6:08 p.m.)
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1 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

2 For a Federal payment for a school improvement pro3 gram in the District of Columbia, $45,000,000, to remain 

4 available until expended, for payments authorized under 

5 the Scholarship for Opportunity and Results Act (division 

6 C of Public Law 112–10): Provided, That, to the extent 

7 that funds are available for opportunity scholarships and 

8 following the priorities included in section 3006 of such 

9 Act, the Secretary of Education shall make scholarships 

10 available to students eligible under section 3013(3) of such 

11 Act (Public Law 112–10; 125 Stat. 211) including stu12 dents who were not offered a scholarship during any pre13 vious school year: Provided further, That within funds pro14 vided for opportunity scholarships $3,200,000 shall be for 

15 the activities specified in sections 3007(b) through 

16 3007(d) and 3009 of the Act. 

17 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA

18 NATIONAL GUARD

19 For a Federal payment to the District of Columbia 

20 National Guard, $435,000, to remain available until ex21 pended for the Major General David F. Wherley, Jr. Dis22 trict of Columbia National Guard Retention and College 

23 Access Program. 

March 21, 2018 (6:08 p.m.)
527 

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1 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF

2 HIV/AIDS

3 For a Federal payment to the District of Columbia 

4 for the testing of individuals for, and the treatment of in5 dividuals with, human immunodeficiency virus and ac6 quired immunodeficiency syndrome in the District of Co7 lumbia, $5,000,000. 

8 DISTRICT OF COLUMBIA FUNDS

9 Local funds are appropriated for the District of Co10 lumbia for the current fiscal year out of the General Fund 

11 of the District of Columbia (‘‘General Fund’’) for pro12 grams and activities set forth under the heading ‘‘PART

13 A—SUMMARY OF EXPENSES’’ and at the rate set forth 

14 under such heading, as included in D.C. Bill 22–242, as 

15 amended as of the date of enactment of this Act: Provided, 

16 That notwithstanding any other provision of law, except 

17 as provided in section 450A of the District of Columbia 

18 Home Rule Act (section 1–204.50a, D.C. Official Code), 

19 sections 816 and 817 of the Financial Services and Gen20 eral Government Appropriations Act, 2009 (secs. 47– 

21 369.01 and 47–369.02, D.C. Official Code), and provi22 sions of this Act, the total amount appropriated in this 

23 Act for operating expenses for the District of Columbia 

24 for fiscal year 2018 under this heading shall not exceed 

25 the estimates included in D.C. Bill 22–242, as amended 

March 21, 2018 (6:08 p.m.)
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1 as of the date of enactment of this Act or the sum of the 

2 total revenues of the District of Columbia for such fiscal 

3 year: Provided further, That the amount appropriated may 

4 be increased by proceeds of one-time transactions, which 

5 are expended for emergency or unanticipated operating or 

6 capital needs: Provided further, That such increases shall 

7 be approved by enactment of local District law and shall 

8 comply with all reserve requirements contained in the Dis9 trict of Columbia Home Rule Act: Provided further, That 

10 the Chief Financial Officer of the District of Columbia 

11 shall take such steps as are necessary to assure that the 

12 District of Columbia meets these requirements, including 

13 the apportioning by the Chief Financial Officer of the ap14 propriations and funds made available to the District dur15 ing fiscal year 2018, except that the Chief Financial Offi16 cer may not reprogram for operating expenses any funds 

17 derived from bonds, notes, or other obligations issued for 

18 capital projects. 

19 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

20 WATER AND SEWER AUTHORITY

21 For a Federal payment to the District of Columbia 

22 Water and Sewer Authority, $14,000,000, to remain avail23 able until expended, to continue implementation of the 

24 Combined Sewer Overflow Long-Term Plan: Provided, 

March 21, 2018 (6:08 p.m.)
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1 That the District of Columbia Water and Sewer Authority 

2 provides a 100 percent match for this payment. 

3 This title may be cited as the ‘‘District of Columbia 

4 Appropriations Act, 2018’’. 

March 21, 2018 (6:08 p.m.)
530 

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1 TITLE V 

2 INDEPENDENT AGENCIES 

3 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

4 SALARIES AND EXPENSES

5 For necessary expenses of the Administrative Con6 ference of the United States, authorized by 5 U.S.C. 591 

7 et seq., $3,100,000, to remain available until September 

8 30, 2019, of which not to exceed $1,000 is for official re9 ception and representation expenses. 

10 CONSUMER PRODUCT SAFETY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Consumer Product 

13 Safety Commission, including hire of passenger motor ve14 hicles, services as authorized by 5 U.S.C. 3109, but at 

15 rates for individuals not to exceed the per diem rate equiv16 alent to the maximum rate payable under 5 U.S.C. 5376, 

17 purchase of nominal awards to recognize non-Federal offi18 cials’ contributions to Commission activities, and not to 

19 exceed $8,000 for official reception and representation ex20 penses, $126,000,000, of which $1,100,000 shall remain 

21 available until expended to carry out the program, includ22 ing administrative costs, required by section 1405 of the 

23 Virginia Graeme Baker Pool and Spa Safety Act (Public 

24 Law 110–140; 15 U.S.C. 8004). 

March 21, 2018 (6:08 p.m.)
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1 ADMINISTRATIVE PROVISIONS—CONSUMER PRODUCT

2 SAFETY COMMISSION

3 SEC. 501. During fiscal year 2018, none of the 

4 amounts made available by this Act may be used to final5 ize or implement the Safety Standard for Recreational 

6 Off-Highway Vehicles published by the Consumer Product 

7 Safety Commission in the Federal Register on November 

8 19, 2014 (79 Fed. Reg. 68964) until after— 

9 (1) the National Academy of Sciences, in con10 sultation with the National Highway Traffic Safety 

11 Administration and the Department of Defense, 

12 completes a study to determine— 

13 (A) the technical validity of the lateral sta14 bility and vehicle handling requirements pro15 posed by such standard for purposes of reduc16 ing the risk of Recreational Off-Highway Vehi17 cle (referred to in this section as ‘‘ROV’’) roll18 overs in the off-road environment, including the 

19 repeatability and reproducibility of testing for 

20 compliance with such requirements; 

21 (B) the number of ROV rollovers that 

22 would be prevented if the proposed require23 ments were adopted; 

24 (C) whether there is a technical basis for 

25 the proposal to provide information on a pointMarch 21, 2018 (6:08 p.m.)
532 

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1 of-sale hangtag about a ROV’s rollover resist2 ance on a progressive scale; and 

3 (D) the effect on the utility of ROVs used 

4 by the United States military if the proposed 

5 requirements were adopted; and 

6 (2) a report containing the results of the study 

7 completed under paragraph (1) is delivered to— 

8 (A) the Committee on Commerce, Science, 

9 and Transportation of the Senate; 

10 (B) the Committee on Energy and Com11 merce of the House of Representatives; 

12 (C) the Committee on Appropriations of 

13 the Senate; and 

14 (D) the Committee on Appropriations of 

15 the House of Representatives. 

16 ELECTION ASSISTANCE COMMISSION

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses to carry out the Help Amer20 ica Vote Act of 2002 (Public Law 107–252), $10,100,000, 

21 of which $1,500,000 shall be transferred to the National 

22 Institute of Standards and Technology for election reform 

23 activities authorized under the Help America Vote Act of 

24 2002. 

March 21, 2018 (6:08 p.m.)
533 

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1 ELECTION REFORM PROGRAM

2 Notwithstanding section 104(c)(2)(B) of the Help 

3 America Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), 

4 $380,000,000 is provided to the Election Assistance Com5 mission for necessary expenses to make payments to 

6 States for activities to improve the administration of elec7 tions for Federal office, including to enhance election tech8 nology and make election security improvements, as au9 thorized by sections 101, 103, and 104 of such Act: Pro10 vided, That each reference to the ‘‘Administrator of Gen11 eral Services’’ or the ‘‘Administrator’’ in sections 101 and 

12 103 shall be deemed to refer to the ‘‘Election Assistance 

13 Commission’’: Provided further, That each reference to 

14 ‘‘$5,000,000’’ in section 103 shall be deemed to refer to 

15 ‘‘$3,000,000’’ and each reference to ‘‘$1,000,000’’ in sec16 tion 103 shall be deemed to refer to ‘‘$600,000’’: Provided 

17 further, That not later than 45 days after the date of en18 actment of this Act, the Election Assistance Commission 

19 shall make the payments to states under this heading: 

20 Provided further, That not later than two years after re21 ceiving a payment under this heading, a state shall make 

22 available funds for such activities in an amount equal to 

23 5 percent of the total amount of the payment made to 

24 the State under this heading. 

March 21, 2018 (6:08 p.m.)
534 

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1 FEDERAL COMMUNICATIONS COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Communica4 tions Commission, as authorized by law, including uni5 forms and allowances therefor, as authorized by 5 U.S.C. 

6 5901–5902; not to exceed $4,000 for official reception and 

7 representation expenses; purchase and hire of motor vehi8 cles; special counsel fees; and services as authorized by 

9 5 U.S.C. 3109, $322,035,000, to remain available until 

10 expended: Provided, That $322,035,000 of offsetting col11 lections shall be assessed and collected pursuant to section 

12 9 of title I of the Communications Act of 1934, shall be 

13 retained and used for necessary expenses and shall remain 

14 available until expended: Provided further, That the sum 

15 herein appropriated shall be reduced as such offsetting 

16 collections are received during fiscal year 2018 so as to 

17 result in a final fiscal year 2018 appropriation estimated 

18 at $0: Provided further, That any offsetting collections re19 ceived in excess of $322,035,000 in fiscal year 2018 shall 

20 not be available for obligation: Provided further, That re21 maining offsetting collections from prior years collected in 

22 excess of the amount specified for collection in each such 

23 year and otherwise becoming available on October 1, 2017, 

24 shall not be available for obligation: Provided further, 

25 That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds 

March 21, 2018 (6:08 p.m.)
535 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 from the use of a competitive bidding system that may 

2 be retained and made available for obligation shall not ex3 ceed $111,150,000 for fiscal year 2018: Provided further, 

4 That, of the amount appropriated under this heading, not 

5 less than $11,020,000 shall be for the salaries and ex6 penses of the Office of Inspector General. 

7 ADMINISTRATIVE PROVISIONS—FEDERAL

8 COMMUNICATIONS COMMISSION

9 SEC. 510. None of the funds appropriated by this Act 

10 may be used by the Federal Communications Commission 

11 to modify, amend, or change its rules or regulations for 

12 universal service support payments to implement the Feb13 ruary 27, 2004 recommendations of the Federal-State 

14 Joint Board on Universal Service regarding single connec15 tion or primary line restrictions on universal service sup16 port payments. 

17 SEC. 511. Section 6403 of the Middle Class Tax Re18 lief and Job Creation Act of 2012 (47 U.S.C. 1452) is 

19 amended by adding at the end the following: 

20 ‘‘(j) RESERVE SOURCE FOR PAYMENT OF RELOCA21 TION COSTS.— 

22 ‘‘(1) FUNDING.—There are hereby authorized 

23 to be appropriated, and appropriated, to the TV 

24 Broadcaster Relocation Fund established by subMarch 21, 2018 (6:08 p.m.)
536 

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1 section (d), out of any monies in the Treasury not 

2 otherwise appropriated— 

3 ‘‘(A) for fiscal year 2018, $600,000,000, 

4 to remain available, notwithstanding subsection 

5 (d)(4), until not later than July 3, 2023, pursu6 ant to this subsection; and 

7 ‘‘(B) for fiscal year 2019, $400,000,000, 

8 to remain available, notwithstanding subsection 

9 (d)(4), until not later than July 3, 2023, pursu10 ant to this subsection. 

11 ‘‘(2) AVAILABILITY OF FUNDS.— 

12 ‘‘(A) IN GENERAL.—If the Commission 

13 makes the certification described in subpara14 graph (B), amounts made available to the TV 

15 Broadcaster Relocation Fund by paragraph (1) 

16 shall be available to the Commission to make— 

17 ‘‘(i) reimbursements pursuant to sub18 section (b)(4)(A)(i) or (b)(4)(A)(ii), includ19 ing not more than $350,000,000 for this 

20 purpose from funds made available by 

21 paragraph (1)(A); 

22 ‘‘(ii) payments required by subsection 

23 (k), including not more than $150,000,000 

24 for this purpose from funds made available 

25 by paragraph (1)(A); 

March 21, 2018 (6:08 p.m.)
537 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ‘‘(iii) payments required by subsection 

2 (l), including not more than $50,000,000 

3 for this purpose from funds made available 

4 by paragraph (1)(A); and 

5 ‘‘(iv) payments solely for the purposes 

6 of consumer education relating to the reor7 ganization of broadcast television spectrum 

8 under subsection (b), including 

9 $50,000,000 for this purpose from funds 

10 made available by paragraph (1)(A). 

11 ‘‘(B) CERTIFICATION.—The certification 

12 described in this subparagraph is a certification 

13 from the Commission to the Secretary of the 

14 Treasury that the funds available prior to the 

15 date of enactment of this subsection in the TV 

16 Broadcaster Relocation Fund are likely to be 

17 insufficient to reimburse reasonably incurred 

18 costs described in subsection (b)(4)(A)(i) or 

19 (b)(4)(A)(ii). 

20 ‘‘(C) AVAILABILITY FOR PAYMENTS AFTER

21 APRIL 13, 2020.— 

22 ‘‘(i) FOR PAYMENTS TO BROADCAST

23 TELEVISION LICENSEES AND MVPDS.— 

24 Notwithstanding subsection (b)(4)(D), the 

25 Commission may make payments pursuant 

March 21, 2018 (6:08 p.m.)
538 

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1 to subsection (b)(4)(A)(i) or (b)(4)(A)(ii) 

2 from amounts made available to the TV 

3 Broadcaster Relocation Fund by para4 graph (1) after April 13, 2020, if, before 

5 making any such payments after such 

6 date, the Commission submits to Congress 

7 a certification that such payments are nec8 essary to reimburse reasonably incurred 

9 costs described in such subsection. 

10 ‘‘(ii) FOR PAYMENTS TO TELEVISION

11 TRANSLATOR STATIONS AND LOW POWER

12 TELEVISION STATIONS.—Amounts made 

13 available to the TV Broadcaster Relocation 

14 Fund by paragraph (1) shall not be avail15 able to the Commission to make payments 

16 required by subsection (k) after April 13, 

17 2020, unless, before making any such pay18 ments after such date, the Commission 

19 submits to Congress a certification that 

20 such payments are necessary to reimburse 

21 costs reasonably incurred by a television 

22 translator station or low power television 

23 station (as such terms are defined in sub24 section (k)) on or after January 1, 2017, 

25 in order for such station to relocate its telMarch 21, 2018 (6:08 p.m.)
539 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 evision service from one channel to another 

2 channel or otherwise modify its facility as 

3 a result of the reorganization of broadcast 

4 television spectrum under subsection (b). 

5 ‘‘(iii) FOR PAYMENTS TO FM BROAD6 CAST STATIONS.—Amounts made available 

7 to the TV Broadcaster Relocation Fund by 

8 paragraph (1) shall not be available to the 

9 Commission to make payments required by 

10 subsection (l) after April 13, 2020, unless, 

11 before making any such payments after 

12 such date, the Commission submits to Con13 gress a certification that such payments 

14 are necessary to reimburse costs reason15 ably incurred by an FM broadcast station 

16 (as defined in subsection (l)) for facilities 

17 necessary for such station to reasonably 

18 minimize disruption of service as a result 

19 of the reorganization of broadcast tele20 vision spectrum under subsection (b). 

21 ‘‘(3) UNUSED FUNDS RESCINDED AND DEPOS22 ITED INTO THE GENERAL FUND OF THE TREAS23 URY.— 

24 ‘‘(A) RESCISSION AND DEPOSIT.—If any 

25 unobligated amounts made available to the TV 

March 21, 2018 (6:08 p.m.)
540 

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1 Broadcaster Relocation Fund by paragraph (1) 

2 remain in the Fund after the date described in 

3 subparagraph (B), such amounts shall be re4 scinded and deposited into the general fund of 

5 the Treasury, where such amounts shall be 

6 dedicated for the sole purpose of deficit reduc7 tion. 

8 ‘‘(B) DATE DESCRIBED.—The date de9 scribed in this subparagraph is the earlier of— 

10 ‘‘(i) the date of a certification by the 

11 Commission under subparagraph (C) that 

12 all reimbursements pursuant to subsections 

13 (b)(4)(A)(i) and (b)(4)(A)(ii) have been 

14 made and that all reimbursements pursu15 ant to subsections (k) and (l) have been 

16 made; or 

17 ‘‘(ii) July 3, 2023. 

18 ‘‘(C) CERTIFICATION.—If all reimburse19 ments pursuant to subsections (b)(4)(A)(i) and 

20 (b)(4)(A)(ii) and all reimbursements pursuant 

21 to subsections (k) and (l) have been made be22 fore July 3, 2023, the Commission shall submit 

23 to the Secretary of the Treasury a certification 

24 that all such reimbursements have been made. 

March 21, 2018 (6:08 p.m.)
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1 ‘‘(4) ADMINISTRATIVE COSTS.—The amount of 

2 auction proceeds that the salaries and expenses ac3 count of the Commission is required to retain under 

4 section 309(j)(8)(B) of the Communications Act of 

5 1934 (47 U.S.C. 309(j)(8)(B)), including from the 

6 proceeds of the forward auction under this section, 

7 shall be sufficient to cover the administrative costs 

8 incurred by the Commission in making any reim9 bursements out of the TV Broadcaster Relocation 

10 Fund from amounts made available to that Fund by 

11 paragraph (1). 

12 ‘‘(k) PAYMENT OF RELOCATION COSTS OF TELE13 VISION TRANSLATOR STATIONS AND LOW POWER TELE14 VISION STATIONS.— 

15 ‘‘(1) PAYMENT REQUIRED.—From amounts 

16 made available under subsection (j)(2), the Commis17 sion shall reimburse costs reasonably incurred by a 

18 television translator station or low power television 

19 station on or after January 1, 2017, in order for 

20 such station to relocate its television service from 

21 one channel to another channel or otherwise modify 

22 its facility as a result of the reorganization of broad23 cast television spectrum under subsection (b). Only 

24 stations that are eligible to file and do file an appli25 cation in the Commission’s Special Displacement 

March 21, 2018 (6:08 p.m.)
542 

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1 Window are eligible to seek reimbursement under 

2 this paragraph. 

3 ‘‘(2) LIMITATION.—The Commission may not 

4 make reimbursements under paragraph (1) for lost 

5 revenues. 

6 ‘‘(3) DUPLICATIVE PAYMENTS PROHIBITED.— 

7 In the case of a low power television station that has 

8 been accorded primary status as a Class A television 

9 licensee under section 73.6001(a) of title 47, Code 

10 of Federal Regulations— 

11 ‘‘(A) if the licensee of such station has re12 ceived reimbursement with respect to such sta13 tion under subsection (b)(4)(A)(i) (including 

14 from amounts made available under subsection 

15 (j)(2)(A)(i)), or from any other source, such 

16 station may not receive reimbursement under 

17 paragraph (1); and 

18 ‘‘(B) if such station has received reim19 bursement under paragraph (1), the licensee of 

20 such station may not receive reimbursement 

21 with respect to such station under subsection 

22 (b)(4)(A)(i). 

23 ‘‘(4) ADDITIONAL LIMITATION.—The Commis24 sion may not make reimbursement under paragraph 

25 (1) for costs incurred to resolve mutually exclusive 

March 21, 2018 (6:08 p.m.)
543 

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1 applications, including costs incurred in any auction 

2 of available channels. 

3 ‘‘(5) DEFINITIONS.—In this subsection: 

4 ‘‘(A) LOW POWER TELEVISION STATION.— 

5 The term ‘low power television station’ means a 

6 low power TV station (as defined in section 

7 74.701 of title 47, Code of Federal Regula8 tions) that was licensed and transmitting for at 

9 least 9 of the 12 months prior to April 13, 

10 2017. For purposes of the preceding sentence, 

11 the operation of analog and digital companion 

12 facilities may be combined. 

13 ‘‘(B) TELEVISION TRANSLATOR STA14 TION.—The term ‘television translator station’ 

15 means a television broadcast translator station 

16 (as defined in section 74.701 of title 47, Code 

17 of Federal Regulations) that was licensed and 

18 transmitting for at least 9 of the 12 months 

19 prior to April 13, 2017. For purposes of the 

20 preceding sentence, the operation of analog and 

21 digital companion facilities may be combined. 

22 ‘‘(l) PAYMENT OF RELOCATION COSTS OF FM

23 BROADCAST STATIONS.— 

24 ‘‘(1) PAYMENT REQUIRED.— 

March 21, 2018 (6:08 p.m.)
544 

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1 ‘‘(A) IN GENERAL.—From amounts made 

2 available under subsection (j)(2), the Commis3 sion shall reimburse costs reasonably incurred 

4 by an FM broadcast station for facilities nec5 essary for such station to reasonably minimize 

6 disruption of service as a result of the reorga7 nization of broadcast television spectrum under 

8 subsection (b). 

9 ‘‘(B) LIMITATION.—The Commission may 

10 not make reimbursements under subparagraph 

11 (A) for lost revenues. 

12 ‘‘(C) DUPLICATIVE PAYMENTS PROHIB13 ITED.—If an FM broadcast station has received 

14 a payment for interim facilities from the li15 censee of a television broadcast station that was 

16 reimbursed for such payment under subsection 

17 (b)(4)(A)(i) (including from amounts made 

18 available under subsection (j)(2)(A)(i)), or from 

19 any other source, such FM broadcast station 

20 may not receive any reimbursements under sub21 paragraph (A). 

22 ‘‘(2) FM BROADCAST STATION DEFINED.—In 

23 this subsection, the term ‘FM broadcast station’ has 

24 the meaning given such term in section 73.310 of 

25 title 47, Code of Federal Regulations, and includes 

March 21, 2018 (6:08 p.m.)
545 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 an FM translator, which has the meaning given the 

2 term ‘FM translator’ in section 74.1201 of such 

3 title. 

4 ‘‘(m) RULEMAKING.— 

5 ‘‘(1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this subsection, the Com7 mission shall complete a rulemaking to implement 

8 subsections (k) and (l). 

9 ‘‘(2) MATTERS FOR INCLUSION.—The rule10 making completed under paragraph (1) shall include 

11 the development of lists of reasonable eligible costs 

12 to be reimbursed by the Commission pursuant to 

13 subsections (k) and (l), and procedures for the sub14 mission and review of cost estimates and other mate15 rials related to those costs consistent with the regu16 lations developed by the Commission pursuant to 

17 subsection (b)(4). 

18 ‘‘(n) RULE OF CONSTRUCTION.— 

19 ‘‘(1) Nothing in subsections (j) through (m) 

20 shall alter the final transition phase completion date 

21 established by the Commission for full power and 

22 Class A television stations.’’. 

March 21, 2018 (6:08 p.m.)
546 

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1 FEDERAL DEPOSIT INSURANCE CORPORATION

2 OFFICE OF THE INSPECTOR GENERAL

3 For necessary expenses of the Office of Inspector 

4 General in carrying out the provisions of the Inspector 

5 General Act of 1978, $39,136,000, to be derived from the 

6 Deposit Insurance Fund or, only when appropriate, the 

7 FSLIC Resolution Fund. 

8 FEDERAL ELECTION COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses to carry out the provisions 

11 of the Federal Election Campaign Act of 1971, 

12 $71,250,000, of which not to exceed $5,000 shall be avail13 able for reception and representation expenses. 

14 FEDERAL LABOR RELATIONS AUTHORITY

15 SALARIES AND EXPENSES

16 For necessary expenses to carry out functions of the 

17 Federal Labor Relations Authority, pursuant to Reorga18 nization Plan Numbered 2 of 1978, and the Civil Service 

19 Reform Act of 1978, including services authorized by 5 

20 U.S.C. 3109, and including hire of experts and consult21 ants, hire of passenger motor vehicles, and including offi22 cial reception and representation expenses (not to exceed 

23 $1,500) and rental of conference rooms in the District of 

24 Columbia and elsewhere, $26,200,000: Provided, That 

25 public members of the Federal Service Impasses Panel 

March 21, 2018 (6:08 p.m.)
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1 may be paid travel expenses and per diem in lieu of sub2 sistence as authorized by law (5 U.S.C. 5703) for persons 

3 employed intermittently in the Government service, and 

4 compensation as authorized by 5 U.S.C. 3109: Provided 

5 further, That, notwithstanding 31 U.S.C. 3302, funds re6 ceived from fees charged to non-Federal participants at 

7 labor-management relations conferences shall be credited 

8 to and merged with this account, to be available without 

9 further appropriation for the costs of carrying out these 

10 conferences. 

11 FEDERAL TRADE COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Trade Com14 mission, including uniforms or allowances therefor, as au15 thorized by 5 U.S.C. 5901–5902; services as authorized 

16 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 

17 not to exceed $2,000 for official reception and representa18 tion expenses, $306,317,000, to remain available until ex19 pended: Provided, That not to exceed $300,000 shall be 

20 available for use to contract with a person or persons for 

21 collection services in accordance with the terms of 31 

22 U.S.C. 3718: Provided further, That, notwithstanding any 

23 other provision of law, not to exceed $126,000,000 of off24 setting collections derived from fees collected for 

25 premerger notification filings under the Hart-Scott-RoMarch 21, 2018 (6:08 p.m.)
548 

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1 dino Antitrust Improvements Act of 1976 (15 U.S.C. 

2 18a), regardless of the year of collection, shall be retained 

3 and used for necessary expenses in this appropriation: 

4 Provided further, That, notwithstanding any other provi5 sion of law, not to exceed $16,000,000 in offsetting collec6 tions derived from fees sufficient to implement and enforce 

7 the Telemarketing Sales Rule, promulgated under the 

8 Telemarketing and Consumer Fraud and Abuse Preven9 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 

10 account, and be retained and used for necessary expenses 

11 in this appropriation: Provided further, That the sum here12 in appropriated from the general fund shall be reduced 

13 as such offsetting collections are received during fiscal 

14 year 2018, so as to result in a final fiscal year 2018 appro15 priation from the general fund estimated at not more than 

16 $164,317,000: Provided further, That none of the funds 

17 made available to the Federal Trade Commission may be 

18 used to implement subsection (e)(2)(B) of section 43 of 

19 the Federal Deposit Insurance Act (12 U.S.C. 1831t). 

March 21, 2018 (6:08 p.m.)
549 

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1 GENERAL SERVICES ADMINISTRATION

2 REAL PROPERTY ACTIVITIES

3 FEDERAL BUILDINGS FUND

4 LIMITATIONS ON AVAILABILITY OF REVENUE

5 (INCLUDING TRANSFERS OF FUNDS)

6 Amounts in the Fund, including revenues and collec7 tions deposited into the Fund, shall be available for nec8 essary expenses of real property management and related 

9 activities not otherwise provided for, including operation, 

10 maintenance, and protection of federally owned and leased 

11 buildings; rental of buildings in the District of Columbia; 

12 restoration of leased premises; moving governmental agen13 cies (including space adjustments and telecommunications 

14 relocation expenses) in connection with the assignment, al15 location, and transfer of space; contractual services inci16 dent to cleaning or servicing buildings, and moving; repair 

17 and alteration of federally owned buildings, including 

18 grounds, approaches, and appurtenances; care and safe19 guarding of sites; maintenance, preservation, demolition, 

20 and equipment; acquisition of buildings and sites by pur21 chase, condemnation, or as otherwise authorized by law; 

22 acquisition of options to purchase buildings and sites; con23 version and extension of federally owned buildings; pre24 liminary planning and design of projects by contract or 

25 otherwise; construction of new buildings (including equipMarch 21, 2018 (6:08 p.m.)
550 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ment for such buildings); and payment of principal, inter2 est, and any other obligations for public buildings acquired 

3 by installment purchase and purchase contract; in the ag4 gregate amount of $9,073,938,000, of which— 

5 (1) $692,069,000 shall remain available until 

6 expended for construction and acquisition (including 

7 funds for sites and expenses, and associated design 

8 and construction services) as follows: 

9 (A) $132,979,000 shall be for the Alexan10 dria Bay, New York, Land Port of Entry; 

11 (B) $121,848,000 shall be for the San 

12 Diego, California, Otay Mesa Land Port of 

13 Entry; 

14 (C) $137,242,000 shall be for the Harris15 burg, Pennsylvania, United States Courthouse, 

16 as requested by the Federal Judiciary; 

17 (D) $110,000,000 shall be for the Hunts18 ville, Alabama, United States Courthouse, as 

19 requested by the Federal Judiciary; 

20 (E) $190,000,000 shall be for the Fort 

21 Lauderdale, Florida, United States Courthouse, 

22 as requested by the Federal Judiciary: 

23 Provided, That each of the foregoing limits of costs 

24 on new construction and acquisition projects may be 

25 exceeded to the extent that savings are effected in 

March 21, 2018 (6:08 p.m.)
551 

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1 other such projects, but not to exceed 10 percent of 

2 the amounts included in a transmitted prospectus, if 

3 required, unless advance approval is obtained from 

4 the Committees on Appropriations of a greater 

5 amount; 

6 (2) $666,335,000 shall remain available until 

7 expended for repairs and alterations, including asso8 ciated design and construction services, of which— 

9 (A) $289,245,000 is for Major Repairs and 

10 Alterations; 

11 (B) $312,090,000 is for Basic Repairs and 

12 Alterations; and 

13 (C) $65,000,000 is for Special Emphasis 

14 Programs, of which— 

15 (i) $25,000,000 is for Fire and Life 

16 Safety; 

17 (ii) $20,000,000 is for Judiciary Cap18 ital Security; and 

19 (iii) $20,000,000 is for Consolidation 

20 Activities: Provided, That consolidation 

21 projects result in reduced annual rent paid 

22 by the tenant agency: Provided further, 

23 That no consolidation project exceed 

24 $10,000,000 in costs: Provided further, 

25 That consolidation projects are approved 

March 21, 2018 (6:08 p.m.)
552 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 by each of the committees specified in sec2 tion 3307(a) of title 40, United States 

3 Code: Provided further, That preference is 

4 given to consolidation projects that achieve 

5 a utilization rate of 130 usable square feet 

6 or less per person for office space: Pro7 vided further, That the obligation of funds 

8 under this paragraph for consolidation ac9 tivities may not be made until 10 days 

10 after a proposed spending plan and expla11 nation for each project to be undertaken, 

12 including estimated savings, has been sub13 mitted to the Committees on Appropria14 tions of the House of Representatives and 

15 the Senate: 

16 Provided, That funds made available in this or any 

17 previous Act in the Federal Buildings Fund for Re18 pairs and Alterations shall, for prospectus projects, 

19 be limited to the amount identified for each project, 

20 except each project in this or any previous Act may 

21 be increased by an amount not to exceed 10 percent 

22 unless advance approval is obtained from the Com23 mittees on Appropriations of a greater amount: Pro24 vided further, That additional projects for which 

25 prospectuses have been fully approved may be fundMarch 21, 2018 (6:08 p.m.)
553 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ed under this category only if advance approval is 

2 obtained from the Committees on Appropriations: 

3 Provided further, That the amounts provided in this 

4 or any prior Act for ‘‘Repairs and Alterations’’ may 

5 be used to fund costs associated with implementing 

6 security improvements to buildings necessary to 

7 meet the minimum standards for security in accord8 ance with current law and in compliance with the re9 programming guidelines of the appropriate Commit10 tees of the House and Senate: Provided further, That 

11 the difference between the funds appropriated and 

12 expended on any projects in this or any prior Act, 

13 under the heading ‘‘Repairs and Alterations’’, may 

14 be transferred to Basic Repairs and Alterations or 

15 used to fund authorized increases in prospectus 

16 projects: Provided further, That the amount provided 

17 in this or any prior Act for Basic Repairs and Alter18 ations may be used to pay claims against the Gov19 ernment arising from any projects under the heading 

20 ‘‘Repairs and Alterations’’ or used to fund author21 ized increases in prospectus projects; 

22 (3) $5,493,768,000 for rental of space to re23 main available until expended; and 

24 (4) $2,221,766,000 for building operations to 

25 remain available until expended, of which 

March 21, 2018 (6:08 p.m.)
554 

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1 $1,146,089,000 is for building services, and 

2 $1,075,677,000 is for salaries and expenses: Pro3 vided, That not to exceed 5 percent of any appro4 priation made available under this paragraph for 

5 building operations may be transferred between and 

6 merged with such appropriations upon notification 

7 to the Committees on Appropriations of the House 

8 of Representatives and the Senate, but no such ap9 propriation shall be increased by more than 5 per10 cent by any such transfers: Provided further, That 

11 section 521 of this title shall not apply with respect 

12 to funds made available under this heading for 

13 building operations: Provided further, That the total 

14 amount of funds made available from this Fund to 

15 the General Services Administration shall not be 

16 available for expenses of any construction, repair, al17 teration and acquisition project for which a pro18 spectus, if required by 40 U.S.C. 3307(a), has not 

19 been approved, except that necessary funds may be 

20 expended for each project for required expenses for 

21 the development of a proposed prospectus: Provided 

22 further, That funds available in the Federal Build23 ings Fund may be expended for emergency repairs 

24 when advance approval is obtained from the Com25 mittees on Appropriations: Provided further, That 

March 21, 2018 (6:08 p.m.)
555 

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1 amounts necessary to provide reimbursable special 

2 services to other agencies under 40 U.S.C. 592(b)(2) 

3 and amounts to provide such reimbursable fencing, 

4 lighting, guard booths, and other facilities on private 

5 or other property not in Government ownership or 

6 control as may be appropriate to enable the United 

7 States Secret Service to perform its protective func8 tions pursuant to 18 U.S.C. 3056, shall be available 

9 from such revenues and collections: Provided further, 

10 That revenues and collections and any other sums 

11 accruing to this Fund during fiscal year 2018, ex12 cluding reimbursements under 40 U.S.C. 592(b)(2), 

13 in excess of the aggregate new obligational authority 

14 authorized for Real Property Activities of the Fed15 eral Buildings Fund in this Act shall remain in the 

16 Fund and shall not be available for expenditure ex17 cept as authorized in appropriations Acts. 

18 GENERAL ACTIVITIES

19 GOVERNMENT-WIDE POLICY

20 For expenses authorized by law, not otherwise pro21 vided for, for Government-wide policy and evaluation ac22 tivities associated with the management of real and per23 sonal property assets and certain administrative services; 

24 Government-wide policy support responsibilities relating to 

25 acquisition, travel, motor vehicles, information technology 

March 21, 2018 (6:08 p.m.)
556 

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1 management, and related technology activities; and serv2 ices as authorized by 5 U.S.C. 3109; $53,499,000. 

3 OPERATING EXPENSES

4 For expenses authorized by law, not otherwise pro5 vided for, for Government-wide activities associated with 

6 utilization and donation of surplus personal property; dis7 posal of real property; agency-wide policy direction, man8 agement, and communications; and services as authorized 

9 by 5 U.S.C. 3109; $45,645,000, of which $24,357,000 is 

10 for Real and Personal Property Management and Dis11 posal; $21,288,000 is for the Office of the Administrator, 

12 of which not to exceed $7,500 is for official reception and 

13 representation expenses. 

14 CIVILIAN BOARD OF CONTRACT APPEALS

15 For expenses authorized by law, not otherwise pro16 vided for, for the activities associated with the Civilian 

17 Board of Contract Appeals, $8,795,000. 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector 

20 General and service authorized by 5 U.S.C. 3109, 

21 $65,000,000: Provided, That not to exceed $50,000 shall 

22 be available for payment for information and detection of 

23 fraud against the Government, including payment for re24 covery of stolen Government property: Provided further, 

25 That not to exceed $2,500 shall be available for awards 

March 21, 2018 (6:08 p.m.)
557 

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1 to employees of other Federal agencies and private citizens 

2 in recognition of efforts and initiatives resulting in en3 hanced Office of Inspector General effectiveness. 

4 ALLOWANCES AND OFFICE STAFF FOR FORMER

5 PRESIDENTS

6 For carrying out the provisions of the Act of August 

7 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 

8 $4,754,000. 

9 FEDERAL CITIZEN SERVICES FUND

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses of the Office of Products and 

12 Programs, including services authorized by 40 U.S.C. 323 

13 and 44 U.S.C. 3604; and for necessary expenses in sup14 port of interagency projects that enable the Federal Gov15 ernment to enhance its ability to conduct activities elec16 tronically, through the development and implementation of 

17 innovative uses of information technology; $50,000,000, to 

18 be deposited into the Federal Citizen Services Fund: Pro19 vided, That the previous amount may be transferred to 

20 Federal agencies to carry out the purpose of the Federal 

21 Citizen Services Fund: Provided further, That the appro22 priations, revenues, reimbursements, and collections de23 posited into the Fund shall be available until expended for 

24 necessary expenses of Federal Citizen Services and other 

25 activities that enable the Federal Government to enhance 

March 21, 2018 (6:08 p.m.)
558 

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1 its ability to conduct activities electronically in the aggre2 gate amount not to exceed $100,000,000: Provided fur3 ther, That appropriations, revenues, reimbursements, and 

4 collections accruing to this Fund during fiscal year 2018 

5 in excess of such amount shall remain in the Fund and 

6 shall not be available for expenditure except as authorized 

7 in appropriations Acts: Provided further, That any appro8 priations provided to the Electronic Government Fund 

9 that remain unobligated may be transferred to the Federal 

10 Citizen Services Fund: Provided further, That the transfer 

11 authorities provided herein shall be in addition to any 

12 other transfer authority provided in this Act. 

13 TECHNOLOGY MODERNIZATION FUND

14 For the Technology Modernization Fund, 

15 $100,000,000, to remain available until expended, for 

16 technology-related modernization activities. 

17 ASSET PROCEEDS AND SPACE MANAGEMENT FUND

18 For carrying out the purposes of the Federal Assets 

19 Sale and Transfer Act of 2016 (Public Law 114–287), 

20 $5,000,000, to be deposited into the Asset Proceeds and 

21 Space Management Fund, to remain available until ex22 pended. 

23 ENVIRONMENTAL REVIEW IMPROVEMENT FUND

24 For necessary expenses of the Environmental Review 

25 Improvement Fund established pursuant to 42 U.S.C. 

March 21, 2018 (6:08 p.m.)
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1 4370m-8(d), $1,000,000, to remain available until ex2 pended. 

3 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES

4 ADMINISTRATION

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 520. Funds available to the General Services 

7 Administration shall be available for the hire of passenger 

8 motor vehicles. 

9 SEC. 521. Funds in the Federal Buildings Fund 

10 made available for fiscal year 2018 for Federal Buildings 

11 Fund activities may be transferred between such activities 

12 only to the extent necessary to meet program require13 ments: Provided, That any proposed transfers shall be ap14 proved in advance by the Committees on Appropriations 

15 of the House of Representatives and the Senate. 

16 SEC. 522. Except as otherwise provided in this title, 

17 funds made available by this Act shall be used to transmit 

18 a fiscal year 2019 request for United States Courthouse 

19 construction only if the request: (1) meets the design guide 

20 standards for construction as established and approved by 

21 the General Services Administration, the Judicial Con22 ference of the United States, and the Office of Manage23 ment and Budget; (2) reflects the priorities of the Judicial 

24 Conference of the United States as set out in its approved 

25 Courthouse Project Priorities plan; and (3) includes a 

March 21, 2018 (6:08 p.m.)
560 

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1 standardized courtroom utilization study of each facility 

2 to be constructed, replaced, or expanded. 

3 SEC. 523. None of the funds provided in this Act may 

4 be used to increase the amount of occupiable square feet, 

5 provide cleaning services, security enhancements, or any 

6 other service usually provided through the Federal Build7 ings Fund, to any agency that does not pay the rate per 

8 square foot assessment for space and services as deter9 mined by the General Services Administration in consider10 ation of the Public Buildings Amendments Act of 1972 

11 (Public Law 92–313). 

12 SEC. 524. From funds made available under the 

13 heading Federal Buildings Fund, Limitations on Avail14 ability of Revenue, claims against the Government of less 

15 than $250,000 arising from direct construction projects 

16 and acquisition of buildings may be liquidated from sav17 ings effected in other construction projects with prior noti18 fication to the Committees on Appropriations of the House 

19 of Representatives and the Senate. 

20 SEC. 525. In any case in which the Committee on 

21 Transportation and Infrastructure of the House of Rep22 resentatives and the Committee on Environment and Pub23 lic Works of the Senate adopt a resolution granting lease 

24 authority pursuant to a prospectus transmitted to Con25 gress by the Administrator of the General Services AdminMarch 21, 2018 (6:08 p.m.)
561 

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1 istration under 40 U.S.C. 3307, the Administrator shall 

2 ensure that the delineated area of procurement is identical 

3 to the delineated area included in the prospectus for all 

4 lease agreements, except that, if the Administrator deter5 mines that the delineated area of the procurement should 

6 not be identical to the delineated area included in the pro7 spectus, the Administrator shall provide an explanatory 

8 statement to each of such committees and the Committees 

9 on Appropriations of the House of Representatives and the 

10 Senate prior to exercising any lease authority provided in 

11 the resolution. 

12 SEC. 526. With respect to each project funded under 

13 the heading ‘‘Major Repairs and Alterations’’ or ‘‘Judici14 ary Capital Security Program’’, and with respect to E15 Government projects funded under the heading ‘‘Federal 

16 Citizen Services Fund’’, the Administrator of General 

17 Services shall submit a spending plan and explanation for 

18 each project to be undertaken to the Committees on Ap19 propriations of the House of Representatives and the Sen20 ate not later than 60 days after the date of enactment 

21 of this Act. 

22 SEC. 527. Section 16 of the Federal Assets Sale and 

23 Transfer Act of 2016 (Public Law 114–287) is amend24 ed— 

March 21, 2018 (6:08 p.m.)
562 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 (1) by inserting the following at the end of sub2 paragraph (a)(1): ‘‘The Account shall be under the 

3 custody and control of the Chairperson of the Board 

4 and deposits in the Account shall remain available 

5 until expended.’’; 

6 (2) by striking subparagraph (b)(1) and insert7 ing in lieu thereof the following: 

8 ‘‘(1) ESTABLISHMENT.—There is established in 

9 the Treasury of the United States an account to be 

10 known as the ‘Public Buildings Reform Board— 

11 Asset Proceeds and Space Management Fund’ (in 

12 this subsection referred to as the ‘Fund’). The Fund 

13 shall be under the custody and control of the Admin14 istrator of General Services and deposits in the 

15 Fund shall remain available until expended.’’. 

16 HARRY S TRUMAN SCHOLARSHIP FOUNDATION

17 SALARIES AND EXPENSES

18 For payment to the Harry S Truman Scholarship 

19 Foundation Trust Fund, established by section 10 of Pub20 lic Law 93–642, $1,000,000, to remain available until ex21 pended. 

March 21, 2018 (6:08 p.m.)
563 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 MERIT SYSTEMS PROTECTION BOARD

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out functions of the 

5 Merit Systems Protection Board pursuant to Reorganiza6 tion Plan Numbered 2 of 1978, the Civil Service Reform 

7 Act of 1978, and the Whistleblower Protection Act of 

8 1989 (5 U.S.C. 5509 note), including services as author9 ized by 5 U.S.C. 3109, rental of conference rooms in the 

10 District of Columbia and elsewhere, hire of passenger 

11 motor vehicles, direct procurement of survey printing, and 

12 not to exceed $2,000 for official reception and representa13 tion expenses, $44,490,000, to remain available until Sep14 tember 30, 2019, and in addition not to exceed 

15 $2,345,000, to remain available until September 30, 2019, 

16 for administrative expenses to adjudicate retirement ap17 peals to be transferred from the Civil Service Retirement 

18 and Disability Fund in amounts determined by the Merit 

19 Systems Protection Board. 

20 MORRIS K. UDALL AND STEWART L. UDALL

21 FOUNDATION

22 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For payment to the Morris K. Udall and Stewart L. 

25 Udall Trust Fund, pursuant to the Morris K. Udall and 

March 21, 2018 (6:08 p.m.)
564 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et 

2 seq.), $1,975,000, to remain available until expended, of 

3 which, notwithstanding sections 8 and 9 of such Act: (1) 

4 up to $50,000 shall be used to conduct financial audits 

5 pursuant to the Accountability of Tax Dollars Act of 2002 

6 (Public Law 107–289); and (2) up to $1,000,000 shall 

7 be available to carry out the activities authorized by sec8 tion 6(7) of Public Law 102–259 and section 817(a) of 

9 Public Law 106–568 (20 U.S.C. 5604(7)): Provided, That 

10 of the total amount made available under this heading 

11 $200,000 shall be transferred to the Office of Inspector 

12 General of the Department of the Interior, to remain 

13 available until expended, for audits and investigations of 

14 the Morris K. Udall and Stewart L. Udall Foundation, 

15 consistent with the Inspector General Act of 1978 (5 

16 U.S.C. App.). 

17 ENVIRONMENTAL DISPUTE RESOLUTION FUND

18 For payment to the Environmental Dispute Resolu19 tion Fund to carry out activities authorized in the Envi20 ronmental Policy and Conflict Resolution Act of 1998, 

21 $3,366,000, to remain available until expended. 

22 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

23 OPERATING EXPENSES

24 For necessary expenses in connection with the admin25 istration of the National Archives and Records AdminisMarch 21, 2018 (6:08 p.m.)
565 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 tration and archived Federal records and related activities, 

2 as provided by law, and for expenses necessary for the re3 view and declassification of documents, the activities of 

4 the Public Interest Declassification Board, the operations 

5 and maintenance of the electronic records archives, the 

6 hire of passenger motor vehicles, and for uniforms or al7 lowances therefor, as authorized by law (5 U.S.C. 5901), 

8 including maintenance, repairs, and cleaning, 

9 $384,911,000, of which $7,500,000 shall remain available 

10 until expended for the repair, alteration, and improvement 

11 of an additional leased facility to provide adequate storage 

12 for holdings of the House of Representatives and the Sen13 ate. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector 

16 General in carrying out the provisions of the Inspector 

17 General Reform Act of 2008, Public Law 110–409, 122 

18 Stat. 4302–16 (2008), and the Inspector General Act of 

19 1978 (5 U.S.C. App.), and for the hire of passenger motor 

20 vehicles, $4,801,000. 

21 REPAIRS AND RESTORATION

22 For the repair, alteration, and improvement of ar23 chives facilities, and to provide adequate storage for hold24 ings, $7,500,000, to remain available until expended. 

March 21, 2018 (6:08 p.m.)
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1 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

2 COMMISSION

3 GRANTS PROGRAM

4 For necessary expenses for allocations and grants for 

5 historical publications and records as authorized by 44 

6 U.S.C. 2504, $6,000,000, to remain available until ex7 pended. 

8 NATIONAL CREDIT UNION ADMINISTRATION

9 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

10 For the Community Development Revolving Loan 

11 Fund program as authorized by 42 U.S.C. 9812, 9822 

12 and 9910, $2,000,000 shall be available until September 

13 30, 2019, for technical assistance to low-income des14 ignated credit unions. 

15 OFFICE OF GOVERNMENT ETHICS

16 SALARIES AND EXPENSES

17 For necessary expenses to carry out functions of the 

18 Office of Government Ethics pursuant to the Ethics in 

19 Government Act of 1978, the Ethics Reform Act of 1989, 

20 and the Stop Trading on Congressional Knowledge Act of 

21 2012, including services as authorized by 5 U.S.C. 3109, 

22 rental of conference rooms in the District of Columbia and 

23 elsewhere, hire of passenger motor vehicles, and not to ex24 ceed $1,500 for official reception and representation ex25 penses, $16,439,000. 

March 21, 2018 (6:08 p.m.)
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1 OFFICE OF PERSONNEL MANAGEMENT

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF TRUST FUNDS)

4 For necessary expenses to carry out functions of the 

5 Office of Personnel Management (OPM) pursuant to Re6 organization Plan Numbered 2 of 1978 and the Civil Serv7 ice Reform Act of 1978, including services as authorized 

8 by 5 U.S.C. 3109; medical examinations performed for 

9 veterans by private physicians on a fee basis; rental of con10 ference rooms in the District of Columbia and elsewhere; 

11 hire of passenger motor vehicles; not to exceed $2,500 for 

12 official reception and representation expenses; advances 

13 for reimbursements to applicable funds of OPM and the 

14 Federal Bureau of Investigation for expenses incurred 

15 under Executive Order No. 10422 of January 9, 1953, 

16 as amended; and payment of per diem and/or subsistence 

17 allowances to employees where Voting Rights Act activities 

18 require an employee to remain overnight at his or her post 

19 of duty, $129,341,000: Provided, That of the total amount 

20 made available under this heading, not to exceed 

21 $21,000,000 shall remain available until September 30, 

22 2019, for information technology infrastructure mod23 ernization and Trust Fund Federal Financial System mi24 gration or modernization, and shall be in addition to funds 

25 otherwise made available for such purposes upon submitMarch 21, 2018 (6:08 p.m.)
568 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ting to the Committees on Appropriations of the Senate 

2 and House of Representatives the plan of expenditure as 

3 required by the ‘‘Consolidated Appropriations Act, 2017’’: 

4 Provided further, That the amount made available by the 

5 previous proviso may not be obligated until the Director 

6 of the Office of Personnel Management submits to the 

7 Committees on Appropriations of the Senate and the 

8 House of Representatives within 90 days of enactment a 

9 plan for expenditure of such amount, prepared in con10 sultation with the Director of the Office of Management 

11 and Budget, the Administrator of the United States Dig12 ital Service, and the Secretary of Homeland Security, 

13 that— 

14 (1) identifies the full scope and cost of the IT 

15 systems remediation and stabilization project; 

16 (2) meets the capital planning and investment 

17 control review requirements established by the Office 

18 of Management and Budget, including Circular A– 

19 11, part 7; 

20 (3) includes a Major IT Business Case under 

21 the requirements established by the Office of Man22 agement and Budget Exhibit 300; 

23 (4) complies with the acquisition rules, require24 ments, guidelines, and systems acquisition manage25 ment practices of the Government; 

March 21, 2018 (6:08 p.m.)
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1 (5) complies with all Office of Management and 

2 Budget, Department of Homeland Security and Na3 tional Institute of Standards and Technology re4 quirements related to securing the agency’s informa5 tion system as described in 44 U.S.C. 3554; and 

6 (6) is reviewed and commented upon within 60 

7 days of plan development by the Inspector General 

8 of the Office of Personnel Management, and such 

9 comments are submitted to the Director of the Of10 fice of Personnel Management before the date of 

11 such submission: 

12 Provided further, That of the total amount made available 

13 under this heading, $584,000 may be made available for 

14 strengthening the capacity and capabilities of the acquisi15 tion workforce (as defined by the Office of Federal Pro16 curement Policy Act, as amended (41 U.S.C. 4001 et 

17 seq.)), including the recruitment, hiring, training, and re18 tention of such workforce and information technology in 

19 support of acquisition workforce effectiveness or for man20 agement solutions to improve acquisition management; 

21 and in addition $131,414,000 for administrative expenses, 

22 to be transferred from the appropriate trust funds of OPM 

23 without regard to other statutes, including direct procure24 ment of printed materials, for the retirement and insur25 ance programs: Provided further, That the provisions of 

March 21, 2018 (6:08 p.m.)
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1 this appropriation shall not affect the authority to use ap2 plicable trust funds as provided by sections 8348(a)(1)(B), 

3 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 

4 5, United States Code: Provided further, That no part of 

5 this appropriation shall be available for salaries and ex6 penses of the Legal Examining Unit of OPM established 

7 pursuant to Executive Order No. 9358 of July 1, 1943, 

8 or any successor unit of like purpose: Provided further, 

9 That the President’s Commission on White House Fel10 lows, established by Executive Order No. 11183 of Octo11 ber 3, 1964, may, during fiscal year 2018, accept dona12 tions of money, property, and personal services: Provided 

13 further, That such donations, including those from prior 

14 years, may be used for the development of publicity mate15 rials to provide information about the White House Fel16 lows, except that no such donations shall be accepted for 

17 travel or reimbursement of travel expenses, or for the sala18 ries of employees of such Commission. 

19 OFFICE OF INSPECTOR GENERAL

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF TRUST FUNDS)

22 For necessary expenses of the Office of Inspector 

23 General in carrying out the provisions of the Inspector 

24 General Act of 1978, including services as authorized by 

25 5 U.S.C. 3109, hire of passenger motor vehicles, 

March 21, 2018 (6:08 p.m.)
571 

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1 $5,000,000, and in addition, not to exceed $25,000,000 

2 for administrative expenses to audit, investigate, and pro3 vide other oversight of the Office of Personnel Manage4 ment’s retirement and insurance programs, to be trans5 ferred from the appropriate trust funds of the Office of 

6 Personnel Management, as determined by the Inspector 

7 General: Provided, That the Inspector General is author8 ized to rent conference rooms in the District of Columbia 

9 and elsewhere. 

10 OFFICE OF SPECIAL COUNSEL

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out functions of the 

13 Office of Special Counsel pursuant to Reorganization Plan 

14 Numbered 2 of 1978, the Civil Service Reform Act of 

15 1978 (Public Law 95–454), the Whistleblower Protection 

16 Act of 1989 (Public Law 101–12) as amended by Public 

17 Law 107–304, the Whistleblower Protection Enhancement 

18 Act of 2012 (Public Law 112–199), and the Uniformed 

19 Services Employment and Reemployment Rights Act of 

20 1994 (Public Law 103–353), including services as author21 ized by 5 U.S.C. 3109, payment of fees and expenses for 

22 witnesses, rental of conference rooms in the District of Co23 lumbia and elsewhere, and hire of passenger motor vehi24 cles; $26,535,000. 

March 21, 2018 (6:08 p.m.)
572 

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1 POSTAL REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Postal Regulatory 

5 Commission in carrying out the provisions of the Postal 

6 Accountability and Enhancement Act (Public Law 109– 

7 435), $15,200,000, to be derived by transfer from the 

8 Postal Service Fund and expended as authorized by sec9 tion 603(a) of such Act. 

10 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

11 SALARIES AND EXPENSES

12 For necessary expenses of the Privacy and Civil Lib13 erties Oversight Board, as authorized by section 1061 of 

14 the Intelligence Reform and Terrorism Prevention Act of 

15 2004 (42 U.S.C. 2000ee), $8,000,000, to remain available 

16 until September 30, 2019. 

17 PUBLIC BUILDINGS REFORM BOARD

18 SALARIES AND EXPENSES

19 For salaries and expenses of the Public Buildings Re20 form Board in carrying out the Federal Assets Sale and 

21 Transfer Act of 2016 (Public Law 114–287), $5,000,000, 

22 to remain available until expended. 

March 21, 2018 (6:08 p.m.)
573 

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1 SECURITIES AND EXCHANGE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Securities and Ex4 change Commission, including services as authorized by 

5 5 U.S.C. 3109, the rental of space (to include multiple 

6 year leases) in the District of Columbia and elsewhere, and 

7 not to exceed $3,500 for official reception and representa8 tion expenses, $1,652,000,000, to remain available until 

9 expended; of which funding for information technology ini10 tiatives shall be increased over the fiscal year 2017 level 

11 by not less than $45,000,000; of which not less than 

12 $14,748,358 shall be for the Office of Inspector General; 

13 of which not to exceed $75,000 shall be available for a 

14 permanent secretariat for the International Organization 

15 of Securities Commissions; and of which not to exceed 

16 $100,000 shall be available for expenses for consultations 

17 and meetings hosted by the Commission with foreign gov18 ernmental and other regulatory officials, members of their 

19 delegations and staffs to exchange views concerning secu20 rities matters, such expenses to include necessary logistic 

21 and administrative expenses and the expenses of Commis22 sion staff and foreign invitees in attendance including: (1) 

23 incidental expenses such as meals; (2) travel and transpor24 tation; and (3) related lodging or subsistence; and of 

March 21, 2018 (6:08 p.m.)
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1 which not less than $68,950,000 shall be for the Division 

2 of Economic and Risk Analysis. 

3 In addition to the foregoing appropriation, for costs 

4 associated with relocation under a replacement lease for 

5 the Commission’s headquarters facilities, not to exceed 

6 $244,507,052, to remain available until expended: Pro7 vided, That for purposes of calculating the fee rate under 

8 section 31(j) of the Securities Exchange Act of 1934 (15 

9 U.S.C. 78ee(j)) for fiscal year 2018, all amounts appro10 priated under this heading shall be deemed to be the reg11 ular appropriation to the Commission for fiscal year 2018: 

12 Provided further, That fees and charges authorized by sec13 tion 31 of the Securities Exchange Act of 1934 (15 U.S.C. 

14 78ee) shall be credited to this account as offsetting collec15 tions: Provided further, That not to exceed 

16 $1,652,000,000 of such offsetting collections shall be 

17 available until expended for necessary expenses of this ac18 count and not to exceed $244,507,052 of such offsetting 

19 collections shall be available until expended for costs under 

20 this heading associated with relocation under a replace21 ment lease for the Commission’s headquarters facilities: 

22 Provided further, That the total amount appropriated 

23 under this heading from the general fund for fiscal year 

24 2018 shall be reduced as such offsetting fees are received 

25 so as to result in a final total fiscal year 2018 appropriaMarch 21, 2018 (6:08 p.m.)
575 

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1 tion from the general fund estimated at not more than 

2 $0: Provided further, That if any amount of the appropria3 tion for costs associated with relocation under a replace4 ment lease for the Commission’s headquarters facilities is 

5 subsequently de-obligated by the Commission, such 

6 amount that was derived from the general fund shall be 

7 returned to the general fund, and such amounts that were 

8 derived from fees or assessments collected for such pur9 pose shall be paid to each national securities exchange and 

10 national securities association, respectively, in proportion 

11 to any fees or assessments paid by such national securities 

12 exchange or national securities association under section 

13 31 of the Securities Exchange Act of 1934 (15 U.S.C. 

14 78ee) in fiscal year 2018. 

15 SELECTIVE SERVICE SYSTEM

16 SALARIES AND EXPENSES

17 For necessary expenses of the Selective Service Sys18 tem, including expenses of attendance at meetings and of 

19 training for uniformed personnel assigned to the Selective 

20 Service System, as authorized by 5 U.S.C. 4101–4118 for 

21 civilian employees; hire of passenger motor vehicles; serv22 ices as authorized by 5 U.S.C. 3109; and not to exceed 

23 $750 for official reception and representation expenses; 

24 $22,900,000: Provided, That during the current fiscal 

25 year, the President may exempt this appropriation from 

March 21, 2018 (6:08 p.m.)
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1 the provisions of 31 U.S.C. 1341, whenever the President 

2 deems such action to be necessary in the interest of na3 tional defense: Provided further, That none of the funds 

4 appropriated by this Act may be expended for or in con5 nection with the induction of any person into the Armed 

6 Forces of the United States. 

7 SMALL BUSINESS ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses, not otherwise provided for, 

10 of the Small Business Administration, including hire of 

11 passenger motor vehicles as authorized by sections 1343 

12 and 1344 of title 31, United States Code, and not to ex13 ceed $3,500 for official reception and representation ex14 penses, $268,500,000, of which not less than $12,000,000 

15 shall be available for examinations, reviews, and other 

16 lender oversight activities: Provided, That the Adminis17 trator is authorized to charge fees to cover the cost of pub18 lications developed by the Small Business Administration, 

19 and certain loan program activities, including fees author20 ized by section 5(b) of the Small Business Act: Provided 

21 further, That, notwithstanding 31 U.S.C. 3302, revenues 

22 received from all such activities shall be credited to this 

23 account, to remain available until expended, for carrying 

24 out these purposes without further appropriations: Pro25 vided further, That the Small Business Administration 

March 21, 2018 (6:08 p.m.)
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1 may accept gifts in an amount not to exceed $4,000,000 

2 and may co-sponsor activities, each in accordance with sec3 tion 132(a) of division K of Public Law 108–447, during 

4 fiscal year 2018: Provided further, That $6,100,000 shall 

5 be available for the Loan Modernization and Accounting 

6 System, to be available until September 30, 2019: Pro7 vided further, That $3,000,000 shall be for the Federal 

8 and State Technology Partnership Program under section 

9 34 of the Small Business Act (15 U.S.C. 657d). 

10 ENTREPRENEURIAL DEVELOPMENT PROGRAMS

11 For necessary expenses of programs supporting en12 trepreneurial and small business development, 

13 $247,100,000, to remain available until September 30, 

14 2019: Provided, That $130,000,000 shall be available to 

15 fund grants for performance in fiscal year 2018 or fiscal 

16 year 2019 as authorized by section 21 of the Small Busi17 ness Act: Provided further, That $31,000,000 shall be for 

18 marketing, management, and technical assistance under 

19 section 7(m) of the Small Business Act (15 U.S.C. 

20 636(m)(4)) by intermediaries that make microloans under 

21 the microloan program: Provided further, That 

22 $18,000,000 shall be available for grants to States to 

23 carry out export programs that assist small business con24 cerns authorized under section 22(l) of the Small Business 

25 Act (15 U.S.C. 649(l)). 

March 21, 2018 (6:08 p.m.)
578 

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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, $19,900,000. 

5 OFFICE OF ADVOCACY

6 For necessary expenses of the Office of Advocacy in 

7 carrying out the provisions of title II of Public Law 94– 

8 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi9 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to 

10 remain available until expended. 

11 BUSINESS LOANS PROGRAM ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 For the cost of direct loans, $3,438,172, to remain 

14 available until expended: Provided, That such costs, in15 cluding the cost of modifying such loans, shall be as de16 fined in section 502 of the Congressional Budget Act of 

17 1974: Provided further, That subject to section 502 of the 

18 Congressional Budget Act of 1974, during fiscal year 

19 2018 commitments to guarantee loans under section 503 

20 of the Small Business Investment Act of 1958 shall not 

21 exceed $7,500,000,000: Provided further, That during fis22 cal year 2018 commitments for general business loans au23 thorized under section 7(a) of the Small Business Act 

24 shall not exceed $29,000,000,000 for a combination of 

25 amortizing term loans and the aggregated maximum line 

March 21, 2018 (6:08 p.m.)
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1 of credit provided by revolving loans: Provided further, 

2 That during fiscal year 2018 commitments for loans au3 thorized under subparagraph (C) of section 502(7) of The 

4 Small Business Investment Act of 1958 (15 U.S.C. 

5 696(7)) shall not exceed $7,500,000,000: Provided further, 

6 That during fiscal year 2018 commitments to guarantee 

7 loans for debentures under section 303(b) of the Small 

8 Business Investment Act of 1958 shall not exceed 

9 $4,000,000,000: Provided further, That during fiscal year 

10 2018, guarantees of trust certificates authorized by sec11 tion 5(g) of the Small Business Act shall not exceed a 

12 principal amount of $12,000,000,000. In addition, for ad13 ministrative expenses to carry out the direct and guaran14 teed loan programs, $152,782,000, which may be trans15 ferred to and merged with the appropriations for Salaries 

16 and Expenses. 

17 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

18 ADMINISTRATION

19 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

20 SEC. 530. Not to exceed 5 percent of any appropria21 tion made available for the current fiscal year for the 

22 Small Business Administration in this Act may be trans23 ferred between such appropriations, but no such appro24 priation shall be increased by more than 10 percent by 

25 any such transfers: Provided, That any transfer pursuant 

March 21, 2018 (6:08 p.m.)
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1 to this paragraph shall be treated as a reprogramming of 

2 funds under section 608 of this Act and shall not be avail3 able for obligation or expenditure except in compliance 

4 with the procedures set forth in that section. 

5 SEC. 531. Of the unobligated balances available for 

6 the Immediate Disaster Assistance Program authorized by 

7 section 42 of the Small Business Act (15 U.S. C. 657n) 

8 and the Expedited Disaster Assistance Loan Program au9 thorized by section 12085 of Public Law 110–246, 

10 $2,600,000 are hereby permanently cancelled: Provided, 

11 That no amounts may be cancelled from amounts that 

12 were designated by the Congress as an emergency require13 ment pursuant to the Concurrent Resolution on the Budg14 et or the Balanced Budget and Emergency Deficit Control 

15 Act of 1985. 

16 SEC. 532. Section 7(m)(4)(E) of the Small Business 

17 Act (15 U.S.C. 636(m)(4)(E)) is amended by striking ‘‘25 

18 percent’’ each place such term appears and inserting ‘‘50 

19 percent’’. 

20 UNITED STATES POSTAL SERVICE

21 PAYMENT TO THE POSTAL SERVICE FUND

22 For payment to the Postal Service Fund for revenue 

23 forgone on free and reduced rate mail, pursuant to sub24 sections (c) and (d) of section 2401 of title 39, United 

25 States Code, $58,118,000: Provided, That mail for overMarch 21, 2018 (6:08 p.m.)
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1 seas voting and mail for the blind shall continue to be free: 

2 Provided further, That 6-day delivery and rural delivery 

3 of mail shall continue at not less than the 1983 level: Pro4 vided further, That none of the funds made available to 

5 the Postal Service by this Act shall be used to implement 

6 any rule, regulation, or policy of charging any officer or 

7 employee of any State or local child support enforcement 

8 agency, or any individual participating in a State or local 

9 program of child support enforcement, a fee for informa10 tion requested or provided concerning an address of a 

11 postal customer: Provided further, That none of the funds 

12 provided in this Act shall be used to consolidate or close 

13 small rural and other small post offices. 

14 OFFICE OF INSPECTOR GENERAL

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

19 General Act of 1978, $245,000,000, to be derived by 

20 transfer from the Postal Service Fund and expended as 

21 authorized by section 603(b)(3) of the Postal Account22 ability and Enhancement Act (Public Law 109–435). 

March 21, 2018 (6:08 p.m.)
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1 UNITED STATES TAX COURT

2 SALARIES AND EXPENSES

3 For necessary expenses, including contract reporting 

4 and other services as authorized by 5 U.S.C. 3109, 

5 $50,739,887, of which $500,000 shall remain available 

6 until expended: Provided, That travel expenses of the 

7 judges shall be paid upon the written certificate of the 

8 judge. 

March 21, 2018 (6:08 p.m.)
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1 TITLE VI 

2 GENERAL PROVISIONS—THIS ACT 

3 SEC. 601. None of the funds in this Act shall be used 

4 for the planning or execution of any program to pay the 

5 expenses of, or otherwise compensate, non-Federal parties 

6 intervening in regulatory or adjudicatory proceedings 

7 funded in this Act. 

8 SEC. 602. None of the funds appropriated in this Act 

9 shall remain available for obligation beyond the current 

10 fiscal year, nor may any be transferred to other appropria11 tions, unless expressly so provided herein. 

12 SEC. 603. The expenditure of any appropriation 

13 under this Act for any consulting service through procure14 ment contract pursuant to 5 U.S.C. 3109, shall be limited 

15 to those contracts where such expenditures are a matter 

16 of public record and available for public inspection, except 

17 where otherwise provided under existing law, or under ex18 isting Executive order issued pursuant to existing law. 

19 SEC. 604. None of the funds made available in this 

20 Act may be transferred to any department, agency, or in21 strumentality of the United States Government, except 

22 pursuant to a transfer made by, or transfer authority pro23 vided in, this Act or any other appropriations Act. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 605. None of the funds made available by this 

2 Act shall be available for any activity or for paying the 

3 salary of any Government employee where funding an ac4 tivity or paying a salary to a Government employee would 

5 result in a decision, determination, rule, regulation, or pol6 icy that would prohibit the enforcement of section 307 of 

7 the Tariff Act of 1930 (19 U.S.C. 1307). 

8 SEC. 606. No funds appropriated pursuant to this 

9 Act may be expended by an entity unless the entity agrees 

10 that in expending the assistance the entity will comply 

11 with chapter 83 of title 41, United States Code. 

12 SEC. 607. No funds appropriated or otherwise made 

13 available under this Act shall be made available to any 

14 person or entity that has been convicted of violating chap15 ter 83 of title 41, United States Code. 

16 SEC. 608. Except as otherwise provided in this Act, 

17 none of the funds provided in this Act, provided by pre18 vious appropriations Acts to the agencies or entities fund19 ed in this Act that remain available for obligation or ex20 penditure in fiscal year 2018, or provided from any ac21 counts in the Treasury derived by the collection of fees 

22 and available to the agencies funded by this Act, shall be 

23 available for obligation or expenditure through a re24 programming of funds that: (1) creates a new program; 

25 (2) eliminates a program, project, or activity; (3) increases 

March 21, 2018 (6:08 p.m.)
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1 funds or personnel for any program, project, or activity 

2 for which funds have been denied or restricted by the Con3 gress; (4) proposes to use funds directed for a specific ac4 tivity by the Committee on Appropriations of either the 

5 House of Representatives or the Senate for a different 

6 purpose; (5) augments existing programs, projects, or ac7 tivities in excess of $5,000,000 or 10 percent, whichever 

8 is less; (6) reduces existing programs, projects, or activi9 ties by $5,000,000 or 10 percent, whichever is less; or (7) 

10 creates or reorganizes offices, programs, or activities un11 less prior approval is received from the Committees on Ap12 propriations of the House of Representatives and the Sen13 ate: Provided, That prior to any significant reorganization 

14 or restructuring of offices, programs, or activities, each 

15 agency or entity funded in this Act shall consult with the 

16 Committees on Appropriations of the House of Represent17 atives and the Senate: Provided further, That not later 

18 than 60 days after the date of enactment of this Act, each 

19 agency funded by this Act shall submit a report to the 

20 Committees on Appropriations of the House of Represent21 atives and the Senate to establish the baseline for applica22 tion of reprogramming and transfer authorities for the 

23 current fiscal year: Provided further, That at a minimum 

24 the report shall include: (1) a table for each appropriation 

25 with a separate column to display the President’s budget 

March 21, 2018 (6:08 p.m.)
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1 request, adjustments made by Congress, adjustments due 

2 to enacted rescissions, if appropriate, and the fiscal year 

3 enacted level; (2) a delineation in the table for each appro4 priation both by object class and program, project, and 

5 activity as detailed in the budget appendix for the respec6 tive appropriation; and (3) an identification of items of 

7 special congressional interest: Provided further, That the 

8 amount appropriated or limited for salaries and expenses 

9 for an agency shall be reduced by $100,000 per day for 

10 each day after the required date that the report has not 

11 been submitted to the Congress. 

12 SEC. 609. Except as otherwise specifically provided 

13 by law, not to exceed 50 percent of unobligated balances 

14 remaining available at the end of fiscal year 2018 from 

15 appropriations made available for salaries and expenses 

16 for fiscal year 2018 in this Act, shall remain available 

17 through September 30, 2019, for each such account for 

18 the purposes authorized: Provided, That a request shall 

19 be submitted to the Committees on Appropriations of the 

20 House of Representatives and the Senate for approval 

21 prior to the expenditure of such funds: Provided further, 

22 That these requests shall be made in compliance with re23 programming guidelines. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 610. (a) None of the funds made available in 

2 this Act may be used by the Executive Office of the Presi3 dent to request— 

4 (1) any official background investigation report 

5 on any individual from the Federal Bureau of Inves6 tigation; or 

7 (2) a determination with respect to the treat8 ment of an organization as described in section 

9 501(c) of the Internal Revenue Code of 1986 and 

10 exempt from taxation under section 501(a) of such 

11 Code from the Department of the Treasury or the 

12 Internal Revenue Service. 

13 (b) Subsection (a) shall not apply— 

14 (1) in the case of an official background inves15 tigation report, if such individual has given express 

16 written consent for such request not more than 6 

17 months prior to the date of such request and during 

18 the same presidential administration; or 

19 (2) if such request is required due to extraor20 dinary circumstances involving national security. 

21 SEC. 611. The cost accounting standards promul22 gated under chapter 15 of title 41, United States Code 

23 shall not apply with respect to a contract under the Fed24 eral Employees Health Benefits Program established 

25 under chapter 89 of title 5, United States Code. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 612. For the purpose of resolving litigation and 

2 implementing any settlement agreements regarding the 

3 nonforeign area cost-of-living allowance program, the Of4 fice of Personnel Management may accept and utilize 

5 (without regard to any restriction on unanticipated travel 

6 expenses imposed in an Appropriations Act) funds made 

7 available to the Office of Personnel Management pursuant 

8 to court approval. 

9 SEC. 613. No funds appropriated by this Act shall 

10 be available to pay for an abortion, or the administrative 

11 expenses in connection with any health plan under the 

12 Federal employees health benefits program which provides 

13 any benefits or coverage for abortions. 

14 SEC. 614. The provision of section 613 shall not 

15 apply where the life of the mother would be endangered 

16 if the fetus were carried to term, or the pregnancy is the 

17 result of an act of rape or incest. 

18 SEC. 615. In order to promote Government access to 

19 commercial information technology, the restriction on pur20 chasing nondomestic articles, materials, and supplies set 

21 forth in chapter 83 of title 41, United States Code (popu22 larly known as the Buy American Act), shall not apply 

23 to the acquisition by the Federal Government of informa24 tion technology (as defined in section 11101 of title 40, 

March 21, 2018 (6:08 p.m.)
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1 United States Code), that is a commercial item (as defined 

2 in section 103 of title 41, United States Code). 

3 SEC. 616. Notwithstanding section 1353 of title 31, 

4 United States Code, no officer or employee of any regu5 latory agency or commission funded by this Act may ac6 cept on behalf of that agency, nor may such agency or 

7 commission accept, payment or reimbursement from a 

8 non-Federal entity for travel, subsistence, or related ex9 penses for the purpose of enabling an officer or employee 

10 to attend and participate in any meeting or similar func11 tion relating to the official duties of the officer or em12 ployee when the entity offering payment or reimbursement 

13 is a person or entity subject to regulation by such agency 

14 or commission, or represents a person or entity subject 

15 to regulation by such agency or commission, unless the 

16 person or entity is an organization described in section 

17 501(c)(3) of the Internal Revenue Code of 1986 and ex18 empt from tax under section 501(a) of such Code. 

19 SEC. 617. Notwithstanding section 708 of this Act, 

20 funds made available to the Commodity Futures Trading 

21 Commission and the Securities and Exchange Commission 

22 by this or any other Act may be used for the interagency 

23 funding and sponsorship of a joint advisory committee to 

24 advise on emerging regulatory issues. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 618. (a)(1) Notwithstanding any other provision 

2 of law, an Executive agency covered by this Act otherwise 

3 authorized to enter into contracts for either leases or the 

4 construction or alteration of real property for office, meet5 ing, storage, or other space must consult with the General 

6 Services Administration before issuing a solicitation for of7 fers of new leases or construction contracts, and in the 

8 case of succeeding leases, before entering into negotiations 

9 with the current lessor. 

10 (2) Any such agency with authority to enter into an 

11 emergency lease may do so during any period declared by 

12 the President to require emergency leasing authority with 

13 respect to such agency. 

14 (b) For purposes of this section, the term ‘‘Executive 

15 agency covered by this Act’’ means any Executive agency 

16 provided funds by this Act, but does not include the Gen17 eral Services Administration or the United States Postal 

18 Service. 

19 SEC. 619. (a) There are appropriated for the fol20 lowing activities the amounts required under current law: 

21 (1) Compensation of the President (3 U.S.C. 

22 102). 

23 (2) Payments to— 

24 (A) the Judicial Officers’ Retirement Fund 

25 (28 U.S.C. 377(o)); 

March 21, 2018 (6:08 p.m.)
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1 (B) the Judicial Survivors’ Annuities Fund 

2 (28 U.S.C. 376(c)); and 

3 (C) the United States Court of Federal 

4 Claims Judges’ Retirement Fund (28 U.S.C. 

5 178(l)). 

6 (3) Payment of Government contributions— 

7 (A) with respect to the health benefits of 

8 retired employees, as authorized by chapter 89 

9 of title 5, United States Code, and the Retired 

10 Federal Employees Health Benefits Act (74 

11 Stat. 849); and 

12 (B) with respect to the life insurance bene13 fits for employees retiring after December 31, 

14 1989 (5 U.S.C. ch. 87). 

15 (4) Payment to finance the unfunded liability of 

16 new and increased annuity benefits under the Civil 

17 Service Retirement and Disability Fund (5 U.S.C. 

18 8348). 

19 (5) Payment of annuities authorized to be paid 

20 from the Civil Service Retirement and Disability 

21 Fund by statutory provisions other than subchapter 

22 III of chapter 83 or chapter 84 of title 5, United 

23 States Code. 

24 (b) Nothing in this section may be construed to ex25 empt any amount appropriated by this section from any 

March 21, 2018 (6:08 p.m.)
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1 otherwise applicable limitation on the use of funds con2 tained in this Act. 

3 SEC. 620. In addition to amounts made available in 

4 prior fiscal years, the Public Company Accounting Over5 sight Board (Board) shall have authority to obligate funds 

6 for the scholarship program established by section 

7 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 

8 107–204) in an amount not to exceed $1,000,000 of funds 

9 collected by the Board between January 1, 2017 and De10 cember 31, 2017, including accrued interest, as a result 

11 of the assessment of monetary penalties. Funds available 

12 for obligation in fiscal year 2018 shall remain available 

13 until expended. 

14 SEC. 621. None of the funds made available in this 

15 Act may be used by the Federal Trade Commission to 

16 complete the draft report entitled ‘‘Interagency Working 

17 Group on Food Marketed to Children: Preliminary Pro18 posed Nutrition Principles to Guide Industry Self-Regu19 latory Efforts’’ unless the Interagency Working Group on 

20 Food Marketed to Children complies with Executive Order 

21 No. 13563. 

22 SEC. 622. None of the funds made available by this 

23 Act may be used to pay the salaries and expenses for the 

24 following positions: 

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1 (1) Director, White House Office of Health Re2 form. 

3 (2) Assistant to the President for Energy and 

4 Climate Change. 

5 (3) Senior Advisor to the Secretary of the 

6 Treasury assigned to the Presidential Task Force on 

7 the Auto Industry and Senior Counselor for Manu8 facturing Policy. 

9 (4) White House Director of Urban Affairs. 

10 SEC. 623. None of the funds in this Act may be used 

11 for the Director of the Office of Personnel Management 

12 to award a contract, enter an extension of, or exercise an 

13 option on a contract to a contractor conducting the final 

14 quality review processes for background investigation 

15 fieldwork services or background investigation support 

16 services that, as of the date of the award of the contract, 

17 are being conducted by that contractor. 

18 SEC. 624. (a) The head of each executive branch 

19 agency funded by this Act shall ensure that the Chief In20 formation Officer of the agency has the authority to par21 ticipate in decisions regarding the budget planning process 

22 related to information technology. 

23 (b) Amounts appropriated for any executive branch 

24 agency funded by this Act that are available for informa25 tion technology shall be allocated within the agency, conMarch 21, 2018 (6:08 p.m.)
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1 sistent with the provisions of appropriations Acts and 

2 budget guidelines and recommendations from the Director 

3 of the Office of Management and Budget, in such manner 

4 as specified by, or approved by, the Chief Information Of5 ficer of the agency in consultation with the Chief Financial 

6 Officer of the agency and budget officials. 

7 SEC. 625. None of the funds made available in this 

8 Act may be used in contravention of chapter 29, 31, or 

9 33 of title 44, United States Code. 

10 SEC. 626. None of the funds made available in this 

11 Act may be used by a governmental entity to require the 

12 disclosure by a provider of electronic communication serv13 ice to the public or remote computing service of the con14 tents of a wire or electronic communication that is in elec15 tronic storage with the provider (as such terms are defined 

16 in sections 2510 and 2711 of title 18, United States Code) 

17 in a manner that violates the Fourth Amendment to the 

18 Constitution of the United States. 

19 SEC. 627. None of the funds appropriated by this Act 

20 may be used by the Federal Communications Commission 

21 to modify, amend, or change the rules or regulations of 

22 the Commission for universal service high-cost support for 

23 competitive eligible telecommunications carriers in a way 

24 that is inconsistent with paragraph (e)(5) or (e)(6) of sec25 tion 54.307 of title 47, Code of Federal Regulations, as 

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1 in effect on July 15, 2015: Provided, That this section 

2 shall not prohibit the Commission from considering, devel3 oping, or adopting other support mechanisms as an alter4 native to Mobility Fund Phase II. 

5 SEC. 628. No funds provided in this Act shall be used 

6 to deny an Inspector General funded under this Act timely 

7 access to any records, documents, or other materials avail8 able to the department or agency over which that Inspec9 tor General has responsibilities under the Inspector Gen10 eral Act of 1978, or to prevent or impede that Inspector 

11 General’s access to such records, documents, or other ma12 terials, under any provision of law, except a provision of 

13 law that expressly refers to the Inspector General and ex14 pressly limits the Inspector General’s right of access. A 

15 department or agency covered by this section shall provide 

16 its Inspector General with access to all such records, docu17 ments, and other materials in a timely manner. Each In18 spector General shall ensure compliance with statutory 

19 limitations on disclosure relevant to the information pro20 vided by the establishment over which that Inspector Gen21 eral has responsibilities under the Inspector General Act 

22 of 1978. Each Inspector General covered by this section 

23 shall report to the Committees on Appropriations of the 

24 House of Representatives and the Senate within 5 cal25 endar days any failures to comply with this requirement. 

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1 SEC. 629. (a) None of the funds made available in 

2 this Act may be used to maintain or establish a computer 

3 network unless such network blocks the viewing, 

4 downloading, and exchanging of pornography. 

5 (b) Nothing in subsection (a) shall limit the use of 

6 funds necessary for any Federal, State, tribal, or local law 

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, adjudication activities, or 

9 other law enforcement- or victim assistance-related activ10 ity. 

11 SEC. 630. Section 633(a) of title VI of division E of 

12 the Consolidated Appropriations Act, 2017 (Public Law 

13 115–31) is amended— 

14 (1) by inserting ‘‘and’’ at the end of paragraph 

15 (1); 

16 (2) by striking paragraph (2); and 

17 (3) by redesignating paragraph (3) as para18 graph (2). 

19 SEC. 631. None of the funds made available by this 

20 Act shall be used by the Securities and Exchange Commis21 sion to finalize, issue, or implement any rule, regulation, 

22 or order regarding the disclosure of political contributions, 

23 contributions to tax exempt organizations, or dues paid 

24 to trade associations. 

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1 SEC. 632. (a) The United States courthouse located 

2 at 501 East Court Street in Jackson, Mississippi, shall 

3 be known and designated as the ‘‘Thad Cochran United 

4 States Courthouse’’. 

5 (b) Any reference in a law, map, regulation, docu6 ment, paper, or other record of the United States to the 

7 United States courthouse referred to in subsection (a) 

8 shall be deemed to be a reference to the ‘‘Thad Cochran 

9 United States Courthouse’’. 

10 TITLE VII 

11 GENERAL PROVISIONS—GOVERNMENT-WIDE 

12 DEPARTMENTS, AGENCIES, AND CORPORATIONS

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 701. No department, agency, or instrumentality 

15 of the United States receiving appropriated funds under 

16 this or any other Act for fiscal year 2018 shall obligate 

17 or expend any such funds, unless such department, agen18 cy, or instrumentality has in place, and will continue to 

19 administer in good faith, a written policy designed to en20 sure that all of its workplaces are free from the illegal 

21 use, possession, or distribution of controlled substances 

22 (as defined in the Controlled Substances Act (21 U.S.C. 

23 802)) by the officers and employees of such department, 

24 agency, or instrumentality. 

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1 SEC. 702. Unless otherwise specifically provided, the 

2 maximum amount allowable during the current fiscal year 

3 in accordance with subsection 1343(c) of title 31, United 

4 States Code, for the purchase of any passenger motor ve5 hicle (exclusive of buses, ambulances, law enforcement ve6 hicles, protective vehicles, and undercover surveillance ve7 hicles), is hereby fixed at $19,947 except station wagons 

8 for which the maximum shall be $19,997: Provided, That 

9 these limits may be exceeded by not to exceed $7,250 for 

10 police-type vehicles: Provided further, That the limits set 

11 forth in this section may not be exceeded by more than 

12 5 percent for electric or hybrid vehicles purchased for 

13 demonstration under the provisions of the Electric and 

14 Hybrid Vehicle Research, Development, and Demonstra15 tion Act of 1976: Provided further, That the limits set 

16 forth in this section may be exceeded by the incremental 

17 cost of clean alternative fuels vehicles acquired pursuant 

18 to Public Law 101–549 over the cost of comparable con19 ventionally fueled vehicles: Provided further, That the lim20 its set forth in this section shall not apply to any vehicle 

21 that is a commercial item and which operates on alter22 native fuel, including but not limited to electric, plug-in 

23 hybrid electric, and hydrogen fuel cell vehicles. 

24 SEC. 703. Appropriations of the executive depart25 ments and independent establishments for the current fisMarch 21, 2018 (6:08 p.m.)
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1 cal year available for expenses of travel, or for the ex2 penses of the activity concerned, are hereby made available 

3 for quarters allowances and cost-of-living allowances, in 

4 accordance with 5 U.S.C. 5922–5924. 

5 SEC. 704. Unless otherwise specified in law during 

6 the current fiscal year, no part of any appropriation con7 tained in this or any other Act shall be used to pay the 

8 compensation of any officer or employee of the Govern9 ment of the United States (including any agency the ma10 jority of the stock of which is owned by the Government 

11 of the United States) whose post of duty is in the conti12 nental United States unless such person: (1) is a citizen 

13 of the United States; (2) is a person who is lawfully admit14 ted for permanent residence and is seeking citizenship as 

15 outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who 

16 is admitted as a refugee under 8 U.S.C. 1157 or is grant17 ed asylum under 8 U.S.C. 1158 and has filed a declaration 

18 of intention to become a lawful permanent resident and 

19 then a citizen when eligible; or (4) is a person who owes 

20 allegiance to the United States: Provided, That for pur21 poses of this section, affidavits signed by any such person 

22 shall be considered prima facie evidence that the require23 ments of this section with respect to his or her status are 

24 being complied with: Provided further, That for purposes 

25 of subsections (2) and (3) such affidavits shall be subMarch 21, 2018 (6:08 p.m.)
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1 mitted prior to employment and updated thereafter as nec2 essary: Provided further, That any person making a false 

3 affidavit shall be guilty of a felony, and upon conviction, 

4 shall be fined no more than $4,000 or imprisoned for not 

5 more than 1 year, or both: Provided further, That the 

6 above penal clause shall be in addition to, and not in sub7 stitution for, any other provisions of existing law: Provided 

8 further, That any payment made to any officer or em9 ployee contrary to the provisions of this section shall be 

10 recoverable in action by the Federal Government: Provided 

11 further, That this section shall not apply to any person 

12 who is an officer or employee of the Government of the 

13 United States on the date of enactment of this Act, or 

14 to international broadcasters employed by the Broad15 casting Board of Governors, or to temporary employment 

16 of translators, or to temporary employment in the field 

17 service (not to exceed 60 days) as a result of emergencies: 

18 Provided further, That this section does not apply to the 

19 employment as Wildland firefighters for not more than 

20 120 days of nonresident aliens employed by the Depart21 ment of the Interior or the USDA Forest Service pursuant 

22 to an agreement with another country. 

23 SEC. 705. Appropriations available to any depart24 ment or agency during the current fiscal year for nec25 essary expenses, including maintenance or operating exMarch 21, 2018 (6:08 p.m.)
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1 penses, shall also be available for payment to the General 

2 Services Administration for charges for space and services 

3 and those expenses of renovation and alteration of build4 ings and facilities which constitute public improvements 

5 performed in accordance with the Public Buildings Act of 

6 1959 (73 Stat. 479), the Public Buildings Amendments 

7 of 1972 (86 Stat. 216), or other applicable law. 

8 SEC. 706. In addition to funds provided in this or 

9 any other Act, all Federal agencies are authorized to re10 ceive and use funds resulting from the sale of materials, 

11 including Federal records disposed of pursuant to a 

12 records schedule recovered through recycling or waste pre13 vention programs. Such funds shall be available until ex14 pended for the following purposes: 

15 (1) Acquisition, waste reduction and prevention, 

16 and recycling programs as described in Executive 

17 Order No. 13693 (March 19, 2015), including any 

18 such programs adopted prior to the effective date of 

19 the Executive order. 

20 (2) Other Federal agency environmental man21 agement programs, including, but not limited to, the 

22 development and implementation of hazardous waste 

23 management and pollution prevention programs. 

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1 (3) Other employee programs as authorized by 

2 law or as deemed appropriate by the head of the 

3 Federal agency. 

4 SEC. 707. Funds made available by this or any other 

5 Act for administrative expenses in the current fiscal year 

6 of the corporations and agencies subject to chapter 91 of 

7 title 31, United States Code, shall be available, in addition 

8 to objects for which such funds are otherwise available, 

9 for rent in the District of Columbia; services in accordance 

10 with 5 U.S.C. 3109; and the objects specified under this 

11 head, all the provisions of which shall be applicable to the 

12 expenditure of such funds unless otherwise specified in the 

13 Act by which they are made available: Provided, That in 

14 the event any functions budgeted as administrative ex15 penses are subsequently transferred to or paid from other 

16 funds, the limitations on administrative expenses shall be 

17 correspondingly reduced. 

18 SEC. 708. No part of any appropriation contained in 

19 this or any other Act shall be available for interagency 

20 financing of boards (except Federal Executive Boards), 

21 commissions, councils, committees, or similar groups 

22 (whether or not they are interagency entities) which do 

23 not have a prior and specific statutory approval to receive 

24 financial support from more than one agency or instru25 mentality. 

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1 SEC. 709. None of the funds made available pursuant 

2 to the provisions of this or any other Act shall be used 

3 to implement, administer, or enforce any regulation which 

4 has been disapproved pursuant to a joint resolution duly 

5 adopted in accordance with the applicable law of the 

6 United States. 

7 SEC. 710. During the period in which the head of 

8 any department or agency, or any other officer or civilian 

9 employee of the Federal Government appointed by the 

10 President of the United States, holds office, no funds may 

11 be obligated or expended in excess of $5,000 to furnish 

12 or redecorate the office of such department head, agency 

13 head, officer, or employee, or to purchase furniture or 

14 make improvements for any such office, unless advance 

15 notice of such furnishing or redecoration is transmitted 

16 to the Committees on Appropriations of the House of Rep17 resentatives and the Senate. For the purposes of this sec18 tion, the term ‘‘office’’ shall include the entire suite of of19 fices assigned to the individual, as well as any other space 

20 used primarily by the individual or the use of which is 

21 directly controlled by the individual. 

22 SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec23 tion 708 of this Act, funds made available for the current 

24 fiscal year by this or any other Act shall be available for 

25 the interagency funding of national security and emerMarch 21, 2018 (6:08 p.m.)
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1 gency preparedness telecommunications initiatives which 

2 benefit multiple Federal departments, agencies, or enti3 ties, as provided by Executive Order No. 13618 (July 6, 

4 2012). 

5 SEC. 712. (a) None of the funds made available by 

6 this or any other Act may be obligated or expended by 

7 any department, agency, or other instrumentality of the 

8 Federal Government to pay the salaries or expenses of any 

9 individual appointed to a position of a confidential or pol10 icy-determining character that is excepted from the com11 petitive service under section 3302 of title 5, United 

12 States Code, (pursuant to schedule C of subpart C of part 

13 213 of title 5 of the Code of Federal Regulations) unless 

14 the head of the applicable department, agency, or other 

15 instrumentality employing such schedule C individual cer16 tifies to the Director of the Office of Personnel Manage17 ment that the schedule C position occupied by the indi18 vidual was not created solely or primarily in order to detail 

19 the individual to the White House. 

20 (b) The provisions of this section shall not apply to 

21 Federal employees or members of the armed forces de22 tailed to or from an element of the intelligence community 

23 (as that term is defined under section 3(4) of the National 

24 Security Act of 1947 (50 U.S.C. 3003(4))). 

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1 SEC. 713. No part of any appropriation contained in 

2 this or any other Act shall be available for the payment 

3 of the salary of any officer or employee of the Federal 

4 Government, who— 

5 (1) prohibits or prevents, or attempts or threat6 ens to prohibit or prevent, any other officer or em7 ployee of the Federal Government from having any 

8 direct oral or written communication or contact with 

9 any Member, committee, or subcommittee of the 

10 Congress in connection with any matter pertaining 

11 to the employment of such other officer or employee 

12 or pertaining to the department or agency of such 

13 other officer or employee in any way, irrespective of 

14 whether such communication or contact is at the ini15 tiative of such other officer or employee or in re16 sponse to the request or inquiry of such Member, 

17 committee, or subcommittee; or 

18 (2) removes, suspends from duty without pay, 

19 demotes, reduces in rank, seniority, status, pay, or 

20 performance or efficiency rating, denies promotion 

21 to, relocates, reassigns, transfers, disciplines, or dis22 criminates in regard to any employment right, enti23 tlement, or benefit, or any term or condition of em24 ployment of, any other officer or employee of the 

25 Federal Government, or attempts or threatens to 

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1 commit any of the foregoing actions with respect to 

2 such other officer or employee, by reason of any 

3 communication or contact of such other officer or 

4 employee with any Member, committee, or sub5 committee of the Congress as described in paragraph 

6 (1). 

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

8 this or any other Act may be obligated or expended for 

9 any employee training that— 

10 (1) does not meet identified needs for knowl11 edge, skills, and abilities bearing directly upon the 

12 performance of official duties; 

13 (2) contains elements likely to induce high lev14 els of emotional response or psychological stress in 

15 some participants; 

16 (3) does not require prior employee notification 

17 of the content and methods to be used in the train18 ing and written end of course evaluation; 

19 (4) contains any methods or content associated 

20 with religious or quasi-religious belief systems or 

21 ‘‘new age’’ belief systems as defined in Equal Em22 ployment Opportunity Commission Notice N– 

23 915.022, dated September 2, 1988; or 

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1 (5) is offensive to, or designed to change, par2 ticipants’ personal values or lifestyle outside the 

3 workplace. 

4 (b) Nothing in this section shall prohibit, restrict, or 

5 otherwise preclude an agency from conducting training 

6 bearing directly upon the performance of official duties. 

7 SEC. 715. No part of any funds appropriated in this 

8 or any other Act shall be used by an agency of the execu9 tive branch, other than for normal and recognized execu10 tive-legislative relationships, for publicity or propaganda 

11 purposes, and for the preparation, distribution or use of 

12 any kit, pamphlet, booklet, publication, radio, television, 

13 or film presentation designed to support or defeat legisla14 tion pending before the Congress, except in presentation 

15 to the Congress itself. 

16 SEC. 716. None of the funds appropriated by this or 

17 any other Act may be used by an agency to provide a Fed18 eral employee’s home address to any labor organization 

19 except when the employee has authorized such disclosure 

20 or when such disclosure has been ordered by a court of 

21 competent jurisdiction. 

22 SEC. 717. None of the funds made available in this 

23 or any other Act may be used to provide any non-public 

24 information such as mailing, telephone or electronic mail25 ing lists to any person or any organization outside of the 

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1 Federal Government without the approval of the Commit2 tees on Appropriations of the House of Representatives 

3 and the Senate. 

4 SEC. 718. No part of any appropriation contained in 

5 this or any other Act shall be used directly or indirectly, 

6 including by private contractor, for publicity or propa7 ganda purposes within the United States not heretofore 

8 authorized by Congress. 

9 SEC. 719. (a) In this section, the term ‘‘agency’’— 

10 (1) means an Executive agency, as defined 

11 under 5 U.S.C. 105; and 

12 (2) includes a military department, as defined 

13 under section 102 of such title, the United States 

14 Postal Service, and the Postal Regulatory Commis15 sion. 

16 (b) Unless authorized in accordance with law or regu17 lations to use such time for other purposes, an employee 

18 of an agency shall use official time in an honest effort 

19 to perform official duties. An employee not under a leave 

20 system, including a Presidential appointee exempted under 

21 5 U.S.C. 6301(2), has an obligation to expend an honest 

22 effort and a reasonable proportion of such employee’s time 

23 in the performance of official duties. 

24 SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec25 tion 708 of this Act, funds made available for the current 

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1 fiscal year by this or any other Act to any department 

2 or agency, which is a member of the Federal Accounting 

3 Standards Advisory Board (FASAB), shall be available to 

4 finance an appropriate share of FASAB administrative 

5 costs. 

6 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec7 tion 708 of this Act, the head of each Executive depart8 ment and agency is hereby authorized to transfer to or 

9 reimburse ‘‘General Services Administration, Government10 wide Policy’’ with the approval of the Director of the Of11 fice of Management and Budget, funds made available for 

12 the current fiscal year by this or any other Act, including 

13 rebates from charge card and other contracts: Provided, 

14 That these funds shall be administered by the Adminis15 trator of General Services to support Government-wide 

16 and other multi-agency financial, information technology, 

17 procurement, and other management innovations, initia18 tives, and activities, including improving coordination and 

19 reducing duplication, as approved by the Director of the 

20 Office of Management and Budget, in consultation with 

21 the appropriate interagency and multi-agency groups des22 ignated by the Director (including the President’s Man23 agement Council for overall management improvement ini24 tiatives, the Chief Financial Officers Council for financial 

25 management initiatives, the Chief Information Officers 

March 21, 2018 (6:08 p.m.)
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1 Council for information technology initiatives, the Chief 

2 Human Capital Officers Council for human capital initia3 tives, the Chief Acquisition Officers Council for procure4 ment initiatives, and the Performance Improvement Coun5 cil for performance improvement initiatives): Provided fur6 ther, That the total funds transferred or reimbursed shall 

7 not exceed $15,000,000 to improve coordination, reduce 

8 duplication, and for other activities related to Federal 

9 Government Priority Goals established by 31 U.S.C. 1120, 

10 and not to exceed $17,000,000 for Government-Wide inno11 vations, initiatives, and activities: Provided further, That 

12 the funds transferred to or for reimbursement of ‘‘General 

13 Services Administration, Government-wide Policy’’ during 

14 fiscal year 2018 shall remain available for obligation 

15 through September 30, 2019: Provided further, That such 

16 transfers or reimbursements may only be made after 15 

17 days following notification of the Committees on Appro18 priations of the House of Representatives and the Senate 

19 by the Director of the Office of Management and Budget. 

20 SEC. 722. Notwithstanding any other provision of 

21 law, a woman may breastfeed her child at any location 

22 in a Federal building or on Federal property, if the woman 

23 and her child are otherwise authorized to be present at 

24 the location. 

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1 SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec2 tion 708 of this Act, funds made available for the current 

3 fiscal year by this or any other Act shall be available for 

4 the interagency funding of specific projects, workshops, 

5 studies, and similar efforts to carry out the purposes of 

6 the National Science and Technology Council (authorized 

7 by Executive Order No. 12881), which benefit multiple 

8 Federal departments, agencies, or entities: Provided, That 

9 the Office of Management and Budget shall provide a re10 port describing the budget of and resources connected with 

11 the National Science and Technology Council to the Com12 mittees on Appropriations, the House Committee on 

13 Science and Technology, and the Senate Committee on 

14 Commerce, Science, and Transportation 90 days after en15 actment of this Act. 

16 SEC. 724. Any request for proposals, solicitation, 

17 grant application, form, notification, press release, or 

18 other publications involving the distribution of Federal 

19 funds shall comply with any relevant requirements in part 

20 200 of title 2, Code of Federal Regulations: Provided, 

21 That this section shall apply to direct payments, formula 

22 funds, and grants received by a State receiving Federal 

23 funds. 

24 SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY

25 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 

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1 the funds made available in this or any other Act may 

2 be used by any Federal agency— 

3 (1) to collect, review, or create any aggregation 

4 of data, derived from any means, that includes any 

5 personally identifiable information relating to an in6 dividual’s access to or use of any Federal Govern7 ment Internet site of the agency; or 

8 (2) to enter into any agreement with a third 

9 party (including another government agency) to col10 lect, review, or obtain any aggregation of data, de11 rived from any means, that includes any personally 

12 identifiable information relating to an individual’s 

13 access to or use of any nongovernmental Internet 

14 site. 

15 (b) EXCEPTIONS.—The limitations established in 

16 subsection (a) shall not apply to— 

17 (1) any record of aggregate data that does not 

18 identify particular persons; 

19 (2) any voluntary submission of personally iden20 tifiable information; 

21 (3) any action taken for law enforcement, regu22 latory, or supervisory purposes, in accordance with 

23 applicable law; or 

24 (4) any action described in subsection (a)(1) 

25 that is a system security action taken by the operMarch 21, 2018 (6:08 p.m.)
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1 ator of an Internet site and is necessarily incident 

2 to providing the Internet site services or to pro3 tecting the rights or property of the provider of the 

4 Internet site. 

5 (c) DEFINITIONS.—For the purposes of this section: 

6 (1) The term ‘‘regulatory’’ means agency ac7 tions to implement, interpret or enforce authorities 

8 provided in law. 

9 (2) The term ‘‘supervisory’’ means examina10 tions of the agency’s supervised institutions, includ11 ing assessing safety and soundness, overall financial 

12 condition, management practices and policies and 

13 compliance with applicable standards as provided in 

14 law. 

15 SEC. 726. (a) None of the funds appropriated by this 

16 Act may be used to enter into or renew a contract which 

17 includes a provision providing prescription drug coverage, 

18 except where the contract also includes a provision for con19 traceptive coverage. 

20 (b) Nothing in this section shall apply to a contract 

21 with— 

22 (1) any of the following religious plans: 

23 (A) Personal Care’s HMO; and 

24 (B) OSF HealthPlans, Inc.; and 

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1 (2) any existing or future plan, if the carrier 

2 for the plan objects to such coverage on the basis of 

3 religious beliefs. 

4 (c) In implementing this section, any plan that enters 

5 into or renews a contract under this section may not sub6 ject any individual to discrimination on the basis that the 

7 individual refuses to prescribe or otherwise provide for 

8 contraceptives because such activities would be contrary 

9 to the individual’s religious beliefs or moral convictions. 

10 (d) Nothing in this section shall be construed to re11 quire coverage of abortion or abortion-related services. 

12 SEC. 727. The United States is committed to ensur13 ing the health of its Olympic, Pan American, and 

14 Paralympic athletes, and supports the strict adherence to 

15 anti-doping in sport through testing, adjudication, edu16 cation, and research as performed by nationally recognized 

17 oversight authorities. 

18 SEC. 728. Notwithstanding any other provision of 

19 law, funds appropriated for official travel to Federal de20 partments and agencies may be used by such departments 

21 and agencies, if consistent with Office of Management and 

22 Budget Circular A–126 regarding official travel for Gov23 ernment personnel, to participate in the fractional aircraft 

24 ownership pilot program. 

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1 SEC. 729. Notwithstanding any other provision of 

2 law, none of the funds appropriated or made available 

3 under this or any other appropriations Act may be used 

4 to implement or enforce restrictions or limitations on the 

5 Coast Guard Congressional Fellowship Program, or to im6 plement the proposed regulations of the Office of Per7 sonnel Management to add sections 300.311 through 

8 300.316 to part 300 of title 5 of the Code of Federal Reg9 ulations, published in the Federal Register, volume 68, 

10 number 174, on September 9, 2003 (relating to the detail 

11 of executive branch employees to the legislative branch). 

12 SEC. 730. Notwithstanding any other provision of 

13 law, no executive branch agency shall purchase, construct, 

14 or lease any additional facilities, except within or contig15 uous to existing locations, to be used for the purpose of 

16 conducting Federal law enforcement training without the 

17 advance approval of the Committees on Appropriations of 

18 the House of Representatives and the Senate, except that 

19 the Federal Law Enforcement Training Center is author20 ized to obtain the temporary use of additional facilities 

21 by lease, contract, or other agreement for training which 

22 cannot be accommodated in existing Center facilities. 

23 SEC. 731. Unless otherwise authorized by existing 

24 law, none of the funds provided in this or any other Act 

25 may be used by an executive branch agency to produce 

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1 any prepackaged news story intended for broadcast or dis2 tribution in the United States, unless the story includes 

3 a clear notification within the text or audio of the pre4 packaged news story that the prepackaged news story was 

5 prepared or funded by that executive branch agency. 

6 SEC. 732. None of the funds made available in this 

7 Act may be used in contravention of section 552a of title 

8 5, United States Code (popularly known as the Privacy 

9 Act), and regulations implementing that section. 

10 SEC. 733. (a) IN GENERAL.—None of the funds ap11 propriated or otherwise made available by this or any 

12 other Act may be used for any Federal Government con13 tract with any foreign incorporated entity which is treated 

14 as an inverted domestic corporation under section 835(b) 

15 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 

16 or any subsidiary of such an entity. 

17 (b) WAIVERS.— 

18 (1) IN GENERAL.—Any Secretary shall waive 

19 subsection (a) with respect to any Federal Govern20 ment contract under the authority of such Secretary 

21 if the Secretary determines that the waiver is re22 quired in the interest of national security. 

23 (2) REPORT TO CONGRESS.—Any Secretary 

24 issuing a waiver under paragraph (1) shall report 

25 such issuance to Congress. 

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1 (c) EXCEPTION.—This section shall not apply to any 

2 Federal Government contract entered into before the date 

3 of the enactment of this Act, or to any task order issued 

4 pursuant to such contract. 

5 SEC. 734. During fiscal year 2018, for each employee 

6 who— 

7 (1) retires under section 8336(d)(2) or 

8 8414(b)(1)(B) of title 5, United States Code; or 

9 (2) retires under any other provision of sub10 chapter III of chapter 83 or chapter 84 of such title 

11 5 and receives a payment as an incentive to sepa12 rate, the separating agency shall remit to the Civil 

13 Service Retirement and Disability Fund an amount 

14 equal to the Office of Personnel Management’s aver15 age unit cost of processing a retirement claim for 

16 the preceding fiscal year. Such amounts shall be 

17 available until expended to the Office of Personnel 

18 Management and shall be deemed to be an adminis19 trative expense under section 8348(a)(1)(B) of title 

20 5, United States Code. 

21 SEC. 735. (a) None of the funds made available in 

22 this or any other Act may be used to recommend or re23 quire any entity submitting an offer for a Federal contract 

24 to disclose any of the following information as a condition 

25 of submitting the offer: 

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1 (1) Any payment consisting of a contribution, 

2 expenditure, independent expenditure, or disburse3 ment for an electioneering communication that is 

4 made by the entity, its officers or directors, or any 

5 of its affiliates or subsidiaries to a candidate for 

6 election for Federal office or to a political com7 mittee, or that is otherwise made with respect to any 

8 election for Federal office. 

9 (2) Any disbursement of funds (other than a 

10 payment described in paragraph (1)) made by the 

11 entity, its officers or directors, or any of its affiliates 

12 or subsidiaries to any person with the intent or the 

13 reasonable expectation that the person will use the 

14 funds to make a payment described in paragraph 

15 (1). 

16 (b) In this section, each of the terms ‘‘contribution’’, 

17 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election18 eering communication’’, ‘‘candidate’’, ‘‘election’’, and 

19 ‘‘Federal office’’ has the meaning given such term in the 

20 Federal Election Campaign Act of 1971 (52 U.S.C. 30101 

21 et seq.). 

22 SEC. 736. None of the funds made available in this 

23 or any other Act may be used to pay for the painting of 

24 a portrait of an officer or employee of the Federal govern25 ment, including the President, the Vice President, a memMarch 21, 2018 (6:08 p.m.)
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1 ber of Congress (including a Delegate or a Resident Com2 missioner to Congress), the head of an executive branch 

3 agency (as defined in section 133 of title 41, United States 

4 Code), or the head of an office of the legislative branch. 

5 SEC. 737. (a)(1) Notwithstanding any other provision 

6 of law, and except as otherwise provided in this section, 

7 no part of any of the funds appropriated for fiscal year 

8 2018, by this or any other Act, may be used to pay any 

9 prevailing rate employee described in section 

10 5342(a)(2)(A) of title 5, United States Code— 

11 (A) during the period from the date of expira12 tion of the limitation imposed by the comparable sec13 tion for the previous fiscal years until the normal ef14 fective date of the applicable wage survey adjust15 ment that is to take effect in fiscal year 2018, in an 

16 amount that exceeds the rate payable for the appli17 cable grade and step of the applicable wage schedule 

18 in accordance with such section; and 

19 (B) during the period consisting of the remain20 der of fiscal year 2018, in an amount that exceeds, 

21 as a result of a wage survey adjustment, the rate 

22 payable under subparagraph (A) by more than the 

23 sum of— 

24 (i) the percentage adjustment taking effect 

25 in fiscal year 2018 under section 5303 of title 

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1 5, United States Code, in the rates of pay 

2 under the General Schedule; and 

3 (ii) the difference between the overall aver4 age percentage of the locality-based com5 parability payments taking effect in fiscal year 

6 2018 under section 5304 of such title (whether 

7 by adjustment or otherwise), and the overall av8 erage percentage of such payments which was 

9 effective in the previous fiscal year under such 

10 section. 

11 (2) Notwithstanding any other provision of law, no 

12 prevailing rate employee described in subparagraph (B) or 

13 (C) of section 5342(a)(2) of title 5, United States Code, 

14 and no employee covered by section 5348 of such title, 

15 may be paid during the periods for which paragraph (1) 

16 is in effect at a rate that exceeds the rates that would 

17 be payable under paragraph (1) were paragraph (1) appli18 cable to such employee. 

19 (3) For the purposes of this subsection, the rates pay20 able to an employee who is covered by this subsection and 

21 who is paid from a schedule not in existence on September 

22 30, 2017, shall be determined under regulations pre23 scribed by the Office of Personnel Management. 

24 (4) Notwithstanding any other provision of law, rates 

25 of premium pay for employees subject to this subsection 

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1 may not be changed from the rates in effect on September 

2 30, 2017, except to the extent determined by the Office 

3 of Personnel Management to be consistent with the pur4 pose of this subsection. 

5 (5) This subsection shall apply with respect to pay 

6 for service performed after September 30, 2017. 

7 (6) For the purpose of administering any provision 

8 of law (including any rule or regulation that provides pre9 mium pay, retirement, life insurance, or any other em10 ployee benefit) that requires any deduction or contribu11 tion, or that imposes any requirement or limitation on the 

12 basis of a rate of salary or basic pay, the rate of salary 

13 or basic pay payable after the application of this sub14 section shall be treated as the rate of salary or basic pay. 

15 (7) Nothing in this subsection shall be considered to 

16 permit or require the payment to any employee covered 

17 by this subsection at a rate in excess of the rate that would 

18 be payable were this subsection not in effect. 

19 (8) The Office of Personnel Management may provide 

20 for exceptions to the limitations imposed by this sub21 section if the Office determines that such exceptions are 

22 necessary to ensure the recruitment or retention of quali23 fied employees. 

24 (b) Notwithstanding subsection (a), the adjustment 

25 in rates of basic pay for the statutory pay systems that 

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1 take place in fiscal year 2018 under sections 5344 and 

2 5348 of title 5, United States Code, shall be— 

3 (1) not less than the percentage received by em4 ployees in the same location whose rates of basic pay 

5 are adjusted pursuant to the statutory pay systems 

6 under sections 5303 and 5304 of title 5, United 

7 States Code: Provided, That prevailing rate employ8 ees at locations where there are no employees whose 

9 pay is increased pursuant to sections 5303 and 5304 

10 of title 5, United States Code, and prevailing rate 

11 employees described in section 5343(a)(5) of title 5, 

12 United States Code, shall be considered to be located 

13 in the pay locality designated as ‘‘Rest of United 

14 States’’ pursuant to section 5304 of title 5, United 

15 States Code, for purposes of this subsection; and 

16 (2) effective as of the first day of the first ap17 plicable pay period beginning after September 30, 

18 2017. 

19 SEC. 738. (a) The Vice President may not receive a 

20 pay raise in calendar year 2018, notwithstanding the rate 

21 adjustment made under section 104 of title 3, United 

22 States Code, or any other provision of law. 

23 (b) An employee serving in an Executive Schedule po24 sition, or in a position for which the rate of pay is fixed 

25 by statute at an Executive Schedule rate, may not receive 

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1 a pay rate increase in calendar year 2018, notwith2 standing schedule adjustments made under section 5318 

3 of title 5, United States Code, or any other provision of 

4 law, except as provided in subsection (g), (h), or (i). This 

5 subsection applies only to employees who are holding a po6 sition under a political appointment. 

7 (c) A chief of mission or ambassador at large may 

8 not receive a pay rate increase in calendar year 2018, not9 withstanding section 401 of the Foreign Service Act of 

10 1980 (Public Law 96–465) or any other provision of law, 

11 except as provided in subsection (g), (h), or (i). 

12 (d) Notwithstanding sections 5382 and 5383 of title 

13 5, United States Code, a pay rate increase may not be 

14 received in calendar year 2018 (except as provided in sub15 section (g), (h), or (i)) by— 

16 (1) a noncareer appointee in the Senior Execu17 tive Service paid a rate of basic pay at or above level 

18 IV of the Executive Schedule; or 

19 (2) a limited term appointee or limited emer20 gency appointee in the Senior Executive Service 

21 serving under a political appointment and paid a 

22 rate of basic pay at or above level IV of the Execu23 tive Schedule. 

24 (e) Any employee paid a rate of basic pay (including 

25 any locality-based payments under section 5304 of title 

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1 5, United States Code, or similar authority) at or above 

2 level IV of the Executive Schedule who serves under a po3 litical appointment may not receive a pay rate increase 

4 in calendar year 2018, notwithstanding any other provi5 sion of law, except as provided in subsection (g), (h), or 

6 (i). This subsection does not apply to employees in the 

7 General Schedule pay system or the Foreign Service pay 

8 system, or to employees appointed under section 3161 of 

9 title 5, United States Code, or to employees in another 

10 pay system whose position would be classified at GS–15 

11 or below if chapter 51 of title 5, United States Code, ap12 plied to them. 

13 (f) Nothing in subsections (b) through (e) shall pre14 vent employees who do not serve under a political appoint15 ment from receiving pay increases as otherwise provided 

16 under applicable law. 

17 (g) A career appointee in the Senior Executive Serv18 ice who receives a Presidential appointment and who 

19 makes an election to retain Senior Executive Service basic 

20 pay entitlements under section 3392 of title 5, United 

21 States Code, is not subject to this section. 

22 (h) A member of the Senior Foreign Service who re23 ceives a Presidential appointment to any position in the 

24 executive branch and who makes an election to retain Sen25 ior Foreign Service pay entitlements under section 302(b) 

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1 of the Foreign Service Act of 1980 (Public Law 96–465) 

2 is not subject to this section. 

3 (i) Notwithstanding subsections (b) through (e), an 

4 employee in a covered position may receive a pay rate in5 crease upon an authorized movement to a different cov6 ered position with higher-level duties and a pre-established 

7 higher level or range of pay, except that any such increase 

8 must be based on the rates of pay and applicable pay limi9 tations in effect on December 31, 2013. 

10 (j) Notwithstanding any other provision of law, for 

11 an individual who is newly appointed to a covered position 

12 during the period of time subject to this section, the initial 

13 pay rate shall be based on the rates of pay and applicable 

14 pay limitations in effect on December 31, 2013. 

15 (k) If an employee affected by subsections (b) 

16 through (e) is subject to a biweekly pay period that begins 

17 in calendar year 2018 but ends in calendar year 2019, 

18 the bar on the employee’s receipt of pay rate increases 

19 shall apply through the end of that pay period. 

20 SEC. 739. (a) The head of any Executive branch de21 partment, agency, board, commission, or office funded by 

22 this or any other appropriations Act shall submit annual 

23 reports to the Inspector General or senior ethics official 

24 for any entity without an Inspector General, regarding the 

25 costs and contracting procedures related to each conMarch 21, 2018 (6:08 p.m.)
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1 ference held by any such department, agency, board, com2 mission, or office during fiscal year 2018 for which the 

3 cost to the United States Government was more than 

4 $100,000. 

5 (b) Each report submitted shall include, for each con6 ference described in subsection (a) held during the applica7 ble period— 

8 (1) a description of its purpose; 

9 (2) the number of participants attending; 

10 (3) a detailed statement of the costs to the 

11 United States Government, including— 

12 (A) the cost of any food or beverages; 

13 (B) the cost of any audio-visual services; 

14 (C) the cost of employee or contractor 

15 travel to and from the conference; and 

16 (D) a discussion of the methodology used 

17 to determine which costs relate to the con18 ference; and 

19 (4) a description of the contracting procedures 

20 used including— 

21 (A) whether contracts were awarded on a 

22 competitive basis; and 

23 (B) a discussion of any cost comparison 

24 conducted by the departmental component or 

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1 office in evaluating potential contractors for the 

2 conference. 

3 (c) Within 15 days after the end of a quarter, the 

4 head of any such department, agency, board, commission, 

5 or office shall notify the Inspector General or senior ethics 

6 official for any entity without an Inspector General, of the 

7 date, location, and number of employees attending a con8 ference held by any Executive branch department, agency, 

9 board, commission, or office funded by this or any other 

10 appropriations Act during fiscal year 2018 for which the 

11 cost to the United States Government was more than 

12 $20,000. 

13 (d) A grant or contract funded by amounts appro14 priated by this or any other appropriations Act may not 

15 be used for the purpose of defraying the costs of a con16 ference described in subsection (c) that is not directly and 

17 programmatically related to the purpose for which the 

18 grant or contract was awarded, such as a conference held 

19 in connection with planning, training, assessment, review, 

20 or other routine purposes related to a project funded by 

21 the grant or contract. 

22 (e) None of the funds made available in this or any 

23 other appropriations Act may be used for travel and con24 ference activities that are not in compliance with Office 

25 of Management and Budget Memorandum M–12–12 

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1 dated May 11, 2012 or any subsequent revisions to that 

2 memorandum. 

3 SEC. 740. None of the funds made available in this 

4 or any other appropriations Act may be used to increase, 

5 eliminate, or reduce funding for a program, project, or ac6 tivity as proposed in the President’s budget request for 

7 a fiscal year until such proposed change is subsequently 

8 enacted in an appropriation Act, or unless such change 

9 is made pursuant to the reprogramming or transfer provi10 sions of this or any other appropriations Act. 

11 SEC. 741. None of the funds made available by this 

12 or any other Act may be used to implement, administer, 

13 enforce, or apply the rule entitled ‘‘Competitive Area’’ 

14 published by the Office of Personnel Management in the 

15 Federal Register on April 15, 2008 (73 Fed. Reg. 20180 

16 et seq.). 

17 SEC. 742. None of the funds appropriated or other18 wise made available by this or any other Act may be used 

19 to begin or announce a study or public-private competition 

20 regarding the conversion to contractor performance of any 

21 function performed by Federal employees pursuant to Of22 fice of Management and Budget Circular A–76 or any 

23 other administrative regulation, directive, or policy. 

24 SEC. 743. (a) None of the funds appropriated or oth25 erwise made available by this or any other Act may be 

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1 available for a contract, grant, or cooperative agreement 

2 with an entity that requires employees or contractors of 

3 such entity seeking to report fraud, waste, or abuse to sign 

4 internal confidentiality agreements or statements prohib5 iting or otherwise restricting such employees or contrac6 tors from lawfully reporting such waste, fraud, or abuse 

7 to a designated investigative or law enforcement represent8 ative of a Federal department or agency authorized to re9 ceive such information. 

10 (b) The limitation in subsection (a) shall not con11 travene requirements applicable to Standard Form 312, 

12 Form 4414, or any other form issued by a Federal depart13 ment or agency governing the nondisclosure of classified 

14 information. 

15 SEC. 744. (a) No funds appropriated in this or any 

16 other Act may be used to implement or enforce the agree17 ments in Standard Forms 312 and 4414 of the Govern18 ment or any other nondisclosure policy, form, or agree19 ment if such policy, form, or agreement does not contain 

20 the following provisions: ‘‘These provisions are consistent 

21 with and do not supersede, conflict with, or otherwise alter 

22 the employee obligations, rights, or liabilities created by 

23 existing statute or Executive order relating to (1) classi24 fied information, (2) communications to Congress, (3) the 

25 reporting to an Inspector General of a violation of any 

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1 law, rule, or regulation, or mismanagement, a gross waste 

2 of funds, an abuse of authority, or a substantial and spe3 cific danger to public health or safety, or (4) any other 

4 whistleblower protection. The definitions, requirements, 

5 obligations, rights, sanctions, and liabilities created by 

6 controlling Executive orders and statutory provisions are 

7 incorporated into this agreement and are controlling.’’: 

8 Provided, That notwithstanding the preceding provision of 

9 this section, a nondisclosure policy form or agreement that 

10 is to be executed by a person connected with the conduct 

11 of an intelligence or intelligence-related activity, other 

12 than an employee or officer of the United States Govern13 ment, may contain provisions appropriate to the particular 

14 activity for which such document is to be used. Such form 

15 or agreement shall, at a minimum, require that the person 

16 will not disclose any classified information received in the 

17 course of such activity unless specifically authorized to do 

18 so by the United States Government. Such nondisclosure 

19 forms shall also make it clear that they do not bar disclo20 sures to Congress, or to an authorized official of an execu21 tive agency or the Department of Justice, that are essen22 tial to reporting a substantial violation of law. 

23 (b) A nondisclosure agreement may continue to be 

24 implemented and enforced notwithstanding subsection (a) 

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1 if it complies with the requirements for such agreement 

2 that were in effect when the agreement was entered into. 

3 (c) No funds appropriated in this or any other Act 

4 may be used to implement or enforce any agreement en5 tered into during fiscal year 2014 which does not contain 

6 substantially similar language to that required in sub7 section (a). 

8 SEC. 745. None of the funds made available by this 

9 or any other Act may be used to enter into a contract, 

10 memorandum of understanding, or cooperative agreement 

11 with, make a grant to, or provide a loan or loan guarantee 

12 to, any corporation that has any unpaid Federal tax liabil13 ity that has been assessed, for which all judicial and ad14 ministrative remedies have been exhausted or have lapsed, 

15 and that is not being paid in a timely manner pursuant 

16 to an agreement with the authority responsible for col17 lecting the tax liability, where the awarding agency is 

18 aware of the unpaid tax liability, unless a Federal agency 

19 has considered suspension or debarment of the corporation 

20 and has made a determination that this further action is 

21 not necessary to protect the interests of the Government. 

22 SEC. 746. None of the funds made available by this 

23 or any other Act may be used to enter into a contract, 

24 memorandum of understanding, or cooperative agreement 

25 with, make a grant to, or provide a loan or loan guarantee 

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1 to, any corporation that was convicted of a felony criminal 

2 violation under any Federal law within the preceding 24 

3 months, where the awarding agency is aware of the convic4 tion, unless a Federal agency has considered suspension 

5 or debarment of the corporation and has made a deter6 mination that this further action is not necessary to pro7 tect the interests of the Government. 

8 SEC. 747. (a) During fiscal year 2018, on the date 

9 on which a request is made for a transfer of funds in ac10 cordance with section 1017 of Public Law 111–203, the 

11 Bureau of Consumer Financial Protection shall notify the 

12 Committees on Appropriations of the House of Represent13 atives and the Senate, the Committee on Financial Serv14 ices of the House of Representatives, and the Committee 

15 on Banking, Housing, and Urban Affairs of the Senate 

16 of such request. 

17 (b) Any notification required by this section shall be 

18 made available on the Bureau’s public Web site. 

19 SEC. 748. If, for fiscal year 2018, new budget author20 ity provided in appropriations Acts exceeds the discre21 tionary spending limit for any category set forth in section 

22 251(c) of the Balanced Budget and Emergency Deficit 

23 Control Act of 1985 due to estimating differences with the 

24 Congressional Budget Office, an adjustment to the discre25 tionary spending limit in such category for fiscal year 

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1 2018 shall be made by the Director of the Office of Man2 agement and Budget in the amount of the excess but the 

3 total of all such adjustments shall not exceed 0.2 percent 

4 of the sum of the adjusted discretionary spending limits 

5 for all categories for that fiscal year. 

6 SEC. 749. Except as expressly provided otherwise, 

7 any reference to ‘‘this Act’’ contained in any title other 

8 than title IV or VIII shall not apply to such title IV or 

9 VIII. 

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1 TITLE VIII 

2 GENERAL PROVISIONS—DISTRICT OF 

3 COLUMBIA 

4 (INCLUDING TRANSFERS OF FUNDS)

5 SEC. 801. There are appropriated from the applicable 

6 funds of the District of Columbia such sums as may be 

7 necessary for making refunds and for the payment of legal 

8 settlements or judgments that have been entered against 

9 the District of Columbia government. 

10 SEC. 802. None of the Federal funds provided in this 

11 Act shall be used for publicity or propaganda purposes or 

12 implementation of any policy including boycott designed 

13 to support or defeat legislation pending before Congress 

14 or any State legislature. 

15 SEC. 803. (a) None of the Federal funds provided 

16 under this Act to the agencies funded by this Act, both 

17 Federal and District government agencies, that remain 

18 available for obligation or expenditure in fiscal year 2018, 

19 or provided from any accounts in the Treasury of the 

20 United States derived by the collection of fees available 

21 to the agencies funded by this Act, shall be available for 

22 obligation or expenditures for an agency through a re23 programming of funds which— 

24 (1) creates new programs; 

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1 (2) eliminates a program, project, or responsi2 bility center; 

3 (3) establishes or changes allocations specifi4 cally denied, limited or increased under this Act; 

5 (4) increases funds or personnel by any means 

6 for any program, project, or responsibility center for 

7 which funds have been denied or restricted; 

8 (5) re-establishes any program or project pre9 viously deferred through reprogramming; 

10 (6) augments any existing program, project, or 

11 responsibility center through a reprogramming of 

12 funds in excess of $3,000,000 or 10 percent, which13 ever is less; or 

14 (7) increases by 20 percent or more personnel 

15 assigned to a specific program, project or responsi16 bility center, 

17 unless prior approval is received from the Committees on 

18 Appropriations of the House of Representatives and the 

19 Senate. 

20 (b) The District of Columbia government is author21 ized to approve and execute reprogramming and transfer 

22 requests of local funds under this title through November 

23 7, 2018. 

24 SEC. 804. None of the Federal funds provided in this 

25 Act may be used by the District of Columbia to provide 

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1 for salaries, expenses, or other costs associated with the 

2 offices of United States Senator or United States Rep3 resentative under section 4(d) of the District of Columbia 

4 Statehood Constitutional Convention Initiatives of 1979 

5 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

6 SEC. 805. Except as otherwise provided in this sec7 tion, none of the funds made available by this Act or by 

8 any other Act may be used to provide any officer or em9 ployee of the District of Columbia with an official vehicle 

10 unless the officer or employee uses the vehicle only in the 

11 performance of the officer’s or employee’s official duties. 

12 For purposes of this section, the term ‘‘official duties’’ 

13 does not include travel between the officer’s or employee’s 

14 residence and workplace, except in the case of— 

15 (1) an officer or employee of the Metropolitan 

16 Police Department who resides in the District of Co17 lumbia or is otherwise designated by the Chief of the 

18 Department; 

19 (2) at the discretion of the Fire Chief, an offi20 cer or employee of the District of Columbia Fire and 

21 Emergency Medical Services Department who re22 sides in the District of Columbia and is on call 24 

23 hours a day; 

24 (3) at the discretion of the Director of the De25 partment of Corrections, an officer or employee of 

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1 the District of Columbia Department of Corrections 

2 who resides in the District of Columbia and is on 

3 call 24 hours a day; 

4 (4) at the discretion of the Chief Medical Ex5 aminer, an officer or employee of the Office of the 

6 Chief Medical Examiner who resides in the District 

7 of Columbia and is on call 24 hours a day; 

8 (5) at the discretion of the Director of the 

9 Homeland Security and Emergency Management 

10 Agency, an officer or employee of the Homeland Se11 curity and Emergency Management Agency who re12 sides in the District of Columbia and is on call 24 

13 hours a day; 

14 (6) the Mayor of the District of Columbia; and 

15 (7) the Chairman of the Council of the District 

16 of Columbia. 

17 SEC. 806. (a) None of the Federal funds contained 

18 in this Act may be used by the District of Columbia Attor19 ney General or any other officer or entity of the District 

20 government to provide assistance for any petition drive or 

21 civil action which seeks to require Congress to provide for 

22 voting representation in Congress for the District of Co23 lumbia. 

24 (b) Nothing in this section bars the District of Co25 lumbia Attorney General from reviewing or commenting 

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1 on briefs in private lawsuits, or from consulting with offi2 cials of the District government regarding such lawsuits. 

3 SEC. 807. None of the Federal funds contained in 

4 this Act may be used to distribute any needle or syringe 

5 for the purpose of preventing the spread of blood borne 

6 pathogens in any location that has been determined by the 

7 local public health or local law enforcement authorities to 

8 be inappropriate for such distribution. 

9 SEC. 808. Nothing in this Act may be construed to 

10 prevent the Council or Mayor of the District of Columbia 

11 from addressing the issue of the provision of contraceptive 

12 coverage by health insurance plans, but it is the intent 

13 of Congress that any legislation enacted on such issue 

14 should include a ‘‘conscience clause’’ which provides excep15 tions for religious beliefs and moral convictions. 

16 SEC. 809. (a) None of the Federal funds contained 

17 in this Act may be used to enact or carry out any law, 

18 rule, or regulation to legalize or otherwise reduce penalties 

19 associated with the possession, use, or distribution of any 

20 schedule I substance under the Controlled Substances Act 

21 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de22 rivative. 

23 (b) No funds available for obligation or expenditure 

24 by the District of Columbia government under any author25 ity may be used to enact any law, rule, or regulation to 

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1 legalize or otherwise reduce penalties associated with the 

2 possession, use, or distribution of any schedule I substance 

3 under the Controlled Substances Act (21 U.S.C. 801 et 

4 seq.) or any tetrahydrocannabinols derivative for rec5 reational purposes. 

6 SEC. 810. No funds available for obligation or ex7 penditure by the District of Columbia government under 

8 any authority shall be expended for any abortion except 

9 where the life of the mother would be endangered if the 

10 fetus were carried to term or where the pregnancy is the 

11 result of an act of rape or incest. 

12 SEC. 811. (a) No later than 30 calendar days after 

13 the date of the enactment of this Act, the Chief Financial 

14 Officer for the District of Columbia shall submit to the 

15 appropriate committees of Congress, the Mayor, and the 

16 Council of the District of Columbia, a revised appropriated 

17 funds operating budget in the format of the budget that 

18 the District of Columbia government submitted pursuant 

19 to section 442 of the District of Columbia Home Rule Act 

20 (D.C. Official Code, sec. 1–204.42), for all agencies of the 

21 District of Columbia government for fiscal year 2018 that 

22 is in the total amount of the approved appropriation and 

23 that realigns all budgeted data for personal services and 

24 other-than-personal services, respectively, with anticipated 

25 actual expenditures. 

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1 (b) This section shall apply only to an agency for 

2 which the Chief Financial Officer for the District of Co3 lumbia certifies that a reallocation is required to address 

4 unanticipated changes in program requirements. 

5 SEC. 812. No later than 30 calendar days after the 

6 date of the enactment of this Act, the Chief Financial Offi7 cer for the District of Columbia shall submit to the appro8 priate committees of Congress, the Mayor, and the Council 

9 for the District of Columbia, a revised appropriated funds 

10 operating budget for the District of Columbia Public 

11 Schools that aligns schools budgets to actual enrollment. 

12 The revised appropriated funds budget shall be in the for13 mat of the budget that the District of Columbia govern14 ment submitted pursuant to section 442 of the District 

15 of Columbia Home Rule Act (D.C. Official Code, sec. 1– 

16 204.42). 

17 SEC. 813. (a) Amounts appropriated in this Act as 

18 operating funds may be transferred to the District of Co19 lumbia’s enterprise and capital funds and such amounts, 

20 once transferred, shall retain appropriation authority con21 sistent with the provisions of this Act. 

22 (b) The District of Columbia government is author23 ized to reprogram or transfer for operating expenses any 

24 local funds transferred or reprogrammed in this or the 

25 four prior fiscal years from operating funds to capital 

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1 funds, and such amounts, once transferred or repro2 grammed, shall retain appropriation authority consistent 

3 with the provisions of this Act. 

4 (c) The District of Columbia government may not 

5 transfer or reprogram for operating expenses any funds 

6 derived from bonds, notes, or other obligations issued for 

7 capital projects. 

8 SEC. 814. None of the Federal funds appropriated 

9 in this Act shall remain available for obligation beyond 

10 the current fiscal year, nor may any be transferred to 

11 other appropriations, unless expressly so provided herein. 

12 SEC. 815. Except as otherwise specifically provided 

13 by law or under this Act, not to exceed 50 percent of unob14 ligated balances remaining available at the end of fiscal 

15 year 2018 from appropriations of Federal funds made 

16 available for salaries and expenses for fiscal year 2018 in 

17 this Act, shall remain available through September 30, 

18 2019, for each such account for the purposes authorized: 

19 Provided, That a request shall be submitted to the Com20 mittees on Appropriations of the House of Representatives 

21 and the Senate for approval prior to the expenditure of 

22 such funds: Provided further, That these requests shall be 

23 made in compliance with reprogramming guidelines out24 lined in section 803 of this Act. 

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1 SEC. 816. (a)(1) During fiscal year 2019, during a 

2 period in which neither a District of Columbia continuing 

3 resolution or a regular District of Columbia appropriation 

4 bill is in effect, local funds are appropriated in the amount 

5 provided for any project or activity for which local funds 

6 are provided in the Act referred to in paragraph (2) (sub7 ject to any modifications enacted by the District of Colum8 bia as of the beginning of the period during which this 

9 subsection is in effect) at the rate set forth by such Act. 

10 (2) The Act referred to in this paragraph is the Act 

11 of the Council of the District of Columbia pursuant to 

12 which a proposed budget is approved for fiscal year 2019 

13 which (subject to the requirements of the District of Co14 lumbia Home Rule Act) will constitute the local portion 

15 of the annual budget for the District of Columbia govern16 ment for fiscal year 2019 for purposes of section 446 of 

17 the District of Columbia Home Rule Act (sec. 1–204.46, 

18 D.C. Official Code). 

19 (b) Appropriations made by subsection (a) shall cease 

20 to be available— 

21 (1) during any period in which a District of Co22 lumbia continuing resolution for fiscal year 2019 is 

23 in effect; or 

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1 (2) upon the enactment into law of the regular 

2 District of Columbia appropriation bill for fiscal year 

3 2019. 

4 (c) An appropriation made by subsection (a) is pro5 vided under the authority and conditions as provided 

6 under this Act and shall be available to the extent and 

7 in the manner that would be provided by this Act. 

8 (d) An appropriation made by subsection (a) shall 

9 cover all obligations or expenditures incurred for such 

10 project or activity during the portion of fiscal year 2019 

11 for which this section applies to such project or activity. 

12 (e) This section shall not apply to a project or activity 

13 during any period of fiscal year 2019 if any other provi14 sion of law (other than an authorization of appropria15 tions)— 

16 (1) makes an appropriation, makes funds avail17 able, or grants authority for such project or activity 

18 to continue for such period; or 

19 (2) specifically provides that no appropriation 

20 shall be made, no funds shall be made available, or 

21 no authority shall be granted for such project or ac22 tivity to continue for such period. 

23 (f) Nothing in this section shall be construed to affect 

24 obligations of the government of the District of Columbia 

25 mandated by other law. 

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1 SEC. 817. Except as expressly provided otherwise, 

2 any reference to ‘‘this Act’’ contained in this title or in 

3 title IV shall be treated as referring only to the provisions 

4 of this title or of title IV. 

5 This division may be cited as the ‘‘Financial Services 

6 and General Government Appropriations Act, 2018’’. 

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1 DIVISION F—DEPARTMENT OF HOME2 LAND SECURITY APPROPRIATIONS 

3 ACT, 2018 

4 TITLE I 

5 DEPARTMENTAL MANAGEMENT, OPERATIONS, 

6 INTELLIGENCE, AND OVERSIGHT 

7 OFFICE OF THE SECRETARY AND EXECUTIVE

8 MANAGEMENT

9 OPERATIONS AND SUPPORT

10 For necessary expenses of the Office of the Secretary 

11 and for executive management for operations and support, 

12 $139,602,000: Provided, That not to exceed $30,000 shall 

13 be for official reception and representation expenses: Pro14 vided further, That of the funds provided under this head15 ing, $2,000,000 shall be withheld from obligation until the 

16 Secretary complies with section 107 of this Act. 

17 MANAGEMENT DIRECTORATE

18 OPERATIONS AND SUPPORT

19 For necessary expenses of the Management Direc20 torate for operations and support, $710,297,000, of which 

21 $227,516,000 shall remain available until September 30, 

22 2019: Provided, That not to exceed $2,000 shall be for 

23 official reception and representation expenses. 

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1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of the Management Direc3 torate for procurement, construction, and improvements, 

4 $29,569,000, to remain available until September 30, 

5 2019. 

6 RESEARCH AND DEVELOPMENT

7 For necessary expenses of the Management Direc8 torate for research and development, $2,545,000, to re9 main available until September 30, 2019. 

10 INTELLIGENCE, ANALYSIS, AND OPERATIONS

11 COORDINATION

12 OPERATIONS AND SUPPORT

13 For necessary expenses of the Office of Intelligence 

14 and Analysis and the Office of Operations Coordination 

15 for operations and support, $245,905,000, of which 

16 $77,915,000 shall remain available until September 30, 

17 2019: Provided, That not to exceed $3,825 shall be for 

18 official reception and representation expenses and not to 

19 exceed $2,000,000 is available for facility needs associated 

20 with secure space at fusion centers, including improve21 ments to buildings. 

22 OFFICE OF INSPECTOR GENERAL

23 OPERATIONS AND SUPPORT

24 For necessary expenses of the Office of Inspector 

25 General for operations and support, $168,000,000: ProMarch 21, 2018 (6:08 p.m.)
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1 vided, That not to exceed $300,000 may be used for cer2 tain confidential operational expenses, including the pay3 ment of informants, to be expended at the direction of the 

4 Inspector General. 

5 ADMINISTRATIVE PROVISIONS

6 SEC. 101. Hereafter, the Secretary of Homeland Se7 curity shall submit to the Committees on Appropriations 

8 of the Senate and the House of Representatives, at the 

9 time the President’s budget proposal is submitted pursu10 ant to section 1105(a) of title 31, United States Code, 

11 the Future Years Homeland Security Program, as author12 ized by section 874 of the Homeland Security Act of 2002 

13 (6 U.S.C. 454). 

14 SEC. 102. Not later than 30 days after the last day 

15 of each month, the Chief Financial Officer of the Depart16 ment of Homeland Security shall submit to the Commit17 tees on Appropriations of the Senate and the House of 

18 Representatives a monthly budget and staffing report that 

19 includes total obligations of the Department for that 

20 month and for the fiscal year at the appropriation and 

21 program, project, and activity levels, by the source year 

22 of the appropriation. 

23 SEC. 103. (a) Notwithstanding section 518 of division 

24 F of the Consolidated Appropriations Act, 2016 (Public 

25 Law 114–113), the Secretary of Homeland Security shall 

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1 submit a report not later than October 15, 2018, to the 

2 Inspector General of the Department of Homeland Secu3 rity listing all grants and contracts awarded by any means 

4 other than full and open competition during fiscal years 

5 2017 and 2018. 

6 (b) The Inspector General shall review the report re7 quired by subsection (a) to assess departmental compli8 ance with applicable laws and regulations and report the 

9 results of that review to the Committees on Appropriations 

10 of the Senate and the House of Representatives not later 

11 than February 15, 2019. 

12 SEC. 104. The Secretary of Homeland Security shall 

13 require that all contracts of the Department of Homeland 

14 Security that provide award fees link such fees to success15 ful acquisition outcomes, which shall be specified in terms 

16 of cost, schedule, and performance. 

17 SEC. 105. The Secretary of Homeland Security, in 

18 consultation with the Secretary of the Treasury, shall no19 tify the Committees on Appropriations of the Senate and 

20 the House of Representatives of any proposed transfers 

21 of funds available under section 9703(g)(4)(B) of title 31, 

22 United States Code (as added by Public Law 102–393) 

23 from the Department of the Treasury Forfeiture Fund to 

24 any agency within the Department of Homeland Security: 

25 Provided, That none of the funds identified for such a 

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1 transfer may be obligated until the Committees on Appro2 priations of the Senate and the House of Representatives 

3 are notified of the proposed transfers. 

4 SEC. 106. All official costs associated with the use 

5 of Government aircraft by Department of Homeland Secu6 rity personnel to support official travel of the Secretary 

7 and the Deputy Secretary shall be paid from amounts 

8 made available for the Office of the Secretary. 

9 SEC. 107. (a) Not later than 30 days after the date 

10 of enactment of this Act, the Secretary of Homeland Secu11 rity shall submit to the Committees on Appropriations of 

12 the Senate and the House of Representatives, the Commit13 tees on the Judiciary of the Senate and the House of Rep14 resentatives, the Committee on Homeland Security and 

15 Governmental Affairs of the Senate, and the Committee 

16 on Homeland Security of the House of Representatives, 

17 a report for fiscal year 2017 on visa overstay data by 

18 country as required by section 1376 of title 8, United 

19 States Code: Provided, That the report on visa overstay 

20 data shall also include— 

21 (1) overstays from all nonimmigrant visa cat22 egories under the immigration laws, delineated by 

23 each of the classes and sub-classes of such cat24 egories; and 

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1 (2) numbers as well as rates of overstays for 

2 each class and sub-class of such nonimmigrant cat3 egories on a per-country basis. 

4 (b) The Secretary of Homeland Security shall publish 

5 on the Department’s website the metrics developed to 

6 measure the effectiveness of security between the ports of 

7 entry, including the methodology and data supporting the 

8 resulting measures. 

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1 TITLE II 

2 SECURITY, ENFORCEMENT, AND 

3 INVESTIGATIONS 

4 U.S. CUSTOMS AND BORDER PROTECTION

5 OPERATIONS AND SUPPORT

6 For necessary expenses of U.S. Customs and Border 

7 Protection for operations and support, including the trans8 portation of unaccompanied minor aliens; the provision of 

9 air and marine support to Federal, State, and local agen10 cies in the enforcement or administration of laws enforced 

11 by the Department of Homeland Security; at the discre12 tion of the Secretary of Homeland Security, the provision 

13 of such support to Federal, State, and local agencies in 

14 other law enforcement and emergency humanitarian ef15 forts; the purchase and lease of up to 7,500 (6,500 for 

16 replacement only) police-type vehicles; the purchase, main17 tenance, or operation of marine vessels, aircraft, and un18 manned aerial systems; and contracting with individuals 

19 for personal services abroad; $11,485,164,000; of which 

20 $3,274,000 shall be derived from the Harbor Maintenance 

21 Trust Fund for administrative expenses related to the col22 lection of the Harbor Maintenance Fee pursuant to section 

23 9505(c)(3) of the Internal Revenue Code of 1986 (26 

24 U.S.C. 9505(c)(3)) and notwithstanding section 

25 1511(e)(1) of the Homeland Security Act of 2002 (6 

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1 U.S.C. 551(e)(1)); of which $681,441,500 shall be avail2 able until September 30, 2019; and of which such sums 

3 as become available in the Customs User Fee Account, ex4 cept sums subject to section 13031(f)(3) of the Consoli5 dated Omnibus Budget Reconciliation Act of 1985 (19 

6 U.S.C. 58c(f)(3)), shall be derived from that account: Pro7 vided, That not to exceed $34,425 shall be for official re8 ception and representation expenses: Provided further, 

9 That not to exceed $15,000,000 may be transferred to the 

10 Bureau of Indian Affairs for the maintenance and repair 

11 of roads on Native American reservations, as required by 

12 the Border Patrol: Provided further, That not to exceed 

13 $150,000 shall be available for payment for rental space 

14 in connection with preclearance operations: Provided fur15 ther, That not to exceed $1,000,000 shall be for awards 

16 of compensation to informants, to be accounted for solely 

17 under the certificate of the Secretary of Homeland Secu18 rity. 

19 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

20 For necessary expenses of U.S. Customs and Border 

21 Protection for procurement, construction, and improve22 ments, including procurements to buy marine vessels, air23 craft, and unmanned aerial systems, $2,281,357,000, of 

24 which $846,343,000 shall remain available until SepMarch 21, 2018 (6:08 p.m.)
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1 tember 30, 2020, and of which $1,435,014,000 shall re2 main available until September 30, 2022. 

3 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

4 OPERATIONS AND SUPPORT

5 For necessary expenses of U.S. Immigration and 

6 Customs Enforcement for operations and support, includ7 ing the purchase and lease of up to 3,790 (2,350 for re8 placement only) police-type vehicles; overseas vetted units; 

9 and maintenance, minor construction, and minor leasehold 

10 improvements at owned and leased facilities; 

11 $6,993,975,000; of which $6,000,000 shall remain avail12 able until expended for efforts to enforce laws against 

13 forced child labor; of which $33,700,000 shall remain 

14 available until September 30, 2019; of which not less than 

15 $15,000,000 shall be available for investigation of intellec16 tual property rights violations, including operation of the 

17 National Intellectual Property Rights Coordination Cen18 ter; of which not less than $9,000,000 shall be available 

19 for facilities repair and maintenance projects; of which not 

20 less than $84,000,000 shall be available for vehicle fleet 

21 recapitalization; and of which not less than 

22 $4,110,337,000 shall be for enforcement, detention, and 

23 removal operations, including transportation of unaccom24 panied minor aliens: Provided, That not to exceed $11,475 

25 shall be for official reception and representation expenses: 

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1 Provided further, That not to exceed $10,000,000 shall be 

2 available until expended for conducting special operations 

3 under section 3131 of the Customs Enforcement Act of 

4 1986 (19 U.S.C. 2081): Provided further, That not to ex5 ceed $2,000,000 shall be for awards of compensation to 

6 informants, to be accounted for solely under the certificate 

7 of the Secretary of Homeland Security: Provided further, 

8 That not to exceed $11,216,000 shall be available to fund 

9 or reimburse other Federal agencies for the costs associ10 ated with the care, maintenance, and repatriation of 

11 smuggled aliens unlawfully present in the United States: 

12 Provided further, That of the amounts made available 

13 under this heading, $5,000,000 shall be withheld from ob14 ligation until the Secretary of Homeland Security submits 

15 to the Committees on Appropriations of the Senate and 

16 the House of Representatives the report required under 

17 section 212 of this Act. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of U.S. Immigration and 

20 Customs Enforcement for procurement, construction, and 

21 improvements, $81,899,000, to remain available until Sep22 tember 30, 2020; of which not less than $29,000,000 shall 

23 be available for facilities repair and maintenance projects. 

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1 TRANSPORTATION SECURITY ADMINISTRATION

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Transportation Secu4 rity Administration for operations and support, 

5 $7,207,851,000, to remain available until September 30, 

6 2019: Provided, That not to exceed $7,650 shall be for 

7 official reception and representation expenses: Provided 

8 further, That security service fees authorized under section 

9 44940 of title 49, United States Code, shall be credited 

10 to this appropriation as offsetting collections and shall be 

11 available only for aviation security: Provided further, That 

12 the sum appropriated under this heading from the general 

13 fund shall be reduced on a dollar-for-dollar basis as such 

14 offsetting collections are received during fiscal year 2018 

15 so as to result in a final fiscal year appropriation from 

16 the general fund estimated at not more than 

17 $4,737,851,000. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of the Transportation Secu20 rity Administration for procurement, construction, and 

21 improvements, $167,314,000, to remain available until 

22 September 30, 2020. 

23 RESEARCH AND DEVELOPMENT

24 For necessary expenses of the Transportation Secu25 rity Administration for research and development, 

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1 $20,190,000, to remain available until September 30, 

2 2019. 

3 COAST GUARD

4 OPERATING EXPENSES

5 For necessary expenses for the operations and main6 tenance of the Coast Guard, not otherwise provided for; 

7 purchase or lease of not to exceed 25 passenger motor ve8 hicles, which shall be for replacement only; purchase or 

9 lease of small boats for contingent and emergent require10 ments (at a unit cost of not more than $700,000) and 

11 repairs and service-life replacements, not to exceed a total 

12 of $31,000,000; purchase or lease of boats necessary for 

13 overseas deployments and activities; payments pursuant to 

14 section 156 of Public Law 97–377 (42 U.S.C. 402 note; 

15 96 Stat. 1920); and recreation and welfare; 

16 $7,373,313,000; of which $503,000,000 shall be for de17 fense-related activities, of which $163,000,000 is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985 and shall be available only 

22 if the President subsequently so designates all such 

23 amounts and transmits such designations to the Congress; 

24 and of which $24,500,000 shall be derived from the Oil 

25 Spill Liability Trust Fund to carry out the purposes of 

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1 section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

2 U.S.C. 2712(a)(5)): Provided, That not to exceed $23,000 

3 shall be for official reception and representation expenses: 

4 Provided further, That $25,000,000 shall be withheld from 

5 obligation for Coast Guard Headquarters Directorates 

6 until a future-years capital investment plan for fiscal years 

7 2019 through 2023 is submitted to the Committees on Ap8 propriations of the Senate and the House of Representa9 tives pursuant to section 220 of this Act. 

10 ENVIRONMENTAL COMPLIANCE AND RESTORATION

11 For necessary expenses to carry out the environ12 mental compliance and restoration functions of the Coast 

13 Guard under chapter 19 of title 14, United States Code, 

14 $13,397,000, to remain available until September 30, 

15 2022. 

16 RESERVE TRAINING

17 For necessary expenses of the Coast Guard Reserve; 

18 operations and maintenance of the Coast Guard Reserve 

19 Program; personnel and training costs; and equipment 

20 and services; $114,875,000. 

21 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

22 For necessary expenses of the Coast Guard for acqui23 sition, construction, renovation, and improvement of aids 

24 to navigation, shore facilities (including facilities at De25 partment of Defense installations used by the Coast 

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1 Guard), vessels, and aircraft, including equipment related 

2 thereto, $2,694,745,000; of which $20,000,000 shall be 

3 derived from the Oil Spill Liability Trust Fund to carry 

4 out the purposes of section 1012(a)(5) of the Oil Pollution 

5 Act of 1990 (33 U.S.C. 2712(a)(5)); and of which 

6 $2,573,000,000 shall be available until September 30, 

7 2022, of which $95,000,000 shall be immediately available 

8 and allotted to contract for long lead time materials for 

9 the eleventh National Security Cutter notwithstanding the 

10 availability of funds for production or post-production 

11 costs. 

12 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

13 For necessary expenses of the Coast Guard for re14 search, development, test, and evaluation; and for mainte15 nance, rehabilitation, lease, and operation of facilities and 

16 equipment; $29,141,000, to remain available until Sep17 tember 30, 2020, of which $500,000 shall be derived from 

18 the Oil Spill Liability Trust Fund to carry out the pur19 poses of section 1012(a)(5) of the Oil Pollution Act of 

20 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may 

21 be credited to and used for the purposes of this appropria22 tion funds received from State and local governments, 

23 other public authorities, private sources, and foreign coun24 tries for expenses incurred for research, development, test25 ing, and evaluation. 

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1 RETIRED PAY

2 For retired pay, including the payment of obligations 

3 otherwise chargeable to lapsed appropriations for this pur4 pose, payments under the Retired Serviceman’s Family 

5 Protection and Survivor Benefits Plans, payment for ca6 reer status bonuses, payment of continuation pay under 

7 section 356 of title 37, United States Code, concurrent 

8 receipts, combat-related special compensation, and pay9 ments for medical care of retired personnel and their de10 pendents under chapter 55 of title 10, United States Code, 

11 $1,676,117,000, to remain available until expended. 

12 UNITED STATES SECRET SERVICE

13 OPERATIONS AND SUPPORT

14 For necessary expenses of the United States Secret 

15 Service for operations and support, including purchase of 

16 not to exceed 652 vehicles for police-type use for replace17 ment only; hire of passenger motor vehicles; purchase of 

18 motorcycles made in the United States; hire of aircraft; 

19 rental of buildings in the District of Columbia; fencing, 

20 lighting, guard booths, and other facilities on private or 

21 other property not in Government ownership or control, 

22 as may be necessary to perform protective functions; con23 duct of and participation in firearms matches; presen24 tation of awards; conduct of behavioral research in sup25 port of protective intelligence and operations; payment in 

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1 advance for commercial accommodations as may be nec2 essary to perform protective functions; and payment, with3 out regard to section 5702 of title 5, United States Code, 

4 of subsistence expenses of employees who are on protective 

5 missions, whether at or away from their duty stations; 

6 $1,915,794,000; of which $39,692,000 shall remain avail7 able until September 30, 2019, of which $6,000,000 shall 

8 be for a grant for activities related to investigations of 

9 missing and exploited children; and of which $9,866,000 

10 shall be for premium pay in excess of the annual equiva11 lent of the limitation on the rate of pay contained in sec12 tion 5547(a) of title 5, United States Code, pursuant to 

13 section 2 of the Overtime Pay for Protective Services Act 

14 of 2016 (5 U.S.C. 5547 note), as amended by the Secret 

15 Service Recruitment and Retention Act of 2018: Provided, 

16 That not to exceed $19,125 shall be for official reception 

17 and representation expenses: Provided further, That not 

18 to exceed $100,000 shall be to provide technical assistance 

19 and equipment to foreign law enforcement organizations 

20 in counterfeit investigations. 

21 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

22 For necessary expenses of the United States Secret 

23 Service for procurement, construction, and improvements, 

24 $90,480,000, to remain available until September 30, 

25 2020. 

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1 RESEARCH AND DEVELOPMENT

2 For necessary expenses of the United States Secret 

3 Service for research and development, $250,000, to re4 main available until September 30, 2019. 

5 ADMINISTRATIVE PROVISIONS

6 SEC. 201. (a) For fiscal year 2018, the overtime limi7 tation prescribed in section 5(c)(1) of the Act of February 

8 13, 1911 (19 U.S.C. 267(c)(1)) shall be $45,000; and not9 withstanding any other provision of law, none of the funds 

10 appropriated by this Act shall be available to compensate 

11 any employee of U.S. Customs and Border Protection for 

12 overtime, from whatever source, in an amount that ex13 ceeds such limitation, except in individual cases deter14 mined by the Secretary of Homeland Security, or the des15 ignee of the Secretary, to be necessary for national secu16 rity purposes, to prevent excessive costs, or in cases of 

17 immigration emergencies. 

18 (b) None of the funds made available by this Act for 

19 the following accounts shall be available to compensate 

20 any employee for overtime in an annual amount in excess 

21 of $45,000: 

22 (1) ‘‘U.S. Immigration and Customs Enforce23 ment—Operations and Support’’, except that the 

24 Secretary of Homeland Security, or the designee of 

25 the Secretary, may waive such amount as necessary 

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1 for national security purposes and in cases of immi2 gration emergencies. 

3 (2) ‘‘United States Secret Service—Operations 

4 and Support’’, except that the Secretary of Home5 land Security, or the designee of the Secretary, may 

6 waive such amount as necessary for national security 

7 purposes. 

8 SEC. 202. Funding made available under the heading 

9 ‘‘U.S. Customs and Border Protection—Operations and 

10 Support’’ and ‘‘U.S. Customs and Border Protection— 

11 Procurement, Construction, and Improvements’’ shall be 

12 available for customs expenses when necessary to maintain 

13 operations and prevent adverse personnel actions in Puer14 to Rico in addition to funding provided by 48 U.S.C. 740. 

15 SEC. 203. Hereafter, no U.S. Customs and Border 

16 Protection aircraft or other related equipment, with the 

17 exception of aircraft that are one of a kind and have been 

18 identified as excess to U.S. Customs and Border Protec19 tion requirements and aircraft that have been damaged 

20 beyond repair, shall be transferred to any other Federal 

21 agency, department, or office outside of the Department 

22 of Homeland Security without prior notice to the Commit23 tees on Appropriations of the Senate and the House of 

24 Representatives. 

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1 SEC. 204. As authorized by section 601(b) of the 

2 United States-Colombia Trade Promotion Agreement Im3 plementation Act (Public Law 112–42), fees collected 

4 from passengers arriving from Canada, Mexico, or an ad5 jacent island pursuant to section 13031(a)(5) of the Con6 solidated Omnibus Budget Reconciliation Act of 1985 (19 

7 U.S.C. 58c(a)(5)) shall be available until expended. 

8 SEC. 205. For an additional amount for ‘‘U.S. Cus9 toms and Border Protection—Operations and Support’’, 

10 $31,000,000, to remain available until expended, to be re11 duced by amounts collected and credited to this appropria12 tion in fiscal year 2018 from amounts authorized to be 

13 collected by section 286(i) of the Immigration and Nation14 ality Act (8 U.S.C. 1356(i)), section 10412 of the Farm 

15 Security and Rural Investment Act of 2002 (7 U.S.C. 

16 8311), and section 817 of the Trade Facilitation and 

17 Trade Enforcement Act of 2015 (Public Law 114–25), or 

18 other such authorizing language: Provided, That to the ex19 tent that amounts realized from such collections exceed 

20 $31,000,000, those amounts in excess of $31,000,000 

21 shall be credited to this appropriation, to remain available 

22 until expended. 

23 SEC. 206. None of the funds made available in this 

24 Act for U.S. Customs and Border Protection may be used 

25 to prevent an individual not in the business of importing 

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1 a prescription drug (within the meaning of section 801(g) 

2 of the Federal Food, Drug, and Cosmetic Act) from im3 porting a prescription drug from Canada that complies 

4 with the Federal Food, Drug, and Cosmetic Act: Provided, 

5 That this section shall apply only to individuals trans6 porting on their person a personal-use quantity of the pre7 scription drug, not to exceed a 90-day supply: Provided 

8 further, That the prescription drug may not be— 

9 (1) a controlled substance, as defined in section 

10 102 of the Controlled Substances Act (21 U.S.C. 

11 802); or 

12 (2) a biological product, as defined in section 

13 351 of the Public Health Service Act (42 U.S.C. 

14 262). 

15 SEC. 207. Notwithstanding any other provision of 

16 law, none of the funds provided in this or any other Act 

17 shall be used to approve a waiver of the navigation and 

18 vessel-inspection laws pursuant to section 501(b) of title 

19 46, United States Code, for the transportation of crude 

20 oil distributed from and to the Strategic Petroleum Re21 serve until the Secretary of Homeland Security, after con22 sultation with the Secretaries of the Departments of En23 ergy and Transportation and representatives from the 

24 United States flag maritime industry, takes adequate 

25 measures to ensure the use of United States flag vessels: 

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1 Provided, That the Secretary shall notify the Committees 

2 on Appropriations of the Senate and the House of Rep3 resentatives, the Committee on Commerce, Science, and 

4 Transportation of the Senate, and the Committee on 

5 Transportation and Infrastructure of the House of Rep6 resentatives within 2 business days of any request for 

7 waivers of navigation and vessel-inspection laws pursuant 

8 to section 501(b) of title 46, United States Code, with re9 spect to such transportation, and the disposition of such 

10 requests. 

11 SEC. 208. (a) Beginning on the date of enactment 

12 of this Act, the Secretary of Homeland Security shall 

13 not— 

14 (1) establish, collect, or otherwise impose any 

15 new border crossing fee on individuals crossing the 

16 Southern border or the Northern border at a land 

17 port of entry; or 

18 (2) conduct any study relating to the imposition 

19 of a border crossing fee. 

20 (b) In this section, the term ‘‘border crossing fee’’ 

21 means a fee that every pedestrian, cyclist, and driver and 

22 passenger of a private motor vehicle is required to pay 

23 for the privilege of crossing the Southern border or the 

24 Northern border at a land port of entry. 

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1 SEC. 209. Without regard to the limitation as to time 

2 and condition of section 503(d) of this Act, the Secretary 

3 may reprogram within and transfer funds to ‘‘U.S. Immi4 gration and Customs Enforcement—Operations and Sup5 port’’ as necessary to ensure the detention of aliens 

6 prioritized for removal. 

7 SEC. 210. None of the funds provided under the 

8 heading ‘‘U.S. Immigration and Customs Enforcement— 

9 Operations and Support’’ may be used to continue a dele10 gation of law enforcement authority authorized under sec11 tion 287(g) of the Immigration and Nationality Act (8 

12 U.S.C. 1357(g)) if the Department of Homeland Security 

13 Inspector General determines that the terms of the agree14 ment governing the delegation of authority have been ma15 terially violated. 

16 SEC. 211. None of the funds provided under the 

17 heading ‘‘U.S. Immigration and Customs Enforcement— 

18 Operations and Support’’ may be used to continue any 

19 contract for the provision of detention services if the two 

20 most recent overall performance evaluations received by 

21 the contracted facility are less than ‘‘adequate’’ or the 

22 equivalent median score in any subsequent performance 

23 evaluation system. 

24 SEC. 212. The Secretary of Homeland Security shall 

25 submit a report to the Committees on Appropriations of 

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1 the Senate and the House of Representatives that (a) 

2 identifies any instance during fiscal year 2017 or 2018 

3 in which payments have been made by U.S. Immigration 

4 and Customs Enforcement, or employees of U.S. Immigra5 tion and Customs Enforcement have erroneously entered 

6 into financial obligations, for activities in violation of sub7 part D of part 550 of title 5, Code of Federal Regulations; 

8 (b) includes specific actions the Office of the Chief Finan9 cial Officer and the Office of the Principal Legal Advisor 

10 will take to improve agency-wide understanding of such 

11 subpart D; and (c) includes a certification by the Director 

12 of U.S. Immigration and Customs Enforcement that the 

13 Office of the Chief Financial Officer and the Office of the 

14 Principal Legal Advisor have developed a plan and imple15 mented training necessary for strengthening internal con16 trols necessary to avoid violations of such subpart D. 

17 SEC. 213. (a) Notwithstanding any other provision 

18 of law, for employees of U.S. Immigration and Customs 

19 Enforcement and their dependents eligible for Payments 

20 During Evacuation in accordance with title 5, Code of 

21 Federal Regulations, part 550, from August 23, 2017, 

22 through December 1, 2017, as a result of Hurricanes Har23 vey, Irma, and Maria, the requirement of section 

24 550.405(b)(2) of such title to reduce subsistence expenses 

25 to 60 percent of the applicable rate shall not apply. 

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1 (b) The Secretary of Homeland Security may author2 ize reimbursement for lodging, meals, and incidental ex3 penses for such employees and their dependents using the 

4 actual expense method set forth in subpart D of part 301– 

5 11 of title 41, Code of Federal Regulations, subject to the 

6 cap of 300 percent of the applicable maximum per diem 

7 rate, as provided in such section. 

8 SEC. 214. Members of the United States House of 

9 Representatives and the United States Senate, including 

10 the leadership; the heads of Federal agencies and commis11 sions, including the Secretary, Deputy Secretary, Under 

12 Secretaries, and Assistant Secretaries of the Department 

13 of Homeland Security; the United States Attorney Gen14 eral, Deputy Attorney General, Assistant Attorneys Gen15 eral, and the United States Attorneys; and senior mem16 bers of the Executive Office of the President, including 

17 the Director of the Office of Management and Budget, 

18 shall not be exempt from Federal passenger and baggage 

19 screening. 

20 SEC. 215. Any award by the Transportation Security 

21 Administration to deploy explosives detection systems 

22 shall be based on risk, the airport’s current reliance on 

23 other screening solutions, lobby congestion resulting in in24 creased security concerns, high injury rates, airport readi25 ness, and increased cost effectiveness. 

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1 SEC. 216. Notwithstanding section 44923 of title 49, 

2 United States Code, for fiscal year 2018, any funds in 

3 the Aviation Security Capital Fund established by section 

4 44923(h) of title 49, United States Code, may be used 

5 for the procurement and installation of explosives detec6 tion systems or for the issuance of other transaction agree7 ments for the purpose of funding projects described in sec8 tion 44923(a) of such title. 

9 SEC. 217. None of the funds made available by this 

10 or any other Act may be used by the Administrator of 

11 the Transportation Security Administration to implement, 

12 administer, or enforce, in abrogation of the responsibility 

13 described in section 44903(n)(1) of title 49, United States 

14 Code, any requirement that airport operators provide air15 port-financed staffing to monitor exit points from the ster16 ile area of any airport at which the Transportation Secu17 rity Administration provided such monitoring as of De18 cember 1, 2013. 

19 SEC. 218. None of the funds made available by this 

20 Act under the heading ‘‘Coast Guard—Operating Ex21 penses’’ shall be for expenses incurred for recreational ves22 sels under section 12114 of title 46, United States Code, 

23 except to the extent fees are collected from owners of 

24 yachts and credited to the appropriation made available 

25 by this Act under the heading ‘‘Coast Guard—Operating 

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1 Expenses’’: Provided, That to the extent such fees are in2 sufficient to pay expenses of recreational vessel docu3 mentation under such section 12114, and there is a back4 log of recreational vessel applications, personnel per5 forming non-recreational vessel documentation functions 

6 under subchapter II of chapter 121 of title 46, United 

7 States Code, may perform documentation under section 

8 12114. 

9 SEC. 219. Without regard to the limitation as to time 

10 and condition of section 503(d) of this Act, after June 

11 30, up to $10,000,000 may be reprogrammed to or from 

12 the Military Pay and Allowances funding category within 

13 ‘‘Coast Guard—Operating Expenses’’ in accordance with 

14 subsection (a) of section 503 of this Act. 

15 SEC. 220. Notwithstanding any other provision of 

16 law, the Commandant of the Coast Guard shall submit 

17 to the Committees on Appropriations of the Senate and 

18 the House of Representatives a future-years capital invest19 ment plan as described in the second proviso under the 

20 heading ‘‘Coast Guard—Acquisition, Construction, and 

21 Improvements’’ in the Department of Homeland Security 

22 Appropriations Act, 2015 (Public Law 114–4), which shall 

23 be subject to the requirements in the third and fourth pro24 visos under such heading. 

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1 SEC. 221. None of the funds in this Act shall be used 

2 to reduce the Coast Guard’s Operations Systems Center 

3 mission or its government-employed or contract staff lev4 els. 

5 SEC. 222. None of the funds appropriated by this Act 

6 may be used to conduct, or to implement the results of, 

7 a competition under Office of Management and Budget 

8 Circular A–76 for activities performed with respect to the 

9 Coast Guard National Vessel Documentation Center. 

10 SEC. 223. Funds made available in this Act may be 

11 used to alter operations within the Civil Engineering Pro12 gram of the Coast Guard nationwide, including civil engi13 neering units, facilities design and construction centers, 

14 maintenance and logistics commands, and the Coast 

15 Guard Academy, except that none of the funds provided 

16 in this Act may be used to reduce operations within any 

17 civil engineering unit unless specifically authorized by a 

18 statute enacted after the date of enactment of this Act. 

19 SEC. 224. Funds made available for Overseas Contin20 gency Operations/Global War on Terrorism under the 

21 heading ‘‘Coast Guard—Operating Expenses’’ may be al22 located by program, project, and activity, notwithstanding 

23 section 503 of this Act. 

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1 SEC. 225. Section 423 of title 14, United States 

2 Code, is amended by inserting after subsection (c) the fol3 lowing: 

4 ‘‘(d) In addition to amounts computed pursuant to 

5 subsections (a) through (c) of this section, a full TSP 

6 member (as defined in section 8440e(a) of title 5) of the 

7 Coast Guard is entitled to continuation pay pursuant to 

8 section 356 of title 37.’’. 

9 SEC. 226. The United States Secret Service is au10 thorized to obligate funds in anticipation of reimburse11 ments from Federal agencies and entities, as defined in 

12 section 105 of title 5, United States Code, for personnel 

13 receiving training sponsored by the James J. Rowley 

14 Training Center, except that total obligations at the end 

15 of the fiscal year shall not exceed total budgetary re16 sources available under the heading ‘‘United States Secret 

17 Service—Operations and Support’’ at the end of the fiscal 

18 year. 

19 SEC. 227. None of the funds made available to the 

20 United States Secret Service by this Act or by previous 

21 appropriations Acts may be made available for the protec22 tion of the head of a Federal agency other than the Sec23 retary of Homeland Security: Provided, That the Director 

24 of the United States Secret Service may enter into agreeMarch 21, 2018 (6:08 p.m.)
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1 ments to provide such protection on a fully reimbursable 

2 basis. 

3 SEC. 228. For purposes of section 503(a)(3) of this 

4 Act, up to $15,000,000 may be reprogrammed within 

5 ‘‘United States Secret Service—Operations and Support’’. 

6 SEC. 229. Funding made available in this Act for 

7 ‘‘United States Secret Service—Operations and Support’’ 

8 is available for travel of United States Secret Service em9 ployees on protective missions without regard to the limi10 tations on such expenditures in this or any other Act if 

11 the Director of the United States Secret Service or a des12 ignee notifies the Committees on Appropriations of the 

13 Senate and the House of Representatives 10 or more days 

14 in advance, or as early as practicable, prior to such ex15 penditures. 

16 SEC. 230. (a) Of the amount made available in this 

17 Act under ‘‘U.S. Customs and Border Protection—Pro18 curement, Construction, and Improvements’’, 

19 $1,571,000,000 shall be available only as follows: 

20 (1) $251,000,000 for approximately 14 miles of 

21 secondary fencing, all of which provides for cross22 barrier visual situational awareness, along the south23 west border in the San Diego Sector; 

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1 (2) $445,000,000 for 25 miles of primary pe2 destrian levee fencing along the southwest border in 

3 the Rio Grande Valley Sector; 

4 (3) $196,000,000 for primary pedestrian fenc5 ing along the southwest border in the Rio Grande 

6 Valley Sector; 

7 (4) $445,000,000 for replacement of existing 

8 primary pedestrian fencing along the southwest bor9 der; 

10 (5) $38,000,000 for border barrier planning 

11 and design; and 

12 (6) $196,000,000 for acquisition and deploy13 ment of border security technology. 

14 (b) The amounts designated in subsection (a)(2) 

15 through (a)(4) shall only be available for operationally ef16 fective designs deployed as of the date of the Consolidated 

17 Appropriations Act, 2017, (Public Law 115–31), such as 

18 currently deployed steel bollard designs, that prioritize 

19 agent safety. 

20 (c) None of the funds provided in this or any other 

21 Act shall be obligated for construction of a border barrier 

22 in the Santa Ana National Wildlife Refuge. 

23 SEC. 231. (a) Not later than 180 days after the date 

24 of the enactment of this Act, the Secretary shall submit 

25 to the Committees on Appropriations of the Senate and 

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1 the House of Representatives a risk-based plan for im2 proving security along the borders of the United States, 

3 including the use of personnel, fencing, other forms of tac4 tical infrastructure, and technology, to include— 

5 (1) A statement of goals, objectives, activities, 

6 and milestones for the plan. 

7 (2) A detailed implementation schedule for the 

8 plan with estimates for the planned obligation of 

9 funds for fiscal years 2019 through 2027 that are 

10 linked to the milestone-based delivery of specific— 

11 (A) capabilities and services; 

12 (B) mission benefits and outcomes; 

13 (C) program management capabilities; and 

14 (D) lifecycle cost estimates. 

15 (3) A description of the manner in which spe16 cific projects under the plan will enhance border se17 curity goals and objectives and address the highest 

18 priority border security needs. 

19 (4) An identification of the planned locations, 

20 quantities, and types of resources, such as fencing, 

21 other physical barriers, or other tactical infrastruc22 ture and technology, under the plan. 

23 (5) A description of the methodology and anal24 yses used to select specific resources for deployment 

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1 to particular locations under the plan that in2 cludes— 

3 (A) analyses of alternatives, including com4 parative costs and benefits; 

5 (B) an assessment of effects on commu6 nities and property owners near areas of infra7 structure deployment; and 

8 (C) a description of other factors critical to 

9 the decision-making process. 

10 (6) An identification of staffing requirements 

11 under the plan, including full-time equivalents, con12 tractors, and detailed personnel, by activity. 

13 (7) A description of performance metrics for 

14 the plan for assessing and reporting on the contribu15 tions of border security capabilities realized from 

16 current and future investments. 

17 (8) A description of the status of the actions of 

18 the Department of Homeland Security to address 

19 open recommendations by the Office of Inspector 

20 General and the Government Accountability Office 

21 relating to border security, including plans, sched22 ules, and associated milestones for fully addressing 

23 such recommendations. 

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1 (9) A plan to consult State and local elected of2 ficials on the eminent domain and construction proc3 ess relating to physical barriers; 

4 (10) An analysis, following consultation with 

5 the Secretary of the Interior and the Administrator 

6 of the Environmental Protection Agency, of the envi7 ronmental impacts, including on wildlife, of the con8 struction and placement of physical barriers planned 

9 along the Southwest border, including in the Santa 

10 Ana National Wildlife Refuge; and 

11 (11) Certifications by the Under Secretary of 

12 Homeland Security for Management, that— 

13 (A) the plan has been reviewed and ap14 proved in accordance with an acquisition review 

15 management process that complies with capital 

16 planning and investment control and review re17 quirements established by the Office of Manage18 ment and Budget, including as provided in Cir19 cular A–11, part 7; and 

20 (B) all activities under the plan comply 

21 with Federal acquisition rules, requirements, 

22 guidelines, and practices. 

23 (b) The Secretary shall concurrently submit the plan 

24 required in subsection (a) to the Comptroller General of 

25 the United States, who shall evaluate the plan and report 

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1 to the Committees on Appropriations of the Senate and 

2 the House of Representatives on the strengths and weak3 nesses of such plan not later than 120 days after receiving 

4 such plan. 

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1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

5 OPERATIONS AND SUPPORT

6 For necessary expenses of the National Protection 

7 and Programs Directorate for operations and support, 

8 $1,482,165,000, of which $8,912,000 shall remain avail9 able until September 30, 2019: Provided, That not to ex10 ceed $3,825 shall be for official reception and representa11 tion expenses. 

12 FEDERAL PROTECTIVE SERVICE

13 The revenues and collections of security fees credited 

14 to this account shall be available until expended for nec15 essary expenses related to the protection of federally 

16 owned and leased buildings and for the operations of the 

17 Federal Protective Service. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of the National Protection 

20 and Programs Directorate for procurement, construction, 

21 and improvements, $414,111,000, to remain available 

22 until September 30, 2019. 

23 RESEARCH AND DEVELOPMENT

24 For necessary expenses of the National Protection 

25 and Programs Directorate for research and development, 

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1 $15,126,000, to remain available until September 30, 

2 2019. 

3 OFFICE OF HEALTH AFFAIRS

4 OPERATIONS AND SUPPORT

5 For necessary expenses of the Office of Health Af6 fairs for operations and support, $121,569,000, of which 

7 $14,020,000 shall remain available until September 30, 

8 2019. 

9 FEDERAL EMERGENCY MANAGEMENT AGENCY

10 OPERATIONS AND SUPPORT

11 For necessary expenses of the Federal Emergency 

12 Management Agency for operations and support, 

13 $1,030,135,000: Provided, That not to exceed $2,250 

14 shall be for official reception and representation expenses. 

15 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

16 For necessary expenses of the Federal Emergency 

17 Management Agency for procurement, construction, and 

18 improvements, $85,276,000, to remain available until Sep19 tember 30, 2019. 

20 FEDERAL ASSISTANCE

21 For activities of the Federal Emergency Management 

22 Agency for Federal assistance through grants, contracts, 

23 cooperative agreements, and other activities, 

24 $3,293,932,000, which shall be allocated as follows: 

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1 (1) $507,000,000 for the State Homeland Secu2 rity Grant Program under section 2004 of the 

3 Homeland Security Act of 2002 (6 U.S.C. 605), of 

4 which $85,000,000 shall be for Operation 

5 Stonegarden, and $10,000,000 shall be for organiza6 tions (as described under section 501(c)(3) of the 

7 Internal Revenue Code of 1986 and exempt from tax 

8 under such 501(a) of such code) determined by the 

9 Secretary of Homeland Security to be at high risk 

10 of a terrorist attack: Provided, That notwithstanding 

11 subsection (c)(4) of such section 2004, for fiscal 

12 year 2018, the Commonwealth of Puerto Rico shall 

13 make available to local and tribal governments 

14 amounts provided to the Commonwealth of Puerto 

15 Rico under this paragraph in accordance with sub16 section (c)(1) of such section 2004. 

17 (2) $630,000,000 for the Urban Area Security 

18 Initiative under section 2003 of the Homeland Secu19 rity Act of 2002 (6 U.S.C. 604), of which 

20 $50,000,000 shall be for organizations (as described 

21 under section 501(c)(3) of the Internal Revenue 

22 Code of 1986 and exempt from tax under section 

23 501(a) of such code) determined by the Secretary of 

24 Homeland Security to be at high risk of a terrorist 

25 attack. 

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1 (3) $100,000,000 for Public Transportation Se2 curity Assistance, Railroad Security Assistance, and 

3 Over-the-Road Bus Security Assistance under sec4 tions 1406, 1513, and 1532 of the Implementing 

5 Recommendations of the 9/11 Commission Act of 

6 2007 (6 U.S.C. 1135, 1163, and 1182), of which 

7 $10,000,000 shall be for Amtrak security and 

8 $2,000,000 shall be for Over-the-Road Bus Security: 

9 Provided, That such public transportation security 

10 assistance shall be provided directly to public trans11 portation agencies. 

12 (4) $100,000,000 for Port Security Grants in 

13 accordance with section 70107 of title 46, United 

14 States Code. 

15 (5) $700,000,000, to remain available until 

16 September 30, 2019, of which $350,000,000 shall be 

17 for Assistance to Firefighter Grants and 

18 $350,000,000 shall be for Staffing for Adequate 

19 Fire and Emergency Response Grants under sec20 tions 33 and 34 respectively of the Federal Fire Pre21 vention and Control Act of 1974 (15 U.S.C. 2229 

22 and 2229a). 

23 (6) $350,000,000 for emergency management 

24 performance grants under the National Flood Insur25 ance Act of 1968 (42 U.S.C. 4001), the Robert T. 

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1 Stafford Disaster Relief and Emergency Assistance 

2 Act (42 U.S.C. 5121), the Earthquake Hazards Re3 duction Act of 1977 (42 U.S.C. 7701), section 762 

4 of title 6, United States Code, and Reorganization 

5 Plan No. 3 of 1978 (5 U.S.C. App.). 

6 (7) $249,200,000 for the National Predisaster 

7 Mitigation Fund under section 203 of the Robert T. 

8 Stafford Disaster Relief and Emergency Assistance 

9 Act (42 U.S.C. 5133), to remain available until ex10 pended. 

11 (8) $262,531,000 for necessary expenses for 

12 Flood Hazard Mapping and Risk Analysis, in addi13 tion to and to supplement any other sums appro14 priated under the National Flood Insurance Fund, 

15 and such additional sums as may be provided by 

16 States or other political subdivisions for cost-shared 

17 mapping activities under section 1360(f)(2) of the 

18 National Flood Insurance Act of 1968 (42 U.S.C. 

19 4101(f)(2)), to remain available until expended. 

20 (9) $120,000,000 for the emergency food and 

21 shelter program under title III of the McKinney22 Vento Homeless Assistance Act (42 U.S.C. 11331), 

23 to remain available until expended: Provided, That 

24 not to exceed 3.5 percent shall be for total adminis25 trative costs. 

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1 (10) $275,201,000 to sustain current oper2 ations for training, exercises, technical assistance, 

3 and other programs. 

4 DISASTER RELIEF FUND

5 For necessary expenses in carrying out the Robert 

6 T. Stafford Disaster Relief and Emergency Assistance Act 

7 (42 U.S.C. 5121 et seq.), $7,900,720,000, to remain avail8 able until expended, of which $7,366,000,000 shall be for 

9 major disasters declared pursuant to the Robert T. Staf10 ford Disaster Relief and Emergency Assistance Act (42 

11 U.S.C. 5121 et seq.) and is designated by the Congress 

12 as being for disaster relief pursuant to section 

13 251(b)(2)(D) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 NATIONAL FLOOD INSURANCE FUND

16 For activities under the National Flood Insurance 

17 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 

18 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 

19 Biggert-Waters Flood Insurance Reform Act of 2012 

20 (Public Law 112–141, 126 Stat. 916), and the Home21 owner Flood Insurance Affordability Act of 2014 (Public 

22 Law 113–89; 128 Stat. 1020), $203,500,000, to remain 

23 available until September 30, 2019, which shall be derived 

24 from offsetting amounts collected under section 1308(d) 

25 of the National Flood Insurance Act of 1968 (42 U.S.C. 

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1 4015(d)); of which $13,573,000 shall be available for mis2 sion support associated with flood management; and of 

3 which $189,927,000 shall be available for flood plain man4 agement and flood mapping: Provided, That any addi5 tional fees collected pursuant to section 1308(d) of the 

6 National Flood Insurance Act of 1968 (42 U.S.C. 

7 4015(d)) shall be credited as offsetting collections to this 

8 account, to be available for flood plain management and 

9 flood mapping: Provided further, That in fiscal year 2018, 

10 no funds shall be available from the National Flood Insur11 ance Fund under section 1310 of the National Flood In12 surance Act of 1968 (42 U.S.C. 4017) in excess of— 

13 (1) $165,224,000 for operating expenses and 

14 salaries and expenses associated with flood insurance 

15 operations; 

16 (2) $1,123,000,000 for commissions and taxes 

17 of agents; 

18 (3) such sums as are necessary for interest on 

19 Treasury borrowings; and 

20 (4) $175,000,000, which shall remain available 

21 until expended, for flood mitigation actions and for 

22 flood mitigation assistance under section 1366 of the 

23 National Flood Insurance Act of 1968 (42 U.S.C. 

24 4104c), notwithstanding sections 1366(e) and 

25 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 

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1 Provided further, That the amounts collected under section 

2 102 of the Flood Disaster Protection Act of 1973 (42 

3 U.S.C. 4012a) and section 1366(e) of the National Flood 

4 Insurance Act of 1968 shall be deposited in the National 

5 Flood Insurance Fund to supplement other amounts speci6 fied as available for section 1366 of the National Flood 

7 Insurance Act of 1968, notwithstanding section 102(f)(8), 

8 section 1366(e), and paragraphs (1) through (3) of section 

9 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 

10 4104d(b)(1)–(3)): Provided further, That total administra11 tive costs shall not exceed 4 percent of the total appropria12 tion: Provided further, That up to $5,000,000 is available 

13 to carry out section 24 of the Homeowner Flood Insurance 

14 Affordability Act of 2014 (42 U.S.C. 4033). 

15 ADMINISTRATIVE PROVISIONS

16 SEC. 301. Notwithstanding section 2008(a)(12) of 

17 the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) 

18 or any other provision of law, not more than 5 percent 

19 of the amount of a grant made available in paragraphs 

20 (1) through (4) under ‘‘Federal Emergency Management 

21 Agency—Federal Assistance’’, may be used by the grantee 

22 for expenses directly related to administration of the 

23 grant. 

24 SEC. 302. Applications for grants under the heading 

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1 sistance’’, for paragraphs (1) through (4), shall be made 

2 available to eligible applicants not later than 60 days after 

3 the date of enactment of this Act, eligible applicants shall 

4 submit applications not later than 80 days after the grant 

5 announcement, and the Administrator of the Federal 

6 Emergency Management Agency shall act within 65 days 

7 after the receipt of an application. 

8 SEC. 303. Under the heading ‘‘Federal Emergency 

9 Management Agency—Federal Assistance’’, for grants 

10 under paragraphs (1) through (4), the Administrator of 

11 the Federal Emergency Management Agency shall brief 

12 the Committees on Appropriations of the Senate and the 

13 House of Representatives 5 full business days in advance 

14 of announcing publicly the intention of making an award. 

15 SEC. 304. Under the heading ‘‘Federal Emergency 

16 Management Agency—Federal Assistance’’, for grants 

17 under paragraphs (1) and (2), the installation of commu18 nications towers is not considered construction of a build19 ing or other physical facility. 

20 SEC. 305. Notwithstanding any other provision of 

21 law, grants awarded to States along the Southwest Border 

22 of the United States under sections 2003 or 2004 of the 

23 Homeland Security Act of 2002 (6 U.S.C. 604 and 605) 

24 using funds provided under the heading ‘‘Federal Emer25 gency Management Agency—Federal Assistance’’ for 

March 21, 2018 (6:08 p.m.)
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1 grants under paragraph (1) in this Act, or under the head2 ing ‘‘Federal Emergency Management Agency—State and 

3 Local Programs’’ in Public Law 114–4, division F of Pub4 lic Law 113–76, or division D of Public Law 113–6 may 

5 be used by recipients or sub-recipients for costs, or reim6 bursement of costs, related to providing humanitarian re7 lief to unaccompanied alien children and alien adults ac8 companied by an alien minor where they are encountered 

9 after entering the United States, provided that such costs 

10 were incurred between January 1, 2014, and December 

11 31, 2014, or during the award period of performance. 

12 SEC. 306. The reporting requirements in paragraphs 

13 (1) and (2) under the heading ‘‘Federal Emergency Man14 agement Agency—Disaster Relief Fund’’ in the Depart15 ment of Homeland Security Appropriations Act, 2015 

16 (Public Law 114–4) shall be applied in fiscal year 2018 

17 with respect to budget year 2019 and current fiscal year 

18 2018, respectively— 

19 (1) in paragraph (1) by substituting ‘‘fiscal 

20 year 2019’’ for ‘‘fiscal year 2016’’; and 

21 (2) in paragraph (2) by inserting ‘‘business’’ 

22 after ‘‘fifth’’. 

23 SEC. 307. In making grants under the heading ‘‘Fire24 fighter Assistance Grants’’, the Secretary may grant waiv25 ers from the requirements in subsections (a)(1)(A), 

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1 (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 

2 34 of the Federal Fire Prevention and Control Act of 1974 

3 (15 U.S.C. 2229a). 

4 SEC. 308. The aggregate charges assessed during fis5 cal year 2018, as authorized in title III of the Depart6 ments of Veterans Affairs and Housing and Urban Devel7 opment, and Independent Agencies Appropriations Act, 

8 1999 (42 U.S.C. 5196e), shall not be less than 100 per9 cent of the amounts anticipated by the Department of 

10 Homeland Security to be necessary for its Radiological 

11 Emergency Preparedness Program for the next fiscal year: 

12 Provided, That the methodology for assessment and collec13 tion of fees shall be fair and equitable and shall reflect 

14 costs of providing such services, including administrative 

15 costs of collecting such fees: Provided further, That such 

16 fees shall be deposited in a Radiological Emergency Pre17 paredness Program account as offsetting collections and 

18 will become available for authorized purposes on October 

19 1, 2018, and remain available until expended. 

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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TRAINING, AND 

3 SERVICES 

4 U.S. CITIZENSHIP AND IMMIGRATION SERVICES

5 OPERATIONS AND SUPPORT

6 For necessary expenses of U.S. Citizenship and Im7 migration Services for operations and support of the E8 Verify Program, $108,856,000. 

9 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

10 For necessary expenses of U.S. Citizenship and Im11 migration Services for procurement, construction, and im12 provements of the E-Verify Program, $22,657,000, to re13 main available until September 30, 2020. 

14 FEDERAL LAW ENFORCEMENT TRAINING CENTERS

15 OPERATIONS AND SUPPORT

16 For necessary expenses of the Federal Law Enforce17 ment Training Centers for operations and support, includ18 ing the purchase of not to exceed 117 vehicles for police19 type use and hire of passenger motor vehicles, and services 

20 as authorized by section 3109 of title 5, United States 

21 Code, $254,000,000, of which $62,701,000 shall remain 

22 available until September 30, 2019: Provided, That not 

23 to exceed $7,180 shall be for official reception and rep24 resentation expenses. 

March 21, 2018 (6:08 p.m.)
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1 SCIENCE AND TECHNOLOGY DIRECTORATE

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Science and Tech4 nology Directorate for operations and support, including 

5 the purchase or lease of not to exceed 5 vehicles, 

6 $331,113,000, of which $196,361,000 shall remain avail7 able until September 30, 2019: Provided, That not to ex8 ceed $7,650 shall be for official reception and representa9 tion expenses. 

10 RESEARCH AND DEVELOPMENT

11 For necessary expenses of the Science and Tech12 nology Directorate for research and development, 

13 $509,830,000, to remain available until September 30, 

14 2020. 

15 DOMESTIC NUCLEAR DETECTION OFFICE

16 OPERATIONS AND SUPPORT

17 For necessary expenses of the Domestic Nuclear De18 tection Office for operations and support, $54,664,000: 

19 Provided, That not to exceed $2,250 shall be for official 

20 reception and representation expenses. 

21 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

22 For necessary expenses of the Domestic Nuclear De23 tection Office for procurement, construction, and improve24 ments, $89,096,000, to remain available until September 

25 30, 2020. 

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1 RESEARCH AND DEVELOPMENT

2 For necessary expenses of the Domestic Nuclear De3 tection Office for research and development, 

4 $145,661,000, to remain available until September 30, 

5 2020. 

6 FEDERAL ASSISTANCE

7 For necessary expenses of the Domestic Nuclear De8 tection Office for Federal assistance through grants, con9 tracts, cooperative agreements, and other activities, 

10 $46,019,000, to remain available until September 30, 

11 2020. 

12 ADMINISTRATIVE PROVISIONS

13 SEC. 401. Notwithstanding any other provision of 

14 law, funds otherwise made available to U.S. Citizenship 

15 and Immigration Services may be used to acquire, operate, 

16 equip, and dispose of up to 5 vehicles, for replacement 

17 only, for areas where the Administrator of General Serv18 ices does not provide vehicles for lease: Provided, That the 

19 Director of U.S. Citizenship and Immigration Services 

20 may authorize employees who are assigned to those areas 

21 to use such vehicles to travel between the employees’ resi22 dences and places of employment. 

23 SEC. 402. None of the funds made available in this 

24 Act may be used by U.S. Citizenship and Immigration 

25 Services to grant an immigration benefit unless the results 

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1 of background checks required by law to be completed 

2 prior to the granting of the benefit have been received by 

3 U.S. Citizenship and Immigration Services, and the re4 sults do not preclude the granting of the benefit. 

5 SEC. 403. None of the funds appropriated by this Act 

6 may be used to process or approve a competition under 

7 Office of Management and Budget Circular A–76 for serv8 ices provided by employees (including employees serving 

9 on a temporary or term basis) of U.S. Citizenship and Im10 migration Services of the Department of Homeland Secu11 rity who are known as Immigration Information Officers, 

12 Immigration Service Analysts, Contact Representatives, 

13 Investigative Assistants, or Immigration Services Officers. 

14 SEC. 404. (a) Notwithstanding section 1356(n) of 

15 title 8, United States Code, of the funds deposited into 

16 the Immigration Examinations Fee Account, up to 

17 $10,000,000 may be allocated by U.S. Citizenship and Im18 migration Services in fiscal year 2018 for the purpose of 

19 providing an Immigrant Integration grants program. 

20 (b) None of the funds made available to U.S. Citizen21 ship and Immigration Services for grants for immigrant 

22 integration under subsection (a) may be used to provide 

23 services to aliens who have not been lawfully admitted for 

24 permanent residence. 

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1 SEC. 405. The Director of the Federal Law Enforce2 ment Training Centers is authorized to distribute funds 

3 to Federal law enforcement agencies for expenses incurred 

4 participating in training accreditation. 

5 SEC. 406. The Federal Law Enforcement Training 

6 Accreditation Board, including representatives from the 

7 Federal law enforcement community and non-Federal ac8 creditation experts involved in law enforcement training, 

9 shall lead the Federal law enforcement training accredita10 tion process to continue the implementation of measuring 

11 and assessing the quality and effectiveness of Federal law 

12 enforcement training programs, facilities, and instructors. 

13 SEC. 407. (a) There is to be established a ‘‘Federal 

14 Law Enforcement Training Centers—Procurement, Con15 struction, and Improvements’’ appropriations account for 

16 planning, operational development, engineering, and pur17 chases prior to sustainment and for information tech18 nology-related procurement, construction, and improve19 ments, including non-tangible assets of the Federal Law 

20 Enforcement Training Centers. 

21 (b) The Director of the Federal Law Enforcement 

22 Training Centers may accept transfers to the account es23 tablished by subsection (a) from Government agencies re24 questing the construction of special use facilities, as au25 thorized by the Economy Act (31 U.S.C. 1535(b)): ProMarch 21, 2018 (6:08 p.m.)
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1 vided, That the Federal Law Enforcement Training Cen2 ters maintain administrative control and ownership upon 

3 completion of such facilities. 

4 SEC. 408. The functions of the Federal Law Enforce5 ment Training Centers instructor staff shall be classified 

6 as inherently governmental for the purpose of the Federal 

7 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

8 note). 

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1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

4 SEC. 501. No part of any appropriation contained in 

5 this Act shall remain available for obligation beyond the 

6 current fiscal year unless expressly so provided herein. 

7 SEC. 502. Subject to the requirements of section 503 

8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred 

10 to appropriation accounts for such activities established 

11 pursuant to this Act, may be merged with funds in the 

12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted. 

15 SEC. 503. (a) None of the funds provided by this Act, 

16 provided by previous appropriations Acts to the compo17 nents in or transferred to the Department of Homeland 

18 Security that remain available for obligation or expendi19 ture in fiscal year 2018, or provided from any accounts 

20 in the Treasury of the United States derived by the collec21 tion of fees available to the components funded by this 

22 Act, shall be available for obligation or expenditure 

23 through a reprogramming of funds that— 

24 (1) creates or eliminates a program, project, or 

25 activity, or increases funds for any program, project, 

March 21, 2018 (6:08 p.m.)
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1 or activity for which funds have been denied or re2 stricted by the Congress; 

3 (2) contracts out any function or activity pres4 ently performed by Federal employees or any new 

5 function or activity proposed to be performed by 

6 Federal employees in the President’s budget pro7 posal for fiscal year 2018 for the Department of 

8 Homeland Security; 

9 (3) augments funding for existing programs, 

10 projects, or activities in excess of $5,000,000 or 10 

11 percent, whichever is less; 

12 (4) reduces funding for any program, project, 

13 or activity, or numbers of personnel, by 10 percent 

14 or more; or 

15 (5) results from any general savings from a re16 duction in personnel that would result in a change 

17 in funding levels for programs, projects, or activities 

18 as approved by the Congress. 

19 (b) Subsection (a) shall not apply if the Committees 

20 on Appropriations of the Senate and the House of Rep21 resentatives are notified at least 15 days in advance of 

22 such reprogramming. 

23 (c) Up to 5 percent of any appropriation made avail24 able for the current fiscal year for the Department of 

25 Homeland Security by this Act or provided by previous 

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1 appropriations Acts may be transferred between such ap2 propriations if the Committees on Appropriations of the 

3 Senate and the House of Representatives are notified at 

4 least 30 days in advance of such transfer, but no such 

5 appropriation, except as otherwise specifically provided, 

6 shall be increased by more than 10 percent by such trans7 fer. 

8 (d) Notwithstanding subsections (a), (b), and (c), no 

9 funds shall be reprogrammed within or transferred be10 tween appropriations based upon an initial notification 

11 provided after June 30, except in extraordinary cir12 cumstances that imminently threaten the safety of human 

13 life or the protection of property. 

14 (e) The notification thresholds and procedures set 

15 forth in subsections (a), (b), (c), and (d) shall apply to 

16 any use of deobligated balances of funds provided in pre17 vious Department of Homeland Security Appropriations 

18 Acts. 

19 (f) Notwithstanding subsection (c), the Secretary of 

20 Homeland Security may transfer to the fund established 

21 by 8 U.S.C. 1101 note, up to $20,000,000 from appro22 priations available to the Department of Homeland Secu23 rity: Provided, That the Secretary shall notify the Com24 mittees on Appropriations of the Senate and the House 

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1 of Representatives at least 5 days in advance of such 

2 transfer. 

3 SEC. 504. Section 504 of the Department of Home4 land Security Appropriations Act, 2017 (division F of 

5 Public Law 115–31), related to the operations of a work6 ing capital fund, shall apply with respect to funds made 

7 available in this Act in the same manner as such section 

8 applied to funds made available in that Act. 

9 SEC. 505. Except as otherwise specifically provided 

10 by law, not to exceed 50 percent of unobligated balances 

11 remaining available at the end of fiscal year 2018, as re12 corded in the financial records at the time of a reprogram13 ming notification, but not later than June 30, 2019, from 

14 appropriations for ‘‘Operations and Support’’ and for 

15 ‘‘Coast Guard—Operating Expenses’’, and salaries and 

16 expenses for ‘‘Coast Guard—Acquisition, Construction, 

17 and Improvements’’ and ‘‘Coast Guard—Reserve Train18 ing’’ for fiscal year 2018 in this Act shall remain available 

19 through September 30, 2019, in the account and for the 

20 purposes for which the appropriations were provided: Pro21 vided, That prior to the obligation of such funds, a notifi22 cation shall be submitted to the Committees on Appropria23 tions of the Senate and the House of Representatives in 

24 accordance with section 503 of this Act. 

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1 SEC. 506. Funds made available by this Act for intel2 ligence activities are deemed to be specifically authorized 

3 by the Congress for purposes of section 504 of the Na4 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

5 year 2018 until the enactment of an Act authorizing intel6 ligence activities for fiscal year 2018. 

7 SEC. 507. (a) The Secretary of Homeland Security, 

8 or the designee of the Secretary, shall notify the Commit9 tees on Appropriations of the Senate and the House of 

10 Representatives at least 3 full business days in advance 

11 of— 

12 (1) making or awarding a grant allocation, 

13 grant, contract, other transaction agreement, or task 

14 or delivery order on a Department of Homeland Se15 curity multiple award contract, or to issue a letter 

16 of intent totaling in excess of $1,000,000; 

17 (2) awarding a task or delivery order requiring 

18 an obligation of funds in an amount greater than 

19 $10,000,000 from multi-year Department of Home20 land Security funds; 

21 (3) making a sole-source grant award; or 

22 (4) announcing publicly the intention to make 

23 or award items under paragraph (1), (2), or (3), in24 cluding a contract covered by the Federal Acquisi25 tion Regulation. 

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1 (b) If the Secretary of Homeland Security determines 

2 that compliance with this section would pose a substantial 

3 risk to human life, health, or safety, an award may be 

4 made without notification, and the Secretary shall notify 

5 the Committees on Appropriations of the Senate and the 

6 House of Representatives not later than 5 full business 

7 days after such an award is made or letter issued. 

8 (c) A notification under this section— 

9 (1) may not involve funds that are not available 

10 for obligation; and 

11 (2) shall include the amount of the award; the 

12 fiscal year for which the funds for the award were 

13 appropriated; the type of contract; and the account 

14 from which the funds are being drawn. 

15 SEC. 508. Notwithstanding any other provision of 

16 law, no agency shall purchase, construct, or lease any ad17 ditional facilities, except within or contiguous to existing 

18 locations, to be used for the purpose of conducting Federal 

19 law enforcement training without advance notification to 

20 the Committees on Appropriations of the Senate and the 

21 House of Representatives, except that the Federal Law 

22 Enforcement Training Centers is authorized to obtain the 

23 temporary use of additional facilities by lease, contract, 

24 or other agreement for training that cannot be accommo25 dated in existing Centers facilities. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 509. None of the funds appropriated or other2 wise made available by this Act may be used for expenses 

3 for any construction, repair, alteration, or acquisition 

4 project for which a prospectus otherwise required under 

5 chapter 33 of title 40, United States Code, has not been 

6 approved, except that necessary funds may be expended 

7 for each project for required expenses for the development 

8 of a proposed prospectus. 

9 SEC. 510. Sections 520, 522, and 530 of the Depart10 ment of Homeland Security Appropriations Act, 2008 (di11 vision E of Public Law 110–161; 121 Stat. 2073 and 

12 2074) shall apply with respect to funds made available in 

13 this Act in the same manner as such sections applied to 

14 funds made available in that Act. 

15 SEC. 511. None of the funds made available in this 

16 Act may be used in contravention of the applicable provi17 sions of the Buy American Act: Provided, That for pur18 poses of the preceding sentence, the term ‘‘Buy American 

19 Act’’ means chapter 83 of title 41, United States Code. 

20 SEC. 512. None of the funds made available in this 

21 Act may be used to amend the oath of allegiance required 

22 by section 337 of the Immigration and Nationality Act 

23 (8 U.S.C. 1448). 

24 SEC. 513. Section 519 of division F of Public Law 

25 114–113, regarding a prohibition on funding for any posiMarch 21, 2018 (6:08 p.m.)
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1 tion designated as a Principal Federal Official, shall apply 

2 with respect to funds made available in this Act in the 

3 same manner as such section applied to funds made avail4 able in that Act. 

5 SEC. 514. None of the funds provided or otherwise 

6 made available in this Act shall be available to carry out 

7 section 872 of the Homeland Security Act of 2002 (6 

8 U.S.C. 452) unless explicitly authorized by the Congress. 

9 SEC. 515. None of the funds made available in this 

10 Act may be used for planning, testing, piloting, or devel11 oping a national identification card. 

12 SEC. 516. Any official that is required by this Act 

13 to report or to certify to the Committees on Appropria14 tions of the Senate and the House of Representatives may 

15 not delegate such authority to perform that act unless spe16 cifically authorized herein. 

17 SEC. 517. None of the funds appropriated or other18 wise made available in this or any other Act may be used 

19 to transfer, release, or assist in the transfer or release to 

20 or within the United States, its territories, or possessions 

21 Khalid Sheikh Mohammed or any other detainee who— 

22 (1) is not a United States citizen or a member 

23 of the Armed Forces of the United States; and 

March 21, 2018 (6:08 p.m.)
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1 (2) is or was held on or after June 24, 2009, 

2 at the United States Naval Station, Guantanamo 

3 Bay, Cuba, by the Department of Defense. 

4 SEC. 518. None of the funds made available in this 

5 Act may be used for first-class travel by the employees 

6 of agencies funded by this Act in contravention of sections 

7 301–10.122 through 301–10.124 of title 41, Code of Fed8 eral Regulations. 

9 SEC. 519. None of the funds made available in this 

10 Act may be used to employ workers described in section 

11 274A(h)(3) of the Immigration and Nationality Act (8 

12 U.S.C. 1324a(h)(3)). 

13 SEC. 520. Notwithstanding any other provision of 

14 this Act, none of the funds appropriated or otherwise 

15 made available by this Act may be used to pay award or 

16 incentive fees for contractor performance that has been 

17 judged to be below satisfactory performance or perform18 ance that does not meet the basic requirements of a con19 tract. 

20 SEC. 521. Hereafter, in developing any process to 

21 screen aviation passengers and crews for transportation 

22 or national security purposes, the Secretary of Homeland 

23 Security shall ensure that all such processes take into con24 sideration such passengers’ and crews’ privacy and civil 

March 21, 2018 (6:08 p.m.)
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1 liberties consistent with applicable laws, regulations, and 

2 guidance. 

3 SEC. 522. None of the funds appropriated or other4 wise made available by this Act may be used by the De5 partment of Homeland Security to enter into any Federal 

6 contract unless such contract is entered into in accordance 

7 with the requirements of subtitle I of title 41, United 

8 States Code, or chapter 137 of title 10, United States 

9 Code, and the Federal Acquisition Regulation, unless such 

10 contract is otherwise authorized by statute to be entered 

11 into without regard to the above referenced statutes. 

12 SEC. 523. (a) For an additional amount for financial 

13 systems modernization, $41,800,000, to remain available 

14 until September 30, 2019. 

15 (b) Funds made available in subsection (a) for finan16 cial systems modernization may be transferred by the Sec17 retary of Homeland Security between appropriations for 

18 the same purpose, notwithstanding section 503 of this Act. 

19 (c) No transfer described in subsection (b) shall occur 

20 until 15 days after the Committees on Appropriations of 

21 the Senate and the House of Representatives are notified 

22 of such transfer. 

23 SEC. 524. (a) None of the funds made available in 

24 this Act may be used to maintain or establish a computer 

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1 network unless such network blocks the viewing, 

2 downloading, and exchanging of pornography. 

3 (b) Nothing in subsection (a) shall limit the use of 

4 funds necessary for any Federal, State, tribal, or local law 

5 enforcement agency or any other entity carrying out crimi6 nal investigations, prosecution, or adjudication activities. 

7 SEC. 525. None of the funds made available in this 

8 Act may be used by a Federal law enforcement officer to 

9 facilitate the transfer of an operable firearm to an indi10 vidual if the Federal law enforcement officer knows or sus11 pects that the individual is an agent of a drug cartel unless 

12 law enforcement personnel of the United States continu13 ously monitor or control the firearm at all times. 

14 SEC. 526. None of the funds made available in this 

15 Act may be used to pay for the travel to or attendance 

16 of more than 50 employees of a single component of the 

17 Department of Homeland Security, who are stationed in 

18 the United States, at a single international conference un19 less the Secretary of Homeland Security, or a designee, 

20 determines that such attendance is in the national interest 

21 and notifies the Committees on Appropriations of the Sen22 ate and the House of Representatives within at least 10 

23 days of that determination and the basis for that deter24 mination: Provided, That for purposes of this section the 

25 term ‘‘international conference’’ shall mean a conference 

March 21, 2018 (6:08 p.m.)
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1 occurring outside of the United States attended by rep2 resentatives of the United States Government and of for3 eign governments, international organizations, or non4 governmental organizations: Provided further, That the 

5 total cost to the Department of Homeland Security of any 

6 such conference shall not exceed $500,000. 

7 SEC. 527. None of the funds made available in this 

8 Act may be used to reimburse any Federal department 

9 or agency for its participation in a National Special Secu10 rity Event. 

11 SEC. 528. None of the funds made available to the 

12 Department of Homeland Security by this or any other 

13 Act may be obligated for any structural pay reform that 

14 affects more than 100 full-time positions or costs more 

15 than $5,000,000 in a single year before the end of the 

16 30-day period beginning on the date on which the Sec17 retary of Homeland Security submits to Congress a notifi18 cation that includes— 

19 (1) the number of full-time positions affected by 

20 such change; 

21 (2) funding required for such change for the 

22 current year and through the Future Years Home23 land Security Program; 

24 (3) justification for such change; and 

March 21, 2018 (6:08 p.m.)
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1 (4) an analysis of compensation alternatives to 

2 such change that were considered by the Depart3 ment. 

4 SEC. 529. (a) Any agency receiving funds made avail5 able in this Act shall, subject to subsections (b) and (c), 

6 post on the public website of that agency any report re7 quired to be submitted by the Committees on Appropria8 tions of the Senate and the House of Representatives in 

9 this Act, upon the determination by the head of the agency 

10 that it shall serve the national interest. 

11 (b) Subsection (a) shall not apply to a report if— 

12 (1) the public posting of the report com13 promises homeland or national security; or 

14 (2) the report contains proprietary information. 

15 (c) The head of the agency posting such report shall 

16 do so only after such report has been made available to 

17 the Committees on Appropriations of the Senate and the 

18 House of Representatives for not less than 45 days except 

19 as otherwise specified in law. 

20 SEC. 530. (a) Funding provided in this Act for ‘‘Op21 erations and Support’’ and funding provided in this Act 

22 for ‘‘Coast Guard—Operating Expenses’’ may be used for 

23 minor procurement, construction, and improvements. 

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1 (b) For purposes of subsection (a), ‘‘minor’’ refers 

2 to end items with a unit cost of $250,000 or less for per3 sonal property, and $2,000,000 or less for real property. 

4 SEC. 531. None of the funds made available by this 

5 Act may be obligated or expended to implement the Arms 

6 Trade Treaty until the Senate approves a resolution of 

7 ratification for the Treaty. 

8 SEC. 532. For fiscal year 2018, the Secretary of 

9 Homeland Security may provide, out of discretionary 

10 funds available to the Department of Homeland Security, 

11 for the primary and secondary schooling of dependents of 

12 Department of Homeland Security personnel who are sta13 tioned outside the continental United States and for the 

14 transportation of such dependents in the same manner 

15 and to the same extent that, pursuant to section 544 of 

16 title 14, United States Code, the Secretary may provide, 

17 out of funds appropriated to or for the use of the Coast 

18 Guard, for the primary and secondary schooling of, and 

19 the transportation of, dependents of Coast Guard per20 sonnel stationed outside the continental United States: 

21 Provided, That no amounts may be provided from 

22 amounts that were designated by the Congress for Over23 seas Contingency Operations/Global War on Terrorism or 

24 as an emergency requirement pursuant to a concurrent 

25 resolution on the budget or section 251(b)(2)(A) of the 

March 21, 2018 (6:08 p.m.)
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1 Balanced Budget and Emergency Deficit Control Act of 

2 1985: Provided further, That no amounts may be provided 

3 from amounts that were designated by the Congress as 

4 being for disaster relief pursuant to section 251(b)(2)(D) 

5 of the Balanced Budget and Emergency Deficit Control 

6 Act of 1985. 

7 SEC. 533. Within 60 days of any budget submission 

8 for the Department of Homeland Security for fiscal year 

9 2019 that assumes revenues or proposes a reduction from 

10 the previous year based on user fees proposals that have 

11 not been enacted into law prior to the submission of the 

12 budget, the Secretary of Homeland Security shall provide 

13 the Committees on Appropriations of the Senate and the 

14 House of Representatives specific reductions in proposed 

15 discretionary budget authority commensurate with the 

16 revenues assumed in such proposals in the event that they 

17 are not enacted prior to October 1, 2018. 

18 SEC. 534. (a) For an additional amount for ‘‘Federal 

19 Emergency Management Agency—Federal Assistance’’, 

20 $41,000,000, to remain available until September 30, 

21 2019, exclusively for providing reimbursement of extraor22 dinary law enforcement personnel costs for protection ac23 tivities directly and demonstrably associated with any resi24 dence of the President that is designated or identified to 

25 be secured by the United States Secret Service. 

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1 (b) Funds under subsection (a) shall be available only 

2 for costs that a State or local agency— 

3 (1) incurs on or after October 1, 2017, and be4 fore October 1, 2018; 

5 (2) can demonstrate to the Administrator as 

6 being— 

7 (A) in excess of the costs of normal and 

8 typical law enforcement operations; 

9 (B) directly attributable to the provision of 

10 protection described herein; and 

11 (C) associated with a non-governmental 

12 property designated or identified to be secured 

13 by the United States Secret Service pursuant to 

14 section 3 or section 4 of the Presidential Pro15 tection Assistance Act of 1976 (Public Law 94– 

16 524); and 

17 (3) certifies to the Administrator as being for 

18 protection activities requested by the Director of the 

19 United States Secret Service. 

20 (c) For purposes of subsection (a), a designation or 

21 identification of a property to be secured under subsection 

22 (b)(2)(C) made after incurring otherwise eligible costs 

23 shall apply retroactively to October 1, 2017. 

24 (d) The Administrator may establish written criteria 

25 consistent with subsections (a) and (b). 

March 21, 2018 (6:08 p.m.)
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1 (e) None of the funds provided shall be for hiring new 

2 or additional personnel. 

3 (f) The Inspector General of the Department of 

4 Homeland Security shall audit reimbursements made 

5 under this section. 

6 SEC. 535. (a) The Secretary of Homeland Security 

7 may include in the President’s budget proposal for Coast 

8 Guard for fiscal year 2019, submitted pursuant to section 

9 1105(a) of title 31, United States Code, and accom10 panying justification materials, an account structure es11 tablished by section 563 of Division F of the Consolidated 

12 Appropriations Act, 2016 (Public Law 114–113). 

13 (b) Not earlier than October 1, 2018, the accounts 

14 designated under subsection (a) may be established, and 

15 the Secretary of Homeland Security may execute appro16 priations of the Department as provided pursuant to such 

17 subsection, including any continuing appropriations made 

18 available for fiscal year 2019 before enactment of a reg19 ular appropriations Act. 

20 (c) Notwithstanding any other provision of law, the 

21 Secretary of Homeland Security may transfer any appro22 priation made available to the Department of Homeland 

23 Security by any appropriations Acts to the accounts cre24 ated pursuant to subsection (b) to carry out the require25 ments of such subsection, and shall notify the Committees 

March 21, 2018 (6:08 p.m.)
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1 on Appropriations of the Senate and the House of Rep2 resentatives within 5 days of each transfer. 

3 (d)(1) Not later than November 1, 2018, the Sec4 retary of Homeland Security shall establish the prelimi5 nary baseline for application of reprogramming and trans6 fer authorities and submit the report specified in para7 graph (2) to the Committees on Appropriations of the 

8 Senate and the House of Representatives. 

9 (2) The report required in this subsection shall 

10 include— 

11 (A) a delineation of the amount and ac12 count of each transfer made pursuant to sub13 section (b) or (c); 

14 (B) a table for each appropriation with a 

15 separate column to display the President’s 

16 budget proposal, adjustments made by Con17 gress, adjustments due to enacted rescissions, if 

18 appropriate, adjustments made pursuant to the 

19 transfer authority in subsection (b) or (c), and 

20 the fiscal year level; 

21 (C) a delineation in the table for each ap22 propriation, adjusted as described in paragraph 

23 (2), both by budget activity and program, 

24 project, and activity as detailed in the Budget 

25 Appendix; and 

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1 (D) an identification of funds directed for 

2 a specific activity. 

3 (e) The Secretary shall not exercise the authority pro4 vided in subsections (b), (c), and (d) unless, not later than 

5 June 1, 2018, the Chief Financial Officer has submitted 

6 to the Committees on Appropriations of the Senate and 

7 the House of Representatives— 

8 (1) technical assistance on new legislative lan9 guage in the account structure under subsection (a); 

10 and 

11 (2) comparison tables of fiscal years 2017, 

12 2018, and 2019 in the account structure under sub13 section (a). 

14 SEC. 536. (a) None of the funds appropriated by this 

15 or previous appropriations Acts or otherwise made avail16 able to the Department of Homeland Security may be used 

17 to establish accounts in the Treasury of the United States 

18 for the Countering Weapons of Mass Destruction Office 

19 or the Cybersecurity and Infrastructure Security Agency 

20 until Congress has enacted a law that specifically author21 izes such Office or Agency and such authorization identi22 fies the functions that are authorized to be transferred 

23 to such Office or Agency. 

24 (b) Subject to the limitation in subsection (a), if Con25 gress enacts a law on or after the date of enactment of 

March 21, 2018 (6:08 p.m.)
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1 this Act that specifically authorizes the Countering Weap2 ons of Mass Destruction Office or the Cybersecurity and 

3 Infrastructure Security Agency and such authorization 

4 identifies the functions that are authorized to be trans5 ferred to such Office or Agency, the Secretary of Home6 land Security may— 

7 (1) not earlier than October 1, 2018, establish 

8 accounts in the Treasury of the United States nec9 essary to carry out the functions of the Office or 

10 Agency as authorized; 

11 (2) execute appropriations of the Department of 

12 Homeland Security as provided in subparagraph (1), 

13 including any continuing appropriations made avail14 able for fiscal year 2019, before enactment of a reg15 ular appropriations Act; and 

16 (3) transfer any funds made available to the 

17 Department of Homeland Security by any appro18 priations Acts to the accounts created in subpara19 graph (1) for functions that are authorized to be 

20 transferred to such Office or Agency and to be used 

21 for the purpose of executing authorization of such 

22 Office or Agency. 

23 (c) The authority provided in subsection (b)(3) shall 

24 only be available if the Secretary has notified the Commit25 tees on Appropriations of the Senate and the House of 

March 21, 2018 (6:08 p.m.)
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1 Representatives at least 15 days in advance of each such 

2 transfer. 

3 SEC. 537. Section 404 of the Coast Guard Authoriza4 tion Act of 2010 (Public Law 111–281; 124 Stat. 2950), 

5 as amended, shall be applied in subsection (b) by sub6 stituting ‘‘September 30, 2018’’ for ‘‘September 30, 

7 2017’’. 

8 SEC. 538. (a) Section 831 of the Homeland Security 

9 Act of 2002 (6 U.S.C. 391) shall be applied— 

10 (1) In subsection (a), by substituting ‘‘Sep11 tember 30, 2018,’’ for ‘‘September 30, 2017,’’; and 

12 (2) In subsection (c)(1), by substituting ‘‘Sep13 tember 30, 2018,’’ for ‘‘September 30, 2017’’. 

14 (b) The Secretary of Homeland Security, under the 

15 authority of section 831 of the Homeland Security Act of 

16 2002 (6 U.S.C. 391(a)), may carry out prototype projects 

17 under section 2371b of title 10, United States Code, and 

18 the Secretary shall perform the functions of the Secretary 

19 of Defense as prescribed. 

20 (c) The Secretary of Homeland Security under sec21 tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 

22 391(d)) may use the definition of nontraditional govern23 ment contractor as defined in section 2371b(e) of title 10, 

24 United States Code. 

March 21, 2018 (6:08 p.m.)
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1 (RESCISSIONS)

2 SEC. 539. Of the funds appropriated to the Depart3 ment of Homeland Security, the following funds are here4 by rescinded from the following accounts and programs 

5 in the specified amounts: Provided, That no amounts may 

6 be rescinded from amounts that were designated by the 

7 Congress as an emergency requirement pursuant to a con8 current resolution on the budget or the Balanced Budget 

9 and Emergency Deficit Control Act of 1985 (Public Law 

10 99–177): 

11 (1) $44,557,000 from Public Law 115–31 

12 under the heading ‘‘Transportation Security Admin13 istration—Operations and Support’’; 

14 (2) $1,785,697 from Public Law 108–334 

15 under the heading ‘‘Coast Guard—Alteration of 

16 Bridges’’; 

17 (3) $1,920,100 from Public Law 109–90 under 

18 the heading ‘‘Coast Guard—Alteration of Bridges’’; 

19 (4) $1,791,454 from Public Law 109–295 

20 under the heading ‘‘Coast Guard—Alteration of 

21 Bridges’’; 

22 (5) $3,221,594 from Public Law 110–161 

23 under the heading ‘‘Coast Guard—Alteration of 

24 Bridges’’; 

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1 (6) $3,680,885 from Public Law 111–83 under 

2 the heading ‘‘Coast Guard—Alteration of Bridges’’; 

3 (7) $25,000,000 from Public Law 114–113 

4 under the heading ‘‘Coast Guard—Acquisition, Con5 struction, and Improvements’’; 

6 (8) $2,000,000 from Public Law 114–113 

7 under the heading ‘‘Science and Technology—Re8 search, Development, Acquisition, and Operations’’; 

9 (9) $2,000,000 from Public Law 115–31 under 

10 the heading ‘‘Science and Technology Directorate— 

11 Operations and Support’’ account 70 17/18 0800; 

12 (10) $6,000,000 from Public Law 115–31 

13 under the heading ‘‘Science and Technology Direc14 torate—Research and Development’’; and 

15 (11) $4,307,000 from Public Law 115–31 

16 under the heading ‘‘Intelligence, Analysis, and Oper17 ations Coordination—Operations and Support’’. 

18 (RESCISSIONS)

19 SEC. 540. Of the funds transferred to the Depart20 ment of Homeland Security when it was created in 2003, 

21 the following funds are hereby rescinded from the fol22 lowing accounts and programs in the specified amounts: 

23 (1) $66,024 from ‘‘Coast Guard—Acquisition, 

24 Construction, and Improvements’’ account 70x0613; 

March 21, 2018 (6:08 p.m.)
719 

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1 (2) $2,400 from ‘‘Transportation Security Ad2 ministration—Salaries and Expenses’’ account 

3 70x0508; and 

4 (3) $31,948 from ‘‘U.S. Customs and Border 

5 Protection’’ account 70x0503. 

6 (RESCISSIONS)

7 SEC. 541. The following unobligated balances made 

8 available to the Department of Homeland Security pursu9 ant to section 505 of the Department of Homeland Secu10 rity Appropriations Act, 2017 (Public Law 115–31) are 

11 rescinded: 

12 (1) $2,941,804 from ‘‘U.S. Customs and Bor13 der Protection—Operations and Support’’; 

14 (2) $24,337,865 from ‘‘Coast Guard—Oper15 ating Expenses’’; 

16 (3) $260,584 from ‘‘Coast Guard—Reserve 

17 Training’’; 

18 (4) $308,974 from ‘‘Coast Guard—Acquisition, 

19 Construction, and Improvements’’; 

20 (5) $106,894 from ‘‘Federal Emergency Man21 agement Agency—Operations and Support’’; and 

22 (6) $23,938 from ‘‘Office of Health Affairs— 

23 Operations and Support’’. 

March 21, 2018 (6:08 p.m.)
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1 (RESCISSION)

2 SEC. 542. From the unobligated balances available 

3 in the Department of the Treasury Forfeiture Fund estab4 lished by section 9703 of title 31, United States Code 

5 (added by section 638 of Public Law 102–393), 

6 $364,162,000 shall be permanently rescinded not later 

7 than September 30, 2018. 

8 SEC. 543. Notwithstanding section 

9 5170c(b)(2)(B)(ii) of title 42, United States Code, the Ad10 ministrator of the Federal Emergency Management Agen11 cy shall allow flood protection systems constructed in 2016 

12 on property acquired with hazard mitigation assistance 

13 provided under section 5170c of title 42, United States 

14 Code, in an inadvertent violation of the terms and condi15 tions of such assistance to remain in place on such prop16 erty: Provided, That no new or additional structure may 

17 be erected on the property unless the new or additional 

18 structure complies with section 5170c(b)(2)(B)(ii) of title 

19 42, United States Code: Provided further, That this provi20 sion does not otherwise excuse compliance with all other 

21 applicable laws including statutes, executive orders, regu22 lations, and program and grant legal requirements per23 taining to the floodwall structure or the acquired property. 

24 SEC. 544. Section 545 of title V of division F of the 

25 Consolidated Appropriations Act, 2017, as added by secMarch 21, 2018 (6:08 p.m.)
721 

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1 tion 20607 of title VI of subdivision 1 of division B of 

2 the Bipartisan Budget Act of 2018, is amended to read 

3 as follows: 

4 ‘‘SEC. 545. (a) PREMIUM PAY AUTHORITY.—During 

5 calendar year 2017, any premium pay that is funded, ei6 ther directly or through reimbursement, by the ‘Federal 

7 Emergency Management Agency—Disaster Relief Fund’ 

8 shall be exempted from the aggregate of basic pay and 

9 premium pay calculated under section 5547(a) of title 5, 

10 United States Code, and any other provision of law lim11 iting the aggregate amount of premium pay payable on 

12 a biweekly or calendar year basis. 

13 ‘‘(b) OVERTIME AUTHORITY.—During calendar year 

14 2017, any overtime pay that is funded, either directly or 

15 through reimbursement, by the ‘Federal Emergency Man16 agement Agency—Disaster Relief Fund’ and that is pay17 able under an authority outside of title 5, United States 

18 Code, shall be exempted from any annual limit on the 

19 amount of overtime pay payable in a calendar or fiscal 

20 year. 

21 ‘‘(c) APPLICABILITY OF AGGREGATE LIMITATION ON

22 PAY.—In determining whether an employee’s aggregate 

23 pay exceeds the applicable annual rate of basic pay pay24 able under section 5307 of title 5, United States Code, 

March 21, 2018 (6:08 p.m.)
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1 the head of an Executive agency shall not include pay ex2 empted under this section. 

3 ‘‘(d) LIMITATION OF PAY AUTHORITY.— 

4 ‘‘(1) Pay exempted from otherwise applicable 

5 limits under subsection (a) or (b) shall not cause the 

6 aggregate of basic pay and premium pay for the ap7 plicable calendar year to exceed the rate of basic pay 

8 payable for a position at level II of the Executive 

9 Schedule under section 5313 of title 5, United 

10 States Code, as in effect at the end of such calendar 

11 year. 

12 ‘‘(2) For purposes of applying this subsection to 

13 an employee who would otherwise be subject to the 

14 premium pay limits established under section 5547 

15 of title 5, United States Code, ‘premium pay’ means 

16 the premium pay paid under the provisions of law 

17 cited in section 5547(a). 

18 ‘‘(3) For purposes of applying this subsection to 

19 an employee under a premium pay limit established 

20 under an authority other than section 5547 of title 

21 5, United States Code, the agency responsible for 

22 administering such limit shall determine what pay23 ments are considered premium pay. 

24 ‘‘(e) EFFECTIVE DATE.—This section shall take ef25 fect as if enacted on December 31, 2016. 

March 21, 2018 (6:08 p.m.)
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1 ‘‘(f) TREATMENT OF ADDITIONAL PAY.—If applica2 tion of this section results in the payment of additional 

3 premium pay to a covered employee of a type that is nor4 mally creditable as basic pay for retirement or any other 

5 purpose, that additional pay shall not— 

6 ‘‘(1) be considered to be basic pay of the cov7 ered employee for any purpose; or 

8 ‘‘(2) be used in computing a lump-sum payment 

9 to the covered employee for accumulated and ac10 crued annual leave under section 5551 or section 

11 5552 of title 5, United States Code.’’. 

12 This division may be cited as the ‘‘Department of 

13 Homeland Security Appropriations Act, 2018’’. 

March 21, 2018 (6:08 p.m.)
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1 DIVISION G—DEPARTMENT OF THE INTE2 RIOR, ENVIRONMENT, AND RELATED 

3 AGENCIES APPROPRIATIONS ACT, 2018 

4 TITLE I 

5 DEPARTMENT OF THE INTERIOR 

6 BUREAU OF LAND MANAGEMENT

7 MANAGEMENT OF LANDS AND RESOURCES

8 For necessary expenses for protection, use, improve9 ment, development, disposal, cadastral surveying, classi10 fication, acquisition of easements and other interests in 

11 lands, and performance of other functions, including main12 tenance of facilities, as authorized by law, in the manage13 ment of lands and their resources under the jurisdiction 

14 of the Bureau of Land Management, including the general 

15 administration of the Bureau, and assessment of mineral 

16 potential of public lands pursuant to section 1010(a) of 

17 Public Law 96–487 (16 U.S.C. 3150(a)), $1,183,043,000, 

18 to remain available until expended, including all such 

19 amounts as are collected from permit processing fees, as 

20 authorized but made subject to future appropriation by 

21 section 35(d)(3)(A)(i) of the Mineral Leasing Act (30 

22 U.S.C. 191), except that amounts from permit processing 

23 fees may be used for any bureau-related expenses associ24 ated with the processing of oil and gas applications for 

25 permits to drill and related use of authorizations. 

March 21, 2018 (6:08 p.m.)
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1 In addition, $39,696,000 is for Mining Law Adminis2 tration program operations, including the cost of admin3 istering the mining claim fee program, to remain available 

4 until expended, to be reduced by amounts collected by the 

5 Bureau and credited to this appropriation from mining 

6 claim maintenance fees and location fees that are hereby 

7 authorized for fiscal year 2018, so as to result in a final 

8 appropriation estimated at not more than $1,183,043,000, 

9 and $2,000,000, to remain available until expended, from 

10 communication site rental fees established by the Bureau 

11 for the cost of administering communication site activities. 

12 LAND ACQUISITION

13 For expenses necessary to carry out sections 205, 

14 206, and 318(d) of Public Law 94–579, including admin15 istrative expenses and acquisition of lands or waters, or 

16 interests therein, $24,916,000, to be derived from the 

17 Land and Water Conservation Fund and to remain avail18 able until expended. 

19 OREGON AND CALIFORNIA GRANT LANDS

20 For expenses necessary for management, protection, 

21 and development of resources and for construction, oper22 ation, and maintenance of access roads, reforestation, and 

23 other improvements on the revested Oregon and California 

24 Railroad grant lands, on other Federal lands in the Or25 egon and California land-grant counties of Oregon, and 

March 21, 2018 (6:08 p.m.)
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1 on adjacent rights-of-way; and acquisition of lands or in2 terests therein, including existing connecting roads on or 

3 adjacent to such grant lands; $106,985,000, to remain 

4 available until expended: Provided, That 25 percent of the 

5 aggregate of all receipts during the current fiscal year 

6 from the revested Oregon and California Railroad grant 

7 lands is hereby made a charge against the Oregon and 

8 California land-grant fund and shall be transferred to the 

9 General Fund in the Treasury in accordance with the sec10 ond paragraph of subsection (b) of title II of the Act of 

11 August 28, 1937 (43 U.S.C. 2605). 

12 RANGE IMPROVEMENTS

13 For rehabilitation, protection, and acquisition of 

14 lands and interests therein, and improvement of Federal 

15 rangelands pursuant to section 401 of the Federal Land 

16 Policy and Management Act of 1976 (43 U.S.C. 1751), 

17 notwithstanding any other Act, sums equal to 50 percent 

18 of all moneys received during the prior fiscal year under 

19 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

20 315b, 315m) and the amount designated for range im21 provements from grazing fees and mineral leasing receipts 

22 from Bankhead-Jones lands transferred to the Depart23 ment of the Interior pursuant to law, but not less than 

24 $10,000,000, to remain available until expended: ProMarch 21, 2018 (6:08 p.m.)
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1 vided, That not to exceed $600,000 shall be available for 

2 administrative expenses. 

3 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

4 For administrative expenses and other costs related 

5 to processing application documents and other authoriza6 tions for use and disposal of public lands and resources, 

7 for costs of providing copies of official public land docu8 ments, for monitoring construction, operation, and termi9 nation of facilities in conjunction with use authorizations, 

10 and for rehabilitation of damaged property, such amounts 

11 as may be collected under Public Law 94–579 (43 U.S.C. 

12 1701 et seq.), and under section 28 of the Mineral Leasing 

13 Act (30 U.S.C. 185), to remain available until expended: 

14 Provided, That notwithstanding any provision to the con15 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 

16 1735(a)), any moneys that have been or will be received 

17 pursuant to that section, whether as a result of forfeiture, 

18 compromise, or settlement, if not appropriate for refund 

19 pursuant to section 305(c) of that Act (43 U.S.C. 

20 1735(c)), shall be available and may be expended under 

21 the authority of this Act by the Secretary to improve, pro22 tect, or rehabilitate any public lands administered through 

23 the Bureau of Land Management which have been dam24 aged by the action of a resource developer, purchaser, per25 mittee, or any unauthorized person, without regard to 

March 21, 2018 (6:08 p.m.)
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1 whether all moneys collected from each such action are 

2 used on the exact lands damaged which led to the action: 

3 Provided further, That any such moneys that are in excess 

4 of amounts needed to repair damage to the exact land for 

5 which funds were collected may be used to repair other 

6 damaged public lands. 

7 MISCELLANEOUS TRUST FUNDS

8 In addition to amounts authorized to be expended 

9 under existing laws, there is hereby appropriated such 

10 amounts as may be contributed under section 307 of Pub11 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 

12 may be advanced for administrative costs, surveys, ap13 praisals, and costs of making conveyances of omitted lands 

14 under section 211(b) of that Act (43 U.S.C. 1721(b)), to 

15 remain available until expended. 

16 ADMINISTRATIVE PROVISIONS

17 The Bureau of Land Management may carry out the 

18 operations funded under this Act by direct expenditure, 

19 contracts, grants, cooperative agreements and reimburs20 able agreements with public and private entities, including 

21 with States. Appropriations for the Bureau shall be avail22 able for purchase, erection, and dismantlement of tem23 porary structures, and alteration and maintenance of nec24 essary buildings and appurtenant facilities to which the 

25 United States has title; up to $100,000 for payments, at 

March 21, 2018 (6:08 p.m.)
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1 the discretion of the Secretary, for information or evidence 

2 concerning violations of laws administered by the Bureau; 

3 miscellaneous and emergency expenses of enforcement ac4 tivities authorized or approved by the Secretary and to be 

5 accounted for solely on the Secretary’s certificate, not to 

6 exceed $10,000: Provided, That notwithstanding Public 

7 Law 90–620 (44 U.S.C. 501), the Bureau may, under co8 operative cost-sharing and partnership arrangements au9 thorized by law, procure printing services from cooperators 

10 in connection with jointly produced publications for which 

11 the cooperators share the cost of printing either in cash 

12 or in services, and the Bureau determines the cooperator 

13 is capable of meeting accepted quality standards: Provided 

14 further, That projects to be funded pursuant to a written 

15 commitment by a State government to provide an identi16 fied amount of money in support of the project may be 

17 carried out by the Bureau on a reimbursable basis. Appro18 priations herein made shall not be available for the de19 struction of healthy, unadopted, wild horses and burros 

20 in the care of the Bureau or its contractors or for the 

21 sale of wild horses and burros that results in their destruc22 tion for processing into commercial products. 

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1 UNITED STATES FISH AND WILDLIFE SERVICE

2 RESOURCE MANAGEMENT

3 For necessary expenses of the United States Fish and 

4 Wildlife Service, as authorized by law, and for scientific 

5 and economic studies, general administration, and for the 

6 performance of other authorized functions related to such 

7 resources, $1,279,002,000, to remain available until Sep8 tember 30, 2019: Provided, That not to exceed 

9 $18,818,000 shall be used for implementing subsections 

10 (a), (b), (c), and (e) of section 4 of the Endangered Spe11 cies Act of 1973 (16 U.S.C. 1533) (except for processing 

12 petitions, developing and issuing proposed and final regu13 lations, and taking any other steps to implement actions 

14 described in subsection (c)(2)(A), (c)(2)(B)(i), or 

15 (c)(2)(B)(ii)). 

16 CONSTRUCTION

17 For construction, improvement, acquisition, or re18 moval of buildings and other facilities required in the con19 servation, management, investigation, protection, and uti20 lization of fish and wildlife resources, and the acquisition 

21 of lands and interests therein; $66,540,000, to remain 

22 available until expended. 

23 LAND ACQUISITION

24 For expenses necessary to carry out chapter 2003 of 

25 title 54, United States Code, including administrative exMarch 21, 2018 (6:08 p.m.)
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1 penses, and for acquisition of land or waters, or interest 

2 therein, in accordance with statutory authority applicable 

3 to the United States Fish and Wildlife Service, 

4 $63,839,000, to be derived from the Land and Water Con5 servation Fund and to remain available until expended, 

6 of which, notwithstanding section 200306 of title 54, 

7 United States Code, not more than $10,000,000 shall be 

8 for land conservation partnerships authorized by the 

9 Highlands Conservation Act of 2004, including not to ex10 ceed $320,000 for administrative expenses: Provided, That 

11 none of the funds appropriated for specific land acquisi12 tion projects may be used to pay for any administrative 

13 overhead, planning or other management costs. 

14 COOPERATIVE ENDANGERED SPECIES CONSERVATION

15 FUND

16 For expenses necessary to carry out section 6 of the 

17 Endangered Species Act of 1973 (16 U.S.C. 1535), 

18 $53,495,000, to remain available until expended, of which 

19 $33,857,000 is to be derived from the Cooperative Endan20 gered Species Conservation Fund; and of which 

21 $19,638,000 is to be derived from the Land and Water 

22 Conservation Fund. 

23 NATIONAL WILDLIFE REFUGE FUND

24 For expenses necessary to implement the Act of Octo25 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. 

March 21, 2018 (6:08 p.m.)
732 

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1 NORTH AMERICAN WETLANDS CONSERVATION FUND

2 For expenses necessary to carry out the provisions 

3 of the North American Wetlands Conservation Act (16 

4 U.S.C. 4401 et seq.), $40,000,000, to remain available 

5 until expended. 

6 NEOTROPICAL MIGRATORY BIRD CONSERVATION

7 For expenses necessary to carry out the Neotropical 

8 Migratory Bird Conservation Act (16 U.S.C. 6101 et 

9 seq.), $3,910,000, to remain available until expended. 

10 MULTINATIONAL SPECIES CONSERVATION FUND

11 For expenses necessary to carry out the African Ele12 phant Conservation Act (16 U.S.C. 4201 et seq.), the 

13 Asian Elephant Conservation Act of 1997 (16 U.S.C. 

14 4261 et seq.), the Rhinoceros and Tiger Conservation Act 

15 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con16 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 

17 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 

18 et seq.), $11,061,000, to remain available until expended. 

19 STATE AND TRIBAL WILDLIFE GRANTS

20 For wildlife conservation grants to States and to the 

21 District of Columbia, Puerto Rico, Guam, the United 

22 States Virgin Islands, the Northern Mariana Islands, 

23 American Samoa, and Indian tribes under the provisions 

24 of the Fish and Wildlife Act of 1956 and the Fish and 

25 Wildlife Coordination Act, for the development and impleMarch 21, 2018 (6:08 p.m.)
733 

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1 mentation of programs for the benefit of wildlife and their 

2 habitat, including species that are not hunted or fished, 

3 $63,571,000, to remain available until expended: Pro4 vided, That of the amount provided herein, $4,209,000 is 

5 for a competitive grant program for Indian tribes not sub6 ject to the remaining provisions of this appropriation: Pro7 vided further, That $6,362,000 is for a competitive grant 

8 program to implement approved plans for States, terri9 tories, and other jurisdictions and at the discretion of af10 fected States, the regional Associations of fish and wildlife 

11 agencies, not subject to the remaining provisions of this 

12 appropriation: Provided further, That the Secretary shall, 

13 after deducting $10,571,000 and administrative expenses, 

14 apportion the amount provided herein in the following 

15 manner: (1) to the District of Columbia and to the Com16 monwealth of Puerto Rico, each a sum equal to not more 

17 than one-half of 1 percent thereof; and (2) to Guam, 

18 American Samoa, the United States Virgin Islands, and 

19 the Commonwealth of the Northern Mariana Islands, each 

20 a sum equal to not more than one-fourth of 1 percent 

21 thereof: Provided further, That the Secretary shall appor22 tion the remaining amount in the following manner: (1) 

23 one-third of which is based on the ratio to which the land 

24 area of such State bears to the total land area of all such 

25 States; and (2) two-thirds of which is based on the ratio 

March 21, 2018 (6:08 p.m.)
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1 to which the population of such State bears to the total 

2 population of all such States: Provided further, That the 

3 amounts apportioned under this paragraph shall be ad4 justed equitably so that no State shall be apportioned a 

5 sum which is less than 1 percent of the amount available 

6 for apportionment under this paragraph for any fiscal year 

7 or more than 5 percent of such amount: Provided further, 

8 That the Federal share of planning grants shall not exceed 

9 75 percent of the total costs of such projects and the Fed10 eral share of implementation grants shall not exceed 65 

11 percent of the total costs of such projects: Provided fur12 ther, That the non-Federal share of such projects may not 

13 be derived from Federal grant programs: Provided further, 

14 That any amount apportioned in 2018 to any State, terri15 tory, or other jurisdiction that remains unobligated as of 

16 September 30, 2019, shall be reapportioned, together with 

17 funds appropriated in 2020, in the manner provided here18 in. 

19 ADMINISTRATIVE PROVISIONS

20 The United States Fish and Wildlife Service may 

21 carry out the operations of Service programs by direct ex22 penditure, contracts, grants, cooperative agreements and 

23 reimbursable agreements with public and private entities. 

24 Appropriations and funds available to the United States 

25 Fish and Wildlife Service shall be available for repair of 

March 21, 2018 (6:08 p.m.)
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1 damage to public roads within and adjacent to reservation 

2 areas caused by operations of the Service; options for the 

3 purchase of land at not to exceed $1 for each option; facili4 ties incident to such public recreational uses on conserva5 tion areas as are consistent with their primary purpose; 

6 and the maintenance and improvement of aquaria, build7 ings, and other facilities under the jurisdiction of the Serv8 ice and to which the United States has title, and which 

9 are used pursuant to law in connection with management, 

10 and investigation of fish and wildlife resources: Provided, 

11 That notwithstanding 44 U.S.C. 501, the Service may, 

12 under cooperative cost sharing and partnership arrange13 ments authorized by law, procure printing services from 

14 cooperators in connection with jointly produced publica15 tions for which the cooperators share at least one-half the 

16 cost of printing either in cash or services and the Service 

17 determines the cooperator is capable of meeting accepted 

18 quality standards: Provided further, That the Service may 

19 accept donated aircraft as replacements for existing air20 craft: Provided further, That notwithstanding 31 U.S.C. 

21 3302, all fees collected for non-toxic shot review and ap22 proval shall be deposited under the heading ‘‘United 

23 States Fish and Wildlife Service—Resource Management’’ 

24 and shall be available to the Secretary, without further 

25 appropriation, to be used for expenses of processing of 

March 21, 2018 (6:08 p.m.)
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1 such non-toxic shot type or coating applications and revis2 ing regulations as necessary, and shall remain available 

3 until expended. 

4 NATIONAL PARK SERVICE

5 OPERATION OF THE NATIONAL PARK SYSTEM

6 For expenses necessary for the management, oper7 ation, and maintenance of areas and facilities adminis8 tered by the National Park Service and for the general 

9 administration of the National Park Service, 

10 $2,477,969,000, of which $10,032,000 for planning and 

11 interagency coordination in support of Everglades restora12 tion and $134,461,000 for maintenance, repair, or reha13 bilitation projects for constructed assets shall remain 

14 available until September 30, 2019: Provided, That funds 

15 appropriated under this heading in this Act are available 

16 for the purposes of section 5 of Public Law 95–348. 

17 NATIONAL RECREATION AND PRESERVATION

18 For expenses necessary to carry out recreation pro19 grams, natural programs, cultural programs, heritage 

20 partnership programs, environmental compliance and re21 view, international park affairs, and grant administration, 

22 not otherwise provided for, $63,638,000. 

23 HISTORIC PRESERVATION FUND

24 For expenses necessary in carrying out the National 

25 Historic Preservation Act (division A of subtitle III of title 

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1 54, United States Code), $96,910,000, to be derived from 

2 the Historic Preservation Fund and to remain available 

3 until September 30, 2019, of which $13,000,000 shall be 

4 for Save America’s Treasures grants for preservation of 

5 national significant sites, structures and artifacts as au6 thorized by section 7303 of the Omnibus Public Land 

7 Management Act of 2009 (54 U.S.C. 3089): Provided, 

8 That an individual Save America’s Treasures grant shall 

9 be matched by non-Federal funds: Provided further, That 

10 individual projects shall only be eligible for one grant: Pro11 vided further, That all projects to be funded shall be ap12 proved by the Secretary of the Interior in consultation 

13 with the House and Senate Committees on Appropria14 tions: Provided further, That of the funds provided for the 

15 Historic Preservation Fund, $500,000 is for competitive 

16 grants for the survey and nomination of properties to the 

17 National Register of Historic Places and as National His18 toric Landmarks associated with communities currently 

19 under-represented, as determined by the Secretary, 

20 $13,000,000 is for competitive grants to preserve the sites 

21 and stories of the Civil Rights movement, $5,000,000 is 

22 for grants to Historically Black Colleges and Universities, 

23 and $5,000,000 is for competitive grants for the restora24 tion of historic properties of national, State and local sig25 nificance listed on or eligible for inclusion on the National 

March 21, 2018 (6:08 p.m.)
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1 Register of Historic Places, to be made without imposing 

2 the usage or direct grant restrictions of section 101(e)(3) 

3 (54 U.S.C. 302904) of the National Historical Preserva4 tion Act: Provided further, That such competitive grants 

5 shall be made without imposing the matching require6 ments in section 302902(b)(3) of title 54, United States 

7 Code, to States and Indian tribes as defined in chapter 

8 3003 of such title, Native Hawaiian organizations, local 

9 governments, including Certified Local Governments, and 

10 non-profit organizations. 

11 CONSTRUCTION

12 For construction, improvements, repair, or replace13 ment of physical facilities, and compliance and planning 

14 for programs and areas administered by the National 

15 Park Service, $359,704,000, to remain available until ex16 pended: Provided, That notwithstanding any other provi17 sion of law, for any project initially funded in fiscal year 

18 2018 with a future phase indicated in the National Park 

19 Service 5-Year Line Item Construction Plan, a single pro20 curement may be issued which includes the full scope of 

21 the project: Provided further, That the solicitation and 

22 contract shall contain the clause availability of funds 

23 found at 48 CFR 52.232–18: Provided further, That Na24 tional Park Service Donations, Park Concessions Fran25 chise Fees, and Recreation Fees may be made available 

March 21, 2018 (6:08 p.m.)
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1 for the cost of adjustments and changes within the origi2 nal scope of effort for projects funded by the National 

3 Park Service Construction appropriation: Provided further, 

4 That the Secretary of the Interior shall consult with the 

5 Committees on Appropriations, in accordance with current 

6 reprogramming thresholds, prior to making any charges 

7 authorized by this section. 

8 LAND ACQUISITION AND STATE ASSISTANCE

9 For expenses necessary to carry out chapter 2003 of 

10 title 54, United States Code, including administrative ex11 penses, and for acquisition of lands or waters, or interest 

12 therein, in accordance with the statutory authority appli13 cable to the National Park Service, $180,941,000, to be 

14 derived from the Land and Water Conservation Fund and 

15 to remain available until expended, of which $124,006,000 

16 is for the State assistance program and of which 

17 $10,000,000 shall be for the American Battlefield Protec18 tion Program grants as authorized by chapter 3081 of title 

19 54, United States Code. 

20 CENTENNIAL CHALLENGE

21 For expenses necessary to carry out the provisions 

22 of section 101701 of title 54, United States Code, relating 

23 to challenge cost share agreements, $23,000,000, to re24 main available until expended, for Centennial Challenge 

25 projects and programs: Provided, That not less than 50 

March 21, 2018 (6:08 p.m.)
740 

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1 percent of the total cost of each project or program shall 

2 be derived from non-Federal sources in the form of do3 nated cash, assets, or a pledge of donation guaranteed by 

4 an irrevocable letter of credit. 

5 ADMINISTRATIVE PROVISIONS

6 (INCLUDING TRANSFER OF FUNDS)

7 In addition to other uses set forth in section 

8 101917(c)(2) of title 54, United States Code, franchise 

9 fees credited to a sub-account shall be available for ex10 penditure by the Secretary, without further appropriation, 

11 for use at any unit within the National Park System to 

12 extinguish or reduce liability for Possessory Interest or 

13 leasehold surrender interest. Such funds may only be used 

14 for this purpose to the extent that the benefitting unit an15 ticipated franchise fee receipts over the term of the con16 tract at that unit exceed the amount of funds used to ex17 tinguish or reduce liability. Franchise fees at the benefit18 ting unit shall be credited to the sub-account of the origi19 nating unit over a period not to exceed the term of a single 

20 contract at the benefitting unit, in the amount of funds 

21 so expended to extinguish or reduce liability. 

22 For the costs of administration of the Land and 

23 Water Conservation Fund grants authorized by section 

24 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

25 of 2006 (Public Law 109–432), the National Park Service 

March 21, 2018 (6:08 p.m.)
741 

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1 may retain up to 3 percent of the amounts which are au2 thorized to be disbursed under such section, such retained 

3 amounts to remain available until expended. 

4 National Park Service funds may be transferred to 

5 the Federal Highway Administration (FHWA), Depart6 ment of Transportation, for purposes authorized under 23 

7 U.S.C. 204. Transfers may include a reasonable amount 

8 for FHWA administrative support costs. 

9 UNITED STATES GEOLOGICAL SURVEY

10 SURVEYS, INVESTIGATIONS, AND RESEARCH

11 For expenses necessary for the United States Geo12 logical Survey to perform surveys, investigations, and re13 search covering topography, geology, hydrology, biology, 

14 and the mineral and water resources of the United States, 

15 its territories and possessions, and other areas as author16 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

17 to their mineral and water resources; give engineering su18 pervision to power permittees and Federal Energy Regu19 latory Commission licensees; administer the minerals ex20 ploration program (30 U.S.C. 641); conduct inquiries into 

21 the economic conditions affecting mining and materials 

22 processing industries (30 U.S.C. 3, 21a, and 1603; 50 

23 U.S.C. 98g(1)) and related purposes as authorized by law; 

24 and to publish and disseminate data relative to the fore25 going activities; $1,148,457,000, to remain available until 

March 21, 2018 (6:08 p.m.)
742 

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1 September 30, 2019; of which $78,537,000 shall remain 

2 available until expended for satellite operations; and of 

3 which $15,164,000 shall be available until expended for 

4 deferred maintenance and capital improvement projects 

5 that exceed $100,000 in cost: Provided, That none of the 

6 funds provided for the ecosystem research activity shall 

7 be used to conduct new surveys on private property, unless 

8 specifically authorized in writing by the property owner: 

9 Provided further, That no part of this appropriation shall 

10 be used to pay more than one-half the cost of topographic 

11 mapping or water resources data collection and investiga12 tions carried on in cooperation with States and municipali13 ties. 

14 ADMINISTRATIVE PROVISIONS

15 From within the amount appropriated for activities 

16 of the United States Geological Survey such sums as are 

17 necessary shall be available for contracting for the fur18 nishing of topographic maps and for the making of geo19 physical or other specialized surveys when it is administra20 tively determined that such procedures are in the public 

21 interest; construction and maintenance of necessary build22 ings and appurtenant facilities; acquisition of lands for 

23 gauging stations, observation wells, and seismic equip24 ment; expenses of the United States National Committee 

25 for Geological Sciences; and payment of compensation and 

March 21, 2018 (6:08 p.m.)
743 

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1 expenses of persons employed by the Survey duly ap2 pointed to represent the United States in the negotiation 

3 and administration of interstate compacts: Provided, That 

4 activities funded by appropriations herein made may be 

5 accomplished through the use of contracts, grants, or co6 operative agreements as defined in section 6302 of title 

7 31, United States Code: Provided further, That the United 

8 States Geological Survey may enter into contracts or coop9 erative agreements directly with individuals or indirectly 

10 with institutions or nonprofit organizations, without re11 gard to 41 U.S.C. 6101, for the temporary or intermittent 

12 services of students or recent graduates, who shall be con13 sidered employees for the purpose of chapters 57 and 81 

14 of title 5, United States Code, relating to compensation 

15 for travel and work injuries, and chapter 171 of title 28, 

16 United States Code, relating to tort claims, but shall not 

17 be considered to be Federal employees for any other pur18 poses. 

19 BUREAU OF OCEAN ENERGY MANAGEMENT

20 OCEAN ENERGY MANAGEMENT

21 For expenses necessary for granting leases, ease22 ments, rights-of-way and agreements for use for oil and 

23 gas, other minerals, energy, and marine-related purposes 

24 on the Outer Continental Shelf and approving operations 

25 related thereto, as authorized by law; for environmental 

March 21, 2018 (6:08 p.m.)
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1 studies, as authorized by law; for implementing other laws 

2 and to the extent provided by Presidential or Secretarial 

3 delegation; and for matching grants or cooperative agree4 ments, $171,000,000, of which $114,166,000 is to remain 

5 available until September 30, 2019, and of which 

6 $56,834,000 is to remain available until expended: Pro7 vided, That this total appropriation shall be reduced by 

8 amounts collected by the Secretary and credited to this 

9 appropriation from additions to receipts resulting from in10 creases to lease rental rates in effect on August 5, 1993, 

11 and from cost recovery fees from activities conducted by 

12 the Bureau of Ocean Energy Management pursuant to the 

13 Outer Continental Shelf Lands Act, including studies, as14 sessments, analysis, and miscellaneous administrative ac15 tivities: Provided further, That the sum herein appro16 priated shall be reduced as such collections are received 

17 during the fiscal year, so as to result in a final fiscal year 

18 2018 appropriation estimated at not more than 

19 $114,166,000: Provided further, That not to exceed 

20 $3,000 shall be available for reasonable expenses related 

21 to promoting volunteer beach and marine cleanup activi22 ties. 

March 21, 2018 (6:08 p.m.)
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1 BUREAU OF SAFETY AND ENVIRONMENTAL

2 ENFORCEMENT

3 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

4 For expenses necessary for the regulation of oper5 ations related to leases, easements, rights-of-way and 

6 agreements for use for oil and gas, other minerals, energy, 

7 and marine-related purposes on the Outer Continental 

8 Shelf, as authorized by law; for enforcing and imple9 menting laws and regulations as authorized by law and 

10 to the extent provided by Presidential or Secretarial dele11 gation; and for matching grants or cooperative agree12 ments, $136,411,000, of which $108,540,000 is to remain 

13 available until September 30, 2019, and of which 

14 $27,871,000 is to remain available until expended: Pro15 vided, That this total appropriation shall be reduced by 

16 amounts collected by the Secretary and credited to this 

17 appropriation from additions to receipts resulting from in18 creases to lease rental rates in effect on August 5, 1993, 

19 and from cost recovery fees from activities conducted by 

20 the Bureau of Safety and Environmental Enforcement 

21 pursuant to the Outer Continental Shelf Lands Act, in22 cluding studies, assessments, analysis, and miscellaneous 

23 administrative activities: Provided further, That the sum 

24 herein appropriated shall be reduced as such collections 

25 are received during the fiscal year, so as to result in a 

March 21, 2018 (6:08 p.m.)
746 

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1 final fiscal year 2018 appropriation estimated at not more 

2 than $108,540,000. 

3 For an additional amount, $50,000,000, to remain 

4 available until expended, to be reduced by amounts col5 lected by the Secretary and credited to this appropriation, 

6 which shall be derived from non-refundable inspection fees 

7 collected in fiscal year 2018, as provided in this Act: Pro8 vided, That to the extent that amounts realized from such 

9 inspection fees exceed $50,000,000, the amounts realized 

10 in excess of $50,000,000 shall be credited to this appro11 priation and remain available until expended: Provided 

12 further, That for fiscal year 2018, not less than 50 percent 

13 of the inspection fees expended by the Bureau of Safety 

14 and Environmental Enforcement will be used to fund per15 sonnel and mission-related costs to expand capacity and 

16 expedite the orderly development, subject to environmental 

17 safeguards, of the Outer Continental Shelf pursuant to the 

18 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

19 seq.), including the review of applications for permits to 

20 drill. 

21 OIL SPILL RESEARCH

22 For necessary expenses to carry out title I, section 

23 1016, title IV, sections 4202 and 4303, title VII, and title 

24 VIII, section 8201 of the Oil Pollution Act of 1990, 

March 21, 2018 (6:08 p.m.)
747 

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1 $14,899,000, which shall be derived from the Oil Spill Li2 ability Trust Fund, to remain available until expended. 

3 OFFICE OF SURFACE MINING RECLAMATION AND

4 ENFORCEMENT

5 REGULATION AND TECHNOLOGY

6 For necessary expenses to carry out the provisions 

7 of the Surface Mining Control and Reclamation Act of 

8 1977, Public Law 95–87, $115,804,000, to remain avail9 able until September 30, 2019: Provided, That appropria10 tions for the Office of Surface Mining Reclamation and 

11 Enforcement may provide for the travel and per diem ex12 penses of State and tribal personnel attending Office of 

13 Surface Mining Reclamation and Enforcement sponsored 

14 training. 

15 In addition, for costs to review, administer, and en16 force permits issued by the Office pursuant to section 507 

17 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to re18 main available until expended: Provided, That fees as19 sessed and collected by the Office pursuant to such section 

20 507 shall be credited to this account as discretionary off21 setting collections, to remain available until expended: 

22 Provided further, That the sum herein appropriated from 

23 the general fund shall be reduced as collections are re24 ceived during the fiscal year, so as to result in a fiscal 

March 21, 2018 (6:08 p.m.)
748 

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1 year 2018 appropriation estimated at not more than 

2 $115,804,000. 

3 ABANDONED MINE RECLAMATION FUND

4 For necessary expenses to carry out title IV of the 

5 Surface Mining Control and Reclamation Act of 1977, 

6 Public Law 95–87, $24,672,000, to be derived from re7 ceipts of the Abandoned Mine Reclamation Fund and to 

8 remain available until expended: Provided, That pursuant 

9 to Public Law 97–365, the Department of the Interior is 

10 authorized to use up to 20 percent from the recovery of 

11 the delinquent debt owed to the United States Government 

12 to pay for contracts to collect these debts: Provided fur13 ther, That funds made available under title IV of Public 

14 Law 95–87 may be used for any required non-Federal 

15 share of the cost of projects funded by the Federal Gov16 ernment for the purpose of environmental restoration re17 lated to treatment or abatement of acid mine drainage 

18 from abandoned mines: Provided further, That such 

19 projects must be consistent with the purposes and prior20 ities of the Surface Mining Control and Reclamation Act: 

21 Provided further, That amounts provided under this head22 ing may be used for the travel and per diem expenses of 

23 State and tribal personnel attending Office of Surface 

24 Mining Reclamation and Enforcement sponsored training. 

March 21, 2018 (6:08 p.m.)
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1 In addition, $115,000,000, to remain available until 

2 expended, for grants to States and federally recognized In3 dian Tribes for reclamation of abandoned mine lands and 

4 other related activities in accordance with the terms and 

5 conditions in the explanatory statement described in sec6 tion 4 (in the matter preceding division A of this consoli7 dated Act): Provided, That such additional amount shall 

8 be used for economic and community development in con9 junction with the priorities in section 403(a) of the Sur10 face Mining Control and Reclamation Act of 1977 (30 

11 U.S.C. 1233(a)): Provided further, That of such additional 

12 amount, $75,000,000 shall be distributed in equal 

13 amounts to the 3 Appalachian States with the greatest 

14 amount of unfunded needs to meet the priorities described 

15 in paragraphs (1) and (2) of such section, $30,000,000 

16 shall be distributed in equal amounts to the 3 Appalachian 

17 States with the subsequent greatest amount of unfunded 

18 needs to meet such priorities, and $10,000,000 shall be 

19 for grants to federally recognized Indian Tribes without 

20 regard to their status as certified or uncertified under the 

21 Surface Mining Control and Reclamation Act of 1977 (30 

22 U.S.C. 1233(a)), for reclamation of abandoned mine lands 

23 and other related activities in accordance with the terms 

24 and conditions in the explanatory statement described in 

25 section 4 (in the matter preceding division A of this conMarch 21, 2018 (6:08 p.m.)
750 

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1 solidated Act) and shall be used for economic and commu2 nity development in conjunction with the priorities in sec3 tion 403(a) of the Surface Mining Control and Reclama4 tion Act of 1977: Provided further, That such additional 

5 amount shall be allocated to States and Indian Tribes 

6 within 60 days after the date of enactment of this Act. 

7 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN

8 EDUCATION

9 OPERATION OF INDIAN PROGRAMS

10 (INCLUDING TRANSFER OF FUNDS)

11 For expenses necessary for the operation of Indian 

12 programs, as authorized by law, including the Snyder Act 

13 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De14 termination and Education Assistance Act of 1975 (25 

15 U.S.C. 5301 et seq.), the Education Amendments of 1978 

16 (25 U.S.C. 2001–2019), and the Tribally Controlled 

17 Schools Act of 1988 (25 U.S.C. 2501 et seq.), 

18 $2,411,200,000, to remain available until September 30, 

19 2019, except as otherwise provided herein; of which not 

20 to exceed $8,500 may be for official reception and rep21 resentation expenses; of which not to exceed $76,000,000 

22 shall be for welfare assistance payments: Provided, That 

23 in cases of designated Federal disasters, the Secretary 

24 may exceed such cap, from the amounts provided herein, 

25 to provide for disaster relief to Indian communities afMarch 21, 2018 (6:08 p.m.)
751 

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1 fected by the disaster: Provided further, That federally rec2 ognized Indian tribes and tribal organizations of federally 

3 recognized Indian tribes may use their tribal priority allo4 cations for unmet welfare assistance costs: Provided fur5 ther, That not to exceed $673,425,000 for school oper6 ations costs of Bureau-funded schools and other education 

7 programs shall become available on July 1, 2018, and 

8 shall remain available until September 30, 2019: Provided 

9 further, That not to exceed $53,991,000 shall remain 

10 available until expended for housing improvement, road 

11 maintenance, attorney fees, litigation support, land 

12 records improvement, and the Navajo-Hopi Settlement 

13 Program: Provided further, That notwithstanding any 

14 other provision of law, including but not limited to the 

15 Indian Self-Determination Act of 1975 (25 U.S.C. 5301 

16 et seq.) and section 1128 of the Education Amendments 

17 of 1978 (25 U.S.C. 2008), not to exceed $81,036,000 

18 within and only from such amounts made available for 

19 school operations shall be available for administrative cost 

20 grants associated with grants approved prior to July 1, 

21 2018: Provided further, That any forestry funds allocated 

22 to a federally recognized tribe which remain unobligated 

23 as of September 30, 2019, may be transferred during fis24 cal year 2020 to an Indian forest land assistance account 

25 established for the benefit of the holder of the funds within 

March 21, 2018 (6:08 p.m.)
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1 the holder’s trust fund account: Provided further, That 

2 any such unobligated balances not so transferred shall ex3 pire on September 30, 2020: Provided further, That in 

4 order to enhance the safety of Bureau field employees, the 

5 Bureau may use funds to purchase uniforms or other iden6 tifying articles of clothing for personnel: Provided further, 

7 That the Bureau of Indian Affairs may accept transfers 

8 of funds from U.S. Customs and Border Protection to 

9 supplement any other funding available for reconstruction 

10 or repair of roads owned by the Bureau of Indian Affairs 

11 as identified on the National Tribal Transportation Facil12 ity Inventory, 23 U.S.C. 202(b)(1). 

13 CONTRACT SUPPORT COSTS

14 For payments to tribes and tribal organizations for 

15 contract support costs associated with Indian Self-Deter16 mination and Education Assistance Act agreements with 

17 the Bureau of Indian Affairs for fiscal year 2018, such 

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

19 obligation through September 30, 2019: Provided, That 

20 notwithstanding any other provision of law, no amounts 

21 made available under this heading shall be available for 

22 transfer to another budget account. 

March 21, 2018 (6:08 p.m.)
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1 CONSTRUCTION

2 (INCLUDING TRANSFER OF FUNDS)

3 For construction, repair, improvement, and mainte4 nance of irrigation and power systems, buildings, utilities, 

5 and other facilities, including architectural and engineer6 ing services by contract; acquisition of lands, and interests 

7 in lands; and preparation of lands for farming, and for 

8 construction of the Navajo Indian Irrigation Project pur9 suant to Public Law 87–483; $354,113,000, to remain 

10 available until expended: Provided, That such amounts as 

11 may be available for the construction of the Navajo Indian 

12 Irrigation Project may be transferred to the Bureau of 

13 Reclamation: Provided further, That not to exceed 6 per14 cent of contract authority available to the Bureau of In15 dian Affairs from the Federal Highway Trust Fund may 

16 be used to cover the road program management costs of 

17 the Bureau: Provided further, That any funds provided for 

18 the Safety of Dams program pursuant to the Act of No19 vember 2, 1921 (25 U.S.C. 13), shall be made available 

20 on a nonreimbursable basis: Provided further, That for fis21 cal year 2018, in implementing new construction, replace22 ment facilities construction, or facilities improvement and 

23 repair project grants in excess of $100,000 that are pro24 vided to grant schools under Public Law 100–297, the 

25 Secretary of the Interior shall use the Administrative and 

March 21, 2018 (6:08 p.m.)
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1 Audit Requirements and Cost Principles for Assistance 

2 Programs contained in part 12 of title 43, Code of Federal 

3 Regulations, as the regulatory requirements: Provided fur4 ther, That such grants shall not be subject to section 

5 12.61 of title 43, Code of Federal Regulations; the Sec6 retary and the grantee shall negotiate and determine a 

7 schedule of payments for the work to be performed: Pro8 vided further, That in considering grant applications, the 

9 Secretary shall consider whether such grantee would be 

10 deficient in assuring that the construction projects con11 form to applicable building standards and codes and Fed12 eral, tribal, or State health and safety standards as re13 quired by section 1125(b) of title XI of Public Law 95– 

14 561 (25 U.S.C. 2005(b)), with respect to organizational 

15 and financial management capabilities: Provided further, 

16 That if the Secretary declines a grant application, the Sec17 retary shall follow the requirements contained in section 

18 5206(f) of Public Law 100–297 (25 U.S.C. 2504(f)): Pro19 vided further, That any disputes between the Secretary 

20 and any grantee concerning a grant shall be subject to 

21 the disputes provision in section 5208(e) of Public Law 

22 107–110 (25 U.S.C. 2507(e)): Provided further, That in 

23 order to ensure timely completion of construction projects, 

24 the Secretary may assume control of a project and all 

25 funds related to the project, if, within 18 months of the 

March 21, 2018 (6:08 p.m.)
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1 date of enactment of this Act, any grantee receiving funds 

2 appropriated in this Act or in any prior Act, has not com3 pleted the planning and design phase of the project and 

4 commenced construction: Provided further, That this ap5 propriation may be reimbursed from the Office of the Spe6 cial Trustee for American Indians appropriation for the 

7 appropriate share of construction costs for space expan8 sion needed in agency offices to meet trust reform imple9 mentation. 

10 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

11 MISCELLANEOUS PAYMENTS TO INDIANS

12 For payments and necessary administrative expenses 

13 for implementation of Indian land and water claim settle14 ments pursuant to Public Laws 99–264, 100–580, 101– 

15 618, 111–11, 111–291, and 114–322, and for implemen16 tation of other land and water rights settlements, 

17 $55,457,000, to remain available until expended. 

18 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

19 For the cost of guaranteed loans and insured loans, 

20 $9,272,000, of which $1,252,000 is for administrative ex21 penses, as authorized by the Indian Financing Act of 

22 1974: Provided, That such costs, including the cost of 

23 modifying such loans, shall be as defined in section 502 

24 of the Congressional Budget Act of 1974: Provided fur25 ther, That these funds are available to subsidize total loan 

March 21, 2018 (6:08 p.m.)
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1 principal, any part of which is to be guaranteed or insured, 

2 not to exceed $123,565,389. 

3 ADMINISTRATIVE PROVISIONS

4 (INCLUDING RESCISSION OF FUNDS)

5 The Bureau of Indian Affairs may carry out the oper6 ation of Indian programs by direct expenditure, contracts, 

7 cooperative agreements, compacts, and grants, either di8 rectly or in cooperation with States and other organiza9 tions. 

10 Notwithstanding Public Law 87–279 (25 U.S.C. 15), 

11 the Bureau of Indian Affairs may contract for services in 

12 support of the management, operation, and maintenance 

13 of the Power Division of the San Carlos Irrigation Project. 

14 Notwithstanding any other provision of law, no funds 

15 available to the Bureau of Indian Affairs for central office 

16 oversight and Executive Direction and Administrative 

17 Services (except executive direction and administrative 

18 services funding for Tribal Priority Allocations, regional 

19 offices, and facilities operations and maintenance) shall be 

20 available for contracts, grants, compacts, or cooperative 

21 agreements with the Bureau of Indian Affairs under the 

22 provisions of the Indian Self-Determination Act or the 

23 Tribal Self-Governance Act of 1994 (Public Law 103– 

24 413). 

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1 In the event any tribe returns appropriations made 

2 available by this Act to the Bureau of Indian Affairs, this 

3 action shall not diminish the Federal Government’s trust 

4 responsibility to that tribe, or the government-to-govern5 ment relationship between the United States and that 

6 tribe, or that tribe’s ability to access future appropria7 tions. 

8 Notwithstanding any other provision of law, no funds 

9 available to the Bureau of Indian Education, other than 

10 the amounts provided herein for assistance to public 

11 schools under 25 U.S.C. 452 et seq., shall be available to 

12 support the operation of any elementary or secondary 

13 school in the State of Alaska. 

14 No funds available to the Bureau of Indian Edu15 cation shall be used to support expanded grades for any 

16 school or dormitory beyond the grade structure in place 

17 or approved by the Secretary of the Interior at each school 

18 in the Bureau of Indian Education school system as of 

19 October 1, 1995, except that the Secretary of the Interior 

20 may waive this prohibition to support expansion of up to 

21 one additional grade when the Secretary determines such 

22 waiver is needed to support accomplishment of the mission 

23 of the Bureau of Indian Education, or more than one 

24 grade to expand the elementary grade structure for Bu25 reau-funded schools with a K-2 grade structure on OctoMarch 21, 2018 (6:08 p.m.)
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1 ber 1, 1996. Appropriations made available in this or any 

2 prior Act for schools funded by the Bureau shall be avail3 able, in accordance with the Bureau’s funding formula, 

4 only to the schools in the Bureau school system as of Sep5 tember 1, 1996, and to any school or school program that 

6 was reinstated in fiscal year 2012. Funds made available 

7 under this Act may not be used to establish a charter 

8 school at a Bureau-funded school (as that term is defined 

9 in section 1141 of the Education Amendments of 1978 

10 (25 U.S.C. 2021)), except that a charter school that is 

11 in existence on the date of the enactment of this Act and 

12 that has operated at a Bureau-funded school before Sep13 tember 1, 1999, may continue to operate during that pe14 riod, but only if the charter school pays to the Bureau 

15 a pro rata share of funds to reimburse the Bureau for 

16 the use of the real and personal property (including buses 

17 and vans), the funds of the charter school are kept sepa18 rate and apart from Bureau funds, and the Bureau does 

19 not assume any obligation for charter school programs of 

20 the State in which the school is located if the charter 

21 school loses such funding. Employees of Bureau-funded 

22 schools sharing a campus with a charter school and per23 forming functions related to the charter school’s operation 

24 and employees of a charter school shall not be treated as 

March 21, 2018 (6:08 p.m.)
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1 Federal employees for purposes of chapter 171 of title 28, 

2 United States Code. 

3 Notwithstanding any other provision of law, including 

4 section 113 of title I of appendix C of Public Law 106– 

5 113, if in fiscal year 2003 or 2004 a grantee received indi6 rect and administrative costs pursuant to a distribution 

7 formula based on section 5(f) of Public Law 101–301, the 

8 Secretary shall continue to distribute indirect and admin9 istrative cost funds to such grantee using the section 5(f) 

10 distribution formula. 

11 Funds available under this Act may not be used to 

12 establish satellite locations of schools in the Bureau school 

13 system as of September 1, 1996, except that the Secretary 

14 may waive this prohibition in order for an Indian tribe 

15 to provide language and cultural immersion educational 

16 programs for non-public schools located within the juris17 dictional area of the tribal government which exclusively 

18 serve tribal members, do not include grades beyond those 

19 currently served at the existing Bureau-funded school, 

20 provide an educational environment with educator pres21 ence and academic facilities comparable to the Bureau22 funded school, comply with all applicable Tribal, Federal, 

23 or State health and safety standards, and the Americans 

24 with Disabilities Act, and demonstrate the benefits of es25 tablishing operations at a satellite location in lieu of incurMarch 21, 2018 (6:08 p.m.)
760 

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1 ring extraordinary costs, such as for transportation or 

2 other impacts to students such as those caused by busing 

3 students extended distances: Provided, That no funds 

4 available under this Act may be used to fund operations, 

5 maintenance, rehabilitation, construction or other facili6 ties-related costs for such assets that are not owned by 

7 the Bureau: Provided further, That the term ‘‘satellite 

8 school’’ means a school location physically separated from 

9 the existing Bureau school by more than 50 miles but that 

10 forms part of the existing school in all other respects. 

11 Of the prior year unobligated balances available for 

12 the ‘‘Operation of Indian Programs’’ account, $8,000,000 

13 are permanently rescinded. 

14 DEPARTMENTAL OFFICES

15 OFFICE OF THE SECRETARY

16 DEPARTMENTAL OPERATIONS

17 For necessary expenses for management of the De18 partment of the Interior and for grants and cooperative 

19 agreements, as authorized by law, $124,182,000, to re20 main available until September 30, 2019; of which not to 

21 exceed $15,000 may be for official reception and represen22 tation expenses; and of which up to $1,000,000 shall be 

23 available for workers compensation payments and unem24 ployment compensation payments associated with the or25 derly closure of the United States Bureau of Mines; and 

March 21, 2018 (6:08 p.m.)
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1 of which $10,242,000 for the Office of Valuation Services 

2 is to be derived from the Land and Water Conservation 

3 Fund and shall remain available until expended. 

4 ADMINISTRATIVE PROVISIONS

5 For fiscal year 2018, up to $400,000 of the payments 

6 authorized by chapter 69 of title 31, United States Code, 

7 may be retained for administrative expenses of the Pay8 ments in Lieu of Taxes Program: Provided, That the 

9 amounts provided under this Act specifically for the Pay10 ments in Lieu of Taxes program are the only amounts 

11 available for payments authorized under chapter 69 of 

12 title 31, United States Code: Provided further, That in the 

13 event the sums appropriated for any fiscal year for pay14 ments pursuant to this chapter are insufficient to make 

15 the full payments authorized by that chapter to all units 

16 of local government, then the payment to each local gov17 ernment shall be made proportionally: Provided further, 

18 That the Secretary may make adjustments to payment to 

19 individual units of local government to correct for prior 

20 overpayments or underpayments: Provided further, That 

21 no payment shall be made pursuant to that chapter to oth22 erwise eligible units of local government if the computed 

23 amount of the payment is less than $100. 

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1 INSULAR AFFAIRS

2 ASSISTANCE TO TERRITORIES

3 For expenses necessary for assistance to territories 

4 under the jurisdiction of the Department of the Interior 

5 and other jurisdictions identified in section 104(e) of Pub6 lic Law 108–188, $96,870,000, of which: (1) $87,422,000 

7 shall remain available until expended for territorial assist8 ance, including general technical assistance, maintenance 

9 assistance, disaster assistance, coral reef initiative activi10 ties, and brown tree snake control and research; grants 

11 to the judiciary in American Samoa for compensation and 

12 expenses, as authorized by law (48 U.S.C. 1661(c)); 

13 grants to the Government of American Samoa, in addition 

14 to current local revenues, for construction and support of 

15 governmental functions; grants to the Government of the 

16 Virgin Islands, as authorized by law; grants to the Govern17 ment of Guam, as authorized by law; and grants to the 

18 Government of the Northern Mariana Islands, as author19 ized by law (Public Law 94–241; 90 Stat. 272); and (2) 

20 $9,448,000 shall be available until September 30, 2019, 

21 for salaries and expenses of the Office of Insular Affairs: 

22 Provided, That all financial transactions of the territorial 

23 and local governments herein provided for, including such 

24 transactions of all agencies or instrumentalities estab25 lished or used by such governments, may be audited by 

March 21, 2018 (6:08 p.m.)
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1 the Government Accountability Office, at its discretion, in 

2 accordance with chapter 35 of title 31, United States 

3 Code: Provided further, That Northern Mariana Islands 

4 Covenant grant funding shall be provided according to 

5 those terms of the Agreement of the Special Representa6 tives on Future United States Financial Assistance for the 

7 Northern Mariana Islands approved by Public Law 104– 

8 134: Provided further, That the funds for the program of 

9 operations and maintenance improvement are appro10 priated to institutionalize routine operations and mainte11 nance improvement of capital infrastructure with terri12 torial participation and cost sharing to be determined by 

13 the Secretary based on the grantee’s commitment to time14 ly maintenance of its capital assets: Provided further, That 

15 any appropriation for disaster assistance under this head16 ing in this Act or previous appropriations Acts may be 

17 used as non–Federal matching funds for the purpose of 

18 hazard mitigation grants provided pursuant to section 404 

19 of the Robert T. Stafford Disaster Relief and Emergency 

20 Assistance Act (42 U.S.C. 5170c). 

21 COMPACT OF FREE ASSOCIATION

22 For grants and necessary expenses, $3,363,000, to 

23 remain available until expended, as provided for in sec24 tions 221(a)(2) and 233 of the Compact of Free Associa25 tion for the Republic of Palau; and section 221(a)(2) of 

March 21, 2018 (6:08 p.m.)
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1 the Compacts of Free Association for the Government of 

2 the Republic of the Marshall Islands and the Federated 

3 States of Micronesia, as authorized by Public Law 99– 

4 658 and Public Law 108–188. 

5 ADMINISTRATIVE PROVISIONS

6 (INCLUDING TRANSFER OF FUNDS)

7 At the request of the Governor of Guam, the Sec8 retary may transfer discretionary funds or mandatory 

9 funds provided under section 104(e) of Public Law 108– 

10 188 and Public Law 104–134, that are allocated for 

11 Guam, to the Secretary of Agriculture for the subsidy cost 

12 of direct or guaranteed loans, plus not to exceed three per13 cent of the amount of the subsidy transferred for the cost 

14 of loan administration, for the purposes authorized by the 

15 Rural Electrification Act of 1936 and section 306(a)(1) 

16 of the Consolidated Farm and Rural Development Act for 

17 construction and repair projects in Guam, and such funds 

18 shall remain available until expended: Provided, That such 

19 costs, including the cost of modifying such loans, shall be 

20 as defined in section 502 of the Congressional Budget Act 

21 of 1974: Provided further, That such loans or loan guaran22 tees may be made without regard to the population of the 

23 area, credit elsewhere requirements, and restrictions on 

24 the types of eligible entities under the Rural Electrifica25 tion Act of 1936 and section 306(a)(1) of the Consolidated 

March 21, 2018 (6:08 p.m.)
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1 Farm and Rural Development Act: Provided further, That 

2 any funds transferred to the Secretary of Agriculture shall 

3 be in addition to funds otherwise made available to make 

4 or guarantee loans under such authorities. 

5 OFFICE OF THE SOLICITOR

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Solicitor, 

8 $66,675,000. 

9 OFFICE OF INSPECTOR GENERAL

10 SALARIES AND EXPENSES

11 For necessary expenses of the Office of Inspector 

12 General, $51,023,000. 

13 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

14 INDIANS

15 FEDERAL TRUST PROGRAMS

16 (INCLUDING TRANSFER OF FUNDS)

17 For the operation of trust programs for Indians by 

18 direct expenditure, contracts, cooperative agreements, 

19 compacts, and grants, $119,400,000, to remain available 

20 until expended, of which not to exceed $18,990,000 from 

21 this or any other Act, may be available for historical ac22 counting: Provided, That funds for trust management im23 provements and litigation support may, as needed, be 

24 transferred to or merged with the Bureau of Indian Af25 fairs and Bureau of Indian Education, ‘‘Operation of InMarch 21, 2018 (6:08 p.m.)
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1 dian Programs’’ account; the Office of the Solicitor, ‘‘Sala2 ries and Expenses’’ account; and the Office of the Sec3 retary, ‘‘Departmental Operations’’ account: Provided fur4 ther, That funds made available through contracts or 

5 grants obligated during fiscal year 2018, as authorized by 

6 the Indian Self-Determination Act of 1975 (25 U.S.C. 

7 5301 et seq.), shall remain available until expended by the 

8 contractor or grantee: Provided further, That notwith9 standing any other provision of law, the Secretary shall 

10 not be required to provide a quarterly statement of per11 formance for any Indian trust account that has not had 

12 activity for at least 15 months and has a balance of $15 

13 or less: Provided further, That the Secretary shall issue 

14 an annual account statement and maintain a record of any 

15 such accounts and shall permit the balance in each such 

16 account to be withdrawn upon the express written request 

17 of the account holder: Provided further, That not to exceed 

18 $50,000 is available for the Secretary to make payments 

19 to correct administrative errors of either disbursements 

20 from or deposits to Individual Indian Money or Tribal ac21 counts after September 30, 2002: Provided further, That 

22 erroneous payments that are recovered shall be credited 

23 to and remain available in this account for this purpose: 

24 Provided further, That the Secretary shall not be required 

25 to reconcile Special Deposit Accounts with a balance of 

March 21, 2018 (6:08 p.m.)
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1 less than $500 unless the Office of the Special Trustee 

2 receives proof of ownership from a Special Deposit Ac3 counts claimant: Provided further, That notwithstanding 

4 section 102 of the American Indian Trust Fund Manage5 ment Reform Act of 1994 (Public Law 103–412) or any 

6 other provision of law, the Secretary may aggregate the 

7 trust accounts of individuals whose whereabouts are un8 known for a continuous period of at least five years and 

9 shall not be required to generate periodic statements of 

10 performance for the individual accounts: Provided further, 

11 That with respect to the eighth proviso, the Secretary shall 

12 continue to maintain sufficient records to determine the 

13 balance of the individual accounts, including any accrued 

14 interest and income, and such funds shall remain available 

15 to the individual account holders. 

16 DEPARTMENT-WIDE PROGRAMS

17 WILDLAND FIRE MANAGEMENT

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses for fire preparedness, fire 

20 suppression operations, fire science and research, emer21 gency rehabilitation, fuels management activities, and 

22 rural fire assistance by the Department of the Interior, 

23 $948,087,000, to remain available until expended, of 

24 which not to exceed $18,427,000 shall be for the renova25 tion or construction of fire facilities: Provided, That such 

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1 funds are also available for repayment of advances to 

2 other appropriation accounts from which funds were pre3 viously transferred for such purposes: Provided further, 

4 That of the funds provided $184,000,000 is for fuels man5 agement activities: Provided further, That of the funds 

6 provided $20,470,000 is for burned area rehabilitation: 

7 Provided further, That persons hired pursuant to 43 

8 U.S.C. 1469 may be furnished subsistence and lodging 

9 without cost from funds available from this appropriation: 

10 Provided further, That notwithstanding 42 U.S.C. 1856d, 

11 sums received by a bureau or office of the Department 

12 of the Interior for fire protection rendered pursuant to 42 

13 U.S.C. 1856 et seq., protection of United States property, 

14 may be credited to the appropriation from which funds 

15 were expended to provide that protection, and are avail16 able without fiscal year limitation: Provided further, That 

17 using the amounts designated under this title of this Act, 

18 the Secretary of the Interior may enter into procurement 

19 contracts, grants, or cooperative agreements, for fuels 

20 management activities, and for training and monitoring 

21 associated with such fuels management activities on Fed22 eral land, or on adjacent non-Federal land for activities 

23 that benefit resources on Federal land: Provided further, 

24 That the costs of implementing any cooperative agreement 

25 between the Federal Government and any non-Federal enMarch 21, 2018 (6:08 p.m.)
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1 tity may be shared, as mutually agreed on by the affected 

2 parties: Provided further, That notwithstanding require3 ments of the Competition in Contracting Act, the Sec4 retary, for purposes of fuels management activities, may 

5 obtain maximum practicable competition among: (1) local 

6 private, nonprofit, or cooperative entities; (2) Youth Con7 servation Corps crews, Public Lands Corps (Public Law 

8 109–154), or related partnerships with State, local, or 

9 nonprofit youth groups; (3) small or micro-businesses; or 

10 (4) other entities that will hire or train locally a significant 

11 percentage, defined as 50 percent or more, of the project 

12 workforce to complete such contracts: Provided further, 

13 That in implementing this section, the Secretary shall de14 velop written guidance to field units to ensure account15 ability and consistent application of the authorities pro16 vided herein: Provided further, That funds appropriated 

17 under this heading may be used to reimburse the United 

18 States Fish and Wildlife Service and the National Marine 

19 Fisheries Service for the costs of carrying out their re20 sponsibilities under the Endangered Species Act of 1973 

21 (16 U.S.C. 1531 et seq.) to consult and conference, as 

22 required by section 7 of such Act, in connection with 

23 wildland fire management activities: Provided further, 

24 That the Secretary of the Interior may use wildland fire 

25 appropriations to enter into leases of real property with 

March 21, 2018 (6:08 p.m.)
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1 local governments, at or below fair market value, to con2 struct capitalized improvements for fire facilities on such 

3 leased properties, including but not limited to fire guard 

4 stations, retardant stations, and other initial attack and 

5 fire support facilities, and to make advance payments for 

6 any such lease or for construction activity associated with 

7 the lease: Provided further, That the Secretary of the Inte8 rior and the Secretary of Agriculture may authorize the 

9 transfer of funds appropriated for wildland fire manage10 ment, in an aggregate amount not to exceed $50,000,000, 

11 between the Departments when such transfers would fa12 cilitate and expedite wildland fire management programs 

13 and projects: Provided further, That funds provided for 

14 wildfire suppression shall be available for support of Fed15 eral emergency response actions: Provided further, That 

16 funds appropriated under this heading shall be available 

17 for assistance to or through the Department of State in 

18 connection with forest and rangeland research, technical 

19 information, and assistance in foreign countries, and, with 

20 the concurrence of the Secretary of State, shall be avail21 able to support forestry, wildland fire management, and 

22 related natural resource activities outside the United 

23 States and its territories and possessions, including tech24 nical assistance, education and training, and cooperation 

25 with United States and international organizations. 

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1 CENTRAL HAZARDOUS MATERIALS FUND

2 For necessary expenses of the Department of the In3 terior and any of its component offices and bureaus for 

4 the response action, including associated activities, per5 formed pursuant to the Comprehensive Environmental Re6 sponse, Compensation, and Liability Act (42 U.S.C. 9601 

7 et seq.), $10,010,000, to remain available until expended. 

8 NATURAL RESOURCE DAMAGE ASSESSMENT AND

9 RESTORATION

10 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

11 To conduct natural resource damage assessment, res12 toration activities, and onshore oil spill preparedness by 

13 the Department of the Interior necessary to carry out the 

14 provisions of the Comprehensive Environmental Response, 

15 Compensation, and Liability Act (42 U.S.C. 9601 et seq.), 

16 the Federal Water Pollution Control Act (33 U.S.C. 1251 

17 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 

18 et seq.), and 54 U.S.C. 100721 et seq., $7,767,000, to 

19 remain available until expended. 

20 WORKING CAPITAL FUND

21 For the operation and maintenance of a departmental 

22 financial and business management system, information 

23 technology improvements of general benefit to the Depart24 ment, cybersecurity, and the consolidation of facilities and 

25 operations throughout the Department, $62,370,000, to 

March 21, 2018 (6:08 p.m.)
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1 remain available until expended: Provided, That none of 

2 the funds appropriated in this Act or any other Act may 

3 be used to establish reserves in the Working Capital Fund 

4 account other than for accrued annual leave and deprecia5 tion of equipment without prior approval of the Commit6 tees on Appropriations of the House of Representatives 

7 and the Senate: Provided further, That the Secretary may 

8 assess reasonable charges to State, local and tribal govern9 ment employees for training services provided by the Na10 tional Indian Program Training Center, other than train11 ing related to Public Law 93–638: Provided further, That 

12 the Secretary may lease or otherwise provide space and 

13 related facilities, equipment or professional services of the 

14 National Indian Program Training Center to State, local 

15 and tribal government employees or persons or organiza16 tions engaged in cultural, educational, or recreational ac17 tivities (as defined in section 3306(a) of title 40, United 

18 States Code) at the prevailing rate for similar space, facili19 ties, equipment, or services in the vicinity of the National 

20 Indian Program Training Center: Provided further, That 

21 all funds received pursuant to the two preceding provisos 

22 shall be credited to this account, shall be available until 

23 expended, and shall be used by the Secretary for necessary 

24 expenses of the National Indian Program Training Center: 

25 Provided further, That the Secretary may enter into grants 

March 21, 2018 (6:08 p.m.)
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1 and cooperative agreements to support the Office of Nat2 ural Resource Revenue’s collection and disbursement of 

3 royalties, fees, and other mineral revenue proceeds, as au4 thorized by law. 

5 ADMINISTRATIVE PROVISION

6 There is hereby authorized for acquisition from avail7 able resources within the Working Capital Fund, aircraft 

8 which may be obtained by donation, purchase or through 

9 available excess surplus property: Provided, That existing 

10 aircraft being replaced may be sold, with proceeds derived 

11 or trade-in value used to offset the purchase price for the 

12 replacement aircraft. 

13 OFFICE OF NATURAL RESOURCES REVENUE

14 For necessary expenses for management of the collec15 tion and disbursement of royalties, fees, and other mineral 

16 revenue proceeds, and for grants and cooperative agree17 ments, as authorized by law, $137,757,000, to remain 

18 available until September 30, 2019; of which $41,727,000 

19 shall remain available until expended for the purpose of 

20 mineral revenue management activities: Provided, That 

21 notwithstanding any other provision of law, $15,000 shall 

22 be available for refunds of overpayments in connection 

23 with certain Indian leases in which the Secretary con24 curred with the claimed refund due, to pay amounts owed 

March 21, 2018 (6:08 p.m.)
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1 to Indian allottees or tribes, or to correct prior unrecover2 able erroneous payments. 

3 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

4 (INCLUDING TRANSFERS OF FUNDS)

5 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

6 SEC. 101. Appropriations made in this title shall be 

7 available for expenditure or transfer (within each bureau 

8 or office), with the approval of the Secretary, for the emer9 gency reconstruction, replacement, or repair of aircraft, 

10 buildings, utilities, or other facilities or equipment dam11 aged or destroyed by fire, flood, storm, or other unavoid12 able causes: Provided, That no funds shall be made avail13 able under this authority until funds specifically made 

14 available to the Department of the Interior for emer15 gencies shall have been exhausted: Provided further, That 

16 all funds used pursuant to this section must be replenished 

17 by a supplemental appropriation, which must be requested 

18 as promptly as possible. 

19 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

20 SEC. 102. The Secretary may authorize the expendi21 ture or transfer of any no year appropriation in this title, 

22 in addition to the amounts included in the budget pro23 grams of the several agencies, for the suppression or emer24 gency prevention of wildland fires on or threatening lands 

25 under the jurisdiction of the Department of the Interior; 

March 21, 2018 (6:08 p.m.)
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1 for the emergency rehabilitation of burned-over lands 

2 under its jurisdiction; for emergency actions related to po3 tential or actual earthquakes, floods, volcanoes, storms, or 

4 other unavoidable causes; for contingency planning subse5 quent to actual oil spills; for response and natural resource 

6 damage assessment activities related to actual oil spills or 

7 releases of hazardous substances into the environment; for 

8 the prevention, suppression, and control of actual or po9 tential grasshopper and Mormon cricket outbreaks on 

10 lands under the jurisdiction of the Secretary, pursuant to 

11 the authority in section 417(b) of Public Law 106–224 

12 (7 U.S.C. 7717(b)); for emergency reclamation projects 

13 under section 410 of Public Law 95–87; and shall trans14 fer, from any no year funds available to the Office of Sur15 face Mining Reclamation and Enforcement, such funds as 

16 may be necessary to permit assumption of regulatory au17 thority in the event a primacy State is not carrying out 

18 the regulatory provisions of the Surface Mining Act: Pro19 vided, That appropriations made in this title for wildland 

20 fire operations shall be available for the payment of obliga21 tions incurred during the preceding fiscal year, and for 

22 reimbursement to other Federal agencies for destruction 

23 of vehicles, aircraft, or other equipment in connection with 

24 their use for wildland fire operations, with such reimburse25 ment to be credited to appropriations currently available 

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1 at the time of receipt thereof: Provided further, That for 

2 wildland fire operations, no funds shall be made available 

3 under this authority until the Secretary determines that 

4 funds appropriated for ‘‘wildland fire suppression’’ shall 

5 be exhausted within 30 days: Provided further, That all 

6 funds used pursuant to this section must be replenished 

7 by a supplemental appropriation, which must be requested 

8 as promptly as possible: Provided further, That such re9 plenishment funds shall be used to reimburse, on a pro 

10 rata basis, accounts from which emergency funds were 

11 transferred. 

12 AUTHORIZED USE OF FUNDS

13 SEC. 103. Appropriations made to the Department 

14 of the Interior in this title shall be available for services 

15 as authorized by section 3109 of title 5, United States 

16 Code, when authorized by the Secretary, in total amount 

17 not to exceed $500,000; purchase and replacement of 

18 motor vehicles, including specially equipped law enforce19 ment vehicles; hire, maintenance, and operation of air20 craft; hire of passenger motor vehicles; purchase of re21 prints; payment for telephone service in private residences 

22 in the field, when authorized under regulations approved 

23 by the Secretary; and the payment of dues, when author24 ized by the Secretary, for library membership in societies 

25 or associations which issue publications to members only 

March 21, 2018 (6:08 p.m.)
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1 or at a price to members lower than to subscribers who 

2 are not members. 

3 AUTHORIZED USE OF FUNDS, INDIAN TRUST

4 MANAGEMENT

5 SEC. 104. Appropriations made in this Act under the 

6 headings Bureau of Indian Affairs and Bureau of Indian 

7 Education, and Office of the Special Trustee for American 

8 Indians and any unobligated balances from prior appro9 priations Acts made under the same headings shall be 

10 available for expenditure or transfer for Indian trust man11 agement and reform activities. Total funding for historical 

12 accounting activities shall not exceed amounts specifically 

13 designated in this Act for such purpose. 

14 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

15 AFFAIRS

16 SEC. 105. Notwithstanding any other provision of 

17 law, the Secretary of the Interior is authorized to redis18 tribute any Tribal Priority Allocation funds, including 

19 tribal base funds, to alleviate tribal funding inequities by 

20 transferring funds to address identified, unmet needs, 

21 dual enrollment, overlapping service areas or inaccurate 

22 distribution methodologies. No tribe shall receive a reduc23 tion in Tribal Priority Allocation funds of more than 10 

24 percent in fiscal year 2018. Under circumstances of dual 

25 enrollment, overlapping service areas or inaccurate disMarch 21, 2018 (6:08 p.m.)
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1 tribution methodologies, the 10 percent limitation does not 

2 apply. 

3 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

4 SEC. 106. Notwithstanding any other provision of 

5 law, the Secretary of the Interior is authorized to acquire 

6 lands, waters, or interests therein including the use of all 

7 or part of any pier, dock, or landing within the State of 

8 New York and the State of New Jersey, for the purpose 

9 of operating and maintaining facilities in the support of 

10 transportation and accommodation of visitors to Ellis, 

11 Governors, and Liberty Islands, and of other program and 

12 administrative activities, by donation or with appropriated 

13 funds, including franchise fees (and other monetary con14 sideration), or by exchange; and the Secretary is author15 ized to negotiate and enter into leases, subleases, conces16 sion contracts or other agreements for the use of such fa17 cilities on such terms and conditions as the Secretary may 

18 determine reasonable. 

19 OUTER CONTINENTAL SHELF INSPECTION FEES

20 SEC. 107. (a) In fiscal year 2018, the Secretary shall 

21 collect a nonrefundable inspection fee, which shall be de22 posited in the ‘‘Offshore Safety and Environmental En23 forcement’’ account, from the designated operator for fa24 cilities subject to inspection under 43 U.S.C. 1348(c). 

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1 (b) Annual fees shall be collected for facilities that 

2 are above the waterline, excluding drilling rigs, and are 

3 in place at the start of the fiscal year. Fees for fiscal year 

4 2018 shall be: 

5 (1) $10,500 for facilities with no wells, but with 

6 processing equipment or gathering lines; 

7 (2) $17,000 for facilities with 1 to 10 wells, 

8 with any combination of active or inactive wells; and 

9 (3) $31,500 for facilities with more than 10 

10 wells, with any combination of active or inactive 

11 wells. 

12 (c) Fees for drilling rigs shall be assessed for all in13 spections completed in fiscal year 2018. Fees for fiscal 

14 year 2018 shall be: 

15 (1) $30,500 per inspection for rigs operating in 

16 water depths of 500 feet or more; and 

17 (2) $16,700 per inspection for rigs operating in 

18 water depths of less than 500 feet. 

19 (d) The Secretary shall bill designated operators 

20 under subsection (b) within 60 days, with payment re21 quired within 30 days of billing. The Secretary shall bill 

22 designated operators under subsection (c) within 30 days 

23 of the end of the month in which the inspection occurred, 

24 with payment required within 30 days of billing. 

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1 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION

2 AND ENFORCEMENT REORGANIZATION

3 SEC. 108. The Secretary of the Interior, in order to 

4 implement a reorganization of the Bureau of Ocean En5 ergy Management, Regulation and Enforcement, may 

6 transfer funds among and between the successor offices 

7 and bureaus affected by the reorganization only in con8 formance with the reprogramming guidelines described in 

9 the explanatory statement described in section 4 (in the 

10 matter preceding division A of this consolidated Act). 

11 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

12 BURRO HOLDING FACILITIES

13 SEC. 109. Notwithstanding any other provision of 

14 this Act, the Secretary of the Interior may enter into 

15 multiyear cooperative agreements with nonprofit organiza16 tions and other appropriate entities, and may enter into 

17 multiyear contracts in accordance with the provisions of 

18 section 3903 of title 41, United States Code (except that 

19 the 5-year term restriction in subsection (a) shall not 

20 apply), for the long-term care and maintenance of excess 

21 wild free roaming horses and burros by such organizations 

22 or entities on private land. Such cooperative agreements 

23 and contracts may not exceed 10 years, subject to renewal 

24 at the discretion of the Secretary. 

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1 MASS MARKING OF SALMONIDS

2 SEC. 110. The United States Fish and Wildlife Serv3 ice shall, in carrying out its responsibilities to protect 

4 threatened and endangered species of salmon, implement 

5 a system of mass marking of salmonid stocks, intended 

6 for harvest, that are released from federally operated or 

7 federally financed hatcheries including but not limited to 

8 fish releases of coho, chinook, and steelhead species. 

9 Marked fish must have a visible mark that can be readily 

10 identified by commercial and recreational fishers. 

11 EXHAUSTION OF ADMINISTRATIVE REVIEW

12 SEC. 111. Paragraph (1) of section 122(a) of division 

13 E of Public Law 112–74 (125 Stat. 1013) is amended 

14 by striking ‘‘through 2020,’’ in the first sentence and in15 serting ‘‘through 2022,’’. 

16 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

17 SEC. 112. Notwithstanding any other provision of 

18 law, during fiscal year 2018, in carrying out work involv19 ing cooperation with State, local, and tribal governments 

20 or any political subdivision thereof, Indian Affairs may 

21 record obligations against accounts receivable from any 

22 such entities, except that total obligations at the end of 

23 the fiscal year shall not exceed total budgetary resources 

24 available at the end of the fiscal year. 

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1 HUMANE TRANSFER OF EXCESS ANIMALS

2 SEC. 113. Notwithstanding any other provision of 

3 law, the Secretary of the Interior may transfer excess wild 

4 horses or burros that have been removed from the public 

5 lands to other Federal, State, and local government agen6 cies for use as work animals: Provided, That the Secretary 

7 may make any such transfer immediately upon request of 

8 such Federal, State, or local government agency: Provided 

9 further, That any excess animal transferred under this 

10 provision shall lose its status as a wild free-roaming horse 

11 or burro as defined in the Wild Free-Roaming Horses and 

12 Burros Act: Provided further, That any Federal, State, or 

13 local government agency receiving excess wild horses or 

14 burros as authorized in this section shall not: destroy the 

15 horses or burros in a way that results in their destruction 

16 into commercial products; sell or otherwise transfer the 

17 horses or burros in a way that results in their destruction 

18 for processing into commercial products; or euthanize the 

19 horses or burros except upon the recommendation of a li20 censed veterinarian, in cases of severe injury, illness, or 

21 advanced age. 

22 REPUBLIC OF PALAU

23 SEC. 114. There is appropriated $123,824,000 for an 

24 additional amount for ‘‘Compact of Free Association’’, 

25 which shall remain available until expended for use in 

March 21, 2018 (6:08 p.m.)
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1 meeting the financial obligations of the Government of the 

2 United States under the Agreement between the Govern3 ment of the United States of America and the Government 

4 of the Republic of Palau Following the Compact of Free 

5 Association Section 432 Review, signed on September 3, 

6 2010, with the funding schedule therein modified by the 

7 Parties as necessary and appropriate (‘‘Compact Review 

8 Agreement’’): Provided, That funds may not be made 

9 available under this section prior to the Compact Review 

10 Agreement and its appendices entering into force. 

11 DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES

12 PROGRAM

13 SEC. 115. (a) Notwithstanding any other provision 

14 of law relating to Federal grants and cooperative agree15 ments, the Secretary of the Interior is authorized to make 

16 grants to, or enter into cooperative agreements with, pri17 vate nonprofit organizations designated by the Secretary 

18 of Labor under title V of the Older Americans Act of 1965 

19 to utilize the talents of older Americans in programs au20 thorized by other provisions of law administered by the 

21 Secretary and consistent with such provisions of law. 

22 (b) Prior to awarding any grant or agreement under 

23 subsection (a), the Secretary shall ensure that the agree24 ment would not— 

March 21, 2018 (6:08 p.m.)
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1 (1) result in the displacement of individuals 

2 currently employed by the Department, including 

3 partial displacement through reduction of non-over4 time hours, wages, or employment benefits; 

5 (2) result in the use of an individual under the 

6 Department of the Interior Experienced Services 

7 Program for a job or function in a case in which a 

8 Federal employee is in a layoff status from the same 

9 or substantially equivalent job within the Depart10 ment; or 

11 (3) affect existing contracts for services. 

12 JAY S. HAMMOND WILDERNESS

13 SEC. 116. (a) DESIGNATION.—The approximately 

14 2,600,000 acres of National Wilderness Preservation Sys15 tem land located within the Lake Clark National Park and 

16 Preserve designated by section 701(6) of the Alaska Na17 tional Interest Lands Conservation Act (16 U.S.C. 1132 

18 note; Public Law 96–487) shall be known and designated 

19 as the ‘‘Jay S. Hammond Wilderness’’. 

20 (b) REFERENCES.—Any reference in a law, map, reg21 ulation, document, paper, or other record of the United 

22 States to the wilderness area referred to in subsection (a) 

23 shall be deemed to be a reference to the ‘‘Jay S. Ham24 mond Wilderness’’. 

March 21, 2018 (6:08 p.m.)
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1 EXTENSION OF AUTHORITIES

2 SEC. 117. (a) Division II of Public Law 104–333 (54 

3 U.S.C. 320101 note), as amended by section 116(b)(2) of 

4 Public Law 114–113, is amended in each of sections 203, 

5 310, and 607, by striking ‘‘2017’’ and inserting ‘‘2019’’. 

6 (b) Section 140(j) of the Department of the Interior 

7 and Related Agencies Appropriations Act, 2004 (54 

8 U.S.C. 320101 note; Public Law 108–108; 117 Stat. 

9 1280) is amended by striking ‘‘15 years’’ and inserting 

10 ‘‘17 years’’. 

11 PAYMENTS IN LIEU OF TAXES (PILT)

12 SEC. 118. Section 6906 of title 31, United States 

13 Code, is amended by striking ‘‘each of fiscal years 2008 

14 through 2014’’ and inserting ‘‘fiscal year 2018’’. 

15 MORRISTOWN NATIONAL HISTORICAL PARK

16 SEC. 119. The first section of the Act entitled ‘‘An 

17 Act to authorize the addition of lands to Morristown Na18 tional Historical Park in the State of New Jersey, and 

19 for other purposes’’, approved September 18, 1964 (16 

20 U.S.C. 409g), is amended— 

21 (1) by inserting ‘‘, from a willing owner only,’’ 

22 after ‘‘the Secretary of the Interior is authorized to 

23 procure’’; and 

24 (2) by striking ‘‘615’’ each place it appears and 

25 inserting ‘‘715’’. 

March 21, 2018 (6:08 p.m.)
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1 SAGE-GROUSE

2 SEC. 120. None of the funds made available by this 

3 or any other Act may be used by the Secretary of the Inte4 rior to write or issue pursuant to section 4 of the Endan5 gered Species Act of 1973 (16 U.S.C. 1533)— 

6 (1) a proposed rule for greater sage-grouse 

7 (Centrocercus urophasianus); 

8 (2) a proposed rule for the Columbia basin dis9 tinct population segment of greater sage-grouse. 

10 INCORPORATION BY REFERENCE

11 SEC. 121. (a) The following provisions of S. 1460 

12 (Energy and Natural Resources Act of 2017) of the 115th 

13 Congress, as placed on the calendar of the Senate on June 

14 29, 2017, are hereby enacted into law: 

15 (1) Section 7130 (Modification of the Second 

16 Division Memorial). 

17 (2) Section 7134 (Ste. Genevieve National His18 torical Park). 

19 (b) H.R. 1281 as introduced in the 115th Congress 

20 (A bill to extend the authorization of the Highlands Con21 servation Act) and H.R. 4134 as introduced in the 115th 

22 Congress (Cecil D. Andrus-White Clouds Wilderness Re23 designation Act) are hereby enacted into law. 

24 (c) In publishing this Act in slip form and in the 

25 United States Statutes at large pursuant to section 112 

March 21, 2018 (6:08 p.m.)
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1 of title 1, United States Code, the Archivist of the United 

2 States shall include after the date of approval at the end 

3 an appendix setting forth the text of the sections of the 

4 bill and the bills referred to in subsections (a) and (b), 

5 respectively. 

6 MINERAL WITHDRAWAL SUBJECT TO VALID EXISTING

7 RIGHTS

8 SEC. 122. (a) The mineral estate identified in Bureau 

9 of Land Management contracts number CA 20139 and CA 

10 22901 is hereby withdrawn from all forms of mineral 

11 entry authority of the Secretary, subject to valid existing 

12 rights. 

March 21, 2018 (6:08 p.m.)
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1 TITLE II 

2 ENVIRONMENTAL PROTECTION AGENCY 

3 SCIENCE AND TECHNOLOGY

4 (INCLUDING RESCISSION OF FUNDS)

5 For science and technology, including research and 

6 development activities, which shall include research and 

7 development activities under the Comprehensive Environ8 mental Response, Compensation, and Liability Act of 

9 1980; necessary expenses for personnel and related costs 

10 and travel expenses; procurement of laboratory equipment 

11 and supplies; and other operating expenses in support of 

12 research and development, $713,823,000, to remain avail13 able until September 30, 2019: Provided, That of the 

14 funds included under this heading, $4,100,000 shall be for 

15 Research: National Priorities as specified in the explana16 tory statement described in section 4 (in the matter pre17 ceding division A of this consolidated Act): Provided fur18 ther, That of unobligated balances from appropriations 

19 made available under this heading, $7,350,000 are perma20 nently rescinded: Provided further, That no amounts may 

21 be rescinded pursuant to the preceding proviso from 

22 amounts made available in the first proviso for Research: 

23 National Priorities. 

March 21, 2018 (6:08 p.m.)
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1 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

2 (INCLUDING RESCISSION OF FUNDS)

3 For environmental programs and management, in4 cluding necessary expenses, not otherwise provided for, for 

5 personnel and related costs and travel expenses; hire of 

6 passenger motor vehicles; hire, maintenance, and oper7 ation of aircraft; purchase of reprints; library member8 ships in societies or associations which issue publications 

9 to members only or at a price to members lower than to 

10 subscribers who are not members; administrative costs of 

11 the brownfields program under the Small Business Liabil12 ity Relief and Brownfields Revitalization Act of 2002; im13 plementation of a coal combustion residual permit pro14 gram under section 2301 of the Water and Waste Act of 

15 2016; and not to exceed $19,000 for official reception and 

16 representation expenses, $2,643,299,000, to remain avail17 able until September 30, 2019: Provided, That of the 

18 funds included under this heading, $12,700,000 shall be 

19 for Environmental Protection: National Priorities as speci20 fied in the explanatory statement described in section 4 

21 (in the matter preceding division A of this consolidated 

22 Act): Provided further, That of the funds included under 

23 this heading, $447,857,000 shall be for Geographic Pro24 grams specified in the explanatory statement described in 

25 section 4 (in the matter preceding division A of this conMarch 21, 2018 (6:08 p.m.)
790 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 solidated Act): Provided further, That of the unobligated 

2 balances from appropriations made available under this 

3 heading, $45,300,000 are permanently rescinded: Pro4 vided further, That no amounts may be rescinded pursuant 

5 to the preceding proviso from amounts made available in 

6 the first proviso for Environmental Protection: National 

7 Priorities, from amounts made available in the second pro8 viso for Geographic Programs, or from the National Estu9 ary Program (33 U.S.C. 1330). 

10 In addition, $10,000,000 to remain available until ex11 pended, for necessary expenses of activities described in 

12 section 26(b)(1) of the Toxic Substances Control Act (15 

13 U.S.C. 2625(b)(1)): Provided, That fees collected pursu14 ant to that section of that Act and deposited in the ‘‘TSCA 

15 Service Fee Fund’’ as discretionary offsetting receipts in 

16 fiscal year 2018 shall be retained and used for necessary 

17 salaries and expenses in this appropriation and shall re18 main available until expended: Provided further, That the 

19 sum herein appropriated in this paragraph from the gen20 eral fund for fiscal year 2018 shall be reduced by the 

21 amount of discretionary offsetting receipts received during 

22 fiscal year 2018, so as to result in a final fiscal year 2018 

23 appropriation from the general fund estimated at not more 

24 than $0: Provided further, That to the extent that amounts 

25 realized from such receipts exceed $10,000,000, those 

March 21, 2018 (6:08 p.m.)
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1 amount in excess of $10,000,000 shall be deposited in the 

2 ‘‘TSCA Service Fee Fund’’ as discretionary offsetting re3 ceipts in fiscal year 2018, shall be retained and used for 

4 necessary salaries and expenses in this account, and shall 

5 remain available until expended: Provided further, That of 

6 the funds included in the first paragraph under this head7 ing, the Chemical Risk Review and Reduction program 

8 project shall be allocated for this fiscal year, excluding the 

9 amount of any fees appropriated, not less than the amount 

10 of appropriations for that program project for fiscal year 

11 2014. 

12 HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM

13 FUND

14 For necessary expenses to carry out section 3024 of 

15 the Solid Waste Disposal Act (42 U.S.C. 6939g), includ16 ing the development, operation, maintenance, and upgrad17 ing of the hazardous waste electronic manifest system es18 tablished by such section, $3,674,000, to remain available 

19 until expended: Provided, That the sum herein appro20 priated from the general fund shall be reduced as offset21 ting collections under such section 3024 are received dur22 ing fiscal year 2018, which shall remain available until ex23 pended and be used for necessary expenses in this appro24 priation, so as to result in a final fiscal year 2018 appro25 priation from the general fund estimated at not more than 

March 21, 2018 (6:08 p.m.)
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1 $0: Provided further, That to the extent such offsetting 

2 collections received in fiscal year 2018 exceed $3,674,000, 

3 those excess amounts shall remain available until ex4 pended and be used for necessary expenses in this appro5 priation. 

6 OFFICE OF INSPECTOR GENERAL

7 For necessary expenses of the Office of Inspector 

8 General in carrying out the provisions of the Inspector 

9 General Act of 1978, $41,489,000, to remain available 

10 until September 30, 2019. 

11 BUILDINGS AND FACILITIES

12 For construction, repair, improvement, extension, al13 teration, and purchase of fixed equipment or facilities of, 

14 or for use by, the Environmental Protection Agency, 

15 $34,467,000, to remain available until expended. 

16 HAZARDOUS SUBSTANCE SUPERFUND

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses to carry out the Comprehen19 sive Environmental Response, Compensation, and Liabil20 ity Act of 1980 (CERCLA), including sections 111(c)(3), 

21 (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) 

22 $1,091,947,000, to remain available until expended, con23 sisting of such sums as are available in the Trust Fund 

24 on September 30, 2017, as authorized by section 517(a) 

25 of the Superfund Amendments and Reauthorization Act 

March 21, 2018 (6:08 p.m.)
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1 of 1986 (SARA) and up to $1,091,947,000 as a payment 

2 from general revenues to the Hazardous Substance Super3 fund for purposes as authorized by section 517(b) of 

4 SARA: Provided, That funds appropriated under this 

5 heading may be allocated to other Federal agencies in ac6 cordance with section 111(a) of CERCLA: Provided fur7 ther, That of the funds appropriated under this heading, 

8 $8,778,000 shall be paid to the ‘‘Office of Inspector Gen9 eral’’ appropriation to remain available until September 

10 30, 2019, and $15,496,000 shall be paid to the ‘‘Science 

11 and Technology’’ appropriation to remain available until 

12 September 30, 2019. 

13 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

14 PROGRAM

15 For necessary expenses to carry out leaking under16 ground storage tank cleanup activities authorized by sub17 title I of the Solid Waste Disposal Act, $91,941,000, to 

18 remain available until expended, of which $66,572,000 

19 shall be for carrying out leaking underground storage tank 

20 cleanup activities authorized by section 9003(h) of the 

21 Solid Waste Disposal Act; $25,369,000 shall be for car22 rying out the other provisions of the Solid Waste Disposal 

23 Act specified in section 9508(c) of the Internal Revenue 

24 Code: Provided, That the Administrator is authorized to 

25 use appropriations made available under this heading to 

March 21, 2018 (6:08 p.m.)
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1 implement section 9013 of the Solid Waste Disposal Act 

2 to provide financial assistance to federally recognized In3 dian tribes for the development and implementation of 

4 programs to manage underground storage tanks. 

5 INLAND OIL SPILL PROGRAMS

6 For expenses necessary to carry out the Environ7 mental Protection Agency’s responsibilities under the Oil 

8 Pollution Act of 1990, $18,209,000, to be derived from 

9 the Oil Spill Liability trust fund, to remain available until 

10 expended. 

11 STATE AND TRIBAL ASSISTANCE GRANTS

12 For environmental programs and infrastructure as13 sistance, including capitalization grants for State revolv14 ing funds and performance partnership grants, 

15 $3,562,161,000, to remain available until expended, of 

16 which— 

17 (1) $1,393,887,000 shall be for making capital18 ization grants for the Clean Water State Revolving 

19 Funds under title VI of the Federal Water Pollution 

20 Control Act; and of which $863,233,000 shall be for 

21 making capitalization grants for the Drinking Water 

22 State Revolving Funds under section 1452 of the 

23 Safe Drinking Water Act: Provided, That for fiscal 

24 year 2018, to the extent there are sufficient eligible 

25 project applications and projects are consistent with 

March 21, 2018 (6:08 p.m.)
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1 State Intended Use Plans, not less than 10 percent 

2 of the funds made available under this title to each 

3 State for Clean Water State Revolving Fund capital4 ization grants shall be used by the State for projects 

5 to address green infrastructure, water or energy effi6 ciency improvements, or other environmentally inno7 vative activities: Provided further, That for fiscal 

8 year 2018, funds made available under this title to 

9 each State for Drinking Water State Revolving 

10 Fund capitalization grants may, at the discretion of 

11 each State, be used for projects to address green in12 frastructure, water or energy efficiency improve13 ments, or other environmentally innovative activities: 

14 Provided further, That notwithstanding section 

15 603(d)(7) of the Federal Water Pollution Control 

16 Act, the limitation on the amounts in a State water 

17 pollution control revolving fund that may be used by 

18 a State to administer the fund shall not apply to 

19 amounts included as principal in loans made by such 

20 fund in fiscal year 2018 and prior years where such 

21 amounts represent costs of administering the fund 

22 to the extent that such amounts are or were deemed 

23 reasonable by the Administrator, accounted for sepa24 rately from other assets in the fund, and used for 

25 eligible purposes of the fund, including administraMarch 21, 2018 (6:08 p.m.)
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1 tion: Provided further, That for fiscal year 2018, 

2 notwithstanding the provisions of subsections (g)(1), 

3 (h), and (l) of section 201 of the Federal Water Pol4 lution Control Act, grants made under title II of 

5 such Act for American Samoa, Guam, the common6 wealth of the Northern Marianas, the United States 

7 Virgin Islands, and the District of Columbia may 

8 also be made for the purpose of providing assistance: 

9 (1) solely for facility plans, design activities, or 

10 plans, specifications, and estimates for any proposed 

11 project for the construction of treatment works; and 

12 (2) for the construction, repair, or replacement of 

13 privately owned treatment works serving one or 

14 more principal residences or small commercial estab15 lishments: Provided further, That for fiscal year 

16 2018, notwithstanding the provisions of such sub17 sections (g)(1), (h), and (l) of section 201 and sec18 tion 518(c) of the Federal Water Pollution Control 

19 Act, funds reserved by the Administrator for grants 

20 under section 518(c) of the Federal Water Pollution 

21 Control Act may also be used to provide assistance: 

22 (1) solely for facility plans, design activities, or 

23 plans, specifications, and estimates for any proposed 

24 project for the construction of treatment works; and 

25 (2) for the construction, repair, or replacement of 

March 21, 2018 (6:08 p.m.)
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1 privately owned treatment works serving one or 

2 more principal residences or small commercial estab3 lishments: Provided further, That for fiscal year 

4 2018, notwithstanding any provision of the Federal 

5 Water Pollution Control Act and regulations issued 

6 pursuant thereof, up to a total of $2,000,000 of the 

7 funds reserved by the Administrator for grants 

8 under section 518(c) of such Act may also be used 

9 for grants for training, technical assistance, and 

10 educational programs relating to the operation and 

11 management of the treatment works specified in sec12 tion 518(c) of such Act: Provided further, That for 

13 fiscal year 2018, funds reserved under section 

14 518(c) of such Act shall be available for grants only 

15 to Indian tribes, as defined in section 518(h) of such 

16 Act and former Indian reservations in Oklahoma (as 

17 determined by the Secretary of the Interior) and Na18 tive Villages as defined in Public Law 92–203: Pro19 vided further, That for fiscal year 2018, notwith20 standing the limitation on amounts in section 518(c) 

21 of the Federal Water Pollution Control Act, up to a 

22 total of 2 percent of the funds appropriated, or 

23 $30,000,000, whichever is greater, and notwith24 standing the limitation on amounts in section 

25 1452(i) of the Safe Drinking Water Act, up to a 

March 21, 2018 (6:08 p.m.)
798 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 total of 2 percent of the funds appropriated, or 

2 $20,000,000, whichever is greater, for State Revolv3 ing Funds under such Acts may be reserved by the 

4 Administrator for grants under section 518(c) and 

5 section 1452(i) of such Acts: Provided further, That 

6 for fiscal year 2018, notwithstanding the amounts 

7 specified in section 205(c) of the Federal Water Pol8 lution Control Act, up to 1.5 percent of the aggre9 gate funds appropriated for the Clean Water State 

10 Revolving Fund program under the Act less any 

11 sums reserved under section 518(c) of the Act, may 

12 be reserved by the Administrator for grants made 

13 under title II of the Federal Water Pollution Control 

14 Act for American Samoa, Guam, the Commonwealth 

15 of the Northern Marianas, and United States Virgin 

16 Islands: Provided further, That for fiscal year 2018, 

17 notwithstanding the limitations on amounts specified 

18 in section 1452(j) of the Safe Drinking Water Act, 

19 up to 1.5 percent of the funds appropriated for the 

20 Drinking Water State Revolving Fund programs 

21 under the Safe Drinking Water Act may be reserved 

22 by the Administrator for grants made under section 

23 1452(j) of the Safe Drinking Water Act: Provided 

24 further, That 10 percent of the funds made available 

25 under this title to each State for Clean Water State 

March 21, 2018 (6:08 p.m.)
799 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 Revolving Fund capitalization grants and 20 percent 

2 of the funds made available under this title to each 

3 State for Drinking Water State Revolving Fund cap4 italization grants shall be used by the State to pro5 vide additional subsidy to eligible recipients in the 

6 form of forgiveness of principal, negative interest 

7 loans, or grants (or any combination of these), and 

8 shall be so used by the State only where such funds 

9 are provided as initial financing for an eligible re10 cipient or to buy, refinance, or restructure the debt 

11 obligations of eligible recipients only where such debt 

12 was incurred on or after the date of enactment of 

13 this Act, or where such debt was incurred prior to 

14 the date of enactment of this Act if the State, with 

15 concurrence from the Administrator, determines that 

16 such funds could be used to help address a threat 

17 to public health from heightened exposure to lead in 

18 drinking water or if a Federal or State emergency 

19 declaration has been issued due to a threat to public 

20 health from heightened exposure to lead in a munic21 ipal drinking water supply before the date of enact22 ment of this Act: Provided further, That in a State 

23 in which such an emergency declaration has been 

24 issued, the State may use more than 20 percent of 

25 the funds made available under this title to the 

March 21, 2018 (6:08 p.m.)
800 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 State for Drinking Water State Revolving Fund cap2 italization grants to provide additional subsidy to eli3 gible recipients; 

4 (2) $10,000,000 shall be for architectural, engi5 neering, planning, design, construction and related 

6 activities in connection with the construction of high 

7 priority water and wastewater facilities in the area 

8 of the United States-Mexico Border, after consulta9 tion with the appropriate border commission: Pro10 vided, That no funds provided by this appropriations 

11 Act to address the water, wastewater and other crit12 ical infrastructure needs of the colonias in the 

13 United States along the United States-Mexico bor14 der shall be made available to a county or municipal 

15 government unless that government has established 

16 an enforceable local ordinance, or other zoning rule, 

17 which prevents in that jurisdiction the development 

18 or construction of any additional colonia areas, or 

19 the development within an existing colonia the con20 struction of any new home, business, or other struc21 ture which lacks water, wastewater, or other nec22 essary infrastructure; 

23 (3) $20,000,000 shall be for grants to the State 

24 of Alaska to address drinking water and wastewater 

25 infrastructure needs of rural and Alaska Native VilMarch 21, 2018 (6:08 p.m.)
801 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 lages: Provided, That of these funds: (A) the State 

2 of Alaska shall provide a match of 25 percent; (B) 

3 no more than 5 percent of the funds may be used 

4 for administrative and overhead expenses; and (C) 

5 the State of Alaska shall make awards consistent 

6 with the Statewide priority list established in con7 junction with the Agency and the U.S. Department 

8 of Agriculture for all water, sewer, waste disposal, 

9 and similar projects carried out by the State of Alas10 ka that are funded under section 221 of the Federal 

11 Water Pollution Control Act (33 U.S.C. 1301) or 

12 the Consolidated Farm and Rural Development Act 

13 (7 U.S.C. 1921 et seq.) which shall allocate not less 

14 than 25 percent of the funds provided for projects 

15 in regional hub communities; 

16 (4) $80,000,000 shall be to carry out section 

17 104(k) of the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of 1980 

19 (CERCLA), including grants, interagency agree20 ments, and associated program support costs: Pro21 vided, That not more than 25 percent of the amount 

22 appropriated to carry out section 104(k) of 

23 CERCLA shall be used for site characterization, as24 sessment, and remediation of facilities described in 

25 section 101(39)(D)(ii)(II) of CERCLA: Provided 

March 21, 2018 (6:08 p.m.)
802 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 further, That at least 10 percent shall be allocated 

2 for assistance in persistent poverty counties: Pro3 vided further, That for purposes of this section, the 

4 term ‘‘persistent poverty counties’’ means any coun5 ty that has had 20 percent or more of its population 

6 living in poverty over the past 30 years, as measured 

7 by the 1990 and 2000 decennial censuses and the 

8 most recent Small Area Income and Poverty Esti9 mates; 

10 (5) $75,000,000 shall be for grants under title 

11 VII, subtitle G of the Energy Policy Act of 2005; 

12 (6) $40,000,000 shall be for targeted airshed 

13 grants in accordance with the terms and conditions 

14 in the explanatory statement described in section 4 

15 (in the matter preceding division A of this consoli16 dated Act); 

17 (7) $4,000,000 shall be to carry out the water 

18 quality program authorized in section 5004(d) of the 

19 Water Infrastructure Improvements for the Nation 

20 Act (Public Law 114–322); and 

21 (8) $1,076,041,000 shall be for grants, includ22 ing associated program support costs, to States, fed23 erally recognized tribes, interstate agencies, tribal 

24 consortia, and air pollution control agencies for 

25 multi-media or single media pollution prevention, 

March 21, 2018 (6:08 p.m.)
803 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 control and abatement and related activities, includ2 ing activities pursuant to the provisions set forth 

3 under this heading in Public Law 104–134, and for 

4 making grants under section 103 of the Clean Air 

5 Act for particulate matter monitoring and data col6 lection activities subject to terms and conditions 

7 specified by the Administrator, of which: 

8 $47,745,000 shall be for carrying out section 128 of 

9 CERCLA; $9,646,000 shall be for Environmental 

10 Information Exchange Network grants, including as11 sociated program support costs; $1,498,000 shall be 

12 for grants to States under section 2007(f)(2) of the 

13 Solid Waste Disposal Act, which shall be in addition 

14 to funds appropriated under the heading ‘‘Leaking 

15 Underground Storage Tank Trust Fund Program’’ 

16 to carry out the provisions of the Solid Waste Dis17 posal Act specified in section 9508(c) of the Internal 

18 Revenue Code other than section 9003(h) of the 

19 Solid Waste Disposal Act; $17,848,000 of the funds 

20 available for grants under section 106 of the Federal 

21 Water Pollution Control Act shall be for State par22 ticipation in national- and State-level statistical sur23 veys of water resources and enhancements to State 

24 monitoring programs; $10,000,000 shall be for mul25 tipurpose grants, including interagency agreements: 

March 21, 2018 (6:08 p.m.)
804 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 Provided, That hereafter, notwithstanding other ap2 plicable provisions of law, the funds appropriated for 

3 the Indian Environmental General Assistance Pro4 gram shall be available to federally recognized tribes 

5 for solid waste and recovered materials collection, 

6 transportation, backhaul, and disposal services. 

7 WATER INFRASTRUCTURE FINANCE AND INNOVATION

8 PROGRAM ACCOUNT

9 For the cost of direct loans and for the cost of guar10 anteed loans, as authorized by the Water Infrastructure 

11 Finance and Innovation Act of 2014, $5,000,000, to re12 main available until expended: Provided, That such costs, 

13 including the cost of modifying such loans, shall be as de14 fined in section 502 of the Congressional Budget Act of 

15 1974: Provided further, That these funds are available to 

16 subsidize gross obligations for the principal amount of di17 rect loans, including capitalized interest, and total loan 

18 principal, including capitalized interest, any part of which 

19 is to be guaranteed, not to exceed $610,000,000. 

20 In addition, fees authorized to be collected pursuant 

21 to sections 5029 and 5030 of the Water Infrastructure 

22 Finance and Innovation Act of 2014 shall be deposited 

23 in this account, to remain available until expended. 

24 In addition, for administrative expenses to carry out 

25 the direct and guaranteed loan programs, notwithstanding 

March 21, 2018 (6:08 p.m.)
805 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 section 5033 of the Water Infrastructure Finance and In2 novation Act of 2014, $5,000,000, to remain available 

3 until September 30, 2019. 

4 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

5 PROTECTION AGENCY

6 (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

7 For fiscal year 2018, notwithstanding 31 U.S.C. 

8 6303(1) and 6305(1), the Administrator of the Environ9 mental Protection Agency, in carrying out the Agency’s 

10 function to implement directly Federal environmental pro11 grams required or authorized by law in the absence of an 

12 acceptable tribal program, may award cooperative agree13 ments to federally recognized Indian tribes or Intertribal 

14 consortia, if authorized by their member tribes, to assist 

15 the Administrator in implementing Federal environmental 

16 programs for Indian tribes required or authorized by law, 

17 except that no such cooperative agreements may be award18 ed from funds designated for State financial assistance 

19 agreements. 

20 The Administrator of the Environmental Protection 

21 Agency is authorized to collect and obligate pesticide reg22 istration service fees in accordance with section 33 of the 

23 Federal Insecticide, Fungicide, and Rodenticide Act, as 

24 amended by Public Law 112–177, the Pesticide Registra25 tion Improvement Extension Act of 2012. 

March 21, 2018 (6:08 p.m.)
806 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 Notwithstanding section 33(d)(2) of the Federal In2 secticide, Fungicide, and Rodenticide Act (FIFRA) (7 

3 U.S.C. 136w–8(d)(2)), the Administrator of the Environ4 mental Protection Agency may assess fees under section 

5 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2018. 

6 The Administrator is authorized to transfer up to 

7 $300,000,000 of the funds appropriated for the Great 

8 Lakes Restoration Initiative under the heading ‘‘Environ9 mental Programs and Management’’ to the head of any 

10 Federal department or agency, with the concurrence of 

11 such head, to carry out activities that would support the 

12 Great Lakes Restoration Initiative and Great Lakes 

13 Water Quality Agreement programs, projects, or activities; 

14 to enter into an interagency agreement with the head of 

15 such Federal department or agency to carry out these ac16 tivities; and to make grants to governmental entities, non17 profit organizations, institutions, and individuals for plan18 ning, research, monitoring, outreach, and implementation 

19 in furtherance of the Great Lakes Restoration Initiative 

20 and the Great Lakes Water Quality Agreement. 

21 The Science and Technology, Environmental Pro22 grams and Management, Office of Inspector General, Haz23 ardous Substance Superfund, and Leaking Underground 

24 Storage Tank Trust Fund Program Accounts, are avail25 able for the construction, alteration, repair, rehabilitation, 

March 21, 2018 (6:08 p.m.)
807 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 and renovation of facilities, provided that the cost does 

2 not exceed $150,000 per project. 

3 For fiscal year 2018, and notwithstanding section 

4 518(f) of the Federal Water Pollution Control Act (33 

5 U.S.C. 1377(f)), the Administrator is authorized to use 

6 the amounts appropriated for any fiscal year under section 

7 319 of the Act to make grants to Indian tribes pursuant 

8 to sections 319(h) and 518(e) of that Act. 

9 The Administrator is authorized to use the amounts 

10 appropriated under the heading ‘‘Environmental Pro11 grams and Management’’ for fiscal year 2018 to provide 

12 grants to implement the Southeastern New England Wa13 tershed Restoration Program. 

14 Of the unobligated balances available for the ‘‘State 

15 and Tribal Assistance Grants’’ account, $96,198,000 are 

16 hereby permanently rescinded: Provided, That no amounts 

17 may be rescinded from amounts that were designated by 

18 the Congress as an emergency requirement pursuant to 

19 the Concurrent Resolution on the Budget or the Balanced 

20 Budget and Emergency Deficit Control Act of 1985 or 

21 from amounts that were made available by subsection (a) 

22 of section 196 of the Continuing Appropriations Act, 2017 

23 (division C of Public Law 114–223), as amended by the 

24 Further Continuing and Security Assistance Appropria25 tions Act, 2017 (Public Law 114–254). 

March 21, 2018 (6:08 p.m.)
808 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 Notwithstanding the limitations on amounts in sec2 tion 320(i)(2)(B) of the Federal Water Pollution Control 

3 Act, not less than $1,000,000 of the funds made available 

4 under this title for the National Estuary Program shall 

5 be for making competitive awards described in section 

6 320(g)(4). 

March 21, 2018 (6:08 p.m.)
809 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 TITLE III 

2 RELATED AGENCIES 

3 DEPARTMENT OF AGRICULTURE 

4 FOREST SERVICE

5 OFFICE OF THE UNDER SECRETARY FOR NATURAL

6 RESOURCES AND ENVIRONMENT

7 For necessary expenses of the Office of the Under 

8 Secretary for Natural Resources and Environment, 

9 $875,000: Provided, That funds made available by this 

10 Act to any agency in the Natural Resources and Environ11 ment mission area for salaries and expenses are available 

12 to fund up to one administrative support staff for the of13 fice. 

14 FOREST AND RANGELAND RESEARCH

15 For necessary expenses of forest and rangeland re16 search as authorized by law, $297,000,000, to remain 

17 available through September 30, 2021: Provided, That of 

18 the funds provided, $77,000,000 is for the forest inventory 

19 and analysis program. 

20 STATE AND PRIVATE FORESTRY

21 (INCLUDING RESCISSION OF FUNDS)

22 For necessary expenses of cooperating with and pro23 viding technical and financial assistance to States, terri24 tories, possessions, and others, and for forest health man25 agement, and conducting an international program as auMarch 21, 2018 (6:08 p.m.)
810 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 thorized, $335,525,000, to remain available through Sep2 tember 30, 2021, as authorized by law; of which 

3 $67,025,000 is to be derived from the Land and Water 

4 Conservation Fund to be used for the Forest Legacy Pro5 gram, to remain available until expended. 

6 Of the unobligated balances from amounts made 

7 available for the Forest Legacy Program and derived from 

8 the Land and Water Conservation Fund, $5,938,000 is 

9 hereby permanently rescinded from projects with cost sav10 ings or failed or partially failed projects that had funds 

11 returned: Provided, That no amounts may be rescinded 

12 from amounts that were designated by the Congress as 

13 an emergency requirement pursuant to the Concurrent 

14 Resolution on the Budget or the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 NATIONAL FOREST SYSTEM

17 For necessary expenses of the Forest Service, not 

18 otherwise provided for, for management, protection, im19 provement, and utilization of the National Forest System, 

20 and for hazardous fuels management on or adjacent to 

21 such lands, $1,923,750,000, to remain available through 

22 September 30, 2021: Provided, That of the funds pro23 vided, $40,000,000 shall be deposited in the Collaborative 

24 Forest Landscape Restoration Fund for ecological restora25 tion treatments as authorized by 16 U.S.C. 7303(f): ProMarch 21, 2018 (6:08 p.m.)
811 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 vided further, That of the funds provided, $366,000,000 

2 shall be for forest products: Provided further, That of the 

3 funds provided, $430,000,000 shall be for hazardous fuels 

4 management activities, of which not to exceed 

5 $15,000,000 may be used to make grants, using any au6 thorities available to the Forest Service under the ‘‘State 

7 and Private Forestry’’ appropriation, for the purpose of 

8 creating incentives for increased use of biomass from Na9 tional Forest System lands: Provided further, That 

10 $15,000,000 may be used by the Secretary of Agriculture 

11 to enter into procurement contracts or cooperative agree12 ments or to issue grants for hazardous fuels management 

13 activities, and for training or monitoring associated with 

14 such hazardous fuels management activities on Federal 

15 land, or on non-Federal land if the Secretary determines 

16 such activities benefit resources on Federal land: Provided 

17 further, That funds made available to implement the Com18 munity Forestry Restoration Act, Public Law 106–393, 

19 title VI, shall be available for use on non-Federal lands 

20 in accordance with authorities made available to the For21 est Service under the ‘‘State and Private Forestry’’ appro22 priations: Provided further, That notwithstanding section 

23 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 

24 1012), the Secretary of Agriculture, in calculating a fee 

25 for grazing on a National Grassland, may provide a credit 

March 21, 2018 (6:08 p.m.)
812 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 of up to 50 percent of the calculated fee to a Grazing As2 sociation or direct permittee for a conservation practice 

3 approved by the Secretary in advance of the fiscal year 

4 in which the cost of the conservation practice is incurred. 

5 And, that the amount credited shall remain available to 

6 the Grazing Association or the direct permittee, as appro7 priate, in the fiscal year in which the credit is made and 

8 each fiscal year thereafter for use on the project for con9 servation practices approved by the Secretary. 

10 CAPITAL IMPROVEMENT AND MAINTENANCE

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Forest Service, not 

13 otherwise provided for, $449,000,000, to remain available 

14 through September 30, 2021, for construction, capital im15 provement, maintenance and acquisition of buildings and 

16 other facilities and infrastructure; and for construction, 

17 reconstruction, decommissioning of roads that are no 

18 longer needed, including unauthorized roads that are not 

19 part of the transportation system, and maintenance of for20 est roads and trails by the Forest Service as authorized 

21 by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Pro22 vided, That funds becoming available in fiscal year 2018 

23 under the Act of March 4, 1913 (16 U.S.C. 501) shall 

24 be transferred to the General Fund of the Treasury and 

March 21, 2018 (6:08 p.m.)
813 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 shall not be available for transfer or obligation for any 

2 other purpose unless the funds are appropriated. 

3 LAND ACQUISITION

4 For expenses necessary to carry out the provisions 

5 of chapter 2003 of title 54, United States Code, including 

6 administrative expenses, and for acquisition of land or wa7 ters, or interest therein, in accordance with statutory au8 thority applicable to the Forest Service, $64,337,000, to 

9 be derived from the Land and Water Conservation Fund 

10 and to remain available until expended. 

11 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

12 ACTS

13 For acquisition of lands within the exterior bound14 aries of the Cache, Uinta, and Wasatch National Forests, 

15 Utah; the Toiyabe National Forest, Nevada; and the An16 geles, San Bernardino, Sequoia, and Cleveland National 

17 Forests, California; and the Ozark-St. Francis and 

18 Ouachita National Forests, Arkansas; as authorized by 

19 law, $850,000, to be derived from forest receipts. 

20 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

21 For acquisition of lands, such sums, to be derived 

22 from funds deposited by State, county, or municipal gov23 ernments, public school districts, or other public school au24 thorities, and for authorized expenditures from funds de25 posited by non-Federal parties pursuant to Land Sale and 

March 21, 2018 (6:08 p.m.)
814 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 Exchange Acts, pursuant to the Act of December 4, 1967 

2 (16 U.S.C. 484a), to remain available through September 

3 30, 2021, (16 U.S.C. 516–617a, 555a; Public Law 96– 

4 586; Public Law 76–589, 76–591; and Public Law 78– 

5 310). 

6 RANGE BETTERMENT FUND

7 For necessary expenses of range rehabilitation, pro8 tection, and improvement, 50 percent of all moneys re9 ceived during the prior fiscal year, as fees for grazing do10 mestic livestock on lands in National Forests in the 16 

11 Western States, pursuant to section 401(b)(1) of Public 

12 Law 94–579, to remain available through September 30, 

13 2021, of which not to exceed 6 percent shall be available 

14 for administrative expenses associated with on-the-ground 

15 range rehabilitation, protection, and improvements. 

16 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

17 RANGELAND RESEARCH

18 For expenses authorized by 16 U.S.C. 1643(b), 

19 $45,000, to remain available through September 30, 2021, 

20 to be derived from the fund established pursuant to the 

21 above Act. 

22 MANAGEMENT OF NATIONAL FOREST LANDS FOR

23 SUBSISTENCE USES

24 For necessary expenses of the Forest Service to man25 age Federal lands in Alaska for subsistence uses under 

March 21, 2018 (6:08 p.m.)
815 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 title VIII of the Alaska National Interest Lands Conserva2 tion Act (16 U.S.C. 3111 et seq.), $2,500,000, to remain 

3 available through September 30, 2021. 

4 WILDLAND FIRE MANAGEMENT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses for forest fire presuppression 

7 activities on National Forest System lands, for emergency 

8 wildland fire suppression on or adjacent to such lands or 

9 other lands under fire protection agreement, and for emer10 gency rehabilitation of burned-over National Forest Sys11 tem lands and water, $2,880,338,000, to remain available 

12 through September 30, 2021: Provided, That such funds 

13 including unobligated balances under this heading, are 

14 available for repayment of advances from other appropria15 tions accounts previously transferred for such purposes: 

16 Provided further, That any unobligated funds appropriated 

17 in a previous fiscal year for hazardous fuels management 

18 may be transferred to the ‘‘National Forest System’’ ac19 count: Provided further, That such funds shall be available 

20 to reimburse State and other cooperating entities for serv21 ices provided in response to wildfire and other emergencies 

22 or disasters to the extent such reimbursements by the For23 est Service for non-fire emergencies are fully repaid by the 

24 responsible emergency management agency: Provided fur25 ther, That funds provided shall be available for support 

March 21, 2018 (6:08 p.m.)
816 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 to Federal emergency response: Provided further, That the 

2 costs of implementing any cooperative agreement between 

3 the Federal Government and any non-Federal entity may 

4 be shared, as mutually agreed on by the affected parties: 

5 Provided further, That funds designated for wildfire sup6 pression, shall be assessed for cost pools on the same basis 

7 as such assessments are calculated against other agency 

8 programs: Provided further, That the $65,000,000 made 

9 available under this heading in the Consolidated and Fur10 ther Continuing Appropriations Act, 2015 (Public Law 

11 113–235) for the purpose of acquiring aircraft for the 

12 next-generation airtanker fleet shall instead be available 

13 until expended for the purpose of enhancing firefighting 

14 mobility, effectiveness, efficiency, and safety. 

15 ADMINISTRATIVE PROVISIONS—FOREST SERVICE

16 (INCLUDING TRANSFERS OF FUNDS)

17 Appropriations to the Forest Service for the current 

18 fiscal year shall be available for: (1) purchase of passenger 

19 motor vehicles; acquisition of passenger motor vehicles 

20 from excess sources, and hire of such vehicles; purchase, 

21 lease, operation, maintenance, and acquisition of aircraft 

22 to maintain the operable fleet for use in Forest Service 

23 wildland fire programs and other Forest Service programs; 

24 notwithstanding other provisions of law, existing aircraft 

25 being replaced may be sold, with proceeds derived or 

March 21, 2018 (6:08 p.m.)
817 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 trade-in value used to offset the purchase price for the 

2 replacement aircraft; (2) services pursuant to 7 U.S.C. 

3 2225, and not to exceed $100,000 for employment under 

4 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

5 buildings and other public improvements (7 U.S.C. 2250); 

6 (4) acquisition of land, waters, and interests therein pur7 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

8 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

9 558a, 558d, and 558a note); (6) the cost of uniforms as 

10 authorized by 5 U.S.C. 5901–5902; and (7) for debt col11 lection contracts in accordance with 31 U.S.C. 3718(c). 

12 Any appropriations or funds available to the Forest 

13 Service may be transferred to the Wildland Fire Manage14 ment appropriation for forest firefighting, emergency re15 habilitation of burned-over or damaged lands or waters 

16 under its jurisdiction, and fire preparedness due to severe 

17 burning conditions upon the Secretary’s notification of the 

18 House and Senate Committees on Appropriations that all 

19 fire suppression funds appropriated under the heading 

20 ‘‘Wildland Fire Management’’ will be obligated within 30 

21 days: Provided, That all funds used pursuant to this para22 graph must be replenished by a supplemental appropria23 tion which must be requested as promptly as possible. 

24 Not more than $50,000,000 of funds appropriated to 

25 the Forest Service shall be available for expenditure or 

March 21, 2018 (6:08 p.m.)
818 

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1 transfer to the Department of the Interior for wildland 

2 fire management, hazardous fuels management, and State 

3 fire assistance when such transfers would facilitate and 

4 expedite wildland fire management programs and projects. 

5 Notwithstanding any other provision of this Act, the 

6 Forest Service may transfer unobligated balances of dis7 cretionary funds appropriated to the Forest Service by 

8 this Act to or within the National Forest System Account, 

9 or reprogram funds to be used for the purposes of haz10 ardous fuels management and urgent rehabilitation of 

11 burned-over National Forest System lands and water, 

12 such transferred funds shall remain available through Sep13 tember 30, 2021: Provided, That none of the funds trans14 ferred pursuant to this section shall be available for obli15 gation without written notification to and the prior ap16 proval of the Committees on Appropriations of both 

17 Houses of Congress: Provided further, That this section 

18 does not apply to funds appropriated to the FLAME Wild19 fire Suppression Reserve Fund or funds derived from the 

20 Land and Water Conservation Fund. 

21 Funds appropriated to the Forest Service shall be 

22 available for assistance to or through the Agency for Inter23 national Development in connection with forest and range24 land research, technical information, and assistance in for25 eign countries, and shall be available to support forestry 

March 21, 2018 (6:08 p.m.)
819 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 and related natural resource activities outside the United 

2 States and its territories and possessions, including tech3 nical assistance, education and training, and cooperation 

4 with U.S., private, and international organizations. The 

5 Forest Service, acting for the International Program, may 

6 sign direct funding agreements with foreign governments 

7 and institutions as well as other domestic agencies (includ8 ing the U.S. Agency for International Development, the 

9 Department of State, and the Millennium Challenge Cor10 poration), U.S. private sector firms, institutions and orga11 nizations to provide technical assistance and training pro12 grams overseas on forestry and rangeland management. 

13 Funds appropriated to the Forest Service shall be 

14 available for expenditure or transfer to the Department 

15 of the Interior, Bureau of Land Management, for removal, 

16 preparation, and adoption of excess wild horses and burros 

17 from National Forest System lands, and for the perform18 ance of cadastral surveys to designate the boundaries of 

19 such lands. 

20 None of the funds made available to the Forest Serv21 ice in this Act or any other Act with respect to any fiscal 

22 year shall be subject to transfer under the provisions of 

23 section 702(b) of the Department of Agriculture Organic 

24 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

March 21, 2018 (6:08 p.m.)
820 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

2 Law 107–171 (7 U.S.C. 8316(b)). 

3 None of the funds available to the Forest Service may 

4 be reprogrammed without the advance approval of the 

5 House and Senate Committees on Appropriations in ac6 cordance with the reprogramming procedures contained in 

7 the explanatory statement described in section 4 (in the 

8 matter preceding division A of this consolidated Act). 

9 Not more than $82,000,000 of funds available to the 

10 Forest Service shall be transferred to the Working Capital 

11 Fund of the Department of Agriculture and not more than 

12 $14,500,000 of funds available to the Forest Service shall 

13 be transferred to the Department of Agriculture for De14 partment Reimbursable Programs, commonly referred to 

15 as Greenbook charges. Nothing in this paragraph shall 

16 prohibit or limit the use of reimbursable agreements re17 quested by the Forest Service in order to obtain services 

18 from the Department of Agriculture’s National Informa19 tion Technology Center and the Department of Agri20 culture’s International Technology Service. 

21 Of the funds available to the Forest Service, up to 

22 $5,000,000 shall be available for priority projects within 

23 the scope of the approved budget, which shall be carried 

24 out by the Youth Conservation Corps and shall be carried 

March 21, 2018 (6:08 p.m.)
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1 out under the authority of the Public Lands Corps Act 

2 of 1993 (16 U.S.C. 1721 et seq.). 

3 Of the funds available to the Forest Service, $4,000 

4 is available to the Chief of the Forest Service for official 

5 reception and representation expenses. 

6 Pursuant to sections 405(b) and 410(b) of Public 

7 Law 101–593, of the funds available to the Forest Service, 

8 up to $3,000,000 may be advanced in a lump sum to the 

9 National Forest Foundation to aid conservation partner10 ship projects in support of the Forest Service mission, 

11 without regard to when the Foundation incurs expenses, 

12 for projects on or benefitting National Forest System 

13 lands or related to Forest Service programs: Provided, 

14 That of the Federal funds made available to the Founda15 tion, no more than $300,000 shall be available for admin16 istrative expenses: Provided further, That the Foundation 

17 shall obtain, by the end of the period of Federal financial 

18 assistance, private contributions to match funds made 

19 available by the Forest Service on at least a one-for-one 

20 basis: Provided further, That the Foundation may transfer 

21 Federal funds to a Federal or a non-Federal recipient for 

22 a project at the same rate that the recipient has obtained 

23 the non-Federal matching funds. 

24 Pursuant to section 2(b)(2) of Public Law 98–244, 

25 up to $3,000,000 of the funds available to the Forest 

March 21, 2018 (6:08 p.m.)
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1 Service may be advanced to the National Fish and Wildlife 

2 Foundation in a lump sum to aid cost-share conservation 

3 projects, without regard to when expenses are incurred, 

4 on or benefitting National Forest System lands or related 

5 to Forest Service programs: Provided, That such funds 

6 shall be matched on at least a one-for-one basis by the 

7 Foundation or its sub-recipients: Provided further, That 

8 the Foundation may transfer Federal funds to a Federal 

9 or non-Federal recipient for a project at the same rate 

10 that the recipient has obtained the non-Federal matching 

11 funds. 

12 Funds appropriated to the Forest Service shall be 

13 available for interactions with and providing technical as14 sistance to rural communities and natural resource-based 

15 businesses for sustainable rural development purposes. 

16 Funds appropriated to the Forest Service shall be 

17 available for payments to counties within the Columbia 

18 River Gorge National Scenic Area, pursuant to section 

19 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

20 663. 

21 Any funds appropriated to the Forest Service may 

22 be used to meet the non-Federal share requirement in sec23 tion 502(c) of the Older Americans Act of 1965 (42 

24 U.S.C. 3056(c)(2)). 

March 21, 2018 (6:08 p.m.)
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1 The Forest Service shall not assess funds for the pur2 pose of performing fire, administrative, and other facilities 

3 maintenance and decommissioning. 

4 Notwithstanding any other provision of law, of any 

5 appropriations or funds available to the Forest Service, 

6 not to exceed $500,000 may be used to reimburse the Of7 fice of the General Counsel (OGC), Department of Agri8 culture, for travel and related expenses incurred as a re9 sult of OGC assistance or participation requested by the 

10 Forest Service at meetings, training sessions, management 

11 reviews, land purchase negotiations and similar matters 

12 unrelated to civil litigation. Future budget justifications 

13 for both the Forest Service and the Department of Agri14 culture should clearly display the sums previously trans15 ferred and the sums requested for transfer. 

16 An eligible individual who is employed in any project 

17 funded under title V of the Older Americans Act of 1965 

18 (42 U.S.C. 3056 et seq.) and administered by the Forest 

19 Service shall be considered to be a Federal employee for 

20 purposes of chapter 171 of title 28, United States Code. 

21 Notwithstanding any other provision of this Act, 

22 through the Office of Budget and Program Analysis, the 

23 Forest Service shall report no later than 30 business days 

24 following the close of each fiscal quarter all current and 

25 prior year unobligated balances, by fiscal year, budget line 

March 21, 2018 (6:08 p.m.)
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1 item and account, to the House and Senate Committees 

2 on Appropriations. 

3 The Forest Service shall submit, through the Office 

4 of Budget and Program Analysis, to the Office of Manage5 ment and Budget a proposed system of administrative 

6 control of funds for its accounts, as described in 31 U.S.C. 

7 1514, not later than June 21, 2018. 

8 DEPARTMENT OF HEALTH AND HUMAN 

9 SERVICES 

10 INDIAN HEALTH SERVICE

11 INDIAN HEALTH SERVICES

12 For expenses necessary to carry out the Act of Au13 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina14 tion and Education Assistance Act, the Indian Health 

15 Care Improvement Act, and titles II and III of the Public 

16 Health Service Act with respect to the Indian Health Serv17 ice, $3,952,290,000, together with payments received dur18 ing the fiscal year pursuant to sections 231(b) and 233 

19 of the Public Health Service Act (42 U.S.C. 238(b), 

20 238b), for services furnished by the Indian Health Service: 

21 Provided, That funds made available to tribes and tribal 

22 organizations through contracts, grant agreements, or any 

23 other agreements or compacts authorized by the Indian 

24 Self-Determination and Education Assistance Act of 1975 

25 (25 U.S.C. 450), shall be deemed to be obligated at the 

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1 time of the grant or contract award and thereafter shall 

2 remain available to the tribe or tribal organization without 

3 fiscal year limitation: Provided further, That $2,000,000 

4 shall be available for grants or contracts with public or 

5 private institutions to provide alcohol or drug treatment 

6 services to Indians, including alcohol detoxification serv7 ices: Provided further, That $962,695,000 for Purchased/ 

8 Referred Care, including $53,000,000 for the Indian Cat9 astrophic Health Emergency Fund, shall remain available 

10 until expended: Provided further, That of the funds pro11 vided, up to $36,000,000 shall remain available until ex12 pended for implementation of the loan repayment program 

13 under section 108 of the Indian Health Care Improvement 

14 Act: Provided further, That of the funds provided, 

15 $11,000,000 shall remain available until expended to sup16 plement funds available for operational costs at tribal clin17 ics operated under an Indian Self-Determination and Edu18 cation Assistance Act compact or contract where health 

19 care is delivered in space acquired through a full service 

20 lease, which is not eligible for maintenance and improve21 ment and equipment funds from the Indian Health Serv22 ice, and $58,000,000 shall be for costs related to or result23 ing from accreditation emergencies, of which up to 

24 $4,000,000 may be used to supplement amounts otherwise 

25 available for Purchased/Referred Care: Provided further, 

March 21, 2018 (6:08 p.m.)
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1 That the amounts collected by the Federal Government 

2 as authorized by sections 104 and 108 of the Indian 

3 Health Care Improvement Act (25 U.S.C. 1613a and 

4 1616a) during the preceding fiscal year for breach of con5 tracts shall be deposited to the Fund authorized by section 

6 108A of that Act (25 U.S.C. 1616a–1) and shall remain 

7 available until expended and, notwithstanding section 

8 108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds shall 

9 be available to make new awards under the loan repay10 ment and scholarship programs under sections 104 and 

11 108 of that Act (25 U.S.C. 1613a and 1616a): Provided 

12 further, That the amounts made available within this ac13 count for the Substance Abuse and Suicide Prevention 

14 Program, for the Domestic Violence Prevention Program, 

15 for the Zero Suicide Initiative, for the housing subsidy au16 thority for civilian employees, for aftercare pilot programs 

17 at Youth Regional Treatment Centers, to improve collec18 tions from public and private insurance at Indian Health 

19 Service and tribally operated facilities, and for accredita20 tion emergencies shall be allocated at the discretion of the 

21 Director of the Indian Health Service and shall remain 

22 available until expended: Provided further, That funds pro23 vided in this Act may be used for annual contracts and 

24 grants for which the performance period falls within 2 fis25 cal years, provided the total obligation is recorded in the 

March 21, 2018 (6:08 p.m.)
827 

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1 year the funds are appropriated: Provided further, That 

2 the amounts collected by the Secretary of Health and 

3 Human Services under the authority of title IV of the In4 dian Health Care Improvement Act shall remain available 

5 until expended for the purpose of achieving compliance 

6 with the applicable conditions and requirements of titles 

7 XVIII and XIX of the Social Security Act, except for those 

8 related to the planning, design, or construction of new fa9 cilities: Provided further, That funding contained herein 

10 for scholarship programs under the Indian Health Care 

11 Improvement Act shall remain available until expended: 

12 Provided further, That amounts received by tribes and 

13 tribal organizations under title IV of the Indian Health 

14 Care Improvement Act shall be reported and accounted 

15 for and available to the receiving tribes and tribal organi16 zations until expended: Provided further, That the Bureau 

17 of Indian Affairs may collect from the Indian Health Serv18 ice, and from tribes and tribal organizations operating 

19 health facilities pursuant to Public Law 93–638, such in20 dividually identifiable health information relating to dis21 abled children as may be necessary for the purpose of car22 rying out its functions under the Individuals with Disabil23 ities Education Act (20 U.S.C. 1400 et seq.): Provided 

24 further, That of the funds provided, $72,280,000 is for 

25 the Indian Health Care Improvement Fund and may be 

March 21, 2018 (6:08 p.m.)
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1 used, as needed, to carry out activities typically funded 

2 under the Indian Health Facilities account: Provided fur3 ther, That the accreditation emergency funds may be used, 

4 as needed, to carry out activities typically funded under 

5 the Indian Health Facilities account. 

6 CONTRACT SUPPORT COSTS

7 For payments to tribes and tribal organizations for 

8 contract support costs associated with Indian Self-Deter9 mination and Education Assistance Act agreements with 

10 the Indian Health Service for fiscal year 2018, such sums 

11 as may be necessary: Provided, That notwithstanding any 

12 other provision of law, no amounts made available under 

13 this heading shall be available for transfer to another 

14 budget account. 

15 INDIAN HEALTH FACILITIES

16 For construction, repair, maintenance, improvement, 

17 and equipment of health and related auxiliary facilities, 

18 including quarters for personnel; preparation of plans, 

19 specifications, and drawings; acquisition of sites, purchase 

20 and erection of modular buildings, and purchases of trail21 ers; and for provision of domestic and community sanita22 tion facilities for Indians, as authorized by section 7 of 

23 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

24 Self-Determination Act, and the Indian Health Care Im25 provement Act, and for expenses necessary to carry out 

March 21, 2018 (6:08 p.m.)
829 

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1 such Acts and titles II and III of the Public Health Serv2 ice Act with respect to environmental health and facilities 

3 support activities of the Indian Health Service, 

4 $867,504,000, to remain available until expended: Pro5 vided, That notwithstanding any other provision of law, 

6 funds appropriated for the planning, design, construction, 

7 renovation or expansion of health facilities for the benefit 

8 of an Indian tribe or tribes may be used to purchase land 

9 on which such facilities will be located: Provided further, 

10 That not to exceed $500,000 may be used by the Indian 

11 Health Service to purchase TRANSAM equipment from 

12 the Department of Defense for distribution to the Indian 

13 Health Service and tribal facilities: Provided further, That 

14 none of the funds appropriated to the Indian Health Serv15 ice may be used for sanitation facilities construction for 

16 new homes funded with grants by the housing programs 

17 of the United States Department of Housing and Urban 

18 Development: Provided further, That not to exceed 

19 $2,700,000 from this account and the ‘‘Indian Health 

20 Services’’ account may be used by the Indian Health Serv21 ice to obtain ambulances for the Indian Health Service 

22 and tribal facilities in conjunction with an existing inter23 agency agreement between the Indian Health Service and 

24 the General Services Administration: Provided further, 

25 That not to exceed $500,000 may be placed in a DemoliMarch 21, 2018 (6:08 p.m.)
830 

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1 tion Fund, to remain available until expended, and be used 

2 by the Indian Health Service for the demolition of Federal 

3 buildings. 

4 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

5 Appropriations provided in this Act to the Indian 

6 Health Service shall be available for services as authorized 

7 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

8 equivalent to the maximum rate payable for senior-level 

9 positions under 5 U.S.C. 5376; hire of passenger motor 

10 vehicles and aircraft; purchase of medical equipment; pur11 chase of reprints; purchase, renovation and erection of 

12 modular buildings and renovation of existing facilities; 

13 payments for telephone service in private residences in the 

14 field, when authorized under regulations approved by the 

15 Secretary of Health and Human Services; uniforms or al16 lowances therefor as authorized by 5 U.S.C. 5901–5902; 

17 and for expenses of attendance at meetings that relate to 

18 the functions or activities of the Indian Health Service: 

19 Provided, That in accordance with the provisions of the 

20 Indian Health Care Improvement Act, non-Indian patients 

21 may be extended health care at all tribally administered 

22 or Indian Health Service facilities, subject to charges, and 

23 the proceeds along with funds recovered under the Federal 

24 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

25 be credited to the account of the facility providing the 

March 21, 2018 (6:08 p.m.)
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1 service and shall be available without fiscal year limitation: 

2 Provided further, That notwithstanding any other law or 

3 regulation, funds transferred from the Department of 

4 Housing and Urban Development to the Indian Health 

5 Service shall be administered under Public Law 86–121, 

6 the Indian Sanitation Facilities Act and Public Law 93– 

7 638: Provided further, That funds appropriated to the In8 dian Health Service in this Act, except those used for ad9 ministrative and program direction purposes, shall not be 

10 subject to limitations directed at curtailing Federal travel 

11 and transportation: Provided further, That none of the 

12 funds made available to the Indian Health Service in this 

13 Act shall be used for any assessments or charges by the 

14 Department of Health and Human Services unless identi15 fied in the budget justification and provided in this Act, 

16 or approved by the House and Senate Committees on Ap17 propriations through the reprogramming process: Pro18 vided further, That notwithstanding any other provision 

19 of law, funds previously or herein made available to a tribe 

20 or tribal organization through a contract, grant, or agree21 ment authorized by title I or title V of the Indian Self22 Determination and Education Assistance Act of 1975 (25 

23 U.S.C. 5321 et seq. (title I), 5381 et seq. (title V)), may 

24 be deobligated and reobligated to a self-determination con25 tract under title I, or a self-governance agreement under 

March 21, 2018 (6:08 p.m.)
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1 title V of such Act and thereafter shall remain available 

2 to the tribe or tribal organization without fiscal year limi3 tation: Provided further, That none of the funds made 

4 available to the Indian Health Service in this Act shall 

5 be used to implement the final rule published in the Fed6 eral Register on September 16, 1987, by the Department 

7 of Health and Human Services, relating to the eligibility 

8 for the health care services of the Indian Health Service 

9 until the Indian Health Service has submitted a budget 

10 request reflecting the increased costs associated with the 

11 proposed final rule, and such request has been included 

12 in an appropriations Act and enacted into law: Provided 

13 further, That with respect to functions transferred by the 

14 Indian Health Service to tribes or tribal organizations, the 

15 Indian Health Service is authorized to provide goods and 

16 services to those entities on a reimbursable basis, includ17 ing payments in advance with subsequent adjustment, and 

18 the reimbursements received therefrom, along with the 

19 funds received from those entities pursuant to the Indian 

20 Self-Determination Act, may be credited to the same or 

21 subsequent appropriation account from which the funds 

22 were originally derived, with such amounts to remain 

23 available until expended: Provided further, That reim24 bursements for training, technical assistance, or services 

25 provided by the Indian Health Service will contain total 

March 21, 2018 (6:08 p.m.)
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1 costs, including direct, administrative, and overhead costs 

2 associated with the provision of goods, services, or tech3 nical assistance: Provided further, That the Indian Health 

4 Service may provide to civilian medical personnel serving 

5 in hospitals operated by the Indian Health Service housing 

6 allowances equivalent to those that would be provided to 

7 members of the Commissioned Corps of the United States 

8 Public Health Service serving in similar positions at such 

9 hospitals: Provided further, That the appropriation struc10 ture for the Indian Health Service may not be altered 

11 without advance notification to the House and Senate 

12 Committees on Appropriations. 

13 NATIONAL INSTITUTES OF HEALTH

14 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

15 SCIENCES

16 For necessary expenses for the National Institute of 

17 Environmental Health Sciences in carrying out activities 

18 set forth in section 311(a) of the Comprehensive Environ19 mental Response, Compensation, and Liability Act of 

20 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 

21 Superfund Amendments and Reauthorization Act of 1986, 

22 $77,349,000. 

March 21, 2018 (6:08 p.m.)
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1 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

2 REGISTRY

3 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

4 HEALTH

5 For necessary expenses for the Agency for Toxic Sub6 stances and Disease Registry (ATSDR) in carrying out 

7 activities set forth in sections 104(i) and 111(c)(4) of the 

8 Comprehensive Environmental Response, Compensation, 

9 and Liability Act of 1980 (CERCLA) and section 3019 

10 of the Solid Waste Disposal Act, $74,691,000: Provided, 

11 That notwithstanding any other provision of law, in lieu 

12 of performing a health assessment under section 104(i)(6) 

13 of CERCLA, the Administrator of ATSDR may conduct 

14 other appropriate health studies, evaluations, or activities, 

15 including, without limitation, biomedical testing, clinical 

16 evaluations, medical monitoring, and referral to accredited 

17 healthcare providers: Provided further, That in performing 

18 any such health assessment or health study, evaluation, 

19 or activity, the Administrator of ATSDR shall not be 

20 bound by the deadlines in section 104(i)(6)(A) of 

21 CERCLA: Provided further, That none of the funds appro22 priated under this heading shall be available for ATSDR 

23 to issue in excess of 40 toxicological profiles pursuant to 

24 section 104(i) of CERCLA during fiscal year 2018, and 

25 existing profiles may be updated as necessary. 

March 21, 2018 (6:08 p.m.)
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1 OTHER RELATED AGENCIES 

2 EXECUTIVE OFFICE OF THE PRESIDENT

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 For necessary expenses to continue functions as6 signed to the Council on Environmental Quality and Office 

7 of Environmental Quality pursuant to the National Envi8 ronmental Policy Act of 1969, the Environmental Quality 

9 Improvement Act of 1970, and Reorganization Plan No. 

10 1 of 1977, and not to exceed $750 for official reception 

11 and representation expenses, $3,000,000: Provided, That 

12 notwithstanding section 202 of the National Environ13 mental Policy Act of 1970, the Council shall consist of 

14 one member, appointed by the President, by and with the 

15 advice and consent of the Senate, serving as chairman and 

16 exercising all powers, functions, and duties of the Council. 

17 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses in carrying out activities pur20 suant to section 112(r)(6) of the Clean Air Act, including 

21 hire of passenger vehicles, uniforms or allowances there22 for, as authorized by 5 U.S.C. 5901–5902, and for serv23 ices authorized by 5 U.S.C. 3109 but at rates for individ24 uals not to exceed the per diem equivalent to the maximum 

25 rate payable for senior level positions under 5 U.S.C. 

March 21, 2018 (6:08 p.m.)
836 

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1 5376, $11,000,000: Provided, That the Chemical Safety 

2 and Hazard Investigation Board (Board) shall have not 

3 more than three career Senior Executive Service positions: 

4 Provided further, That notwithstanding any other provi5 sion of law, the individual appointed to the position of In6 spector General of the Environmental Protection Agency 

7 (EPA) shall, by virtue of such appointment, also hold the 

8 position of Inspector General of the Board: Provided fur9 ther, That notwithstanding any other provision of law, the 

10 Inspector General of the Board shall utilize personnel of 

11 the Office of Inspector General of EPA in performing the 

12 duties of the Inspector General of the Board, and shall 

13 not appoint any individuals to positions within the Board. 

14 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of Navajo and 

17 Hopi Indian Relocation as authorized by Public Law 93– 

18 531, $15,431,000, to remain available until expended: 

19 Provided, That funds provided in this or any other appro20 priations Act are to be used to relocate eligible individuals 

21 and groups including evictees from District 6, Hopi-parti22 tioned lands residents, those in significantly substandard 

23 housing, and all others certified as eligible and not in24 cluded in the preceding categories: Provided further, That 

25 none of the funds contained in this or any other Act may 

March 21, 2018 (6:08 p.m.)
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1 be used by the Office of Navajo and Hopi Indian Reloca2 tion to evict any single Navajo or Navajo family who, as 

3 of November 30, 1985, was physically domiciled on the 

4 lands partitioned to the Hopi Tribe unless a new or re5 placement home is provided for such household: Provided 

6 further, That no relocatee will be provided with more than 

7 one new or replacement home: Provided further, That the 

8 Office shall relocate any certified eligible relocatees who 

9 have selected and received an approved homesite on the 

10 Navajo reservation or selected a replacement residence off 

11 the Navajo reservation or on the land acquired pursuant 

12 to section 11 of Public Law 93–531 (88 Stat. 1716). 

13 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

14 CULTURE AND ARTS DEVELOPMENT

15 PAYMENT TO THE INSTITUTE

16 For payment to the Institute of American Indian and 

17 Alaska Native Culture and Arts Development, as author18 ized by part A of title XV of Public Law 99–498 (20 

19 U.S.C. 4411 et seq.), $9,835,000, which shall become 

20 available on July 1, 2018, and shall remain available until 

21 September 30, 2019. 

22 SMITHSONIAN INSTITUTION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Smithsonian Institu25 tion, as authorized by law, including research in the fields 

March 21, 2018 (6:08 p.m.)
838 

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1 of art, science, and history; development, preservation, and 

2 documentation of the National Collections; presentation of 

3 public exhibits and performances; collection, preparation, 

4 dissemination, and exchange of information and publica5 tions; conduct of education, training, and museum assist6 ance programs; maintenance, alteration, operation, lease 

7 agreements of no more than 30 years, and protection of 

8 buildings, facilities, and approaches; not to exceed 

9 $100,000 for services as authorized by 5 U.S.C. 3109; and 

10 purchase, rental, repair, and cleaning of uniforms for em11 ployees, $731,444,000, to remain available until Sep12 tember 30, 2019, except as otherwise provided herein; of 

13 which not to exceed $6,908,000 for the instrumentation 

14 program, collections acquisition, exhibition reinstallation, 

15 and the repatriation of skeletal remains program shall re16 main available until expended; and including such funds 

17 as may be necessary to support American overseas re18 search centers: Provided, That funds appropriated herein 

19 are available for advance payments to independent con20 tractors performing research services or participating in 

21 official Smithsonian presentations. 

22 FACILITIES CAPITAL

23 For necessary expenses of repair, revitalization, and 

24 alteration of facilities owned or occupied by the Smithso25 nian Institution, by contract or otherwise, as authorized 

March 21, 2018 (6:08 p.m.)
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1 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

2 and for construction, including necessary personnel, 

3 $311,903,000, to remain available until expended, of 

4 which not to exceed $10,000 shall be for services as au5 thorized by 5 U.S.C. 3109. 

6 NATIONAL GALLERY OF ART

7 SALARIES AND EXPENSES

8 For the upkeep and operations of the National Gal9 lery of Art, the protection and care of the works of art 

10 therein, and administrative expenses incident thereto, as 

11 authorized by the Act of March 24, 1937 (50 Stat. 51), 

12 as amended by the public resolution of April 13, 1939 

13 (Public Resolution 9, Seventy-sixth Congress), including 

14 services as authorized by 5 U.S.C. 3109; payment in ad15 vance when authorized by the treasurer of the Gallery for 

16 membership in library, museum, and art associations or 

17 societies whose publications or services are available to 

18 members only, or to members at a price lower than to the 

19 general public; purchase, repair, and cleaning of uniforms 

20 for guards, and uniforms, or allowances therefor, for other 

21 employees as authorized by law (5 U.S.C. 5901–5902); 

22 purchase or rental of devices and services for protecting 

23 buildings and contents thereof, and maintenance, alter24 ation, improvement, and repair of buildings, approaches, 

25 and grounds; and purchase of services for restoration and 

March 21, 2018 (6:08 p.m.)
840 

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1 repair of works of art for the National Gallery of Art by 

2 contracts made, without advertising, with individuals, 

3 firms, or organizations at such rates or prices and under 

4 such terms and conditions as the Gallery may deem prop5 er, $141,790,000, to remain available until September 30, 

6 2019, of which not to exceed $3,620,000 for the special 

7 exhibition program shall remain available until expended. 

8 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

9 For necessary expenses of repair, restoration and 

10 renovation of buildings, grounds and facilities owned or 

11 occupied by the National Gallery of Art, by contract or 

12 otherwise, for operating lease agreements of no more than 

13 10 years, with no extensions or renewals beyond the 10 

14 years, that address space needs created by the ongoing 

15 renovations in the Master Facilities Plan, as authorized, 

16 $24,203,000, to remain available until expended: Pro17 vided, That contracts awarded for environmental systems, 

18 protection systems, and exterior repair or renovation of 

19 buildings of the National Gallery of Art may be negotiated 

20 with selected contractors and awarded on the basis of con21 tractor qualifications as well as price. 

March 21, 2018 (6:08 p.m.)
841 

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1 JOHN F. KENNEDY CENTER FOR THE PERFORMING

2 ARTS

3 OPERATIONS AND MAINTENANCE

4 For necessary expenses for the operation, mainte5 nance and security of the John F. Kennedy Center for 

6 the Performing Arts, $23,740,000. 

7 CAPITAL REPAIR AND RESTORATION

8 For necessary expenses for capital repair and restora9 tion of the existing features of the building and site of 

10 the John F. Kennedy Center for the Performing Arts, 

11 $16,775,000, to remain available until expended. 

12 WOODROW WILSON INTERNATIONAL CENTER FOR

13 SCHOLARS

14 SALARIES AND EXPENSES

15 For expenses necessary in carrying out the provisions 

16 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

17 1356) including hire of passenger vehicles and services as 

18 authorized by 5 U.S.C. 3109, $12,000,000, to remain 

19 available until September 30, 2019. 

20 NATIONAL FOUNDATION ON THE ARTS AND THE

21 HUMANITIES

22 NATIONAL ENDOWMENT FOR THE ARTS

23 GRANTS AND ADMINISTRATION

24 For necessary expenses to carry out the National 

25 Foundation on the Arts and the Humanities Act of 1965, 

March 21, 2018 (6:08 p.m.)
842 

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1 $152,849,000 shall be available to the National Endow2 ment for the Arts for the support of projects and produc3 tions in the arts, including arts education and public out4 reach activities, through assistance to organizations and 

5 individuals pursuant to section 5 of the Act, for program 

6 support, and for administering the functions of the Act, 

7 to remain available until expended. 

8 NATIONAL ENDOWMENT FOR THE HUMANITIES

9 GRANTS AND ADMINISTRATION

10 For necessary expenses to carry out the National 

11 Foundation on the Arts and the Humanities Act of 1965, 

12 $152,848,000 to remain available until expended, of which 

13 $141,548,000 shall be available for support of activities 

14 in the humanities, pursuant to section 7(c) of the Act and 

15 for administering the functions of the Act; and 

16 $11,300,000 shall be available to carry out the matching 

17 grants program pursuant to section 10(a)(2) of the Act, 

18 including $9,100,000 for the purposes of section 7(h): 

19 Provided, That appropriations for carrying out section 

20 10(a)(2) shall be available for obligation only in such 

21 amounts as may be equal to the total amounts of gifts, 

22 bequests, devises of money, and other property accepted 

23 by the chairman or by grantees of the National Endow24 ment for the Humanities under the provisions of sections 

25 11(a)(2)(B) and 11(a)(3)(B) during the current and preMarch 21, 2018 (6:08 p.m.)
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1 ceding fiscal years for which equal amounts have not pre2 viously been appropriated. 

3 ADMINISTRATIVE PROVISIONS

4 None of the funds appropriated to the National 

5 Foundation on the Arts and the Humanities may be used 

6 to process any grant or contract documents which do not 

7 include the text of 18 U.S.C. 1913: Provided, That none 

8 of the funds appropriated to the National Foundation on 

9 the Arts and the Humanities may be used for official re10 ception and representation expenses: Provided further, 

11 That funds from nonappropriated sources may be used as 

12 necessary for official reception and representation ex13 penses: Provided further, That the Chairperson of the Na14 tional Endowment for the Arts may approve grants of up 

15 to $10,000, if in the aggregate the amount of such grants 

16 does not exceed 5 percent of the sums appropriated for 

17 grantmaking purposes per year: Provided further, That 

18 such small grant actions are taken pursuant to the terms 

19 of an expressed and direct delegation of authority from 

20 the National Council on the Arts to the Chairperson. 

21 COMMISSION OF FINE ARTS

22 SALARIES AND EXPENSES

23 For expenses of the Commission of Fine Arts under 

24 chapter 91 of title 40, United States Code, $2,762,000: 

25 Provided, That the Commission is authorized to charge 

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1 fees to cover the full costs of its publications, and such 

2 fees shall be credited to this account as an offsetting col3 lection, to remain available until expended without further 

4 appropriation: Provided further, That the Commission is 

5 authorized to accept gifts, including objects, papers, art6 work, drawings and artifacts, that pertain to the history 

7 and design of the Nation’s Capital or the history and ac8 tivities of the Commission of Fine Arts, for the purpose 

9 of artistic display, study, or education: Provided further, 

10 That one-tenth of one percent of the funds provided under 

11 this heading may be used for official reception and rep12 resentation expenses. 

13 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

14 For necessary expenses as authorized by Public Law 

15 99–190 (20 U.S.C. 956a), $2,750,000. 

16 ADVISORY COUNCIL ON HISTORIC PRESERVATION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Advisory Council on 

19 Historic Preservation (Public Law 89–665), $6,400,000. 

20 NATIONAL CAPITAL PLANNING COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the National Capital Plan23 ning Commission under chapter 87 of title 40, United 

24 States Code, including services as authorized by 5 U.S.C. 

25 3109, $8,099,000: Provided, That one-quarter of 1 perMarch 21, 2018 (6:08 p.m.)
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1 cent of the funds provided under this heading may be used 

2 for official reception and representational expenses associ3 ated with hosting international visitors engaged in the 

4 planning and physical development of world capitals. 

5 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

6 HOLOCAUST MEMORIAL MUSEUM

7 For expenses of the Holocaust Memorial Museum, as 

8 authorized by Public Law 106–292 (36 U.S.C. 2301– 

9 2310), $59,000,000, of which $1,715,000 shall remain 

10 available until September 30, 2020, for the Museum’s 

11 equipment replacement program; and of which $4,000,000 

12 for the Museum’s repair and rehabilitation program and 

13 $1,264,000 for the Museum’s outreach initiatives program 

14 shall remain available until expended. 

15 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Dwight D. Eisenhower 

18 Memorial Commission, $1,800,000, to remain available 

19 until expended. 

20 CAPITAL CONSTRUCTION

21 For necessary expenses of the Dwight D. Eisenhower 

22 Memorial Commission for design and construction of a 

23 memorial in honor of Dwight D. Eisenhower, as author24 ized by Public Law 106–79, $45,000,000, to remain avail25 able until expended: Provided, That the contract with reMarch 21, 2018 (6:08 p.m.)
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1 spect to the procurement shall contain the ‘‘availability of 

2 funds’’ clause described in section 52.232.18 of title 48, 

3 Code of Federal Regulations: Provided further, That the 

4 funds appropriated herein shall be deemed to satisfy the 

5 criteria for issuing a permit contained in 40 U.S.C. 

6 8906(a)(4) and (b). 

7 WOMEN’S SUFFRAGE CENTENNIAL COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses for the Women’s Suffrage 

10 Centennial Commission, as authorized by the Women’s 

11 Suffrage Centennial Commission Act (section 431(a)(3) of 

12 division G of Public Law 115–31), $1,000,000, to remain 

13 available until expended. 

14 WORLD WAR I CENTENNIAL COMMISSION

15 SALARIES AND EXPENSES

16 Notwithstanding section 9 of the World War I Cen17 tennial Commission Act, as authorized by the World War 

18 I Centennial Commission Act (Public Law 112–272) and 

19 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

20 Defense Authorization Act for Fiscal Year 2015 (Public 

21 Law 113–291), for necessary expenses of the World War 

22 I Centennial Commission, $7,000,000, to remain available 

23 until expended: Provided, That in addition to the authority 

24 provided by section 6(g) of such Act, the World War I 

25 Commission may accept money, in-kind personnel services, 

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1 contractual support, or any appropriate support from any 

2 executive branch agency for activities of the Commission. 

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1 TITLE IV 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFERS OF FUNDS)

4 RESTRICTION ON USE OF FUNDS

5 SEC. 401. No part of any appropriation contained in 

6 this Act shall be available for any activity or the publica7 tion or distribution of literature that in any way tends to 

8 promote public support or opposition to any legislative 

9 proposal on which Congressional action is not complete 

10 other than to communicate to Members of Congress as 

11 described in 18 U.S.C. 1913. 

12 OBLIGATION OF APPROPRIATIONS

13 SEC. 402. No part of any appropriation contained in 

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 DISCLOSURE OF ADMINISTRATIVE EXPENSES

17 SEC. 403. The amount and basis of estimated over18 head charges, deductions, reserves or holdbacks, including 

19 working capital fund and cost pool charges, from pro20 grams, projects, activities and subactivities to support gov21 ernment-wide, departmental, agency, or bureau adminis22 trative functions or headquarters, regional, or central op23 erations shall be presented in annual budget justifications 

24 and subject to approval by the Committees on Appropria25 tions of the House of Representatives and the Senate. 

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1 Changes to such estimates shall be presented to the Com2 mittees on Appropriations for approval. 

3 MINING APPLICATIONS

4 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

5 funds appropriated or otherwise made available pursuant 

6 to this Act shall be obligated or expended to accept or 

7 process applications for a patent for any mining or mill 

8 site claim located under the general mining laws. 

9 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

10 the Secretary of the Interior determines that, for the claim 

11 concerned (1) a patent application was filed with the Sec12 retary on or before September 30, 1994; and (2) all re13 quirements established under sections 2325 and 2326 of 

14 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

15 lode claims, sections 2329, 2330, 2331, and 2333 of the 

16 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

17 claims, and section 2337 of the Revised Statutes (30 

18 U.S.C. 42) for mill site claims, as the case may be, were 

19 fully complied with by the applicant by that date. 

20 (c) REPORT.—On September 30, 2019, the Secretary 

21 of the Interior shall file with the House and Senate Com22 mittees on Appropriations and the Committee on Natural 

23 Resources of the House and the Committee on Energy and 

24 Natural Resources of the Senate a report on actions taken 

25 by the Department under the plan submitted pursuant to 

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1 section 314(c) of the Department of the Interior and Re2 lated Agencies Appropriations Act, 1997 (Public Law 

3 104–208). 

4 (d) MINERAL EXAMINATIONS.—In order to process 

5 patent applications in a timely and responsible manner, 

6 upon the request of a patent applicant, the Secretary of 

7 the Interior shall allow the applicant to fund a qualified 

8 third-party contractor to be selected by the Director of the 

9 Bureau of Land Management to conduct a mineral exam10 ination of the mining claims or mill sites contained in a 

11 patent application as set forth in subsection (b). The Bu12 reau of Land Management shall have the sole responsi13 bility to choose and pay the third-party contractor in ac14 cordance with the standard procedures employed by the 

15 Bureau of Land Management in the retention of third16 party contractors. 

17 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

18 SEC. 405. Sections 405 and 406 of division F of the 

19 Consolidated and Further Continuing Appropriations Act, 

20 2015 (Public Law 113–235) shall continue in effect in fis21 cal year 2018. 

22 CONTRACT SUPPORT COSTS, FISCAL YEAR 2018

23 LIMITATION

24 SEC. 406. Amounts provided by this Act for fiscal 

25 year 2018 under the headings ‘‘Department of Health and 

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1 Human Services, Indian Health Service, Contract Support 

2 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 

3 Affairs and Bureau of Indian Education, Contract Sup4 port Costs’’ are the only amounts available for contract 

5 support costs arising out of self-determination or self-gov6 ernance contracts, grants, compacts, or annual funding 

7 agreements for fiscal year 2018 with the Bureau of Indian 

8 Affairs or the Indian Health Service: Provided, That such 

9 amounts provided by this Act are not available for pay10 ment of claims for contract support costs for prior years, 

11 or for repayments of payments for settlements or judg12 ments awarding contract support costs for prior years. 

13 FOREST MANAGEMENT PLANS

14 SEC. 407. The Secretary of Agriculture shall not be 

15 considered to be in violation of section 6(f)(5)(A) of the 

16 Forest and Rangeland Renewable Resources Planning Act 

17 of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more 

18 than 15 years have passed without revision of the plan 

19 for a unit of the National Forest System. Nothing in this 

20 section exempts the Secretary from any other requirement 

21 of the Forest and Rangeland Renewable Resources Plan22 ning Act (16 U.S.C. 1600 et seq.) or any other law: Pro23 vided, That if the Secretary is not acting expeditiously and 

24 in good faith, within the funding available, to revise a plan 

25 for a unit of the National Forest System, this section shall 

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1 be void with respect to such plan and a court of proper 

2 jurisdiction may order completion of the plan on an accel3 erated basis. 

4 PROHIBITION WITHIN NATIONAL MONUMENTS

5 SEC. 408. No funds provided in this Act may be ex6 pended to conduct preleasing, leasing and related activities 

7 under either the Mineral Leasing Act (30 U.S.C. 181 et 

8 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

9 1331 et seq.) within the boundaries of a National Monu10 ment established pursuant to the Act of June 8, 1906 (16 

11 U.S.C. 431 et seq.) as such boundary existed on January 

12 20, 2001, except where such activities are allowed under 

13 the Presidential proclamation establishing such monu14 ment. 

15 LIMITATION ON TAKINGS

16 SEC. 409. Unless otherwise provided herein, no funds 

17 appropriated in this Act for the acquisition of lands or 

18 interests in lands may be expended for the filing of dec19 larations of taking or complaints in condemnation without 

20 the approval of the House and Senate Committees on Ap21 propriations: Provided, That this provision shall not apply 

22 to funds appropriated to implement the Everglades Na23 tional Park Protection and Expansion Act of 1989, or to 

24 funds appropriated for Federal assistance to the State of 

March 21, 2018 (6:08 p.m.)
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1 Florida to acquire lands for Everglades restoration pur2 poses. 

3 TIMBER SALE REQUIREMENTS

4 SEC. 410. No timber sale in Alaska’s Region 10 shall 

5 be advertised if the indicated rate is deficit (defined as 

6 the value of the timber is not sufficient to cover all logging 

7 and stumpage costs and provide a normal profit and risk 

8 allowance under the Forest Service’s appraisal process) 

9 when appraised using a residual value appraisal. The west10 ern red cedar timber from those sales which is surplus 

11 to the needs of the domestic processors in Alaska, shall 

12 be made available to domestic processors in the contiguous 

13 48 United States at prevailing domestic prices. All addi14 tional western red cedar volume not sold to Alaska or con15 tiguous 48 United States domestic processors may be ex16 ported to foreign markets at the election of the timber sale 

17 holder. All Alaska yellow cedar may be sold at prevailing 

18 export prices at the election of the timber sale holder. 

19 PROHIBITION ON NO-BID CONTRACTS

20 SEC. 411. None of the funds appropriated or other21 wise made available by this Act to executive branch agen22 cies may be used to enter into any Federal contract unless 

23 such contract is entered into in accordance with the re24 quirements of Chapter 33 of title 41, United States Code, 

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1 or Chapter 137 of title 10, United States Code, and the 

2 Federal Acquisition Regulation, unless— 

3 (1) Federal law specifically authorizes a con4 tract to be entered into without regard for these re5 quirements, including formula grants for States, or 

6 federally recognized Indian tribes; or 

7 (2) such contract is authorized by the Indian 

8 Self-Determination and Education Assistance Act 

9 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by 

10 any other Federal laws that specifically authorize a 

11 contract within an Indian tribe as defined in section 

12 4(e) of that Act (25 U.S.C. 450b(e)); or 

13 (3) such contract was awarded prior to the date 

14 of enactment of this Act. 

15 POSTING OF REPORTS

16 SEC. 412. (a) Any agency receiving funds made avail17 able in this Act, shall, subject to subsections (b) and (c), 

18 post on the public website of that agency any report re19 quired to be submitted by the Congress in this or any 

20 other Act, upon the determination by the head of the agen21 cy that it shall serve the national interest. 

22 (b) Subsection (a) shall not apply to a report if— 

23 (1) the public posting of the report com24 promises national security; or 

25 (2) the report contains proprietary information. 

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1 (c) The head of the agency posting such report shall 

2 do so only after such report has been made available to 

3 the requesting Committee or Committees of Congress for 

4 no less than 45 days. 

5 NATIONAL ENDOWMENT FOR THE ARTS GRANT

6 GUIDELINES

7 SEC. 413. Of the funds provided to the National En8 dowment for the Arts— 

9 (1) The Chairperson shall only award a grant 

10 to an individual if such grant is awarded to such in11 dividual for a literature fellowship, National Herit12 age Fellowship, or American Jazz Masters Fellow13 ship. 

14 (2) The Chairperson shall establish procedures 

15 to ensure that no funding provided through a grant, 

16 except a grant made to a State or local arts agency, 

17 or regional group, may be used to make a grant to 

18 any other organization or individual to conduct ac19 tivity independent of the direct grant recipient. 

20 Nothing in this subsection shall prohibit payments 

21 made in exchange for goods and services. 

22 (3) No grant shall be used for seasonal support 

23 to a group, unless the application is specific to the 

24 contents of the season, including identified programs 

25 or projects. 

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1 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

2 PRIORITIES

3 SEC. 414. (a) In providing services or awarding fi4 nancial assistance under the National Foundation on the 

5 Arts and the Humanities Act of 1965 from funds appro6 priated under this Act, the Chairperson of the National 

7 Endowment for the Arts shall ensure that priority is given 

8 to providing services or awarding financial assistance for 

9 projects, productions, workshops, or programs that serve 

10 underserved populations. 

11 (b) In this section: 

12 (1) The term ‘‘underserved population’’ means 

13 a population of individuals, including urban minori14 ties, who have historically been outside the purview 

15 of arts and humanities programs due to factors such 

16 as a high incidence of income below the poverty line 

17 or to geographic isolation. 

18 (2) The term ‘‘poverty line’’ means the poverty 

19 line (as defined by the Office of Management and 

20 Budget, and revised annually in accordance with sec21 tion 673(2) of the Community Services Block Grant 

22 Act (42 U.S.C. 9902(2))) applicable to a family of 

23 the size involved. 

24 (c) In providing services and awarding financial as25 sistance under the National Foundation on the Arts and 

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1 Humanities Act of 1965 with funds appropriated by this 

2 Act, the Chairperson of the National Endowment for the 

3 Arts shall ensure that priority is given to providing serv4 ices or awarding financial assistance for projects, produc5 tions, workshops, or programs that will encourage public 

6 knowledge, education, understanding, and appreciation of 

7 the arts. 

8 (d) With funds appropriated by this Act to carry out 

9 section 5 of the National Foundation on the Arts and Hu10 manities Act of 1965— 

11 (1) the Chairperson shall establish a grant cat12 egory for projects, productions, workshops, or pro13 grams that are of national impact or availability or 

14 are able to tour several States; 

15 (2) the Chairperson shall not make grants ex16 ceeding 15 percent, in the aggregate, of such funds 

17 to any single State, excluding grants made under the 

18 authority of paragraph (1); 

19 (3) the Chairperson shall report to the Con20 gress annually and by State, on grants awarded by 

21 the Chairperson in each grant category under sec22 tion 5 of such Act; and 

23 (4) the Chairperson shall encourage the use of 

24 grants to improve and support community-based 

25 music performance and education. 

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1 STATUS OF BALANCES OF APPROPRIATIONS

2 SEC. 415. The Department of the Interior, the Envi3 ronmental Protection Agency, the Forest Service, and the 

4 Indian Health Service shall provide the Committees on 

5 Appropriations of the House of Representatives and Sen6 ate quarterly reports on the status of balances of appro7 priations including all uncommitted, committed, and unob8 ligated funds in each program and activity. 

9 PROHIBITION ON USE OF FUNDS

10 SEC. 416. Notwithstanding any other provision of 

11 law, none of the funds made available in this Act or any 

12 other Act may be used to promulgate or implement any 

13 regulation requiring the issuance of permits under title V 

14 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 

15 dioxide, nitrous oxide, water vapor, or methane emissions 

16 resulting from biological processes associated with live17 stock production. 

18 GREENHOUSE GAS REPORTING RESTRICTIONS

19 SEC. 417. Notwithstanding any other provision of 

20 law, none of the funds made available in this or any other 

21 Act may be used to implement any provision in a rule, 

22 if that provision requires mandatory reporting of green23 house gas emissions from manure management systems. 

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1 FUNDING PROHIBITION

2 SEC. 418. None of the funds made available by this 

3 or any other Act may be used to regulate the lead content 

4 of ammunition, ammunition components, or fishing tackle 

5 under the Toxic Substances Control Act (15 U.S.C. 2601 

6 et seq.) or any other law. 

7 CONTRACTING AUTHORITIES

8 SEC. 419. Section 412 of Division E of Public Law 

9 112–74 is amended by striking ‘‘fiscal year 2017’’ and in10 serting ‘‘fiscal year 2019’’. 

11 CHESAPEAKE BAY INITIATIVE

12 SEC. 420. Section 502(c) of the Chesapeake Bay Ini13 tiative Act of 1998 (Public Law 105–312; 16 U.S.C. 461 

14 note) is amended by striking ‘‘2017’’ and inserting 

15 ‘‘2019’’. 

16 EXTENSION OF GRAZING PERMITS

17 SEC. 421. The terms and conditions of section 325 

18 of Public Law 108–108 (117 Stat. 1307), regarding graz19 ing permits issued by the Forest Service on any lands not 

20 subject to administration under section 402 of the Federal 

21 Lands Policy and Management Act (43 U.S.C. 1752), 

22 shall remain in effect for fiscal year 2018. 

23 FUNDING PROHIBITION

24 SEC. 422. (a) None of the funds made available in 

25 this Act may be used to maintain or establish a computer 

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1 network unless such network is designed to block access 

2 to pornography websites. 

3 (b) Nothing in subsection (a) shall limit the use of 

4 funds necessary for any Federal, State, tribal, or local law 

5 enforcement agency or any other entity carrying out crimi6 nal investigations, prosecution, or adjudication activities. 

7 FOREST SERVICE FACILITY REALIGNMENT AND

8 ENHANCEMENT ACT

9 SEC. 423. Section 503(f) of the Forest Service Facil10 ity Realignment and Enhancement Act of 2005 (16 U.S.C. 

11 580d note; Public Law 109–54) is amended by striking 

12 ‘‘2016’’ and inserting ‘‘2018’’. 

13 USE OF AMERICAN IRON AND STEEL

14 SEC. 424. (a)(1) None of the funds made available 

15 by a State water pollution control revolving fund as au16 thorized by section 1452 of the Safe Drinking Water Act 

17 (42 U.S.C. 300j–12) shall be used for a project for the 

18 construction, alteration, maintenance, or repair of a public 

19 water system or treatment works unless all of the iron and 

20 steel products used in the project are produced in the 

21 United States. 

22 (2) In this section, the term ‘‘iron and steel’’ products 

23 means the following products made primarily of iron or 

24 steel: lined or unlined pipes and fittings, manhole covers 

25 and other municipal castings, hydrants, tanks, flanges, 

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1 pipe clamps and restraints, valves, structural steel, rein2 forced precast concrete, and construction materials. 

3 (b) Subsection (a) shall not apply in any case or cat4 egory of cases in which the Administrator of the Environ5 mental Protection Agency (in this section referred to as 

6 the ‘‘Administrator’’) finds that— 

7 (1) applying subsection (a) would be incon8 sistent with the public interest; 

9 (2) iron and steel products are not produced in 

10 the United States in sufficient and reasonably avail11 able quantities and of a satisfactory quality; or 

12 (3) inclusion of iron and steel products pro13 duced in the United States will increase the cost of 

14 the overall project by more than 25 percent. 

15 (c) If the Administrator receives a request for a waiv16 er under this section, the Administrator shall make avail17 able to the public on an informal basis a copy of the re18 quest and information available to the Administrator con19 cerning the request, and shall allow for informal public 

20 input on the request for at least 15 days prior to making 

21 a finding based on the request. The Administrator shall 

22 make the request and accompanying information available 

23 by electronic means, including on the official public Inter24 net Web site of the Environmental Protection Agency. 

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1 (d) This section shall be applied in a manner con2 sistent with United States obligations under international 

3 agreements. 

4 (e) The Administrator may retain up to 0.25 percent 

5 of the funds appropriated in this Act for the Clean and 

6 Drinking Water State Revolving Funds for carrying out 

7 the provisions described in subsection (a)(1) for manage8 ment and oversight of the requirements of this section. 

9 MIDWAY ISLAND

10 SEC. 425. None of the funds made available by this 

11 Act may be used to destroy any buildings or structures 

12 on Midway Island that have been recommended by the 

13 United States Navy for inclusion in the National Register 

14 of Historic Places (54 U.S.C. 302101). 

15 JOHN F. KENNEDY CENTER REAUTHORIZATION

16 SEC. 426. Section 13 of the John F. Kennedy Center 

17 Act (20 U.S.C. 76r) is amended by striking subsections 

18 (a) and (b) and inserting the following: 

19 ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.— 

20 There is authorized to be appropriated to the Board to 

21 carry out section 4(a)(1)(H), $23,740,000 for fiscal year 

22 2018. 

23 ‘‘(b) CAPITAL PROJECTS.—There is authorized to be 

24 appropriated to the Board to carry out subparagraphs (F) 

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1 and (G) of section 4(a)(1), $16,775,000 for fiscal year 

2 2018.’’. 

3 LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANS4 FERS OF EXCESS EQUIPMENT AND SUPPLIES FOR

5 WILDFIRES

6 SEC. 427. The Secretary of the Interior is authorized 

7 to enter into grants and cooperative agreements with vol8 unteer fire departments, rural fire departments, rangeland 

9 fire protection associations, and similar organizations to 

10 provide for wildland fire training and equipment, including 

11 supplies and communication devices. Notwithstanding 

12 121(c) of title 40, United States Code, or section 521 of 

13 title 40, United States Code, the Secretary is further au14 thorized to transfer title to excess Department of the Inte15 rior firefighting equipment no longer needed to carry out 

16 the functions of the Department’s wildland fire manage17 ment program to such organizations. 

18 ALASKA NATIVE REGIONAL HEALTH ENTITIES

19 SEC. 428. Section 424 of the Consolidated Appropria20 tions Act, 2014 (Public Law 113–76) is amended by strik21 ing ‘‘2018’’ and inserting ‘‘2019’’. 

22 TREATMENT OF CERTAIN HOSPITALS

23 SEC. 429. Section 1886(d)(12)(C) of the Social Secu24 rity Act (42 U.S.C. 1395ww(d)(12)(C)) is amended by 

25 adding at the end the following new clause: 

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1 ‘‘(iii) TREATMENT OF INDIAN HEALTH

2 SERVICE AND NON-INDIAN HEALTH SERVICE

3 FACILITIES.—For purposes of determining 

4 whether— 

5 ‘‘(I) a subsection (d) hospital of the 

6 Indian Health Service (whether operated 

7 by such Service or by an Indian tribe or 

8 tribal organization (as those terms are de9 fined in section 4 of the Indian Health 

10 Care Improvement Act)), or 

11 ‘‘(II) a subsection (d) hospital other 

12 than a hospital of the Indian Health Serv13 ice meets the mileage criterion under 

14 clause (i) with respect to fiscal year 2011 

15 or a succeeding fiscal year, the Secretary 

16 shall apply the policy described in the reg17 ulation at part 412.101(e) of title 42, Code 

18 of Federal Regulations (as in effect on the 

19 date of enactment of this clause).’’. 

20 INFRASTRUCTURE

21 SEC. 430. (a) For an additional amount for ‘‘Envi22 ronmental Protection Agency—Hazardous Substance 

23 Superfund’’, $63,000,000, of which $54,389,000 shall be 

24 for the Superfund Remedial program and $8,611,000 

25 shall be for the Superfund Emergency Response and ReMarch 21, 2018 (6:08 p.m.)
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1 moval program, to remain available until expended, con2 sisting of such sums as are available in the Trust Fund 

3 on September 30, 2017, as authorized by section 517(a) 

4 of the Superfund Amendments and Reauthorization Act 

5 of 1986 (SARA) and up to $63,000,000 as a payment 

6 from general revenues to the Hazardous Substance Super7 fund for purposes as authorized by section 517(b) of 

8 SARA. 

9 (b) For an additional amount for ‘‘Environmental 

10 Protection Agency—State and Tribal Assistance Grants,’’ 

11 for environmental programs and infrastructure assistance, 

12 including capitalization grants for State revolving funds 

13 and performance partnership grants, $650,000,000 to re14 main available until expended, of which— 

15 (1) $300,000,000 shall be for making capital16 ization grants for the Clean Water State Revolving 

17 Funds under title VI of the Federal Water Pollution 

18 Control Act; and of which $300,000,000 shall be for 

19 making capitalization grants for the Drinking Water 

20 State Revolving Funds under section 1452 of the 

21 Safe Drinking Water Act; 

22 (2) $20,000,000 shall be for grants for small 

23 and disadvantaged communities authorized in sec24 tion 2104 of the Water Infrastructure Improvements 

25 for the Nation Act (Public Law 114–322); 

March 21, 2018 (6:08 p.m.)
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1 (3) $20,000,000 shall be for grants for lead 

2 testing in school and child care program drinking 

3 water authorized in section 2107 of the Water Infra4 structure Improvements for the Nation Act (Public 

5 Law 114–322); 

6 (4) $10,000,000 shall be for grants for reduc7 ing lead in drinking water authorized in section 

8 2105 of the Water Infrastructure Improvements for 

9 the Nation Act (Public Law 114–322). 

10 (c) For an additional amount for ‘‘Environmental 

11 Protection Agency—Water Infrastructure Finance and In12 novation Program Account’’, $53,000,000, to remain 

13 available until expended, for the cost of direct loans, for 

14 the cost of guaranteed loans, and for administrative ex15 penses to carry out the direct and guaranteed loan pro16 grams, of which $3,000,000, to remain available until Sep17 tember 30, 2019, may be used for such administrative ex18 penses: Provided, That these additional funds are available 

19 to subsidize gross obligations for the principal amount of 

20 direct loans, including capitalized interest, and total loan 

21 principal, including capitalized interest, any part of which 

22 is to be guaranteed, not to exceed $6,100,000,000. 

23 POLICIES RELATING TO BIOMASS ENERGY

24 SEC. 431. To support the key role that forests in the 

25 United States can play in addressing the energy needs of 

March 21, 2018 (6:08 p.m.)
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1 the United States, the Secretary of Energy, the Secretary 

2 of Agriculture, and the Administrator of the Environ3 mental Protection Agency shall, consistent with their mis4 sions, jointly— 

5 (1) ensure that Federal policy relating to forest 

6 bioenergy— 

7 (A) is consistent across all Federal depart8 ments and agencies; and 

9 (B) recognizes the full benefits of the use 

10 of forest biomass for energy, conservation, and 

11 responsible forest management; and 

12 (2) establish clear and simple policies for the 

13 use of forest biomass as an energy solution, includ14 ing policies that— 

15 (A) reflect the carbon-neutrality of forest 

16 bioenergy and recognize biomass as a renewable 

17 energy source, provided the use of forest bio18 mass for energy production does not cause con19 version of forests to non-forest use. 

20 (B) encourage private investment through21 out the forest biomass supply chain, including 

22 in— 

23 (i) working forests; 

24 (ii) harvesting operations; 

25 (iii) forest improvement operations; 

March 21, 2018 (6:08 p.m.)
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1 (iv) forest bioenergy production; 

2 (v) wood products manufacturing; or 

3 (vi) paper manufacturing; 

4 (C) encourage forest management to im5 prove forest health; and 

6 (D) recognize State initiatives to produce 

7 and use forest biomass. 

8 CLARIFICATION OF EXEMPTIONS

9 SEC. 432. None of the funds made available in this 

10 Act may be used to require a permit for the discharge 

11 of dredged or fill material under the Federal Water Pollu12 tion Control Act (33 U.S.C. 1251 et seq.) for the activities 

13 identified in subparagraphs (A) and (C) of section 

14 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

15 SMALL REMOTE INCINERATORS

16 SEC. 433. None of the funds made available in this 

17 Act may be used to implement or enforce the regulation 

18 issued on March 21, 2011 at 40 CFR part 60 subparts 

19 CCCC and DDDD with respect to units in the State of 

20 Alaska that are defined as ‘‘small, remote incinerator’’ 

21 units in those regulations and, until a subsequent regula22 tion is issued, the Administrator shall implement the law 

23 and regulations in effect prior to such date. 

March 21, 2018 (6:08 p.m.)
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1 This division may be cited as the ‘‘Department of the 

2 Interior, Environment, and Related Agencies Appropria3 tions Act, 2018’’. 

March 21, 2018 (6:08 p.m.)
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1 DIVISION H—DEPARTMENTS OF LABOR, 

2 HEALTH AND HUMAN SERVICES, AND 

3 EDUCATION, AND RELATED AGENCIES 

4 APPROPRIATIONS ACT, 2018 

5 TITLE I 

6 DEPARTMENT OF LABOR 

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 For necessary expenses of the Workforce Innovation 

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

11 the Second Chance Act of 2007, and the National Appren12 ticeship Act, $3,486,200,000, plus reimbursements, shall 

13 be available. Of the amounts provided: 

14 (1) for grants to States for adult employment 

15 and training activities, youth activities, and dis16 located worker employment and training activities, 

17 $2,789,832,000 as follows: 

18 (A) $845,556,000 for adult employment 

19 and training activities, of which $133,556,000 

20 shall be available for the period July 1, 2018 

21 through June 30, 2019, and of which 

22 $712,000,000 shall be available for the period 

23 October 1, 2018 through June 30, 2019; 

March 21, 2018 (6:08 p.m.)
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1 (B) $903,416,000 for youth activities, 

2 which shall be available for the period April 1, 

3 2018 through June 30, 2019; and 

4 (C) $1,040,860,000 for dislocated worker 

5 employment and training activities, of which 

6 $180,860,000 shall be available for the period 

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

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

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

10 Provided, That the funds available for allotment to 

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

12 WIOA shall not be subject to the requirements of 

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

14 (2) for national programs, $696,368,000 as fol15 lows: 

16 (A) $220,859,000 for the dislocated work17 ers assistance national reserve, of which 

18 $20,859,000 shall be available for the period 

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

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

21 period October 1, 2018 through September 30, 

22 2019: Provided, That funds provided to carry 

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

24 used to provide assistance to a State for state25 wide or local use in order to address cases 

March 21, 2018 (6:08 p.m.)
872 

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1 where there have been worker dislocations 

2 across multiple sectors or across multiple local 

3 areas and such workers remain dislocated; co4 ordinate the State workforce development plan 

5 with emerging economic development needs; and 

6 train such eligible dislocated workers: Provided 

7 further, That funds provided to carry out sec8 tions 168(b) and 169(c) of the WIOA may be 

9 used for technical assistance and demonstration 

10 projects, respectively, that provide assistance to 

11 new entrants in the workforce and incumbent 

12 workers: Provided further, That notwithstanding 

13 section 168(b) of the WIOA, of the funds pro14 vided under this subparagraph, the Secretary of 

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

16 may reserve not more than 10 percent of such 

17 funds to provide technical assistance and carry 

18 out additional activities related to the transition 

19 to the WIOA: Provided further, That of the 

20 funds provided under this subparagraph, 

21 $30,000,000 shall be for training and employ22 ment assistance under sections 168(b), 169(c) 

23 (notwithstanding the 10 percent limitation in 

24 such section) and 170 of the WIOA for workers 

25 in the Appalachian region, as defined by 40 

March 21, 2018 (6:08 p.m.)
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1 U.S.C. 14102(a)(1) and workers in the Lower 

2 Mississippi, as defined in section 4(2) of the 

3 Delta Development Act (Public Law 100–460, 

4 102 Stat. 2246; 7 U.S.C. 2009aa(2)); 

5 (B) $54,000,000 for Native American pro6 grams under section 166 of the WIOA, which 

7 shall be available for the period July 1, 2018 

8 through June 30, 2019; 

9 (C) $87,896,000 for migrant and seasonal 

10 farmworker programs under section 167 of the 

11 WIOA, including $81,447,000 for formula 

12 grants (of which not less than 70 percent shall 

13 be for employment and training services), 

14 $5,922,000 for migrant and seasonal housing 

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

16 permanent housing), and $527,000 for other 

17 discretionary purposes, which shall be available 

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

19 2019: Provided, That notwithstanding any 

20 other provision of law or related regulation, the 

21 Department of Labor shall take no action lim22 iting the number or proportion of eligible par23 ticipants receiving related assistance services or 

24 discouraging grantees from providing such serv25 ices; 

March 21, 2018 (6:08 p.m.)
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1 (D) $89,534,000 for YouthBuild activities 

2 as described in section 171 of the WIOA, which 

3 shall be available for the period April 1, 2018 

4 through June 30, 2019; 

5 (E) $93,079,000 for ex-offender activities, 

6 under the authority of section 169 of the WIOA 

7 and section 212 of the Second Chance Act of 

8 2007, which shall be available for the period 

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

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

11 competitive grants to national and regional 

12 intermediaries for activities that prepare young 

13 ex-offenders and school dropouts for employ14 ment, with a priority for projects serving high15 crime, high-poverty areas; 

16 (F) $6,000,000 for the Workforce Data 

17 Quality Initiative, under the authority of section 

18 169 of the WIOA, which shall be available for 

19 the period July 1, 2018 through June 30, 

20 2019; and 

21 (G) $145,000,000 to expand opportunities 

22 relating to apprenticeship programs registered 

23 under the National Apprenticeship Act, to be 

24 available to the Secretary to carry out activities 

25 through grants, cooperative agreements, conMarch 21, 2018 (6:08 p.m.)
875 

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1 tracts and other arrangements, with States and 

2 other appropriate entities, which shall be avail3 able for the period April 1, 2018 through June 

4 30, 2019. 

5 JOB CORPS

6 (INCLUDING TRANSFER OF FUNDS)

7 To carry out subtitle C of title I of the WIOA, includ8 ing Federal administrative expenses, the purchase and 

9 hire of passenger motor vehicles, the construction, alter10 ation, and repairs of buildings and other facilities, and the 

11 purchase of real property for training centers as author12 ized by the WIOA, $1,718,655,000, plus reimbursements, 

13 as follows: 

14 (1) $1,603,325,000 for Job Corps Operations, 

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

16 through June 30, 2019; 

17 (2) $83,000,000 for construction, rehabilitation 

18 and acquisition of Job Corps Centers, which shall be 

19 available for the period July 1, 2018 through June 

20 30, 2021, and which may include the acquisition, 

21 maintenance, and repair of major items of equip22 ment: Provided, That the Secretary may transfer up 

23 to 15 percent of such funds to meet the operational 

24 needs of such centers or to achieve administrative ef25 ficiencies: Provided further, That any funds transMarch 21, 2018 (6:08 p.m.)
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1 ferred pursuant to the preceding provision shall not 

2 be available for obligation after June 30, 2019: Pro3 vided further, That the Committees on Appropria4 tions of the House of Representatives and the Sen5 ate are notified at least 15 days in advance of any 

6 transfer; and 

7 (3) $32,330,000 for necessary expenses of Job 

8 Corps, which shall be available for obligation for the 

9 period October 1, 2017 through September 30, 

10 2018: 

11 Provided, That no funds from any other appropriation 

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

13 centers. 

14 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

15 AMERICANS

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

17 1965 (referred to in this Act as ‘‘OAA’’), $400,000,000, 

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

19 through June 30, 2019, and may be recaptured and reobli20 gated in accordance with section 517(c) of the OAA. 

21 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

22 For payments during fiscal year 2018 of trade ad23 justment benefit payments and allowances under part I 

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

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

March 21, 2018 (6:08 p.m.)
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1 employment and case management services, allowances for 

2 job search and relocation, and related State administrative 

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

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

5 payments, allowances, training, employment and case 

6 management services, and related State administration 

7 provided pursuant to section 231(a) of the Trade Adjust8 ment Assistance Extension Act of 2011 and section 405(a) 

9 of the Trade Preferences Extension Act of 2015, 

10 $790,000,000 together with such amounts as may be nec11 essary to be charged to the subsequent appropriation for 

12 payments for any period subsequent to September 15, 

13 2018: Provided, That notwithstanding section 502 of this 

14 Act, any part of the appropriation provided under this 

15 heading may remain available for obligation beyond the 

16 current fiscal year pursuant to the authorities of section 

17 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 

18 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

19 SERVICE OPERATIONS

20 For authorized administrative expenses, 

21 $84,066,000, together with not to exceed $3,380,625,000 

22 which may be expended from the Employment Security 

23 Administration Account in the Unemployment Trust Fund 

24 (‘‘the Trust Fund’’), of which: 

March 21, 2018 (6:08 p.m.)
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1 (1) $2,639,600,000 from the Trust Fund is for 

2 grants to States for the administration of State un3 employment insurance laws as authorized under title 

4 III of the Social Security Act (including not less 

5 than $120,000,000 to conduct in-person reemploy6 ment and eligibility assessments and unemployment 

7 insurance improper payment reviews, and to provide 

8 reemployment services and referrals to training as 

9 appropriate, for claimants of unemployment insur10 ance for ex-service members under 5 U.S.C. 8521 et. 

11 seq. and for claimants of regular unemployment 

12 compensation, including those who are profiled as 

13 most likely to exhaust their benefits in each State: 

14 Provided, That such activities shall not be subject to 

15 section 306 of the Social Security Act; and 

16 $9,000,000 for continued support of the Unemploy17 ment Insurance Integrity Center of Excellence), the 

18 administration of unemployment insurance for Fed19 eral employees and for ex-service members as au20 thorized under 5 U.S.C. 8501–8523, and the admin21 istration of trade readjustment allowances, reem22 ployment trade adjustment assistance, and alter23 native trade adjustment assistance under the Trade 

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

25 Adjustment Assistance Extension Act of 2011 and 

March 21, 2018 (6:08 p.m.)
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1 section 405(a) of the Trade Preferences Extension 

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

3 the States through December 31, 2018, except that 

4 funds used for automation shall be available for 

5 Federal obligation through December 31, 2018, and 

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

7 if the automation is being carried out through con8 sortia of States, for State obligation through Sep9 tember 30, 2023, and for expenditure through Sep10 tember 30, 2024, and funds for competitive grants 

11 awarded to States for improved operations and to 

12 conduct in-person reemployment and eligibility as13 sessments and unemployment insurance improper 

14 payment reviews and provide reemployment services 

15 and referrals to training, as appropriate, shall be 

16 available for Federal obligation through December 

17 31, 2018, and for obligation by the States through 

18 September 30, 2020, and funds for the Unemploy19 ment Insurance Integrity Center of Excellence shall 

20 be available for obligation by the State through Sep21 tember 30, 2019, and funds used for unemployment 

22 insurance workloads experienced through September 

23 30, 2018 shall be available for Federal obligation 

24 through December 31, 2018; 

March 21, 2018 (6:08 p.m.)
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1 (2) $13,897,000 from the Trust Fund is for na2 tional activities necessary to support the administra3 tion of the Federal-State unemployment insurance 

4 system; 

5 (3) $645,000,000 from the Trust Fund, to6 gether with $21,413,000 from the General Fund of 

7 the Treasury, is for grants to States in accordance 

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

9 be available for Federal obligation for the period 

10 July 1, 2018 through June 30, 2019; 

11 (4) $19,818,000 from the Trust Fund is for na12 tional activities of the Employment Service, includ13 ing administration of the work opportunity tax cred14 it under section 51 of the Internal Revenue Code of 

15 1986, and the provision of technical assistance and 

16 staff training under the Wagner-Peyser Act; 

17 (5) $62,310,000 from the Trust Fund is for the 

18 administration of foreign labor certifications and re19 lated activities under the Immigration and Nation20 ality Act and related laws, of which $48,028,000 

21 shall be available for the Federal administration of 

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

23 for grants to States for the administration of such 

24 activities; and 

March 21, 2018 (6:08 p.m.)
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1 (6) $62,653,000 from the General Fund is to 

2 provide workforce information, national electronic 

3 tools, and one-stop system building under the Wag4 ner-Peyser Act and shall be available for Federal ob5 ligation for the period July 1, 2018 through June 

6 30, 2019: 

7 Provided, That to the extent that the Average Weekly In8 sured Unemployment (‘‘AWIU’’) for fiscal year 2018 is 

9 projected by the Department of Labor to exceed 

10 2,246,000, an additional $28,600,000 from the Trust 

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

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

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

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

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

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

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

18 carrying out activities under such title III if the other 

19 States include areas that have suffered a major disaster 

20 declared by the President under the Robert T. Stafford 

21 Disaster Relief and Emergency Assistance Act: Provided 

22 further, That the Secretary may use funds appropriated 

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

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

25 the National Directory of New Hires under section 

March 21, 2018 (6:08 p.m.)
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1 453(j)(8) of such Act: Provided further, That the Sec2 retary may use funds appropriated for grants to States 

3 under title III of the Social Security Act to make pay4 ments on behalf of States to the entity operating the State 

5 Information Data Exchange System: Provided further, 

6 That funds appropriated in this Act which are used to es7 tablish a national one-stop career center system, or which 

8 are used to support the national activities of the Federal9 State unemployment insurance, employment service, or 

10 immigration programs, may be obligated in contracts, 

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

12 Provided further, That States awarded competitive grants 

13 for improved operations under title III of the Social Secu14 rity Act, or awarded grants to support the national activi15 ties of the Federal-State unemployment insurance system, 

16 may award subgrants to other States and non-State enti17 ties under such grants, subject to the conditions applicable 

18 to the grants: Provided further, That funds appropriated 

19 under this Act for activities authorized under title III of 

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

21 be used by States to fund integrated Unemployment In22 surance and Employment Service automation efforts, not23 withstanding cost allocation principles prescribed under 

24 the final rule entitled ‘‘Uniform Administrative Require25 ments, Cost Principles, and Audit Requirements for FedMarch 21, 2018 (6:08 p.m.)
883 

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1 eral Awards’’ at part 200 of title 2, Code of Federal Regu2 lations: Provided further, That the Secretary, at the re3 quest of a State participating in a consortium with other 

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

5 III of the Social Security Act to other States participating 

6 in the consortium in order to carry out activities that ben7 efit the administration of the unemployment compensation 

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

9 That the Secretary may collect fees for the costs associ10 ated with additional data collection, analyses, and report11 ing services relating to the National Agricultural Workers 

12 Survey requested by State and local governments, public 

13 and private institutions of higher education, and nonprofit 

14 organizations and may utilize such sums, in accordance 

15 with the provisions of 29 U.S.C. 9a, for the National Agri16 cultural Workers Survey infrastructure, methodology, and 

17 data to meet the information collection and reporting 

18 needs of such entities, which shall be credited to this ap19 propriation and shall remain available until September 30, 

20 2019, for such purposes. 

21 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

22 OTHER FUNDS

23 For repayable advances to the Unemployment Trust 

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

25 Social Security Act, and to the Black Lung Disability 

March 21, 2018 (6:08 p.m.)
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1 Trust Fund as authorized by section 9501(c)(1) of the In2 ternal Revenue Code of 1986; and for nonrepayable ad3 vances to the revolving fund established by section 901(e) 

4 of the Social Security Act, to the Unemployment Trust 

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

6 Unemployment Benefits and Allowances’’ account, such 

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

8 obligation through September 30, 2019. 

9 PROGRAM ADMINISTRATION

10 For expenses of administering employment and train11 ing programs, $108,674,000, together with not to exceed 

12 $49,982,000 which may be expended from the Employ13 ment Security Administration Account in the Unemploy14 ment Trust Fund. 

15 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses for the Employee Benefits 

18 Security Administration, $181,000,000, of which up to 

19 $3,000,000 shall be made available through September 30, 

20 2019, for the procurement of expert witnesses for enforce21 ment litigation. 

22 PENSION BENEFIT GUARANTY CORPORATION

23 PENSION BENEFIT GUARANTY CORPORATION FUND

24 The Pension Benefit Guaranty Corporation (‘‘Cor25 poration’’) is authorized to make such expenditures, inMarch 21, 2018 (6:08 p.m.)
885 

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1 cluding financial assistance authorized by subtitle E of 

2 title IV of the Employee Retirement Income Security Act 

3 of 1974, within limits of funds and borrowing authority 

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

5 to make such contracts and commitments without regard 

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

7 as may be necessary in carrying out the program, includ8 ing associated administrative expenses, through Sep9 tember 30, 2018, for the Corporation: Provided, That 

10 none of the funds available to the Corporation for fiscal 

11 year 2018 shall be available for obligations for administra12 tive expenses in excess of $424,417,000: Provided further, 

13 That to the extent that the number of new plan partici14 pants in plans terminated by the Corporation exceeds 

15 100,000 in fiscal year 2018, an amount not to exceed an 

16 additional $9,200,000 shall be available through Sep17 tember 30, 2019, for obligation for administrative ex18 penses for every 20,000 additional terminated partici19 pants: Provided further, That obligations in excess of the 

20 amounts provided in this paragraph may be incurred for 

21 unforeseen and extraordinary pretermination expenses or 

22 extraordinary multiemployer program related expenses 

23 after approval by the Office of Management and Budget 

24 and notification of the Committees on Appropriations of 

25 the House of Representatives and the Senate. 

March 21, 2018 (6:08 p.m.)
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1 WAGE AND HOUR DIVISION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Wage and Hour Divi4 sion, including reimbursement to State, Federal, and local 

5 agencies and their employees for inspection services ren6 dered, $227,500,000. 

7 OFFICE OF LABOR-MANAGEMENT STANDARDS

8 SALARIES AND EXPENSES

9 For necessary expenses for the Office of Labor-Man10 agement Standards, $40,187,000. 

11 OFFICE OF FEDERAL CONTRACT COMPLIANCE

12 PROGRAMS

13 SALARIES AND EXPENSES

14 For necessary expenses for the Office of Federal Con15 tract Compliance Programs, $103,476,000. 

16 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

17 SALARIES AND EXPENSES

18 For necessary expenses for the Office of Workers’ 

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

20 $2,177,000 which may be expended from the Special Fund 

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

22 Longshore and Harbor Workers’ Compensation Act. 

March 21, 2018 (6:08 p.m.)
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1 SPECIAL BENEFITS

2 (INCLUDING TRANSFER OF FUNDS)

3 For the payment of compensation, benefits, and ex4 penses (except administrative expenses) accruing during 

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

6 81; continuation of benefits as provided for under the 

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

8 Agency Appropriation Act, 1947; the Employees’ Com9 pensation Commission Appropriation Act, 1944; section 

10 5(f) of the War Claims Act (50 U.S.C. App. 2012); obliga11 tions incurred under the War Hazards Compensation Act 

12 (42 U.S.C. 1701 et seq.); and 50 percent of the additional 

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

14 Longshore and Harbor Workers’ Compensation Act, 

15 $220,000,000, together with such amounts as may be nec16 essary to be charged to the subsequent year appropriation 

17 for the payment of compensation and other benefits for 

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

19 for deposit into and to assume the attributes of the Em20 ployees’ Compensation Fund established under 5 U.S.C. 

21 8147(a): Provided, That amounts appropriated may be 

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

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

24 for portions of the salary of a re-employed, disabled bene25 ficiary: Provided further, That balances of reimbursements 

March 21, 2018 (6:08 p.m.)
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1 unobligated on September 30, 2017, shall remain available 

2 until expended for the payment of compensation, benefits, 

3 and expenses: Provided further, That in addition there 

4 shall be transferred to this appropriation from the Postal 

5 Service and from any other corporation or instrumentality 

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

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

8 the Secretary determines to be the cost of administration 

9 for employees of such fair share entities through Sep10 tember 30, 2018: Provided further, That of those funds 

11 transferred to this account from the fair share entities to 

12 pay the cost of administration of the Federal Employees’ 

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

14 to the Secretary as follows: 

15 (1) For enhancement and maintenance of auto16 mated data processing systems operations and tele17 communications systems, $24,540,000; 

18 (2) For automated workload processing oper19 ations, including document imaging, centralized mail 

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

21 (3) For periodic roll disability management and 

22 medical review, $21,946,000; 

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

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

25 Treasury as miscellaneous receipts: 

March 21, 2018 (6:08 p.m.)
889 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 Provided further, That the Secretary may require that any 

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

3 under 5 U.S.C. 81, or the Longshore and Harbor Work4 ers’ Compensation Act, provide as part of such notice and 

5 claim, such identifying information (including Social Secu6 rity account number) as such regulations may prescribe. 

7 SPECIAL BENEFITS FOR DISABLED COAL MINERS

8 For carrying out title IV of the Federal Mine Safety 

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

10 275, $54,319,000, to remain available until expended. 

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

12 benefit payments to individuals under title IV of such Act, 

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

14 as may be necessary. 

15 For making benefit payments under title IV for the 

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

17 available until expended. 

18 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

19 OCCUPATIONAL ILLNESS COMPENSATION FUND

20 For necessary expenses to administer the Energy 

21 Employees Occupational Illness Compensation Program 

22 Act, $59,846,000, to remain available until expended: Pro23 vided, That the Secretary may require that any person fil24 ing a claim for benefits under the Act provide as part of 

March 21, 2018 (6:08 p.m.)
890 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 such claim such identifying information (including Social 

2 Security account number) as may be prescribed. 

3 BLACK LUNG DISABILITY TRUST FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 Such sums as may be necessary from the Black Lung 

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

7 until expended, for payment of all benefits authorized by 

8 section 9501(d)(1), (2), (6), and (7) of the Internal Rev9 enue Code of 1986; and repayment of, and payment of 

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

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

12 expended from the Fund for fiscal year 2018 for expenses 

13 of operation and administration of the Black Lung Bene14 fits program, as authorized by section 9501(d)(5): not to 

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

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

17 exceed $31,994,000 for transfer to Departmental Manage18 ment, ‘‘Salaries and Expenses’’; not to exceed $330,000 

19 for transfer to Departmental Management, ‘‘Office of In20 spector General’’; and not to exceed $356,000 for pay21 ments into miscellaneous receipts for the expenses of the 

22 Department of the Treasury. 

March 21, 2018 (6:08 p.m.)
891 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Occupational Safety 

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

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

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

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

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

9 of State occupational safety and health programs required 

10 to be incurred under plans approved by the Secretary 

11 under section 18 of the Act; and, in addition, notwith12 standing 31 U.S.C. 3302, the Occupational Safety and 

13 Health Administration may retain up to $499,000 per fis14 cal year of training institute course tuition and fees, other15 wise authorized by law to be collected, and may utilize 

16 such sums for occupational safety and health training and 

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

18 3302, the Secretary is authorized, during the fiscal year 

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

20 services provided to Nationally Recognized Testing Lab21 oratories, and may utilize such sums, in accordance with 

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

23 international laboratory recognition programs that ensure 

24 the safety of equipment and products used by workers in 

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

March 21, 2018 (6:08 p.m.)
892 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 appropriated under this paragraph shall be obligated or 

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

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

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

5 operation which does not maintain a temporary labor 

6 camp and employs 10 or fewer employees: Provided fur7 ther, That no funds appropriated under this paragraph 

8 shall be obligated or expended to administer or enforce 

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

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

11 included within a category having a Days Away, Re12 stricted, or Transferred (‘‘DART’’) occupational injury 

13 and illness rate, at the most precise industrial classifica14 tion code for which such data are published, less than the 

15 national average rate as such rates are most recently pub16 lished by the Secretary, acting through the Bureau of 

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

18 except— 

19 (1) to provide, as authorized by the Act, con20 sultation, technical assistance, educational and train21 ing services, and to conduct surveys and studies; 

22 (2) to conduct an inspection or investigation in 

23 response to an employee complaint, to issue a cita24 tion for violations found during such inspection, and 

25 to assess a penalty for violations which are not corMarch 21, 2018 (6:08 p.m.)
893 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 rected within a reasonable abatement period and for 

2 any willful violations found; 

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

4 with respect to imminent dangers; 

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

6 with respect to health hazards; 

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

8 with respect to a report of an employment accident 

9 which is fatal to one or more employees or which re10 sults in hospitalization of two or more employees, 

11 and to take any action pursuant to such investiga12 tion authorized by the Act; and 

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

14 with respect to complaints of discrimination against 

15 employees for exercising rights under the Act: 

16 Provided further, That the foregoing proviso shall not 

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

18 which does not maintain a temporary labor camp and em19 ploys 10 or fewer employees: Provided further, That 

20 $10,537,000 shall be available for Susan Harwood train21 ing grants, of which the Secretary shall reserve not less 

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

23 Building Developmental grants, as described in Funding 

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

25 the notice of availability of funds published in the Federal 

March 21, 2018 (6:08 p.m.)
894 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 Register on May 3, 2016 (81 Fed. Reg. 30568)) for pro2 gram activities starting not later than September 30, 2018 

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

4 That not less than $3,500,000 shall be for Voluntary Pro5 tection Programs. 

6 MINE SAFETY AND HEALTH ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses for the Mine Safety and 

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

10 and bestowal of certificates and trophies in connection 

11 with mine rescue and first-aid work, and the hire of pas12 senger motor vehicles, including up to $2,000,000 for 

13 mine rescue and recovery activities and not less than 

14 $10,537,000 for State assistance grants: Provided, That 

15 amounts available for State assistance grants may be used 

16 for the purchase and maintenance of new equipment re17 quired by the final rule entitled ‘‘Lowering Miners’ Expo18 sure to Respirable Coal Mine Dust, Including Continuous 

19 Personal Dust Monitors’’ published by the Department of 

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

21 Reg. 24813 et seq.), for operators that demonstrate finan22 cial need as determined by the Secretary: Provided further, 

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

24 $750,000 may be collected by the National Mine Health 

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

March 21, 2018 (6:08 p.m.)
895 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 of training materials, otherwise authorized by law to be 

2 collected, to be available for mine safety and health edu3 cation and training activities: Provided further, That not4 withstanding 31 U.S.C. 3302, the Mine Safety and Health 

5 Administration is authorized to collect and retain up to 

6 $2,499,000 from fees collected for the approval and cer7 tification of equipment, materials, and explosives for use 

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

9 Provided further, That the Secretary is authorized to ac10 cept lands, buildings, equipment, and other contributions 

11 from public and private sources and to prosecute projects 

12 in cooperation with other agencies, Federal, State, or pri13 vate: Provided further, That the Mine Safety and Health 

14 Administration is authorized to promote health and safety 

15 education and training in the mining community through 

16 cooperative programs with States, industry, and safety as17 sociations: Provided further, That the Secretary is author18 ized to recognize the Joseph A. Holmes Safety Association 

19 as a principal safety association and, notwithstanding any 

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

21 without reimbursement, personnel, including service of 

22 Mine Safety and Health Administration officials as offi23 cers in local chapters or in the national organization: Pro24 vided further, That any funds available to the Department 

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

March 21, 2018 (6:08 p.m.)
896 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 to provide for the costs of mine rescue and survival oper2 ations in the event of a major disaster. 

3 BUREAU OF LABOR STATISTICS

4 SALARIES AND EXPENSES

5 For necessary expenses for the Bureau of Labor Sta6 tistics, including advances or reimbursements to State, 

7 Federal, and local agencies and their employees for serv8 ices rendered, $547,000,000, together with not to exceed 

9 $65,000,000 which may be expended from the Employ10 ment Security Administration account in the Unemploy11 ment Trust Fund. 

12 OFFICE OF DISABILITY EMPLOYMENT POLICY

13 SALARIES AND EXPENSES

14 For necessary expenses for the Office of Disability 

15 Employment Policy to provide leadership, develop policy 

16 and initiatives, and award grants furthering the objective 

17 of eliminating barriers to the training and employment of 

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

19 DEPARTMENTAL MANAGEMENT

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses for Departmental Manage23 ment, including the hire of three passenger motor vehicles, 

24 $337,536,000, together with not to exceed $308,000, 

25 which may be expended from the Employment Security 

March 21, 2018 (6:08 p.m.)
897 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 Administration account in the Unemployment Trust 

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

3 International Labor Affairs shall be available for obliga4 tion through December 31, 2018: Provided further, That 

5 funds available to the Bureau of International Labor Af6 fairs may be used to administer or operate international 

7 labor activities, bilateral and multilateral technical assist8 ance, and microfinance programs, by or through contracts, 

9 grants, subgrants and other arrangements: Provided fur10 ther, That not more than $53,825,000 shall be for pro11 grams to combat exploitative child labor internationally 

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

13 model programs that address worker rights issues through 

14 technical assistance in countries with which the United 

15 States has free trade agreements or trade preference pro16 grams: Provided further, That $8,040,000 shall be used 

17 for program evaluation and shall be available for obliga18 tion through September 30, 2019: Provided further, That 

19 funds available for program evaluation may be used to ad20 minister grants for the purpose of evaluation: Provided 

21 further, That grants made for the purpose of evaluation 

22 shall be awarded through fair and open competition: Pro23 vided further, That funds available for program evaluation 

24 may be transferred to any other appropriate account in 

25 the Department for such purpose: Provided further, That 

March 21, 2018 (6:08 p.m.)
898 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 the Committees on Appropriations of the House of Rep2 resentatives and the Senate are notified at least 15 days 

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

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

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

6 workforce: Provided further, That of the amounts made 

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

8 for grants authorized by the Women in Apprenticeship 

9 and Nontraditional Occupations Act. 

10 VETERANS EMPLOYMENT AND TRAINING

11 Not to exceed $245,041,000 may be derived from the 

12 Employment Security Administration account in the Un13 employment Trust Fund to carry out the provisions of 

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

15 of which: 

16 (1) $180,000,000 is for Jobs for Veterans State 

17 grants under 38 U.S.C. 4102A(b)(5) to support dis18 abled veterans’ outreach program specialists under 

19 section 4103A of such title and local veterans’ em20 ployment representatives under section 4104(b) of 

21 such title, and for the expenses described in section 

22 4102A(b)(5)(C), which shall be available for obliga23 tion by the States through December 31, 2018, and 

24 not to exceed 3 percent for the necessary Federal ex25 penditures for data systems and contract support to 

March 21, 2018 (6:08 p.m.)
899 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 allow for the tracking of participant and perform2 ance information: Provided, That, in addition, such 

3 funds may be used to support such specialists and 

4 representatives in the provision of services to 

5 transitioning members of the Armed Forces who 

6 have participated in the Transition Assistance Pro7 gram and have been identified as in need of inten8 sive services, to members of the Armed Forces who 

9 are wounded, ill, or injured and receiving treatment 

10 in military treatment facilities or warrior transition 

11 units, and to the spouses or other family caregivers 

12 of such wounded, ill, or injured members; 

13 (2) $19,500,000 is for carrying out the Transi14 tion Assistance Program under 38 U.S.C. 4113 and 

15 10 U.S.C. 1144; 

16 (3) $42,127,000 is for Federal administration 

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

18 Code; and 

19 (4) $3,414,000 is for the National Veterans’ 

20 Employment and Training Services Institute under 

21 38 U.S.C. 4109: 

22 Provided, That the Secretary may reallocate among the 

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

24 above an amount not to exceed 3 percent of the appropria25 tion from which such reallocation is made. 

March 21, 2018 (6:08 p.m.)
900 

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

2 $50,000,000 is for carrying out programs to assist home3 less veterans and veterans at risk of homelessness who are 

4 transitioning from certain institutions under sections 

5 2021, 2021A, and 2023 of title 38, United States Code: 

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

7 of section 2023, the Secretary may award grants through 

8 September 30, 2018, to provide services under such sec9 tion: Provided further, That services provided under sec10 tion 2023 may include, in addition to services to the indi11 viduals described in subsection (e) of such section, services 

12 to veterans recently released from incarceration who are 

13 at risk of homelessness. 

14 In addition, fees may be assessed and deposited in 

15 the HIRE Vets Medallion Award Fund pursuant to sec16 tion 5(b) of the HIRE Vets Act, as amended herein, and 

17 such amounts shall be available to the Secretary to carry 

18 out the HIRE Vets Medallion Award Program, as author19 ized by such Act, and shall remain available until ex20 pended: Provided, That such sums shall be in addition to 

21 any other funds available for such purposes, including 

22 funds available under paragraph (3) of this heading: Pro23 vided further, That section 2(d) of division O of the Con24 solidated Appropriations Act, 2017 (Public Law 115–31; 

25 38 U.S.C. 4100 note) shall not apply. 

March 21, 2018 (6:08 p.m.)
901 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 IT MODERNIZATION

2 For necessary expenses for Department of Labor cen3 tralized infrastructure technology investment activities re4 lated to support systems and modernization, $20,769,000, 

5 which shall be available through September 30, 2019. 

6 OFFICE OF INSPECTOR GENERAL

7 For salaries and expenses of the Office of Inspector 

8 General in carrying out the provisions of the Inspector 

9 General Act of 1978, $83,487,000, together with not to 

10 exceed $5,660,000 which may be expended from the Em11 ployment Security Administration account in the Unem12 ployment Trust Fund. 

13 GENERAL PROVISIONS

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

15 for the Job Corps shall be used to pay the salary and bo16 nuses of an individual, either as direct costs or any prora17 tion as an indirect cost, at a rate in excess of Executive 

18 Level II. 

19 (TRANSFER OF FUNDS)

20 SEC. 102. Not to exceed 1 percent of any discre21 tionary funds (pursuant to the Balanced Budget and 

22 Emergency Deficit Control Act of 1985) which are appro23 priated for the current fiscal year for the Department of 

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

25 project, or activity, but no such program, project, or activMarch 21, 2018 (6:08 p.m.)
902 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ity shall be increased by more than 3 percent by any such 

2 transfer: Provided, That the transfer authority granted by 

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

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

5 provided in this Act: Provided further, That the Commit6 tees on Appropriations of the House of Representatives 

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

8 of any transfer. 

9 SEC. 103. In accordance with Executive Order 

10 13126, none of the funds appropriated or otherwise made 

11 available pursuant to this Act shall be obligated or ex12 pended for the procurement of goods mined, produced, 

13 manufactured, or harvested or services rendered, in whole 

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

15 and host countries already identified by the United States 

16 Department of Labor prior to enactment of this Act. 

17 SEC. 104. Except as otherwise provided in this sec18 tion, none of the funds made available to the Department 

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

20 Competitiveness and Workforce Improvement Act of 1998 

21 (29 U.S.C. 2916a) may be used for any purpose other 

22 than competitive grants for training individuals who are 

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

24 in school within a local educational agency in the occupa25 tions and industries for which employers are using H–1B 

March 21, 2018 (6:08 p.m.)
903 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 visas to hire foreign workers, and the related activities 

2 necessary to support such training. 

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

4 Act under the heading ‘‘Employment and Training Ad5 ministration’’ shall be used by a recipient or subrecipient 

6 of such funds to pay the salary and bonuses of an indi7 vidual, either as direct costs or indirect costs, at a rate 

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

9 apply to vendors providing goods and services as defined 

10 in Office of Management and Budget Circular A–133. 

11 Where States are recipients of such funds, States may es12 tablish a lower limit for salaries and bonuses of those re13 ceiving salaries and bonuses from subrecipients of such 

14 funds, taking into account factors including the relative 

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

16 comparable State or local government employees, and the 

17 size of the organizations that administer Federal pro18 grams involved including Employment and Training Ad19 ministration programs. 

20 (TRANSFER OF FUNDS)

21 SEC. 106. (a) Notwithstanding section 102, the Sec22 retary may transfer funds made available to the Employ23 ment and Training Administration by this Act, either di24 rectly or through a set-aside, for technical assistance serv25 ices to grantees to ‘‘Program Administration’’ when it is 

March 21, 2018 (6:08 p.m.)
904 

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1 determined that those services will be more efficiently per2 formed by Federal employees: Provided, That this section 

3 shall not apply to section 171 of the WIOA. 

4 (b) Notwithstanding section 102, the Secretary may 

5 transfer not more than 0.5 percent of each discretionary 

6 appropriation made available to the Employment and 

7 Training Administration by this Act to ‘‘Program Admin8 istration’’ in order to carry out program integrity activities 

9 relating to any of the programs or activities that are fund10 ed under any such discretionary appropriations: Provided, 

11 That notwithstanding section 102 and the preceding pro12 viso, the Secretary may transfer not more than 0.5 percent 

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

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

15 account to carry out program integrity activities related 

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

17 transferred under the authority provided by this sub18 section shall be available for obligation through September 

19 30, 2019. 

20 (TRANSFER OF FUNDS)

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

22 than 0.75 percent from each appropriation made available 

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

24 out evaluations of any of the programs or activities that 

25 are funded under such accounts. Any funds reserved under 

March 21, 2018 (6:08 p.m.)
905 

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1 this section shall be transferred to ‘‘Departmental Man2 agement’’ for use by the Office of the Chief Evaluation 

3 Officer within the Department of Labor, and shall be 

4 available for obligation through September 30, 2019: Pro5 vided, That such funds shall only be available if the Chief 

6 Evaluation Officer of the Department of Labor submits 

7 a plan to the Committees on Appropriations of the House 

8 of Representatives and the Senate describing the evalua9 tions to be carried out 15 days in advance of any transfer. 

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

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

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

13 ‘‘State Unemployment Insurance and Employment Service 

14 Operations’’, ‘‘Employee Benefits Security Administra15 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 

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

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

18 Standards’’, ‘‘Occupational Safety and Health Adminis19 tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of20 fice of Disability Employment Policy’’, funding made 

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

22 and ‘‘Women’s Bureau’’ within the ‘‘Departmental Man23 agement, Salaries and Expenses’’ account, and ‘‘Veterans 

24 Employment and Training’’. 

March 21, 2018 (6:08 p.m.)
906 

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1 SEC. 108. Notwithstanding any other provision of 

2 law, beginning October 1, 2017, the Secretary of Labor, 

3 in consultation with the Secretary of Agriculture may se4 lect an entity to operate a Civilian Conservation Center 

5 on a competitive basis in accordance with section 147 of 

6 the WIOA, if the Secretary of Labor determines such Cen7 ter has had consistently low performance under the per8 formance accountability system in effect for the Job Corps 

9 program prior to July 1, 2016, or with respect to expected 

10 levels of performance established under section 159(c) of 

11 such Act beginning July 1, 2016. 

12 SEC. 109. (a) Section 7 of the Fair Labor Standards 

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

14 following text is part of such section: 

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

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

17 disaster to any employee— 

18 ‘‘(A) employed to adjust or evaluate claims re19 sulting from or relating to such major disaster, by 

20 an employer not engaged, directly or through an af21 filiate, in underwriting, selling, or marketing prop22 erty, casualty, or liability insurance policies or con23 tracts; 

24 ‘‘(B) who receives from such employer on aver25 age weekly compensation of not less than $591.00 

March 21, 2018 (6:08 p.m.)
907 

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1 per week or any minimum weekly amount estab2 lished by the Secretary, whichever is greater, for the 

3 number of weeks such employee is engaged in any 

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

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

6 ‘‘(i) interviewing insured individuals, indi7 viduals who suffered injuries or other damages 

8 or losses arising from or relating to a disaster, 

9 witnesses, or physicians; 

10 ‘‘(ii) inspecting property damage or review11 ing factual information to prepare damage esti12 mates; 

13 ‘‘(iii) evaluating and making recommenda14 tions regarding coverage or compensability of 

15 claims or determining liability or value aspects 

16 of claims; 

17 ‘‘(iv) negotiating settlements; or 

18 ‘‘(v) making recommendations regarding 

19 litigation. 

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

21 the exemption provided by section 13(a)(1). 

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

23 ‘‘(A) the term ‘major disaster’ means any dis24 aster or catastrophe declared or designated by any 

25 State or Federal agency or department; 

March 21, 2018 (6:08 p.m.)
908 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

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

2 evaluate claims resulting from or relating to such 

3 major disaster’ means an individual who timely se4 cured or secures a license required by applicable law 

5 to engage in and perform the activities described in 

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

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

8 that maintains worker compensation insurance cov9 erage or protection for its employees, if required by 

10 applicable law, and withholds applicable Federal, 

11 State, and local income and payroll taxes from the 

12 wages, salaries and any benefits of such employees; 

13 and 

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

15 by reason of ownership or control of 25 percent or 

16 more of the outstanding shares of any class of voting 

17 securities of one or more companies, directly or indi18 rectly, controls, is controlled by, or is under common 

19 control with, another company.’’. 

20 (b) This section shall be effective on the date of en21 actment of this Act. 

22 (RESCISSION)

23 SEC. 110. Of the funds made available under the 

24 heading ‘‘Employment and Training Administration– 

25 Training and Employment Services’’ in division H of PubMarch 21, 2018 (6:08 p.m.)
909 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 lic Law 115–31, $12,500,000 is rescinded, to be derived 

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

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

4 through September 30, 2018. 

5 SEC. 111. (a) FLEXIBILITY WITH RESPECT TO THE

6 CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE

7 SEAFOOD INDUSTRY.— 

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

9 a petition for H–2B nonimmigrants filed by an em10 ployer in the seafood industry is granted, the em11 ployer may bring the nonimmigrants described in 

12 the petition into the United States at any time dur13 ing the 120-day period beginning on the start date 

14 for which the employer is seeking the services of the 

15 nonimmigrants without filing another petition. 

16 (2) REQUIREMENTS FOR CROSSINGS AFTER

17 90TH DAY.—An employer in the seafood industry 

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

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

20 date for which the employer is seeking the services 

21 of the nonimmigrants unless the employer— 

22 (A) completes a new assessment of the 

23 local labor market by— 

24 (i) listing job orders in local news25 papers on 2 separate Sundays; and 

March 21, 2018 (6:08 p.m.)
910 

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1 (ii) posting the job opportunity on the 

2 appropriate Department of Labor Elec3 tronic Job Registry and at the employer’s 

4 place of employment; and 

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

6 qualified United States worker who— 

7 (i) applies for the job; and 

8 (ii) will be available at the time and 

9 place of need. 

10 (3) EXEMPTION FROM RULES WITH RESPECT

11 TO STAGGERING.—The Secretary of Labor shall not 

12 consider an employer in the seafood industry who 

13 brings H–2B nonimmigrants into the United States 

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

15 to be staggering the date of need in violation of sec16 tion 655.20(d) of title 20, Code of Federal Regula17 tions, or any other applicable provision of law. 

18 (b) H–2B NONIMMIGRANTS DEFINED.—In this sec19 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad20 mitted to the United States pursuant to section 

21 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 

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

23 SEC. 112. The determination of prevailing wage for 

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

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

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1 employees with similar experience and qualifications for 

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

3 wage level for the occupational classification of the posi4 tion in the geographic area in which the H–2B non5 immigrant will be employed, based on the best information 

6 available at the time of filing the petition. In the deter7 mination of prevailing wage for the purposes of the H– 

8 2B program, the Secretary shall accept private wage sur9 veys even in instances where Occupational Employment 

10 Statistics survey data are available unless the Secretary 

11 determines that the methodology and data in the provided 

12 survey are not statistically supported. 

13 SEC. 113. None of the funds in this Act shall be used 

14 to enforce the definition of corresponding employment 

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

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

17 thereto. Further, for the purpose of regulating admission 

18 of temporary workers under the H–2B program, the defi19 nition of temporary need shall be that provided in 8 CFR 

20 214.2(h)(6)(ii)(B). 

21 SEC. 114. Notwithstanding any other provision of 

22 law, the Secretary may furnish through grants, coopera23 tive agreements, contracts, and other arrangements, up to 

24 $2,000,000 of excess personal property to apprenticeship 

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1 programs for the purpose of training apprentices in those 

2 programs. 

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

4 under the heading ‘‘Department of Labor—Employment 

5 and Training Administration—State Unemployment In6 surance and Employment Service Operations’’ in title I 

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

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

9 SEC. 116. Section 5(b) of the HIRE Vets Act (divi10 sion O of Public Law 115–31) is amended to read as fol11 lows: 

12 ‘‘(b) To the extent provided in advance in appropria13 tions Acts, the Secretary may assess a reasonable fee on 

14 employers that apply for receipt of a HIRE Vets Medallion 

15 Award and the Secretary shall deposit such fees into the 

16 HIRE Vets Medallion Award Fund. The Secretary shall 

17 establish the amount of the fee such that the amounts col18 lected as fees and deposited into the Fund are sufficient 

19 to cover the costs associated with carrying out this divi20 sion.’’. 

21 SEC. 117. (a) The Act entitled ‘‘An Act to create a 

22 Department of Labor’’, approved March 4, 1913 (37 Stat. 

23 736, chapter 141) shall be applied as if the following text 

24 is part of such Act: 

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1 ‘‘SEC. 12. SECURITY DETAIL. 

2 ‘‘(a) IN GENERAL.—The Secretary of Labor is au3 thorized to employ law enforcement officers or special 

4 agents to— 

5 ‘‘(1) provide protection for the Secretary of 

6 Labor during the workday of the Secretary and dur7 ing any activity that is preliminary or postliminary 

8 to the performance of official duties by the Sec9 retary; 

10 ‘‘(2) provide protection, incidental to the protec11 tion provided to the Secretary, to a member of the 

12 immediate family of the Secretary who is partici13 pating in an activity or event relating to the official 

14 duties of the Secretary; 

15 ‘‘(3) provide continuous protection to the Sec16 retary (including during periods not described in 

17 paragraph (1)) and to the members of the imme18 diate family of the Secretary if there is a unique and 

19 articulable threat of physical harm, in accordance 

20 with guidelines established by the Secretary; and 

21 ‘‘(4) provide protection to the Deputy Secretary 

22 of Labor or another senior officer representing the 

23 Secretary of Labor at a public event if there is a 

24 unique and articulable threat of physical harm, in 

25 accordance with guidelines established by the Sec26 retary. 

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1 ‘‘(b) AUTHORITIES.—The Secretary of Labor may 

2 authorize a law enforcement officer or special agent em3 ployed under subsection (a), for the purpose of performing 

4 the duties authorized under subsection (a), to— 

5 ‘‘(1) carry firearms; 

6 ‘‘(2) make arrests without a warrant for any of7 fense against the United States committed in the 

8 presence of such officer or special agent; 

9 ‘‘(3) perform protective intelligence work, in10 cluding identifying and mitigating potential threats 

11 and conducting advance work to review security mat12 ters relating to sites and events; 

13 ‘‘(4) coordinate with local law enforcement 

14 agencies; and 

15 ‘‘(5) initiate criminal and other investigations 

16 into potential threats to the security of the Sec17 retary, in coordination with the Inspector General of 

18 the Department of Labor. 

19 ‘‘(c) COMPLIANCE WITH GUIDELINES.—A law en20 forcement officer or special agent employed under sub21 section (a) shall exercise any authority provided under this 

22 section in accordance with any— 

23 ‘‘(1) guidelines issued by the Attorney General; 

24 and 

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1 ‘‘(2) guidelines prescribed by the Secretary of 

2 Labor.’’. 

3 (b) This section shall be effective on the date of en4 actment of this Act. 

5 SEC. 118. The Secretary is authorized to dispose of 

6 or divest, by any means the Secretary determines appro7 priate, including an agreement or partnership to construct 

8 a new Job Corps center, all or a portion of the real prop9 erty on which the Treasure Island Job Corps Center is 

10 situated. Any sale or other disposition will not be subject 

11 to any requirement of any Federal law or regulation relat12 ing to the disposition of Federal real property, including 

13 but not limited to Subchapter III of Chapter 5 of Title 

14 40 of the United States Code and Subchapter V of Chap15 ter 119 of Title 42 of the United States Code. The net 

16 proceeds of such a sale shall be transferred to the Sec17 retary, which shall be available until expended to carry out 

18 the Job Corps Program. 

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

20 Appropriations Act, 2018’’. 

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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, $1,626,522,000: 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 $114,893,000 shall be available until expended for car14 rying out subsections (g) through (n) and (q) of section 

15 224 of the PHS Act, and for expenses incurred by the 

16 Department of Health and Human Services (referred to 

17 in this Act as ‘‘HHS’’) pertaining to administrative claims 

18 made under such law: Provided further, That the ninth 

19 provisos under the heading ‘‘Department of Health and 

20 Human Services—Health Resources and Services Admin21 istration—Health Resources and Services’’ in Public Laws 

22 104–208 and 105–78 are amended by striking 

23 ‘‘$80,000,000’’ and inserting ‘‘$152,700,000’’ in each 

24 such ninth proviso and by adding at the end of each such 

25 ninth proviso the following new proviso: ‘‘Provided further, 

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1 That such costs, including the cost of modifying such 

2 loans, shall be as defined in section 502 of the Congres3 sional Budget Act of 1974:’’: Provided further, That of 

4 funds provided for the Health Centers program, as defined 

5 by section 330 of the PHS Act, by this Act or any other 

6 Act for fiscal year 2018, not less than $200,000,000 shall 

7 be obligated in fiscal year 2018 for improving quality of 

8 care or expanded service grants under section 330 of the 

9 PHS Act to support and enhance behavioral health, men10 tal health, or substance use disorder services. 

11 Of the funds made available under this heading, 

12 $20,000,000 shall remain available until expended for the 

13 cost of guaranteed loans, as authorized under part A of 

14 title XVI of the PHS Act, for non-Federal lenders for the 

15 construction, renovation, and modernization of medical fa16 cilities that are operated by health centers: Provided, That 

17 such costs, including the cost of modifying such loans, 

18 shall be as defined in section 502 of the Congressional 

19 Budget Act of 1974: Provided further, That such funds 

20 are available to subsidize total loan principal, any part of 

21 which is to be guaranteed, not to exceed $743,494,000. 

22 HEALTH WORKFORCE

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

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

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

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1 Quality Improvement Act of 1986, $1,060,695,000, of 

2 which $111,916,000 shall remain available through Sep3 tember 30, 2019 to carry out sections 755 and 756 of 

4 the PHS Act: Provided, That sections 747(c)(2), 

5 751(j)(2), 762(k), and the proportional funding amounts 

6 in paragraphs (1) through (4) of section 756(f) of the 

7 PHS Act shall not apply to funds made available under 

8 this heading: Provided further, That for any program oper9 ating under section 751 of the PHS Act on or before Jan10 uary 1, 2009, the Secretary of Health and Human Serv11 ices (referred to in this title as the ‘‘Secretary’’) may here12 after waive any of the requirements contained in sections 

13 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full 

14 project period of a grant under such section: Provided fur15 ther, That no funds shall be available for section 340G– 

16 1 of the PHS Act: Provided further, That fees collected 

17 for the disclosure of information under section 427(b) of 

18 the Health Care Quality Improvement Act of 1986 and 

19 sections 1128E(d)(2) and 1921 of the Social Security Act 

20 shall be sufficient to recover the full costs of operating 

21 the programs authorized by such sections and shall remain 

22 available until expended for the National Practitioner 

23 Data Bank: Provided further, That funds transferred to 

24 this account to carry out section 846 and subpart 3 of 

25 part D of title III of the PHS Act may be used to make 

March 21, 2018 (6:08 p.m.)
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1 prior year adjustments to awards made under such sec2 tions: Provided further, That $105,000,000 shall remain 

3 available until expended, for the purposes of providing pri4 mary health services, be used to assign National Health 

5 Service Corps (‘‘NHSC’’) members to expand the delivery 

6 of substance use disorder treatment services, notwith7 standing the assignment priorities and limitations in or 

8 under sections 333(a)(1)(D), 333(b), and 

9 333A(a)(1)(B)(ii) of the PHS Act, and to make NHSC 

10 Loan Repayment Program awards under section 338B of 

11 such Act: Provided further, That for purposes of the pre12 vious proviso, section 331(a)(3)(D) of the PHS Act shall 

13 be applied as if the term ‘‘primary health services’’ in14 cludes clinical substance use disorder treatment services, 

15 including those provided by masters level, licensed sub16 stance use disorder treatment counselors. 

17 MATERNAL AND CHILD HEALTH

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

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

20 V of the Social Security Act, and section 712 of the Amer21 ican Jobs Creation Act of 2004, $886,789,000, of which 

22 $10,000,000 shall remain available through September 

23 30, 2022 to carry out section 330M of the PHS Act: Pro24 vided, That notwithstanding sections 502(a)(1) and 

25 502(b)(1) of the Social Security Act, not more than 

March 21, 2018 (6:08 p.m.)
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1 $83,593,000 shall be available for carrying out special 

2 projects of regional and national significance pursuant to 

3 section 501(a)(2) of such Act and $10,276,000 shall be 

4 available for projects described in subparagraphs (A) 

5 through (F) of section 501(a)(3) of such Act. 

6 RYAN WHITE HIV/AIDS PROGRAM

7 For carrying out title XXVI of the PHS Act with 

8 respect to the Ryan White HIV/AIDS program, 

9 $2,318,781,000, of which $1,970,881,000 shall remain 

10 available to the Secretary through September 30, 2020, 

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

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

13 AIDS Drug Assistance Programs under the authority of 

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

15 HEALTH CARE SYSTEMS

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

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

18 Therapeutic and Research Act of 2005, $111,693,000, of 

19 which $122,000 shall be available until expended for facili20 ties renovations at the Gillis W. Long Hansen’s Disease 

21 Center. 

22 RURAL HEALTH

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

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

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

March 21, 2018 (6:08 p.m.)
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1 711 and 1820 of the Social Security Act, $290,794,000, 

2 of which $49,609,000 from general revenues, notwith3 standing section 1820(j) of the Social Security Act, shall 

4 be available for carrying out the Medicare rural hospital 

5 flexibility grants program: Provided, That of the funds 

6 made available under this heading for Medicare rural hos7 pital flexibility grants, $15,942,000 shall be available for 

8 the Small Rural Hospital Improvement Grant Program 

9 for quality improvement and adoption of health informa10 tion technology and up to $1,000,000 shall be to carry 

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

12 funds provided for grants under section 1820(g)(6) avail13 able for the purchase and implementation of telehealth 

14 services, including pilots and demonstrations on the use 

15 of electronic health records to coordinate rural veterans 

16 care between rural providers and the Department of Vet17 erans Affairs electronic health record system: Provided 

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

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

20 Rural Health: Provided further, That $15,000,000 shall 

21 remain available through September 30, 2020 to support 

22 the Rural Residency Development Program: Provided fur23 ther, That $100,000,000 shall remain available through 

24 September 30, 2022, for the Rural Communities Opioids 

25 Response Program. 

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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. 

12 PROGRAM MANAGEMENT

13 For program support in the Health Resources and 

14 Services Administration, $155,000,000: Provided, That 

15 funds made available under this heading may be used to 

16 supplement program support funding provided under the 

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

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

19 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

20 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

21 For payments from the Vaccine Injury Compensation 

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

23 may be necessary for claims associated with vaccine-re24 lated injury or death with respect to vaccines administered 

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

March 21, 2018 (6:08 p.m.)
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1 XXI of the PHS Act, to remain available until expended: 

2 Provided, That for necessary administrative expenses, not 

3 to exceed $9,200,000 shall be available from the Trust 

4 Fund to the Secretary. 

5 CENTERS FOR DISEASE CONTROL AND PREVENTION

6 IMMUNIZATION AND RESPIRATORY DISEASES

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

8 section 2821 of the PHS Act, titles II and IV of the Immi9 gration and Nationality Act, and section 501 of the Ref10 ugee Education Assistance Act, with respect to immuniza11 tion and respiratory diseases, $474,055,000. 

12 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

13 DISEASES, AND TUBERCULOSIS PREVENTION

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

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

16 sexually transmitted diseases, and tuberculosis prevention, 

17 $1,127,278,000. 

18 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

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

20 2821 of the PHS Act, titles II and IV of the Immigration 

21 and Nationality Act, and section 501 of the Refugee Edu22 cation Assistance Act, with respect to emerging and 

23 zoonotic infectious diseases, $562,572,000. 

March 21, 2018 (6:08 p.m.)
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1 CHRONIC DISEASE PREVENTION AND HEALTH

2 PROMOTION

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

4 XIX of the PHS Act with respect to chronic disease pre5 vention and health promotion, $915,346,000: Provided, 

6 That funds appropriated under this account may be avail7 able for making grants under section 1509 of the PHS 

8 Act for not less than 21 States, tribes, or tribal organiza9 tions: Provided further, That of the funds made available 

10 under this heading, $15,000,000 shall be available to con11 tinue and expand community specific extension and out12 reach programs to combat obesity in counties with the 

13 highest levels of obesity: Provided further, That the pro14 portional funding requirements under section 1503(a) of 

15 the PHS Act shall not apply to funds made available 

16 under this heading. 

17 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

18 DISABILITIES AND HEALTH

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

20 PHS Act with respect to birth defects, developmental dis21 abilities, disabilities and health, $140,560,000. 

22 PUBLIC HEALTH SCIENTIFIC SERVICES

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

24 Act with respect to health statistics, surveillance, health 

25 informatics, and workforce development, $490,397,000. 

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1 ENVIRONMENTAL HEALTH

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

3 Act with respect to environmental health, $188,750,000. 

4 INJURY PREVENTION AND CONTROL

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

6 Act with respect to injury prevention and control, 

7 $648,559,000, of which $475,579,000 shall remain avail8 able until September 30, 2019 for an evidence-based 

9 opioid drug overdose prevention program. 

10 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

11 HEALTH

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

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

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

15 of the Mine Improvement and New Emergency Response 

16 Act, and sections 20, 21, and 22 of the Occupational Safe17 ty and Health Act, with respect to occupational safety and 

18 health, $335,200,000. 

19 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

20 COMPENSATION PROGRAM

21 For necessary expenses to administer the Energy 

22 Employees Occupational Illness Compensation Program 

23 Act, $55,358,000, to remain available until expended: Pro24 vided, That this amount shall be available consistent with 

March 21, 2018 (6:08 p.m.)
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1 the provision regarding administrative expenses in section 

2 151(b) of division B, title I of Public Law 106–554. 

3 GLOBAL HEALTH

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

5 Act with respect to global health, $488,621,000, of which 

6 (1) $128,421,000 shall remain available through Sep7 tember 30, 2019 for international HIV/AIDS and (2) 

8 $50,000,000 shall remain available through September 

9 30, 2020 for Global Disease Detection and Emergency Re10 sponse: Provided, That funds may be used for purchase 

11 and insurance of official motor vehicles in foreign coun12 tries. 

13 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

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

15 Act with respect to public health preparedness and re16 sponse, and for expenses necessary to support activities 

17 related to countering potential biological, nuclear, radio18 logical, and chemical threats to civilian populations, 

19 $1,450,000,000, of which $610,000,000 shall remain 

20 available until expended for the Strategic National Stock21 pile: Provided, That in the event the Director of the Cen22 ters for Disease Control and Prevention (referred to in 

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

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

25 without reimbursement for up to 90 days to support the 

March 21, 2018 (6:08 p.m.)
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1 work of the CDC Emergency Operations Center, so long 

2 as the Director provides a notice to the Committees on 

3 Appropriations of the House of Representatives and the 

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

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

6 which includes the number of staff and funding level bro7 ken down by the originating center and number of days 

8 detailed: Provided further, That funds appropriated under 

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

10 operation and maintenance of an aircraft in direct support 

11 of activities throughout CDC to ensure the agency is pre12 pared to address public health preparedness emergencies. 

13 BUILDINGS AND FACILITIES

14 (INCLUDING TRANSFER OF FUNDS)

15 For acquisition of real property, equipment, construc16 tion, demolition, and renovation of facilities, 

17 $270,000,000, which shall remain available until Sep18 tember 30, 2022, of which $240,000,000 shall be for a 

19 CDC biosafety level 4 laboratory: Provided, That in addi20 tion to the amount provided, $240,000,000 shall be for 

21 a CDC biosafety level 4 laboratory for the purposes de22 scribed in the previous proviso and shall be derived by 

23 transfer from the Fund established by Public Law 110– 

24 161, division G, title II, section 223 and shall remain 

25 available until September 30, 2022: Provided further, That 

March 21, 2018 (6:08 p.m.)
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1 funds previously set-aside by CDC for repair and upgrade 

2 of the Lake Lynn Experimental Mine and Laboratory 

3 shall be used to acquire a replacement mine safety re4 search facility: Provided further, That in addition, the 

5 prior year unobligated balance of any amounts assigned 

6 to former employees in accounts of CDC made available 

7 for Individual Learning Accounts shall be credited to and 

8 merged with the amounts made available under this head9 ing to support the replacement of the mine safety research 

10 facility. 

11 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

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

13 section 2821 of the PHS Act and for cross-cutting activi14 ties and program support for activities funded in other 

15 appropriations included in this Act for the Centers for 

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

17 That paragraphs (1) through (3) of subsection (b) of sec18 tion 2821 of the PHS Act shall not apply to funds appro19 priated under this heading and in all other accounts of 

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

21 Public Health Service, both civilian and commissioned of22 ficers, detailed to States, municipalities, or other organiza23 tions under authority of section 214 of the PHS Act, or 

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

25 employees for reporting purposes only and shall not be inMarch 21, 2018 (6:08 p.m.)
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1 cluded within any personnel ceiling applicable to the Agen2 cy, Service, or HHS during the period of detail or assign3 ment: Provided further, That CDC may use up to $10,000 

4 from amounts appropriated to CDC in this Act for official 

5 reception and representation expenses when specifically 

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

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

8 user fees, which shall be credited to the appropriation 

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

10 respect to the previous proviso, authorized user fees from 

11 the Vessel Sanitation Program and the Respirator Certifi12 cation Program shall be available through September 30, 

13 2019. 

14 NATIONAL INSTITUTES OF HEALTH

15 NATIONAL CANCER INSTITUTE

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

17 Act with respect to cancer, $5,664,800,000, of which up 

18 to $30,000,000 may be used for facilities repairs and im19 provements at the National Cancer Institute—Frederick 

20 Federally Funded Research and Development Center in 

21 Frederick, Maryland. 

22 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

24 Act with respect to cardiovascular, lung, and blood dis25 eases, and blood and blood products, $3,383,201,000. 

March 21, 2018 (6:08 p.m.)
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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 $447,735,000. 

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, $1,970,797,000. 

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 $2,145,149,000: Provided, That $250,000,000 shall be 

16 available until September 30, 2019 for research related 

17 to opioid addiction, development of opioid alternatives, 

18 pain management, and addiction treatment: Provided fur19 ther, That each for-profit recipient of funds provided in 

20 the previous proviso shall be subject to a matching re21 quirement of funds or documented in-kind contributions 

22 of not less than 50 percent of the total funds awarded 

23 to such entity. 

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1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

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

4 Act with respect to allergy and infectious diseases, 

5 $5,260,210,000. 

6 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

8 Act with respect to general medical sciences, 

9 $2,785,400,000, of which $922,871,000 shall be from 

10 funds available under section 241 of the PHS Act: Pro11 vided, That not less than $350,575,000 is provided for 

12 the Institutional Development Awards program. 

13 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

14 CHILD HEALTH AND HUMAN DEVELOPMENT

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

16 Act with respect to child health and human development, 

17 $1,452,006,000. 

18 NATIONAL EYE INSTITUTE

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

20 Act with respect to eye diseases and visual disorders, 

21 $772,317,000. 

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1 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

2 SCIENCES

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

4 Act with respect to environmental health sciences, 

5 $751,143,000. 

6 NATIONAL INSTITUTE ON AGING

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

8 Act with respect to aging, $2,574,091,000. 

9 NATIONAL INSTITUTE OF ARTHRITIS AND

10 MUSCULOSKELETAL AND SKIN DISEASES

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

12 Act with respect to arthritis and musculoskeletal and skin 

13 diseases, $586,661,000. 

14 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

15 COMMUNICATION DISORDERS

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

17 Act with respect to deafness and other communication dis18 orders, $459,974,000. 

19 NATIONAL INSTITUTE OF NURSING RESEARCH

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

21 Act with respect to nursing research, $158,033,000. 

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1 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

2 ALCOHOLISM

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

4 Act with respect to alcohol abuse and alcoholism, 

5 $509,573,000. 

6 NATIONAL INSTITUTE ON DRUG ABUSE

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

8 Act with respect to drug abuse, $1,383,603,000: Provided, 

9 That $250,000,000 shall be available until September 30, 

10 2019 for research related to opioid addiction, development 

11 of opioid alternatives, pain management, and addiction 

12 treatment: Provided further, That each for-profit recipient 

13 of funds provided in the previous proviso shall be subject 

14 to a matching requirement of funds or documented in-kind 

15 contributions of not less than 50 percent of the total funds 

16 awarded to such entity. 

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, $1,711,775,000. 

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 $556,881,000. 

March 21, 2018 (6:08 p.m.)
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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, $377,871,000. 

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 $142,184,000. 

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, $303,200,000. 

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), $75,733,000. 

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 $428,553,000: 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 

March 21, 2018 (6:08 p.m.)
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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, $742,354,000: 

10 Provided, That up to $25,835,000 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 $542,771,000 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, $1,803,293,000: 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 $165,000,000 shall be for the National Chil24 dren’s Study Follow-on: Provided further, That 

25 $588,116,000 shall be available for the Common Fund esMarch 21, 2018 (6:08 p.m.)
936 

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1 tablished under section 402A(c)(1) of the PHS Act: Pro2 vided further, That of the funds provided, $10,000 shall 

3 be for official reception and representation expenses when 

4 specifically approved by the Director of the NIH: Provided 

5 further, That the Office of AIDS Research within the Of6 fice of the Director of the NIH may spend up to 

7 $8,000,000 to make grants for construction or renovation 

8 of facilities as provided for in section 2354(a)(5)(B) of the 

9 PHS Act. 

10 In addition to other funds appropriated for the Com11 mon Fund established under section 402A(c) of the PHS 

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

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

14 of the PHS Act (relating to pediatric research), as author15 ized in the Gabriella Miller Kids First Research Act. 

16 BUILDINGS AND FACILITIES

17 For the study of, construction of, demolition of, ren18 ovation of, and acquisition of equipment for, facilities of 

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

20 $128,863,000, to remain available through September 30, 

21 2022. 

22 NIH INNOVATION ACCOUNT, CURES ACT

23 For necessary expenses to carry out the purposes de24 scribed in section 1001(b)(4) of the 21st Century Cures 

25 Act, in addition to amounts available for such purposes 

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1 in the appropriations provided to the NIH in this Act, 

2 $496,000,000, to remain available until expended: Pro3 vided, That such amounts are appropriated pursuant to 

4 section 1001(b)(3) of such Act, are to be derived from 

5 amounts transferred under section 1001(b)(2)(A) of such 

6 Act, and may be transferred by the Director of the Na7 tional Institutes of Health to other accounts of the Na8 tional Institutes of Health solely for the purposes provided 

9 in such Act: Provided further, That upon a determination 

10 by the Director that funds transferred pursuant to the 

11 previous proviso are not necessary for the purposes pro12 vided, such amounts may be transferred back to the Ac13 count: Provided further, That the transfer authority pro14 vided under this heading is in addition to any other trans15 fer authority provided by law. 

16 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

17 ADMINISTRATION

18 MENTAL HEALTH

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

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

21 Advocacy for Individuals with Mental Illness Act, 

22 $1,453,972,000: Provided, That notwithstanding section 

23 520A(f)(2) of the PHS Act, no funds appropriated for car24 rying out section 520A shall be available for carrying out 

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

March 21, 2018 (6:08 p.m.)
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1 addition to amounts provided herein, $21,039,000 shall be 

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

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

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

5 collection and evaluation activities, and further that the 

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

7 shall not exceed 5 percent of the amounts appropriated 

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

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

10 out the Children’s Mental Health Services program may 

11 be used to carry out demonstration grants or contracts 

12 for early interventions with persons not more than 25 

13 years of age at clinical high risk of developing a first epi14 sode of psychosis: Provided further, That section 

15 520E(b)(2) of the PHS Act shall not apply to funds ap16 propriated in this Act for fiscal year 2018: Provided fur17 ther, That States shall expend at least 10 percent of the 

18 amount each receives for carrying out section 1911 of the 

19 PHS Act to support evidence-based programs that address 

20 the needs of individuals with early serious mental illness, 

21 including psychotic disorders, regardless of the age of the 

22 individual at onset: Provided further, That $100,000,000 

23 shall be available until September 30, 2020 for grants to 

24 communities and community organizations who meet cri25 teria for Certified Community Behavioral Health Clinics 

March 21, 2018 (6:08 p.m.)
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1 pursuant to section 223(a) of Public Law 113-93: Pro2 vided further, That none of the funds provided for section 

3 1911 of the PHS Act shall be subject to section 241 of 

4 such Act: Provided further, That of the funds made avail5 able under this heading, $15,000,000 shall be to carry out 

6 section 224 of the Protecting Access to Medicare Act of 

7 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note). 

8 SUBSTANCE ABUSE TREATMENT

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

10 with respect to substance abuse treatment and title XIX 

11 of such Act with respect to substance abuse treatment and 

12 prevention, $3,182,306,000: Provided, That 

13 $1,000,000,000 shall be for State Opioid Response Grants 

14 for carrying out activities pertaining to opioids undertaken 

15 by the State agency responsible for administering the sub16 stance abuse prevention and treatment block grant under 

17 subpart II of part B of title XIX of the PHS Act (42 

18 U.S.C. 300x–21 et seq.): Provided further, That of such 

19 amount $50,000,000 shall be made available to Indian 

20 Tribes or tribal organizations: Provided further, That 15 

21 percent of the remaining amount shall be for the States 

22 with the highest mortality rate related to opioid use dis23 orders: Provided further, That of the amounts provided for 

24 State Opioid Response Grants not more than 2 percent 

25 shall be available for Federal administrative expenses, 

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1 training, technical assistance, and evaluation: Provided 

2 further, That of the amount not reserved by the previous 

3 three provisos, the Secretary shall make allocations to 

4 States, territories, and the District of Columbia according 

5 to a formula using national survey results that the Sec6 retary determines are the most objective and reliable 

7 measure of drug use and drug-related deaths: Provided 

8 further, That the Secretary shall submit the formula meth9 odology to the Committees on Appropriations of the House 

10 of Representatives and the Senate not less than 30 days 

11 prior to publishing a Funding Opportunity Announce12 ment: Provided further, That prevention and treatment ac13 tivities funded through such grants may include education, 

14 treatment (including the provision of medication), behav15 ioral health services for individuals in treatment programs, 

16 referral to treatment services, recovery support, and med17 ical screening associated with such treatment: Provided 

18 further, That each State, as well as the District of Colum19 bia, shall receive not less than $4,000,000: Provided fur20 ther, That in addition to amounts provided herein, the fol21 lowing amounts shall be available under section 241 of the 

22 PHS Act: (1) $79,200,000 to carry out subpart II of part 

23 B of title XIX of the PHS Act to fund section 1935(b) 

24 technical assistance, national data, data collection and 

25 evaluation activities, and further that the total available 

March 21, 2018 (6:08 p.m.)
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1 under this Act for section 1935(b) activities shall not ex2 ceed 5 percent of the amounts appropriated for subpart 

3 II of part B of title XIX; and (2) $2,000,000 to evaluate 

4 substance abuse treatment programs: Provided further, 

5 That none of the funds provided for section 1921 of the 

6 PHS Act or State Opioid Response Grants shall be subject 

7 to section 241 of such Act. 

8 SUBSTANCE ABUSE PREVENTION

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

10 with respect to substance abuse prevention, $248,219,000. 

11 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

12 For program support and cross-cutting activities that 

13 supplement activities funded under the headings ‘‘Mental 

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

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

16 of the PHS Act and the Protection and Advocacy for Indi17 viduals with Mental Illness Act in the Substance Abuse 

18 and Mental Health Services Administration, 

19 $128,830,000: Provided, That in addition to amounts pro20 vided herein, $31,428,000 shall be available under section 

21 241 of the PHS Act to supplement funds available to 

22 carry out national surveys on drug abuse and mental 

23 health, to collect and analyze program data, and to con24 duct public awareness and technical assistance activities: 

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

March 21, 2018 (6:08 p.m.)
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1 for the costs of publications, data, data tabulations, and 

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

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

4 shall be credited to this appropriation and shall remain 

5 available until expended for such purposes: Provided fur6 ther, That amounts made available in this Act for carrying 

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

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

9 made available under this heading may be used to supple10 ment program support funding provided under the head11 ings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, 

12 and ‘‘Substance Abuse Prevention’’. 

13 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

14 HEALTHCARE RESEARCH AND QUALITY

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

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

17 1013 of the Medicare Prescription Drug, Improvement, 

18 and Modernization Act of 2003, $334,000,000: Provided, 

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

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

21 amounts received from Freedom of Information Act fees, 

22 reimbursable and interagency agreements, and the sale of 

23 data shall be credited to this appropriation and shall re24 main available until September 30, 2019. 

March 21, 2018 (6:08 p.m.)
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1 CENTERS FOR MEDICARE AND MEDICAID SERVICES

2 GRANTS TO STATES FOR MEDICAID

3 For carrying out, except as otherwise provided, titles 

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

5 to remain available until expended. 

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

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

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

9 the last quarter of fiscal year 2018 for unanticipated costs 

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

11 necessary. 

12 For making payments to States or in the case of sec13 tion 1928 on behalf of States under title XIX of the Social 

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

15 $134,847,759,000, to remain available until expended. 

16 Payment under such title XIX may be made for any 

17 quarter with respect to a State plan or plan amendment 

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

19 such quarter and approved in that or any subsequent 

20 quarter. 

21 PAYMENTS TO HEALTH CARE TRUST FUNDS

22 For payment to the Federal Hospital Insurance 

23 Trust Fund and the Federal Supplementary Medical In24 surance Trust Fund, as provided under sections 217(g), 

25 1844, and 1860D–16 of the Social Security Act, sections 

March 21, 2018 (6:08 p.m.)
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1 103(c) and 111(d) of the Social Security Amendments of 

2 1965, section 278(d)(3) of Public Law 97–248, and for 

3 administrative expenses incurred pursuant to section 

4 201(g) of the Social Security Act, $323,497,300,000. 

5 In addition, for making matching payments under 

6 section 1844 and benefit payments under section 1860D– 

7 16 of the Social Security Act that were not anticipated 

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

9 PROGRAM MANAGEMENT

10 For carrying out, except as otherwise provided, titles 

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

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

13 Improvement Amendments of 1988, and other responsibil14 ities of the Centers for Medicare and Medicaid Services, 

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

16 Federal Hospital Insurance Trust Fund and the Federal 

17 Supplementary Medical Insurance Trust Fund, as author18 ized by section 201(g) of the Social Security Act; together 

19 with all funds collected in accordance with section 353 of 

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

21 Act, funds retained by the Secretary pursuant to section 

22 1893(h) of the Social Security Act, and such sums as may 

23 be collected from authorized user fees and the sale of data, 

24 which shall be credited to this account and remain avail25 able until expended: Provided, That all funds derived in 

March 21, 2018 (6:08 p.m.)
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1 accordance with 31 U.S.C. 9701 from organizations estab2 lished under title XIII of the PHS Act shall be credited 

3 to and available for carrying out the purposes of this ap4 propriation: Provided further, That the Secretary is di5 rected to collect fees in fiscal year 2018 from Medicare 

6 Advantage organizations pursuant to section 1857(e)(2) 

7 of the Social Security Act and from eligible organizations 

8 with risk-sharing contracts under section 1876 of that Act 

9 pursuant to section 1876(k)(4)(D) of that Act. 

10 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

11 In addition to amounts otherwise available for pro12 gram integrity and program management, $745,000,000, 

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

14 transferred from the Federal Hospital Insurance Trust 

15 Fund and the Federal Supplementary Medical Insurance 

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

17 Security Act, of which $500,368,000 shall be for the Medi18 care Integrity Program at the Centers for Medicare and 

19 Medicaid Services, including administrative costs, to con20 duct oversight activities for Medicare Advantage under 

21 Part C and the Medicare Prescription Drug Program 

22 under Part D of the Social Security Act and for activities 

23 described in section 1893(b) of such Act, of which 

24 $84,398,000 shall be for the Department of Health and 

25 Human Services Office of Inspector General to carry out 

March 21, 2018 (6:08 p.m.)
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1 fraud and abuse activities authorized by section 

2 1817(k)(3) of such Act, of which $84,398,000 shall be for 

3 the Medicaid and Children’s Health Insurance Program 

4 (‘‘CHIP’’) program integrity activities, and of which 

5 $75,836,000 shall be for the Department of Justice to 

6 carry out fraud and abuse activities authorized by section 

7 1817(k)(3) of such Act: Provided, That the report re8 quired by section 1817(k)(5) of the Social Security Act 

9 for fiscal year 2018 shall include measures of the oper10 ational efficiency and impact on fraud, waste, and abuse 

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

12 funds provided by this appropriation: Provided further, 

13 That of the amount provided under this heading, 

14 $311,000,000 is provided to meet the terms of section 

15 251(b)(2)(C)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985, as amended, and 

17 $434,000,000 is additional new budget authority specified 

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

19 further, That the Secretary shall provide not less than 

20 $17,621,000 for the Senior Medicare Patrol program to 

21 combat health care fraud and abuse from the funds pro22 vided to this account. 

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1 ADMINISTRATION FOR CHILDREN AND FAMILIES

2 PAYMENTS TO STATES FOR CHILD SUPPORT

3 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

4 For carrying out, except as otherwise provided, titles 

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

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

7 available until expended; and for such purposes for the 

8 first quarter of fiscal year 2019, $1,400,000,000, to re9 main available until expended. 

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

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

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

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

14 year for unanticipated costs, incurred for the current fiscal 

15 year, such sums as may be necessary. 

16 LOW INCOME HOME ENERGY ASSISTANCE

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

18 of section 2602 of the Low Income Home Energy Assist19 ance Act of 1981, $3,640,304,000: Provided, That all but 

20 $678,500,000 of this amount shall be allocated as though 

21 the total appropriation for such payments for fiscal year 

22 2018 was less than $1,975,000,000: Provided further, 

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

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

25 $2,988,000 of such amounts may be reserved by the SecMarch 21, 2018 (6:08 p.m.)
948 

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1 retary for technical assistance, training, and monitoring 

2 of program activities for compliance with internal controls, 

3 policies and procedures and may, in addition to the au4 thorities provided in section 2609A(a)(1), use such funds 

5 through contracts with private entities that do not qualify 

6 as nonprofit organizations. 

7 REFUGEE AND ENTRANT ASSISTANCE

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses for refugee and entrant as10 sistance activities authorized by section 414 of the Immi11 gration and Nationality Act and section 501 of the Ref12 ugee Education Assistance Act of 1980, and for carrying 

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

14 section 235 of the William Wilberforce Trafficking Victims 

15 Protection Reauthorization Act of 2008, the Trafficking 

16 Victims Protection Act of 2000 (‘‘TVPA’’), and the Tor17 ture Victims Relief Act of 1998, $1,864,936,000, of which 

18 $1,830,446,000 shall remain available through September 

19 30, 2020 for carrying out such sections 414, 501, 462, 

20 and 235: Provided, That amounts available under this 

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

22 research and evaluation with respect to activities under 

23 such Act: Provided further, That the limitation in section 

24 205 of this Act regarding transfers increasing any approMarch 21, 2018 (6:08 p.m.)
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1 priation shall apply to transfers to appropriations under 

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

3 PAYMENTS TO STATES FOR THE CHILD CARE AND

4 DEVELOPMENT BLOCK GRANT

5 For carrying out the Child Care and Development 

6 Block Grant Act of 1990 (‘‘CCDBG Act’’), 

7 $5,226,000,000 shall be used to supplement, not supplant 

8 State general revenue funds for child care assistance for 

9 low-income families: Provided, That technical assistance 

10 under section 658I(a)(3) of such Act may be provided di11 rectly, or through the use of contracts, grants, cooperative 

12 agreements, or interagency agreements: Provided further, 

13 That all funds made available to carry out section 418 

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

15 funds appropriated for that purpose in such section 418 

16 or any other provision of law, shall be subject to the res17 ervation of funds authority in paragraphs (4) and (5) of 

18 section 658O(a) of the CCDBG Act: Provided further, 

19 That in addition to the amounts required to be reserved 

20 by the Secretary under section 658O(a)(2)(A) of such Act, 

21 $156,780,000 shall be for Indian tribes and tribal organi22 zations. 

23 SOCIAL SERVICES BLOCK GRANT

24 For making grants to States pursuant to section 

25 2002 of the Social Security Act, $1,700,000,000: ProMarch 21, 2018 (6:08 p.m.)
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1 vided, That notwithstanding subparagraph (B) of section 

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

3 under such subparagraph for a State to carry out State 

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

5 percent. 

6 CHILDREN AND FAMILIES SERVICES PROGRAMS

7 For carrying out, except as otherwise provided, the 

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

9 the Every Student Succeeds Act, the Child Abuse Preven10 tion and Treatment Act, sections 303 and 313 of the 

11 Family Violence Prevention and Services Act, the Native 

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

13 Abuse Prevention and Treatment and Adoption Reform 

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

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

16 of the Social Security Act, and the Community Services 

17 Block Grant Act (‘‘CSBG Act’’); and for necessary admin18 istrative expenses to carry out titles I, IV, V, X, XI, XIV, 

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

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

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

22 Act of 1990, the Assets for Independence Act, title IV of 

23 the Immigration and Nationality Act, and section 501 of 

24 the Refugee Education Assistance Act of 1980, 

25 $12,022,225,000, of which $75,000,000, to remain availMarch 21, 2018 (6:08 p.m.)
951 

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1 able through September 30, 2019, shall be for grants to 

2 States for adoption and legal guardianship incentive pay3 ments, as defined by section 473A of the Social Security 

4 Act and may be made for adoptions and legal 

5 guardianships completed before September 30, 2018: Pro6 vided, That $9,863,095,000 shall be for making payments 

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

8 amount in the previous proviso, $8,823,095,000 shall be 

9 available for payments under section 640 of the Head 

10 Start Act, of which $216,000,000 shall be available for 

11 a cost of living adjustment notwithstanding section 

12 640(a)(3)(A) of such Act: Provided further, That notwith13 standing such section 640, of the amount in the second 

14 preceding proviso, $260,000,000 (of which up to one per15 cent may be reserved for research and evaluation) shall 

16 be available through March 31, 2019 for award by the 

17 Secretary to grantees that apply for supplemental funding 

18 to increase their hours of program operations and for 

19 training and technical assistance for such activities: Pro20 vided further, That of the amount provided for making 

21 payments under the Head Start Act, $25,000,000 shall 

22 be available for allocation by the Secretary to supplement 

23 activities described in paragraphs (7)(B) and (9) of sec24 tion 641(c) of such Act under the Designation Renewal 

25 System, established under the authority of sections 

March 21, 2018 (6:08 p.m.)
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1 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Pro2 vided further, That notwithstanding such section 640, of 

3 the amount provided for making payments under the 

4 Head Start Act, and in addition to funds otherwise avail5 able under such section 640 for such purposes, 

6 $755,000,000 shall be available through March 31, 2019 

7 for Early Head Start programs as described in section 

8 645A of such Act, for conversion of Head Start services 

9 to Early Head Start services as described in section 

10 645(a)(5)(A) of such Act, for discretionary grants for high 

11 quality infant and toddler care through Early Head Start12 Child Care Partnerships, to entities defined as eligible 

13 under section 645A(d) of such Act, for training and tech14 nical assistance for such activities, and for up to 

15 $16,000,000 in Federal costs of administration and eval16 uation, and, notwithstanding section 645A(c)(2) of such 

17 Act, these funds are available to serve children under age 

18 4: Provided further, That funds described in the preceding 

19 two provisos shall not be included in the calculation of 

20 ‘‘base grant’’ in subsequent fiscal years, as such term is 

21 used in section 640(a)(7)(A) of such Act: Provided further, 

22 That $250,000,000 shall be available until December 31, 

23 2018 for carrying out sections 9212 and 9213 of the 

24 Every Student Succeeds Act: Provided further, That up 

25 to 3 percent of the funds in the preceding proviso shall 

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U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 be available for technical assistance and evaluation related 

2 to grants awarded under such section 9212: Provided fur3 ther, That $742,883,000 shall be for making payments 

4 under the CSBG Act: Provided further, That $28,233,000 

5 shall be for sections 680 and 678E(b)(2) of the CSBG 

6 Act, of which not less than $19,883,000 shall be for sec7 tion 680(a)(2) and not less than $8,000,000 shall be for 

8 section 680(a)(3)(B) of such Act: Provided further, That, 

9 notwithstanding section 675C(a)(3) of such Act, to the ex10 tent Community Services Block Grant funds are distrib11 uted as grant funds by a State to an eligible entity as 

12 provided under such Act, and have not been expended by 

13 such entity, they shall remain with such entity for carry14 over into the next fiscal year for expenditure by such enti15 ty consistent with program purposes: Provided further, 

16 That the Secretary shall establish procedures regarding 

17 the disposition of intangible assets and program income 

18 that permit such assets acquired with, and program in19 come derived from, grant funds authorized under section 

20 680 of the CSBG Act to become the sole property of such 

21 grantees after a period of not more than 12 years after 

22 the end of the grant period for any activity consistent with 

23 section 680(a)(2)(A) of the CSBG Act: Provided further, 

24 That intangible assets in the form of loans, equity invest25 ments and other debt instruments, and program income 

March 21, 2018 (6:08 p.m.)
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1 may be used by grantees for any eligible purpose con2 sistent with section 680(a)(2)(A) of the CSBG Act: Pro3 vided further, That these procedures shall apply to such 

4 grant funds made available after November 29, 1999: Pro5 vided further, That funds appropriated for section 

6 680(a)(2) of the CSBG Act shall be available for financing 

7 construction and rehabilitation and loans or investments 

8 in private business enterprises owned by community devel9 opment corporations: Provided further, That 

10 $160,000,000 shall be for carrying out section 303(a) of 

11 the Family Violence Prevention and Services Act, of which 

12 $5,000,000 shall be allocated notwithstanding section 

13 303(a)(2) of such Act for carrying out section 309 of such 

14 Act: Provided further, That the percentages specified in 

15 section 112(a)(2) of the Child Abuse Prevention and 

16 Treatment Act shall not apply to funds appropriated 

17 under this heading: Provided further That $1,864,000 

18 shall be for a human services case management system 

19 for federally declared disasters, to include a comprehensive 

20 national case management contract and Federal costs of 

21 administering the system: Provided further, That up to 

22 $2,000,000 shall be for improving the Public Assistance 

23 Reporting Information System, including grants to States 

24 to support data collection for a study of the system’s effec25 tiveness. 

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1 PROMOTING SAFE AND STABLE FAMILIES

2 For carrying out, except as otherwise provided, sec3 tion 436 of the Social Security Act, $345,000,000 and, 

4 for carrying out, except as otherwise provided, section 437 

5 of such Act, $99,765,000: Provided, That of the funds 

6 available to carry out section 437, $59,765,000 shall be 

7 allocated consistent with subsections (b) through (d) of 

8 such section (as such section shall be so in effect on Octo9 ber 1, 2018): Provided further, That of the funds available 

10 to carry out section 437, to assist in meeting the require11 ments described in section 471(e)(4)(C) (as such section 

12 shall be so in effect on October 1, 2018), $20,000,000 

13 shall be for grants to each State, territory, and Indian 

14 tribe operating title IV–E plans for developing, enhancing, 

15 or evaluating kinship navigator programs, as described in 

16 section 427(a)(1) of such Act, and $20,000,000, in addi17 tion to funds otherwise appropriated in section 436 for 

18 such purposes, shall be for competitive grants to regional 

19 partnerships as described in section 437(f): Provided fur20 ther, That section 437(b)(1) shall be applied to amounts 

21 in the previous proviso by substituting ‘‘5 percent’’ for 

22 ‘‘3.3 percent’’, and notwithstanding section 436(b)(1), 

23 such reserved amounts may be used for identifying, estab24 lishing, and disseminating practices to meet the criteria 

25 specified in section 471(e)(4)(C) (as such section shall be 

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1 so in effect on October 1, 2018): Provided further, That 

2 the reservation in section 437(b)(2) and the limitations 

3 in section 437(d) shall not apply to funds specified in the 

4 second proviso: Provided further, That the minimum grant 

5 award for kinship navigator programs in the case of States 

6 and territories shall be $200,000, and, in the case of 

7 tribes, shall be $25,000. 

8 PAYMENTS FOR FOSTER CARE AND PERMANENCY

9 For carrying out, except as otherwise provided, title 

10 IV–E of the Social Security Act, $6,225,000,000. 

11 For carrying out, except as otherwise provided, title 

12 IV–E of the Social Security Act, for the first quarter of 

13 fiscal year 2019, $2,700,000,000. 

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

15 year, except as otherwise provided, section 474 of title IV– 

16 E of the Social Security Act, for the last 3 months of the 

17 current fiscal year for unanticipated costs, incurred for the 

18 current fiscal year, such sums as may be necessary. 

19 ADMINISTRATION FOR COMMUNITY LIVING

20 AGING AND DISABILITY SERVICES PROGRAMS

21 (INCLUDING TRANSFER OF FUNDS)

22 For carrying out, to the extent not otherwise pro23 vided, the Older Americans Act of 1965 (‘‘OAA’’), titles 

24 III and XXIX of the PHS Act, sections 1252 and 1253 

25 of the PHS Act, section 119 of the Medicare ImproveMarch 21, 2018 (6:08 p.m.)
957 

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1 ments for Patients and Providers Act of 2008, title XX– 

2 B of the Social Security Act, the Developmental Disabil3 ities Assistance and Bill of Rights Act, parts 2 and 5 of 

4 subtitle D of title II of the Help America Vote Act of 

5 2002, the Assistive Technology Act of 1998, titles II and 

6 VII (and section 14 with respect to such titles) of the Re7 habilitation Act of 1973, and for Department-wide coordi8 nation of policy and program activities that assist individ9 uals with disabilities, $2,095,100,000, together with 

10 $49,115,000 to be transferred from the Federal Hospital 

11 Insurance Trust Fund and the Federal Supplementary 

12 Medical Insurance Trust Fund to carry out section 4360 

13 of the Omnibus Budget Reconciliation Act of 1990: Pro14 vided, That amounts appropriated under this heading may 

15 be used for grants to States under section 361 of the OAA 

16 only for disease prevention and health promotion pro17 grams and activities which have been demonstrated 

18 through rigorous evaluation to be evidence-based and ef19 fective: Provided further, That of amounts made available 

20 under this heading to carry out sections 311, 331, and 

21 336 of the OAA, up to one percent of such amounts shall 

22 be available for developing and implementing evidence23 based practices for enhancing senior nutrition: Provided 

24 further, That notwithstanding any other provision of this 

25 Act, funds made available under this heading to carry out 

March 21, 2018 (6:08 p.m.)
958 

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1 section 311 of the OAA may be transferred to the Sec2 retary of Agriculture in accordance with such section: Pro3 vided further, That $2,000,000 shall be for competitive 

4 grants to support alternative financing programs that pro5 vide for the purchase of assistive technology devices, such 

6 as a low-interest loan fund; an interest buy-down program; 

7 a revolving loan fund; a loan guarantee; or an insurance 

8 program: Provided further, That applicants shall provide 

9 an assurance that, and information describing the manner 

10 in which, the alternative financing program will expand 

11 and emphasize consumer choice and control: Provided fur12 ther, That State agencies and community-based disability 

13 organizations that are directed by and operated for indi14 viduals with disabilities shall be eligible to compete: Pro15 vided further, That none of the funds made available under 

16 this heading may be used by an eligible system (as defined 

17 in section 102 of the Protection and Advocacy for Individ18 uals with Mental Illness Act (42 U.S.C. 10802)) to con19 tinue to pursue any legal action in a Federal or State 

20 court on behalf of an individual or group of individuals 

21 with a developmental disability (as defined in section 

22 102(8)(A) of the Developmental Disabilities and Assist23 ance and Bill of Rights Act of 2000 (20 U.S.C. 

24 15002(8)(A)) that is attributable to a mental impairment 

25 (or a combination of mental and physical impairments), 

March 21, 2018 (6:08 p.m.)
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1 that has as the requested remedy the closure of State op2 erated intermediate care facilities for people with intellec3 tual or developmental disabilities, unless reasonable public 

4 notice of the action has been provided to such individuals 

5 (or, in the case of mental incapacitation, the legal guard6 ians who have been specifically awarded authority by the 

7 courts to make healthcare and residential decisions on be8 half of such individuals) who are affected by such action, 

9 within 90 days of instituting such legal action, which in10 forms such individuals (or such legal guardians) of their 

11 legal rights and how to exercise such rights consistent with 

12 current Federal Rules of Civil Procedure: Provided further, 

13 That the limitations in the immediately preceding proviso 

14 shall not apply in the case of an individual who is neither 

15 competent to consent nor has a legal guardian, nor shall 

16 the proviso apply in the case of individuals who are a ward 

17 of the State or subject to public guardianship. 

18 OFFICE OF THE SECRETARY

19 GENERAL DEPARTMENTAL MANAGEMENT

20 For necessary expenses, not otherwise provided, for 

21 general departmental management, including hire of six 

22 passenger motor vehicles, and for carrying out titles III, 

23 XVII, XXI, and section 229 of the PHS Act, the United 

24 States-Mexico Border Health Commission Act, and re25 search studies under section 1110 of the Social Security 

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1 Act, $470,629,000, together with $64,828,000 from the 

2 amounts available under section 241 of the PHS Act to 

3 carry out national health or human services research and 

4 evaluation activities: Provided, That of this amount, 

5 $53,900,000 shall be for minority AIDS prevention and 

6 treatment activities: Provided further, That of the funds 

7 made available under this heading, $101,000,000 shall be 

8 for making competitive contracts and grants to public and 

9 private entities to fund medically accurate and age appro10 priate programs that reduce teen pregnancy and for the 

11 Federal costs associated with administering and evalu12 ating such contracts and grants, of which not more than 

13 10 percent of the available funds shall be for training and 

14 technical assistance, evaluation, outreach, and additional 

15 program support activities, and of the remaining amount 

16 75 percent shall be for replicating programs that have 

17 been proven effective through rigorous evaluation to re18 duce teenage pregnancy, behavioral risk factors underlying 

19 teenage pregnancy, or other associated risk factors, and 

20 25 percent shall be available for research and demonstra21 tion grants to develop, replicate, refine, and test additional 

22 models and innovative strategies for preventing teenage 

23 pregnancy: Provided further, That of the amounts pro24 vided under this heading from amounts available under 

25 section 241 of the PHS Act, $6,800,000 shall be available 

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1 to carry out evaluations (including longitudinal evalua2 tions) of teenage pregnancy prevention approaches: Pro3 vided further, That of the funds made available under this 

4 heading, $25,000,000 shall be for making competitive 

5 grants which exclusively implement education in sexual 

6 risk avoidance (defined as voluntarily refraining from non7 marital sexual activity): Provided further, That funding for 

8 such competitive grants for sexual risk avoidance shall use 

9 medically accurate information referenced to peer-re10 viewed publications by educational, scientific, govern11 mental, or health organizations; implement an evidence12 based approach integrating research findings with prac13 tical implementation that aligns with the needs and de14 sired outcomes for the intended audience; and teach the 

15 benefits associated with self-regulation, success sequenc16 ing for poverty prevention, healthy relationships, goal set17 ting, and resisting sexual coercion, dating violence, and 

18 other youth risk behaviors such as underage drinking or 

19 illicit drug use without normalizing teen sexual activity: 

20 Provided further, That no more than 10 percent of the 

21 funding for such competitive grants for sexual risk avoid22 ance shall be available for technical assistance and admin23 istrative costs of such programs: Provided further, That 

24 funds provided in this Act for embryo adoption activities 

25 may be used to provide to individuals adopting embryos, 

March 21, 2018 (6:08 p.m.)
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1 through grants and other mechanisms, medical and ad2 ministrative services deemed necessary for such adoptions: 

3 Provided further, That such services shall be provided con4 sistent with 42 CFR 59.5(a)(4). 

5 ACCOUNT FOR THE STATE RESPONSE TO THE OPIOID

6 ABUSE CRISIS, CURES ACT

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses to carry out the purposes de9 scribed in section 1003(c) of the 21st Century Cures Act, 

10 $500,000,000 to remain available until expended: Pro11 vided, That such amounts are appropriated pursuant to 

12 section 1003(b)(3) of such Act, are to be derived from 

13 amounts transferred under section 1003(b)(2)(A) of such 

14 Act, and may be transferred by the Secretary of Health 

15 and Human Services to other accounts of the Department 

16 solely for the purposes provided in such Act: Provided fur17 ther, That the transfer authority provided under this head18 ing is in addition to any other transfer authority provided 

19 by law. 

20 OFFICE OF MEDICARE HEARINGS AND APPEALS

21 For expenses necessary for the Office of Medicare 

22 Hearings and Appeals, $182,381,000 shall remain avail23 able until September 30, 2019, to be transferred in appro24 priate part from the Federal Hospital Insurance Trust 

March 21, 2018 (6:08 p.m.)
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1 Fund and the Federal Supplementary Medical Insurance 

2 Trust Fund. 

3 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

4 INFORMATION TECHNOLOGY

5 For expenses necessary for the Office of the National 

6 Coordinator for Health Information Technology, including 

7 grants, contracts, and cooperative agreements for the de8 velopment and advancement of interoperable health infor9 mation technology, $60,367,000. 

10 OFFICE OF INSPECTOR GENERAL

11 For expenses necessary for the Office of Inspector 

12 General, including the hire of passenger motor vehicles for 

13 investigations, in carrying out the provisions of the Inspec14 tor General Act of 1978, $80,000,000: Provided, That of 

15 such amount, necessary sums shall be available for pro16 viding protective services to the Secretary and inves17 tigating non-payment of child support cases for which non18 payment is a Federal offense under 18 U.S.C. 228. 

19 OFFICE FOR CIVIL RIGHTS

20 For expenses necessary for the Office for Civil 

21 Rights, $38,798,000. 

22 RETIREMENT PAY AND MEDICAL BENEFITS FOR

23 COMMISSIONED OFFICERS

24 For retirement pay and medical benefits of Public 

25 Health Service Commissioned Officers as authorized by 

March 21, 2018 (6:08 p.m.)
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1 law, for payments under the Retired Serviceman’s Family 

2 Protection Plan and Survivor Benefit Plan, and for med3 ical care of dependents and retired personnel under the 

4 Dependents’ Medical Care Act, such amounts as may be 

5 required during the current fiscal year. 

6 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

7 FUND

8 For expenses necessary to support activities related 

9 to countering potential biological, nuclear, radiological, 

10 chemical, and cybersecurity threats to civilian populations, 

11 and for other public health emergencies, $993,458,000, of 

12 which $536,700,000 shall remain available through Sep13 tember 30, 2019, for expenses necessary to support ad14 vanced research and development pursuant to section 

15 319L of the PHS Act and other administrative expenses 

16 of the Biomedical Advanced Research and Development 

17 Authority: Provided, That funds provided under this head18 ing for the purpose of acquisition of security counter19 measures shall be in addition to any other funds available 

20 for such purpose: Provided further, That products pur21 chased with funds provided under this heading may, at 

22 the discretion of the Secretary, be deposited in the Stra23 tegic National Stockpile pursuant to section 319F–2 of 

24 the PHS Act: Provided further, That $5,000,000 of the 

March 21, 2018 (6:08 p.m.)
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1 amounts made available to support emergency operations 

2 shall remain available through September 30, 2020. 

3 For expenses necessary for procuring security coun4 termeasures (as defined in section 319F–2(c)(1)(B) of the 

5 PHS Act), $710,000,000, to remain available until ex6 pended. 

7 For an additional amount for expenses necessary to 

8 prepare for or respond to an influenza pandemic, 

9 $250,000,000; of which $215,000,000 shall be available 

10 until expended, for activities including the development 

11 and purchase of vaccine, antivirals, necessary medical sup12 plies, diagnostics, and other surveillance tools: Provided, 

13 That notwithstanding section 496(b) of the PHS Act, 

14 funds may be used for the construction or renovation of 

15 privately owned facilities for the production of pandemic 

16 influenza vaccines and other biologics, if the Secretary 

17 finds such construction or renovation necessary to secure 

18 sufficient supplies of such vaccines or biologics. 

19 GENERAL PROVISIONS

20 SEC. 201. Funds appropriated in this title shall be 

21 available for not to exceed $50,000 for official reception 

22 and representation expenses when specifically approved by 

23 the Secretary. 

24 SEC. 202. None of the funds appropriated in this title 

25 shall be used to pay the salary of an individual, through 

March 21, 2018 (6:08 p.m.)
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1 a grant or other extramural mechanism, at a rate in excess 

2 of Executive Level II. 

3 SEC. 203. None of the funds appropriated in this Act 

4 may be expended pursuant to section 241 of the PHS Act, 

5 except for funds specifically provided for in this Act, or 

6 for other taps and assessments made by any office located 

7 in HHS, prior to the preparation and submission of a re8 port by the Secretary to the Committees on Appropria9 tions of the House of Representatives and the Senate de10 tailing the planned uses of such funds. 

11 SEC. 204. Notwithstanding section 241(a) of the 

12 PHS Act, such portion as the Secretary shall determine, 

13 but not more than 2.5 percent, of any amounts appro14 priated for programs authorized under such Act shall be 

15 made available for the evaluation (directly, or by grants 

16 or contracts) and the implementation and effectiveness of 

17 programs funded in this title. 

18 (TRANSFER OF FUNDS)

19 SEC. 205. 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 current fiscal year for HHS in this Act 

23 may be transferred between appropriations, but no such 

24 appropriation shall be increased by more than 3 percent 

25 by any such transfer: Provided, That the transfer authorMarch 21, 2018 (6:08 p.m.)
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1 ity 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. 206. In lieu of the timeframe specified in section 

8 338E(c)(2) of the PHS Act, terminations described in 

9 such section may occur up to 60 days after the execution 

10 of a contract awarded in fiscal year 2018 under section 

11 338B of such Act. 

12 SEC. 207. None of the funds appropriated in this Act 

13 may be made available to any entity under title X of the 

14 PHS Act unless the applicant for the award certifies to 

15 the Secretary that it encourages family participation in 

16 the decision of minors to seek family planning services and 

17 that it provides counseling to minors on how to resist at18 tempts to coerce minors into engaging in sexual activities. 

19 SEC. 208. Notwithstanding any other provision of 

20 law, no provider of services under title X of the PHS Act 

21 shall be exempt from any State law requiring notification 

22 or the reporting of child abuse, child molestation, sexual 

23 abuse, rape, or incest. 

24 SEC. 209. None of the funds appropriated by this Act 

25 (including funds appropriated to any trust fund) may be 

March 21, 2018 (6:08 p.m.)
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1 used to carry out the Medicare Advantage program if the 

2 Secretary denies participation in such program to an oth3 erwise eligible entity (including a Provider Sponsored Or4 ganization) because the entity informs the Secretary that 

5 it will not provide, pay for, provide coverage of, or provide 

6 referrals for abortions: Provided, That the Secretary shall 

7 make appropriate prospective adjustments to the capita8 tion payment to such an entity (based on an actuarially 

9 sound estimate of the expected costs of providing the serv10 ice to such entity’s enrollees): Provided further, That noth11 ing in this section shall be construed to change the Medi12 care program’s coverage for such services and a Medicare 

13 Advantage organization described in this section shall be 

14 responsible for informing enrollees where to obtain infor15 mation about all Medicare covered services. 

16 SEC. 210. None of the funds made available in this 

17 title may be used, in whole or in part, to advocate or pro18 mote gun control. 

19 SEC. 211. The Secretary shall make available through 

20 assignment not more than 60 employees of the Public 

21 Health Service to assist in child survival activities and to 

22 work in AIDS programs through and with funds provided 

23 by the Agency for International Development, the United 

24 Nations International Children’s Emergency Fund or the 

25 World Health Organization. 

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1 SEC. 212. In order for HHS to carry out inter2 national health activities, including HIV/AIDS and other 

3 infectious disease, chronic and environmental disease, and 

4 other health activities abroad during fiscal year 2018: 

5 (1) The Secretary may exercise authority equiv6 alent to that available to the Secretary of State in 

7 section 2(c) of the State Department Basic Authori8 ties Act of 1956. The Secretary shall consult with 

9 the Secretary of State and relevant Chief of Mission 

10 to ensure that the authority provided in this section 

11 is exercised in a manner consistent with section 207 

12 of the Foreign Service Act of 1980 and other appli13 cable statutes administered by the Department of 

14 State. 

15 (2) The Secretary is authorized to provide such 

16 funds by advance or reimbursement to the Secretary 

17 of State as may be necessary to pay the costs of ac18 quisition, lease, alteration, renovation, and manage19 ment of facilities outside of the United States for 

20 the use of HHS. The Department of State shall co21 operate fully with the Secretary to ensure that HHS 

22 has secure, safe, functional facilities that comply 

23 with applicable regulation governing location, set24 back, and other facilities requirements and serve the 

25 purposes established by this Act. The Secretary is 

March 21, 2018 (6:08 p.m.)
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1 authorized, in consultation with the Secretary of 

2 State, through grant or cooperative agreement, to 

3 make available to public or nonprofit private institu4 tions or agencies in participating foreign countries, 

5 funds to acquire, lease, alter, or renovate facilities in 

6 those countries as necessary to conduct programs of 

7 assistance for international health activities, includ8 ing activities relating to HIV/AIDS and other infec9 tious diseases, chronic and environmental diseases, 

10 and other health activities abroad. 

11 (3) The Secretary is authorized to provide to 

12 personnel appointed or assigned by the Secretary to 

13 serve abroad, allowances and benefits similar to 

14 those provided under chapter 9 of title I of the For15 eign Service Act of 1980, and 22 U.S.C. 4081 

16 through 4086 and subject to such regulations pre17 scribed by the Secretary. The Secretary is further 

18 authorized to provide locality-based comparability 

19 payments (stated as a percentage) up to the amount 

20 of the locality-based comparability payment (stated 

21 as a percentage) that would be payable to such per22 sonnel under section 5304 of title 5, United States 

23 Code if such personnel’s official duty station were in 

24 the District of Columbia. Leaves of absence for per25 sonnel under this subsection shall be on the same 

March 21, 2018 (6:08 p.m.)
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1 basis as that provided under subchapter I of chapter 

2 63 of title 5, United States Code, or section 903 of 

3 the Foreign Service Act of 1980, to individuals serv4 ing in the Foreign Service. 

5 (TRANSFER OF FUNDS)

6 SEC. 213. The Director of the NIH, jointly with the 

7 Director of the Office of AIDS Research, may transfer up 

8 to 3 percent among institutes and centers from the total 

9 amounts identified by these two Directors as funding for 

10 research pertaining to the human immunodeficiency virus: 

11 Provided, That the Committees on Appropriations of the 

12 House of Representatives and the Senate are notified at 

13 least 15 days in advance of any transfer. 

14 (TRANSFER OF FUNDS)

15 SEC. 214. Of the amounts made available in this Act 

16 for NIH, the amount for research related to the human 

17 immunodeficiency virus, as jointly determined by the Di18 rector of NIH and the Director of the Office of AIDS Re19 search, shall be made available to the ‘‘Office of AIDS 

20 Research’’ account. The Director of the Office of AIDS 

21 Research shall transfer from such account amounts nec22 essary to carry out section 2353(d)(3) of the PHS Act. 

23 SEC. 215. (a) AUTHORITY.—Notwithstanding any 

24 other provision of law, the Director of NIH (‘‘Director’’) 

25 may use funds authorized under section 402(b)(12) of the 

March 21, 2018 (6:08 p.m.)
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1 PHS Act to enter into transactions (other than contracts, 

2 cooperative agreements, or grants) to carry out research 

3 identified pursuant to or research and activities described 

4 in such section 402(b)(12). 

5 (b) PEER REVIEW.—In entering into transactions 

6 under subsection (a), the Director may utilize such peer 

7 review procedures (including consultation with appropriate 

8 scientific experts) as the Director determines to be appro9 priate to obtain assessments of scientific and technical 

10 merit. Such procedures shall apply to such transactions 

11 in lieu of the peer review and advisory council review pro12 cedures that would otherwise be required under sections 

13 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

14 and 494 of the PHS Act. 

15 SEC. 216. Not to exceed $45,000,000 of funds appro16 priated by this Act to the institutes and centers of the 

17 National Institutes of Health may be used for alteration, 

18 repair, or improvement of facilities, as necessary for the 

19 proper and efficient conduct of the activities authorized 

20 herein, at not to exceed $3,500,000 per project. 

21 (TRANSFER OF FUNDS)

22 SEC. 217. Of the amounts made available for NIH, 

23 1 percent of the amount made available for National Re24 search Service Awards (‘‘NRSA’’) shall be made available 

25 to the Administrator of the Health Resources and Services 

March 21, 2018 (6:08 p.m.)
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1 Administration to make NRSA awards for research in pri2 mary medical care to individuals affiliated with entities 

3 who have received grants or contracts under sections 736, 

4 739, or 747 of the PHS Act, and 1 percent of the amount 

5 made available for NRSA shall be made available to the 

6 Director of the Agency for Healthcare Research and Qual7 ity to make NRSA awards for health service research. 

8 SEC. 218. (a) The Biomedical Advanced Research 

9 and Development Authority (‘‘BARDA’’) may enter into 

10 a contract, for more than one but no more than 10 pro11 gram years, for purchase of research services or of security 

12 countermeasures, as that term is defined in section 319F– 

13 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

14 if— 

15 (1) funds are available and obligated— 

16 (A) for the full period of the contract or 

17 for the first fiscal year in which the contract is 

18 in effect; and 

19 (B) for the estimated costs associated with 

20 a necessary termination of the contract; and 

21 (2) the Secretary determines that a multi-year 

22 contract will serve the best interests of the Federal 

23 Government by encouraging full and open competi24 tion or promoting economy in administration, per25 formance, and operation of BARDA’s programs. 

March 21, 2018 (6:08 p.m.)
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1 (b) A contract entered into under this section— 

2 (1) shall include a termination clause as de3 scribed by subsection (c) of section 3903 of title 41, 

4 United States Code; and 

5 (2) shall be subject to the congressional notice 

6 requirement stated in subsection (d) of such section. 

7 SEC. 219. (a) The Secretary shall publish in the fiscal 

8 year 2020 budget justification and on Departmental Web 

9 sites information concerning the employment of full-time 

10 equivalent Federal employees or contractors for the pur11 poses of implementing, administering, enforcing, or other12 wise carrying out the provisions of the ACA, and the 

13 amendments made by that Act, in the proposed fiscal year 

14 and each fiscal year since the enactment of the ACA. 

15 (b) With respect to employees or contractors sup16 ported by all funds appropriated for purposes of carrying 

17 out the ACA (and the amendments made by that Act), 

18 the Secretary shall include, at a minimum, the following 

19 information: 

20 (1) For each such fiscal year, the section of 

21 such Act under which such funds were appropriated, 

22 a statement indicating the program, project, or ac23 tivity receiving such funds, the Federal operating di24 vision or office that administers such program, and 

March 21, 2018 (6:08 p.m.)
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1 the amount of funding received in discretionary or 

2 mandatory appropriations. 

3 (2) For each such fiscal year, the number of 

4 full-time equivalent employees or contracted employ5 ees assigned to each authorized and funded provision 

6 detailed in accordance with paragraph (1). 

7 (c) In carrying out this section, the Secretary may 

8 exclude from the report employees or contractors who— 

9 (1) are supported through appropriations en10 acted in laws other than the ACA and work on pro11 grams that existed prior to the passage of the ACA; 

12 (2) spend less than 50 percent of their time on 

13 activities funded by or newly authorized in the ACA; 

14 or 

15 (3) work on contracts for which FTE reporting 

16 is not a requirement of their contract, such as fixed17 price contracts. 

18 SEC. 220. The Secretary shall publish, as part of the 

19 fiscal year 2020 budget of the President submitted under 

20 section 1105(a) of title 31, United States Code, informa21 tion that details the uses of all funds used by the Centers 

22 for Medicare and Medicaid Services specifically for Health 

23 Insurance Exchanges for each fiscal year since the enact24 ment of the ACA and the proposed uses for such funds 

25 for fiscal year 2020. Such information shall include, for 

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1 each such fiscal year, the amount of funds used for each 

2 activity specified under the heading ‘‘Health Insurance 

3 Exchange Transparency’’ in the explanatory statement de4 scribed in section 4 (in the matter preceding division A 

5 of this consolidated Act). 

6 SEC. 221. (a) The Secretary shall provide to the 

7 Committees on Appropriations of the House of Represent8 atives and the Senate: 

9 (1) Detailed monthly enrollment figures from 

10 the Exchanges established under the Patient Protec11 tion and Affordable Care Act of 2010 pertaining to 

12 enrollments during the open enrollment period; and 

13 (2) Notification of any new or competitive grant 

14 awards, including supplements, authorized under 

15 section 330 of the Public Health Service Act. 

16 (b) The Committees on Appropriations of the House 

17 and Senate must be notified at least 2 business days in 

18 advance of any public release of enrollment information 

19 or the award of such grants. 

20 SEC. 222. None of the funds made available by this 

21 Act from the Federal Hospital Insurance Trust Fund or 

22 the Federal Supplemental Medical Insurance Trust Fund, 

23 or transferred from other accounts funded by this Act to 

24 the ‘‘Centers for Medicare and Medicaid Services—Pro25 gram Management’’ account, may be used for payments 

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1 under section 1342(b)(1) of Public Law 111–148 (relating 

2 to risk corridors). 

3 SEC. 223. The Secretary shall include in the fiscal 

4 year 2020 budget justification an analysis of how section 

5 2713 of the PHS Act will impact eligibility for discre6 tionary HHS programs. 

7 (TRANSFER OF FUNDS)

8 SEC. 224. (a) Within 45 days of enactment of this 

9 Act, the Secretary shall transfer funds appropriated under 

10 section 4002 of the ACA to the accounts specified, in the 

11 amounts specified, and for the activities specified under 

12 the heading ‘‘Prevention and Public Health Fund’’ in the 

13 explanatory statement described in section 4 (in the mat14 ter preceding division A of this consolidated Act). 

15 (b) Notwithstanding section 4002(c) of the ACA, the 

16 Secretary may not further transfer these amounts. 

17 (c) Funds transferred for activities authorized under 

18 section 2821 of the PHS Act shall be made available with19 out reference to section 2821(b) of such Act. 

20 SEC. 225. Effective during the period beginning on 

21 November 1, 2015 and ending January 1, 2020, any pro22 vision of law that refers (including through cross-reference 

23 to another provision of law) to the current recommenda24 tions of the United States Preventive Services Task Force 

25 with respect to breast cancer screening, mammography, 

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1 and prevention shall be administered by the Secretary in2 volved as if— 

3 (1) such reference to such current recommenda4 tions were a reference to the recommendations of 

5 such Task Force with respect to breast cancer 

6 screening, mammography, and prevention last issued 

7 before 2009; and 

8 (2) such recommendations last issued before 

9 2009 applied to any screening mammography modal10 ity under section 1861(jj) of the Social Security Act 

11 (42 U.S.C. 1395x(jj)). 

12 SEC. 226. In making Federal financial assistance, the 

13 provisions relating to indirect costs in part 75 of title 45, 

14 Code of Federal Regulations, including with respect to the 

15 approval of deviations from negotiated rates, shall con16 tinue to apply to the National Institutes of Health to the 

17 same extent and in the same manner as such provisions 

18 were applied in the third quarter of fiscal year 2017. None 

19 of the funds appropriated in this or prior Acts or otherwise 

20 made available to the Department of Health and Human 

21 Services or to any department or agency may be used to 

22 develop or implement a modified approach to such provi23 sions, or to intentionally or substantially expand the fiscal 

24 effect of the approval of such deviations from negotiated 

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1 rates beyond the proportional effect of such approvals in 

2 such quarter. 

3 SEC. 227. In addition to the amounts otherwise avail4 able for ‘‘Centers for Medicare and Medicaid Services, 

5 Program Management’’, the Secretary of Health and 

6 Human Services may transfer up to $305,000,000 to such 

7 account from the Federal Hospital Insurance Trust Fund 

8 and the Federal Supplementary Medical Insurance Trust 

9 Fund to support program management activity related to 

10 the Medicare Program: Provided, That except for the fore11 going purpose, such funds may not be used to support any 

12 provision of Public Law 111–148 or Public Law 111–152 

13 (or any amendment made by either such Public Law) or 

14 to supplant any other amounts within such account. 

15 (TRANSFER OF FUNDS)

16 SEC. 228. The NIH Director may transfer funds spe17 cifically appropriated for opioid addiction, opioid alter18 natives, pain management, and addiction treatment to 

19 other Institutes and Centers of the NIH to be used for 

20 the same purpose 15 days after notifying the Committees 

21 on Appropriations: Provided, That the transfer authority 

22 provided in the previous proviso is in addition to any other 

23 transfer authority provided by law. 

24 SEC. 229. None of the funds made available by this 

25 Act to carry out the Child Care and Development Block 

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1 Grant Act of 1990 may be provided to any child care pro2 vider if a list of providers (as mentioned in part 98 of 

3 title 45 of the Code of Federal Regulations, applicable to 

4 the Department of Health and Human Services, Adminis5 tration of Children and Families, and in the final rule pub6 lished in the Federal Register, Vol. 81, No. 190, on Sept. 

7 30, 2016) indicates that a serious injury or death occurred 

8 at the provider due to a substantiated health or safety vio9 lation. 

10 This title may be cited as the ‘‘Department of Health 

11 and Human Services Appropriations Act, 2018’’. 

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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’’), $16,443,790,000, of which 

9 $5,525,990,000 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 $3,969,050,000 shall be for targeted grants under section 

24 1125 of the ESEA: Provided further, That 

25 $3,969,050,000 shall be for education finance incentive 

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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, $1,414,112,000, of which $1,270,242,000 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), $73,313,000 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 

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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, $5,158,467,000, of which 

15 $3,329,902,000 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 $378,000,000 shall be for part B of title I: Provided fur21 ther, That $1,211,673,000 shall be for part B of title IV: 

22 Provided further, That $36,397,000 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 secMarch 21, 2018 (6:08 p.m.)
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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 $35,453,000 

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 $52,000,000 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 $180,840,000 

19 shall be for part B of title V: Provided further, That 

20 $1,100,000,000 shall be available for grants under sub21 part 1 of part A of title IV. 

22 INDIAN EDUCATION

23 For expenses necessary to carry out, to the extent 

24 not otherwise provided, title VI, part A of the ESEA, 

25 $180,239,000, of which $67,993,000 shall be for subpart 

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1 2 of part A of title VI and $6,865,000 shall be for subpart 

2 3 of part A of title VI. 

3 INNOVATION AND IMPROVEMENT

4 For carrying out activities authorized by subparts 1, 

5 3 and 4 of part B of title II, and parts C, D, and E and 

6 subparts 1 and 4 of part F of title IV of the ESEA, 

7 $982,256,000: Provided, That $278,515,000 shall be for 

8 subparts 1, 3 and 4 of part B of title II and shall be made 

9 available without regard to sections 2201, 2231(b) and 

10 2241: Provided further, That $583,741,000 shall be for 

11 parts C, D, and E and subpart 4 of part F of title IV, 

12 and shall be made available without regard to sections 

13 4311, 4409(a), and 4601 of the ESEA: Provided further, 

14 That section 4303(d)(3)(A)(i) shall not apply to the funds 

15 available for part C of title IV: Provided further, That of 

16 the funds available for part C of title IV, the Secretary 

17 shall use $50,000,000 to carry out section 4304, of which 

18 not more than $10,000,000 shall be available to carry out 

19 section 4304(k), $120,000,000, to remain available 

20 through March 31, 2019, to carry out section 4305(b), 

21 and not more than $14,000,000 to carry out the activities 

22 in section 4305(a)(3): Provided further, That notwith23 standing section 4601(b), $120,000,000 shall be available 

24 through December 31, 2018 for subpart 1 of part F of 

25 title IV. 

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1 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

2 For carrying out activities authorized by subparts 2 

3 and 3 of part F of title IV of the ESEA, $185,754,000: 

4 Provided, That $90,000,000 shall be available for section 

5 4631, of which up to $5,000,000, to remain available until 

6 expended, shall be for the Project School Emergency Re7 sponse to Violence (‘‘Project SERV’’) program: Provided 

8 further, That $17,500,000 shall be available for section 

9 4625: Provided further, That $78,254,000 shall be avail10 able through December 31, 2018, for section 4624: Pro11 vided further, That section 4623(b) of the ESEA shall 

12 apply to funds appropriated for Promise Neighborhoods 

13 under this heading in prior appropriations acts: Provided 

14 further, That, no later than June 1, 2018, the Secretary 

15 shall award extension grants under such section on a com16 petitive basis to implementation grantees that have dem17 onstrated the ability to collect, track, and report longitu18 dinal data on performance indicators established by the 

19 Department and required to be reported on annually as 

20 part of the initial implementation grant; demonstrated the 

21 most positive and promising results during their initial im22 plementation grant based on such indicators, emphasizing 

23 getting children ready to learn; demonstrated a commit24 ment to operating in the most underserved and under25 resourced, including rural, areas; and propose continuing 

March 21, 2018 (6:08 p.m.)
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1 to pursue ambitious goals during an extension of that 

2 grant. 

3 ENGLISH LANGUAGE ACQUISITION

4 For carrying out part A of title III of the ESEA, 

5 $737,400,000, which shall become available on July 1, 

6 2018, and shall remain available through September 30, 

7 2019, except that 6.5 percent of such amount shall be 

8 available on October 1, 2017, and shall remain available 

9 through September 30, 2019, to carry out activities under 

10 section 3111(c)(1)(C). 

11 SPECIAL EDUCATION

12 For carrying out the Individuals with Disabilities 

13 Education Act (IDEA) and the Special Olympics Sport 

14 and Empowerment Act of 2004, $13,366,184,000, of 

15 which $3,845,585,000 shall become available on July 1, 

16 2018, and shall remain available through September 30, 

17 2019, and of which $9,283,383,000 shall become available 

18 on October 1, 2018, and shall remain available through 

19 September 30, 2019, for academic year 2018–2019: Pro20 vided, That the amount for section 611(b)(2) of the IDEA 

21 shall be equal to the lesser of the amount available for 

22 that activity during fiscal year 2017, increased by the 

23 amount of inflation as specified in section 619(d)(2)(B) 

24 of the IDEA, or the percent change in the funds appro25 priated under section 611(i) of the IDEA, but not less 

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1 than the amount for that activity during fiscal year 2017: 

2 Provided further, That the Secretary shall, without regard 

3 to section 611(d) of the IDEA, distribute to all other 

4 States (as that term is defined in section 611(g)(2)), sub5 ject to the third proviso, any amount by which a State’s 

6 allocation under section 611, from funds appropriated 

7 under this heading, is reduced under section 

8 612(a)(18)(B), according to the following: 85 percent on 

9 the basis of the States’ relative populations of children 

10 aged 3 through 21 who are of the same age as children 

11 with disabilities for whom the State ensures the avail12 ability of a free appropriate public education under this 

13 part, and 15 percent to States on the basis of the States’ 

14 relative populations of those children who are living in pov15 erty: Provided further, That the Secretary may not dis16 tribute any funds under the previous proviso to any State 

17 whose reduction in allocation from funds appropriated 

18 under this heading made funds available for such a dis19 tribution: Provided further, That the States shall allocate 

20 such funds distributed under the second proviso to local 

21 educational agencies in accordance with section 611(f): 

22 Provided further, That the amount by which a State’s allo23 cation under section 611(d) of the IDEA is reduced under 

24 section 612(a)(18)(B) and the amounts distributed to 

25 States under the previous provisos in fiscal year 2012 or 

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1 any subsequent year shall not be considered in calculating 

2 the awards under section 611(d) for fiscal year 2013 or 

3 for any subsequent fiscal years: Provided further, That, 

4 notwithstanding the provision in section 612(a)(18)(B) re5 garding the fiscal year in which a State’s allocation under 

6 section 611(d) is reduced for failure to comply with the 

7 requirement of section 612(a)(18)(A), the Secretary may 

8 apply the reduction specified in section 612(a)(18)(B) over 

9 a period of consecutive fiscal years, not to exceed five, 

10 until the entire reduction is applied: Provided further, 

11 That the Secretary may, in any fiscal year in which a 

12 State’s allocation under section 611 is reduced in accord13 ance with section 612(a)(18)(B), reduce the amount a 

14 State may reserve under section 611(e)(1) by an amount 

15 that bears the same relation to the maximum amount de16 scribed in that paragraph as the reduction under section 

17 612(a)(18)(B) bears to the total allocation the State 

18 would have received in that fiscal year under section 

19 611(d) in the absence of the reduction: Provided further, 

20 That the Secretary shall either reduce the allocation of 

21 funds under section 611 for any fiscal year following the 

22 fiscal year for which the State fails to comply with the 

23 requirement of section 612(a)(18)(A) as authorized by 

24 section 612(a)(18)(B), or seek to recover funds under sec25 tion 452 of the General Education Provisions Act (20 

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1 U.S.C. 1234a): Provided further, That the funds reserved 

2 under 611(c) of the IDEA may be used to provide tech3 nical assistance to States to improve the capacity of the 

4 States to meet the data collection requirements of sections 

5 616 and 618 and to administer and carry out other serv6 ices and activities to improve data collection, coordination, 

7 quality, and use under parts B and C of the IDEA: Pro8 vided further, That the Secretary may use funds made 

9 available for the State Personnel Development Grants pro10 gram under part D, subpart 1 of IDEA to evaluate pro11 gram performance under such subpart. 

12 REHABILITATION SERVICES

13 For carrying out, to the extent not otherwise pro14 vided, the Rehabilitation Act of 1973 and the Helen Keller 

15 National Center Act, $3,587,130,000, of which 

16 $3,452,931,000 shall be for grants for vocational rehabili17 tation services under title I of the Rehabilitation Act: Pro18 vided, That the Secretary may use amounts provided in 

19 this Act that remain available subsequent to the reallot20 ment of funds to States pursuant to section 110(b) of the 

21 Rehabilitation Act for innovative activities aimed at im22 proving the outcomes of individuals with disabilities as de23 fined in section 7(20)(B) of the Rehabilitation Act, includ24 ing activities aimed at improving the education and post25 school outcomes of children receiving Supplemental SecuMarch 21, 2018 (6:08 p.m.)
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1 rity Income (‘‘SSI’’) and their families that may result 

2 in long-term improvement in the SSI child recipient’s eco3 nomic status and self-sufficiency: Provided further, That 

4 States may award subgrants for a portion of the funds 

5 to other public and private, nonprofit entities: Provided 

6 further, That any funds made available subsequent to real7 lotment for innovative activities aimed at improving the 

8 outcomes of individuals with disabilities shall remain avail9 able until September 30, 2019. 

10 SPECIAL INSTITUTIONS FOR PERSONS WITH

11 DISABILITIES

12 AMERICAN PRINTING HOUSE FOR THE BLIND

13 For carrying out the Act to promote the Education 

14 of the Blind of March 3, 1879, $27,431,000. 

15 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

16 For the National Technical Institute for the Deaf 

17 under titles I and II of the Education of the Deaf Act 

18 of 1986, $73,000,000: Provided, That from the total 

19 amount available, the Institute may at its discretion use 

20 funds for the endowment program as authorized under 

21 section 207 of such Act. 

22 GALLAUDET UNIVERSITY

23 For the Kendall Demonstration Elementary School, 

24 the Model Secondary School for the Deaf, and the partial 

25 support of Gallaudet University under titles I and II of 

March 21, 2018 (6:08 p.m.)
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1 the Education of the Deaf Act of 1986, $128,000,000: 

2 Provided, That from the total amount available, the Uni3 versity may at its discretion use funds for the endowment 

4 program as authorized under section 207 of such Act. 

5 CAREER, TECHNICAL, AND ADULT EDUCATION

6 For carrying out, to the extent not otherwise pro7 vided, the Carl D. Perkins Career and Technical Edu8 cation Act of 2006 and the Adult Education and Family 

9 Literacy Act (‘‘AEFLA’’), $1,830,686,000, of which 

10 $1,039,686,000 shall become available on July 1, 2018, 

11 and shall remain available through September 30, 2019, 

12 and of which $791,000,000 shall become available on Oc13 tober 1, 2018, and shall remain available through Sep14 tember 30, 2019: Provided, That of the amounts made 

15 available for AEFLA, $13,712,000 shall be for national 

16 leadership activities under section 242. 

17 STUDENT FINANCIAL ASSISTANCE

18 For carrying out subparts 1, 3, and 10 of part A, 

19 and part C of title IV of the HEA, $24,445,352,000, 

20 which shall remain available through September 30, 2019. 

21 The maximum Pell Grant for which a student shall 

22 be eligible during award year 2018–2019 shall be $5,035. 

23 STUDENT AID ADMINISTRATION

24 For Federal administrative expenses to carry out part 

25 D of title I, and subparts 1, 3, 9, and 10 of part A, and 

March 21, 2018 (6:08 p.m.)
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1 parts B, C, D, and E of title IV of the HEA, and subpart 

2 1 of part A of title VII of the Public Health Service Act, 

3 $1,678,943,000, to remain available through September 

4 30, 2019: Provided, That the Secretary shall allocate new 

5 student loan borrower accounts to eligible student loan 

6 servicers on the basis of their performance compared to 

7 all loan servicers utilizing established common metrics, 

8 and on the basis of the capacity of each servicer to process 

9 new and existing accounts: Provided further, That the Sec10 retary shall, no later than September 30, 2017, allow stu11 dent loan borrowers who are consolidating Federal student 

12 loans to select from any student loan servicer to service 

13 their new consolidated student loan under the current stu14 dent loan servicing contracts: Provided further, That in 

15 order to promote accountability and high-quality service 

16 to borrowers, the Secretary shall not award funding for 

17 any contract solicitation for a new Federal student loan 

18 servicing environment, including the solicitation for the 

19 FSA Next Generation Processing and Servicing Environ20 ment as amended by the Department of Education on 

21 February 20, 2018, unless such an environment provides 

22 for the participation of multiple student loan servicers that 

23 contract directly with the Department of Education to 

24 manage a unique portfolio of borrower accounts and the 

25 full life-cycle of loans from disbursement to pay-off with 

March 21, 2018 (6:08 p.m.)
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1 certain limited exceptions, and allocates student loan bor2 rower accounts to eligible student loan servicers based on 

3 performance: Provided further, That such servicers de4 scribed in the previous proviso shall be evaluated based 

5 on their ability to meet contract requirements, future per6 formance on the contracts, and history of compliance with 

7 applicable consumer protections laws: Provided further, 

8 That to the extent Federal Student Aid (FSA) permits 

9 student loan servicing subcontracting, FSA shall hold such 

10 subcontractors accountable for meeting the requirements 

11 of the contract: Provided further, That FSA shall create 

12 a fee structure with contractors that provides more sup13 port to borrowers at risk of being distressed. 

14 HIGHER EDUCATION

15 For carrying out, to the extent not otherwise pro16 vided, titles II, III, IV, V, VI, and VII of the HEA, the 

17 Mutual Educational and Cultural Exchange Act of 1961, 

18 and section 117 of the Carl D. Perkins Career and Tech19 nical Education Act of 2006, $2,246,551,000: Provided, 

20 That notwithstanding any other provision of law, funds 

21 made available in this Act to carry out title VI of the HEA 

22 and section 102(b)(6) of the Mutual Educational and Cul23 tural Exchange Act of 1961 may be used to support visits 

24 and study in foreign countries by individuals who are par25 ticipating in advanced foreign language training and interMarch 21, 2018 (6:08 p.m.)
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1 national studies in areas that are vital to United States 

2 national security and who plan to apply their language 

3 skills and knowledge of these countries in the fields of gov4 ernment, the professions, or international development: 

5 Provided further, That of the funds referred to in the pre6 ceding proviso up to 1 percent may be used for program 

7 evaluation, national outreach, and information dissemina8 tion activities: Provided further, That up to 1.5 percent 

9 of the funds made available under chapter 2 of subpart 

10 2 of part A of title IV of the HEA may be used for evalua11 tion. 

12 HOWARD UNIVERSITY

13 For partial support of Howard University, 

14 $232,518,000, of which not less than $3,405,000 shall be 

15 for a matching endowment grant pursuant to the Howard 

16 University Endowment Act and shall remain available 

17 until expended. 

18 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

19 PROGRAM

20 For Federal administrative expenses to carry out ac21 tivities related to existing facility loans pursuant to section 

22 121 of the HEA, $435,000. 

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1 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

2 CAPITAL FINANCING PROGRAM ACCOUNT

3 For the cost of guaranteed loans, $20,150,000, as au4 thorized pursuant to part D of title III of the HEA, which 

5 shall remain available through September 30, 2019: Pro6 vided, That such costs, including the cost of modifying 

7 such loans, shall be as defined in section 502 of the Con8 gressional Budget Act of 1974: Provided further, That 

9 these funds are available to subsidize total loan principal, 

10 any part of which is to be guaranteed, not to exceed 

11 $313,863,000: Provided further, That these funds may be 

12 used to support loans to public and private Historically 

13 Black Colleges and Universities without regard to the limi14 tations within section 344(a) of the HEA. 

15 In addition, $10,000,000 shall be made available to 

16 provide for the deferment of loans made under part D of 

17 title III of the HEA to eligible institutions that are private 

18 Historically Black Colleges and Universities, which apply 

19 for the deferment of such a loan and demonstrate financial 

20 need for such deferment by having a score of 2.6 or less 

21 on the Department of Education’s financial responsibility 

22 test: Provided, That during the period of deferment of 

23 such a loan, interest on the loan will not accrue or be cap24 italized, and the period of deferment shall be for at least 

25 a period of 3-fiscal years and not more than 6-fiscal years: 

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1 Provided further, That when determining priority for such 

2 institutions to receive such a deferment, the Secretary 

3 shall give priority to institutions that operated in a finan4 cial deficit for at least one of the previous 5 years accord5 ing to audits provided to the Department, or were sanc6 tioned for financial related reasons by the agency or asso7 ciation that accredited such institutions: Provided further, 

8 That the Secretary shall create and execute an outreach 

9 plan to work with States and the Capital Financing Advi10 sory Board to improve outreach to States and help addi11 tional public Historically Black Colleges and Universities 

12 participate in the program. 

13 In addition, for administrative expenses to carry out 

14 the Historically Black College and University Capital Fi15 nancing Program entered into pursuant to part D of title 

16 III of the HEA, $334,000. 

17 INSTITUTE OF EDUCATION SCIENCES

18 For carrying out activities authorized by the Edu19 cation Sciences Reform Act of 2002, the National Assess20 ment of Educational Progress Authorization Act, section 

21 208 of the Educational Technical Assistance Act of 2002, 

22 and section 664 of the Individuals with Disabilities Edu23 cation Act, $613,462,000, which shall remain available 

24 through September 30, 2019: Provided, That funds avail25 able to carry out section 208 of the Educational Technical 

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1 Assistance Act may be used to link Statewide elementary 

2 and secondary data systems with early childhood, postsec3 ondary, and workforce data systems, or to further develop 

4 such systems: Provided further, That up to $6,000,000 of 

5 the funds available to carry out section 208 of the Edu6 cational Technical Assistance Act may be used for awards 

7 to public or private organizations or agencies to support 

8 activities to improve data coordination, quality, and use 

9 at the local, State, and national levels. 

10 DEPARTMENTAL MANAGEMENT

11 PROGRAM ADMINISTRATION

12 For carrying out, to the extent not otherwise pro13 vided, the Department of Education Organization Act, in14 cluding rental of conference rooms in the District of Co15 lumbia and hire of three passenger motor vehicles, 

16 $430,000,000: Provided, That, notwithstanding any other 

17 provision of law, none of the funds provided by this Act 

18 or provided by previous Appropriations Acts to the De19 partment of Education available for obligation or expendi20 ture in the current fiscal year may be used for any activity 

21 relating to implementing a reorganization that decentral22 izes, reduces the staffing level, or alters the responsibil23 ities, structure, authority, or functionality of the Budget 

24 Service of the Department of Education, relative to the 

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1 organization and operation of the Budget Service as in 

2 effect on January 1, 2018. 

3 OFFICE FOR CIVIL RIGHTS

4 For expenses necessary for the Office for Civil 

5 Rights, as authorized by section 203 of the Department 

6 of Education Organization Act, $117,000,000. 

7 OFFICE OF INSPECTOR GENERAL

8 For expenses necessary for the Office of Inspector 

9 General, as authorized by section 212 of the Department 

10 of Education Organization Act, $61,143,000. 

11 GENERAL PROVISIONS

12 SEC. 301. No funds appropriated in this Act may be 

13 used for the transportation of students or teachers (or for 

14 the purchase of equipment for such transportation) in 

15 order to overcome racial imbalance in any school or school 

16 system, or for the transportation of students or teachers 

17 (or for the purchase of equipment for such transportation) 

18 in order to carry out a plan of racial desegregation of any 

19 school or school system. 

20 SEC. 302. None of the funds contained in this Act 

21 shall be used to require, directly or indirectly, the trans22 portation of any student to a school other than the school 

23 which is nearest the student’s home, except for a student 

24 requiring special education, to the school offering such 

25 special education, in order to comply with title VI of the 

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1 Civil Rights Act of 1964. For the purpose of this section 

2 an indirect requirement of transportation of students in3 cludes the transportation of students to carry out a plan 

4 involving the reorganization of the grade structure of 

5 schools, the pairing of schools, or the clustering of schools, 

6 or any combination of grade restructuring, pairing, or 

7 clustering. The prohibition described in this section does 

8 not include the establishment of magnet schools. 

9 SEC. 303. No funds appropriated in this Act may be 

10 used to prevent the implementation of programs of vol11 untary prayer and meditation in the public schools. 

12 (TRANSFER OF FUNDS)

13 SEC. 304. Not to exceed 1 percent of any discre14 tionary funds (pursuant to the Balanced Budget and 

15 Emergency Deficit Control Act of 1985) which are appro16 priated for the Department of Education in this Act may 

17 be transferred between appropriations, but no such appro18 priation shall be increased by more than 3 percent by any 

19 such transfer: Provided, That the transfer authority 

20 granted by this section shall not be used to create any 

21 new program or to fund any project or activity for which 

22 no funds are provided in this Act: Provided further, That 

23 the Committees on Appropriations of the House of Rep24 resentatives and the Senate are notified at least 15 days 

25 in advance of any transfer. 

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1 SEC. 305. Section 105(f)(1)(B)(ix) of the Compact 

2 of Free Association Amendments Act of 2003 (48 U.S.C. 

3 1921d(f)(1)(B)(ix)) shall be applied by substituting 

4 ‘‘2018’’ for ‘‘2017’’. 

5 SEC. 306. Funds appropriated in this Act and con6 solidated for evaluation purposes under section 8601(c) of 

7 the ESEA shall be available from July 1, 2018, through 

8 September 30, 2019. 

9 SEC. 307. (a) An institution of higher education that 

10 maintains an endowment fund supported with funds ap11 propriated for title III or V of the HEA for fiscal year 

12 2018 may use the income from that fund to award schol13 arships to students, subject to the limitation in section 

14 331(c)(3)(B)(i) of the HEA. The use of such income for 

15 such purposes, prior to the enactment of this Act, shall 

16 be considered to have been an allowable use of that in17 come, subject to that limitation. 

18 (b) Subsection (a) shall be in effect until titles III 

19 and V of the HEA are reauthorized. 

20 SEC. 308. Section 114(f) of the HEA (20 U.S.C. 

21 1011c(f)) is amended by striking ‘‘2017’’ and inserting 

22 ‘‘2018’’. 

23 SEC. 309. Section 458(a) of the HEA (20 U.S.C. 

24 1087h(a)) is amended in paragraph (4) by striking 

25 ‘‘2017’’ and inserting ‘‘2018’’. 

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1 (RESCISSION)

2 SEC. 310. Section 401(b)(7)(A)(iv)(VIII) of the 

3 Higher Education Act of 1965 (20 U.S.C. 

4 1070a(b)(7)(A)(iv)(VIII)) is amended by striking 

5 ‘‘$1,382,000,000’’ and inserting ‘‘$1,334,000,000’’. 

6 SEC. 311. (a) Notwithstanding any other provision 

7 of law except as provided under subsection (c), with re8 spect to a local educational agency that was notified by 

9 the Secretary in fiscal year 2017 of the agency’s eligibility 

10 to receive a basic support payment pursuant to section 

11 7003(b)(2)(B)(i)(III) of the Elementary and Secondary 

12 Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) 

13 for fiscal year 2017 but did not receive a payment under 

14 section 7003(b)(2) of such Act for fiscal year 2017, in ad15 dition to payments received by the local educational agen16 cy under section 7003(b)(1) of such Act, the Secretary 

17 shall reserve from funds appropriated to carry out section 

18 7003(b) of such Act and make payments from such funds 

19 to such local educational agency for fiscal years 2017, 

20 2018, 2019, and 2020 in the following amounts: 

21 (1) $3,000,000 for fiscal year 2017. 

22 (2) $5,000,000 for fiscal year 2018. 

23 (3) $4,000,000 for fiscal year 2019. 

24 (4) $4,000,000 for fiscal year 2020. 

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1 (b) For fiscal year 2017, a local educational agency 

2 described in subsection (a) shall not be eligible for a basic 

3 support payment pursuant to section 7003(b)(2) of the El4 ementary and Secondary Education Act of 1965 (20 

5 U.S.C. 7703(b)(2)). 

6 (c) For fiscal year 2018 and succeeding fiscal years, 

7 if a local educational agency described in subsection (a) 

8 is eligible to receive a basic support payment pursuant to 

9 section 7003(b)(2) of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 7703(b)(2)), the payment 

11 received by the local educational agency shall be calculated 

12 under section 7003(b)(2) of such Act and not under sub13 section (a). 

14 (d) Section 7003(b)(2)(B) of the Elementary and 

15 Secondary Education Act (20 U.S.C. 7703(b)(2)(B)) is 

16 amended— 

17 (1) in clause (i)(III)— 

18 (A) in item (aa), by striking ‘‘and’’ after 

19 the semicolon; 

20 (B) in item (bb)(BB)— 

21 (i) by inserting ‘‘and received assist22 ance for fiscal year 2017 pursuant to sub23 paragraph (G)’’ after ‘‘not less than 65 

24 percent’’; and 

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1 (ii) by inserting ‘‘and’’ after the semi2 colon; and 

3 (C) by adding at the end the following: 

4 ‘‘(cc) received assistance 

5 under subparagraph (A) of sec6 tion 8003(b)(2), as such section 

7 was in effect on the day before 

8 the date of enactment of the 

9 Every Student Succeeds Act 

10 (Public Law 114–95; 129 Stat. 

11 1802), for a fiscal year prior to 

12 fiscal year 2017;’’; and 

13 (2) by striking clause (iii) and inserting the fol14 lowing: 

15 ‘‘(iii) ELIGIBILITY.— 

16 ‘‘(I) FIRST TIME.—A local edu17 cational agency seeking a payment 

18 under this paragraph for the first 

19 time shall apply for and be deter20 mined eligible under clause (i) for 2 

21 consecutive years before receiving 

22 such a payment, and shall not receive 

23 such a payment for the first year of 

24 eligibility. 

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1 ‘‘(II) RESUMPTION OF ELIGI2 BILITY.—A heavily impacted local 

3 educational agency described in clause 

4 (i) that becomes ineligible under such 

5 clause for 1 or more fiscal years may 

6 resume eligibility for a basic support 

7 payment under this paragraph for a 

8 subsequent fiscal year only if the 

9 agency meets the requirements of 

10 clause (i) for that subsequent fiscal 

11 year, except that such agency shall 

12 not receive a basic support payment 

13 under this paragraph until the fiscal 

14 year succeeding the fiscal year for 

15 which the eligibility determination is 

16 made.’’. 

17 (e) Section 579(c)(2) of the National Defense Au18 thorization Act for Fiscal Year 2017 (Public Law 114– 

19 328; 130 Stat. 2145) is amended, in the matter preceding 

20 subparagraph (A), by striking ‘‘for fiscal year 2017, 2018, 

21 or 2019,’’ and inserting ‘‘for fiscal year 2017 and any suc22 ceeding fiscal year,’’. 

23 SEC. 312. For the purpose of providing temporary 

24 emergency impact aid for displaced students under the 

25 Hurricane Education Recovery heading in title VIII of 

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1 subdivision 1 of division B of the Bipartisan Budget Act 

2 of 2018 (Public Law 115–123), paragraph (2)(E) under 

3 such heading is amended by inserting before the semicolon 

4 at the end the following: ‘‘and each reference to the end 

5 of the 2005–2006 school year in section 107(f) of title 

6 IV of division B of Public Law 109–148, shall be to De7 cember 31, 2018’’. 

8 SEC. 313. (a) Notwithstanding the limitations on 

9 sharing data described in paragraph (3)(E) of section 

10 483(a) of the HEA, an institution of higher education 

11 may, with explicit written consent of an applicant who has 

12 completed a FAFSA under such section 483(a), provide 

13 such information collected from the applicant’s FAFSA as 

14 is necessary to a scholarship granting organization, includ15 ing a tribal organization (defined in section 4 of the Indian 

16 Self-Determination and Education Assistance Act (25 

17 U.S.C. 5304)), designated by the applicant to assist the 

18 applicant in applying for and receiving financial assistance 

19 for the applicant’s cost of attendance (defined in section 

20 472 of the HEA) at that institution. 

21 (b) An organization that receives information pursu22 ant to subsection (a) shall not sell or otherwise share such 

23 information. 

24 (c) This section shall be in effect until title IV of the 

25 HEA is reauthorized. 

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1 SEC. 314. (a) IN GENERAL.—For the purpose of car2 rying out section 435(a)(2) of the Higher Education Act 

3 of 1965 (20 U.S.C. 1085(a)(2)), the Secretary of Edu4 cation may waive the requirements under sections 

5 435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such Act (20 

6 U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 

7 1085(a)(5)(A)(ii))— 

8 (1) for an institution of higher education that 

9 offers an associate degree, is a public institution, 

10 and is located in an economically distressed county, 

11 defined as a county that ranks in the lowest 5 per12 cent of all counties in the United States based on a 

13 national index of county economic status; and 

14 (2) for an institution— 

15 (A) that is a public institution of higher 

16 education or a Tribal College or University (as 

17 defined in section 316(b) of such Act (20 

18 U.S.C. 1059c)); and 

19 (B) whose fall enrollment for the most re20 cently completed academic year was comprised 

21 of a majority of students who are Indian (as de22 fined in such section) or Alaska Natives (as de23 fined in section 317(b) of such Act (20 U.S.C. 

24 1059d(b)). 

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1 (b) APPLICABILITY.—Subsection (a) shall apply to an 

2 institution of higher education that otherwise would be in3 eligible to participate in a program under part A of title 

4 IV of the Higher Education Act of 1965 on or after the 

5 date of enactment of this Act due to the application of 

6 section 435(a)(2) of the Higher Education Act of 1965 

7 (20 U.S.C. 1085(a)(2)). 

8 (c) COVERAGE.—This section shall be in effect for the 

9 period covered by this Act and for the succeeding fiscal 

10 year. 

11 SEC. 315. For an additional amount for ‘‘Department 

12 of Education—Federal Direct Student Loan Program Ac13 count’’, $350,000,000, to remain available until expended, 

14 shall be for the cost, as defined under section 502 of the 

15 Congressional Budget Act of 1974, of the Secretary of 

16 Education providing loan cancellation in the same manner 

17 as under section 455(m) of the Higher Education Act of 

18 1965 (20 U.S.C. 1087e(m)), for borrowers of loans made 

19 under part D of title IV of such Act who would qualify 

20 for loan cancellation under section 455(m) except some, 

21 or all, of the 120 required payments under section 

22 455(m)(1)(A) do not qualify for purposes of the program 

23 because they were monthly payments made in accordance 

24 with graduated or extended repayment plans as described 

25 under subparagraph (B) or (C) of section 455(d)(1) or 

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1 the corresponding repayment plan for a consolidation loan 

2 made under section 455(g) and that were less than the 

3 amount calculated under section 455(d)(1)(A), based on 

4 a 10-year repayment period: Provided, That the monthly 

5 payment made 12 months before the borrower applied for 

6 loan cancellation as described in the matter preceding this 

7 proviso and the most recent monthly payment made by 

8 the borrower at the time of such application were each 

9 not less than the monthly amount that would be calculated 

10 under, and for which the borrower would otherwise qualify 

11 for, clause (i) or (iv) of section 455(m)(1)(A) regarding 

12 income-based or income-contingent repayment plans, with 

13 exception for a borrower who would have otherwise been 

14 eligible under this section but demonstrates an unusual 

15 fluctuation of income over the past 5 years: Provided fur16 ther, That the total loan volume, including outstanding 

17 principal, fees, capitalized interest, or accrued interest, at 

18 application that is eligible for such loan cancellation by 

19 such borrowers shall not exceed $500,000,000: Provided 

20 further, That the Secretary shall develop and make avail21 able a simple method for borrowers to apply for loan can22 cellation under this section within 60 days of enactment 

23 of this Act: Provided further, That the Secretary shall pro24 vide loan cancellation under this section to eligible bor25 rowers on a first-come, first-serve basis, based on the date 

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1 of application and subject to both the limitation on total 

2 loan volume at application for such loan cancellation speci3 fied in the second proviso and the availability of appropria4 tions under this section: Provided further, That no bor5 rower may, for the same service, receive a reduction of 

6 loan obligations under both this section and section 428J, 

7 428K, 428L, or 460 of such Act. 

8 SEC. 316. Of the amounts made available under this 

9 title under the heading ‘‘Student Aid Administration’’, 

10 $2,300,000 shall be used by the Secretary of Education 

11 to conduct outreach to borrowers of loans made under part 

12 D of title IV of the Higher Education Act of 1965 who 

13 may intend to qualify for loan cancellation under 455(m) 

14 of such Act (20 U.S.C. 1087e(m)), to ensure that bor15 rowers are meeting the terms and conditions of such loan 

16 cancellation: Provided, That the Secretary shall specifi17 cally conduct outreach to assist borrowers who would qual18 ify for loan cancellation under 455(m) of such Act except 

19 that the borrower has made some, or all, of the 120 re20 quired payments under a repayment plan that is not de21 scribed under section 455(m)(A) of such Act, to encourage 

22 borrowers to enroll in a qualifying repayment plan: Pro23 vided further, That the Secretary shall also communicate 

24 to all Direct Loan borrowers the full requirements of 

25 455(m) of such Act and improve the filing of employment 

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1 certification by providing improved outreach and informa2 tion such as outbound calls, electronic communications, 

3 ensuring prominent access to program requirements and 

4 benefits on each servicer’s website, and creating an option 

5 for all borrowers to complete the entire payment certifi6 cation process electronically and on a centralized website. 

7 CHILDREN OF FALLEN HEROES SCHOLARSHIP ACT

8 SEC. 317. Section 473(b) of the Higher Education 

9 Act of 1965 (20 U.S.C. 1087mm(b)) is amended— 

10 (1) in paragraph (2)— 

11 (A) in the matter preceding subparagraph 

12 (A), by inserting ‘‘(in the case of a student who 

13 meets the requirement of subparagraph (B)(i)), 

14 or academic year 2018–2019 (in the case of a 

15 student who meets the requirement of subpara16 graph (B)(ii)),’’ after ‘‘academic year 2009– 

17 2010’’; and 

18 (B) by amending subparagraph (B) to read 

19 as follows: 

20 ‘‘(B) whose parent or guardian was— 

21 ‘‘(i) a member of the Armed Forces of 

22 the United States and died as a result of 

23 performing military service in Iraq or Af24 ghanistan after September 11, 2001; or 

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1 ‘‘(ii) actively serving as a public safety 

2 officer and died in the line of duty while 

3 performing as a public safety officer; and’’; 

4 (2) in paragraph (3)— 

5 (A) by striking ‘‘Notwithstanding’’ and in6 serting the following: 

7 ‘‘(A) ARMED FORCES.—Notwithstanding’’; 

8 (B) by striking ‘‘paragraph (2)’’ and in9 serting ‘‘subparagraphs (A), (B)(i), and (C) of 

10 paragraph (2)’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(B) PUBLIC SAFETY OFFICERS.—Not13 withstanding any other provision of law, unless 

14 the Secretary establishes an alternate method 

15 to adjust the expected family contribution, for 

16 each student who meets the requirements of 

17 subparagraphs (A), (B)(ii), and (C) of para18 graph (2), a financial aid administrator shall— 

19 ‘‘(i) verify with the student that the 

20 student is eligible for the adjustment; 

21 ‘‘(ii) adjust the expected family con22 tribution in accordance with this sub23 section; and 

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1 ‘‘(iii) notify the Secretary of the ad2 justment and the student’s eligibility for 

3 the adjustment.’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(4) TREATMENT OF PELL AMOUNT.—Notwith6 standing section 1212 of the Omnibus Crime Control 

7 and Safe Streets Act of 1968 (42 U.S.C. 3796d–1), 

8 in the case of a student who receives an increased 

9 Federal Pell Grant amount under this section, the 

10 total amount of such Federal Pell Grant, including 

11 the increase under this subsection, shall not be con12 sidered in calculating that student’s educational as13 sistance benefits under the Public Safety Officers’ 

14 Benefits program under subpart 2 of part L of title 

15 I of such Act. 

16 ‘‘(5) DEFINITION OF PUBLIC SAFETY OFFI17 CER.—For purposes of this subsection, the term 

18 ‘public safety officer’ means— 

19 ‘‘(A) a public safety officer, as defined in 

20 section 1204 of title I of the Omnibus Crime 

21 Control and Safe Streets Act of 1968 (42 

22 U.S.C. 3796b); or 

23 ‘‘(B) a fire police officer, defined as an in24 dividual who— 

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1 ‘‘(i) is serving in accordance with 

2 State or local law as an officially recog3 nized or designated member of a legally or4 ganized public safety agency; 

5 ‘‘(ii) is not a law enforcement officer, 

6 a firefighter, a chaplain, or a member of a 

7 rescue squad or ambulance crew; and 

8 ‘‘(iii) provides scene security or di9 rects traffic— 

10 ‘‘(I) in response to any fire drill, 

11 fire call, or other fire, rescue, or police 

12 emergency; or 

13 ‘‘(II) at a planned special 

14 event.’’. 

15 SEC. 318. Notwithstanding any other provision of law 

16 funds awarded under part D of title IV of the Elementary 

17 and Secondary Education Act of 1965 for fiscal years 

18 2017 and 2018 may be used for the purposes in section 

19 4407(a)(9) of such Act. 

20 This title may be cited as the ‘‘Department of Edu21 cation Appropriations Act, 2018’’. 

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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, $8,250,000: 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 

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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’’), $767,629,000, 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) $17,538,000 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 $32,000,000 shall be available to carry out subtitle E of 

23 the 1990 Act; and (4) $5,400,000 shall be available for 

24 expenses authorized under section 501(a)(4)(F) of the 

25 1990 Act, which, notwithstanding the provisions of section 

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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 $206,842,000, 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 

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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, $83,737,000. 

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 requireMarch 21, 2018 (6:08 p.m.)
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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’’); 

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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 

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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 

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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. 

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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, $240,000,000. 

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, $8,480,000. 

12 MEDICARE PAYMENT ADVISORY COMMISSION

13 SALARIES AND EXPENSES

14 For expenses necessary to carry out section 1805 of 

15 the Social Security Act, $12,545,000, 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. 

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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 

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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 

March 21, 2018 (6:08 p.m.)
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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, $123,500,000, 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: ProMarch 21, 2018 (6:08 p.m.)
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1 vided further, That $10,000,000, to remain available until 

2 expended, shall be used to supplement, not supplant, exist3 ing resources devoted to operations and improvements for 

4 the Board’s Information Technology Investment Initia5 tives. 

6 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

7 For expenses necessary for the Office of Inspector 

8 General for audit, investigatory and review activities, as 

9 authorized by the Inspector General Act of 1978, not more 

10 than $11,000,000, to be derived from the railroad retire11 ment accounts and railroad unemployment insurance ac12 count. 

13 SOCIAL SECURITY ADMINISTRATION

14 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

15 For payment to the Federal Old-Age and Survivors 

16 Insurance Trust Fund and the Federal Disability Insur17 ance Trust Fund, as provided under sections 201(m) and 

18 1131(b)(2) of the Social Security Act, $11,400,000. 

19 SUPPLEMENTAL SECURITY INCOME PROGRAM

20 For carrying out titles XI and XVI of the Social Se21 curity Act, section 401 of Public Law 92–603, section 212 

22 of Public Law 93–66, as amended, and section 405 of 

23 Public Law 95–216, including payment to the Social Secu24 rity trust funds for administrative expenses incurred pur25 suant to section 201(g)(1) of the Social Security Act, 

March 21, 2018 (6:08 p.m.)
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1 $38,487,277,000, to remain available until expended: Pro2 vided, That any portion of the funds provided to a State 

3 in the current fiscal year and not obligated by the State 

4 during that year shall be returned to the Treasury: Pro5 vided further, That not more than $101,000,000 shall be 

6 available for research and demonstrations under sections 

7 1110, 1115, and 1144 of the Social Security Act, and re8 main available through September 30, 2020. 

9 For making, after June 15 of the current fiscal year, 

10 benefit payments to individuals under title XVI of the So11 cial Security Act, for unanticipated costs incurred for the 

12 current fiscal year, such sums as may be necessary. 

13 For making benefit payments under title XVI of the 

14 Social Security Act for the first quarter of fiscal year 

15 2019, $19,500,000,000, to remain available until ex16 pended. 

17 LIMITATION ON ADMINISTRATIVE EXPENSES

18 For necessary expenses, including the hire of two pas19 senger motor vehicles, and not to exceed $20,000 for offi20 cial reception and representation expenses, not more than 

21 $12,753,945,000 may be expended, as authorized by sec22 tion 201(g)(1) of the Social Security Act, from any one 

23 or all of the trust funds referred to in such section: Pro24 vided, That not less than $2,300,000 shall be for the So25 cial Security Advisory Board: Provided further, That 

March 21, 2018 (6:08 p.m.)
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1 $280,000,000 shall remain available until expended for in2 formation technology modernization, including related 

3 hardware and software infrastructure and equipment, and 

4 for administrative expenses directly associated with infor5 mation technology modernization: Provided further, That 

6 $100,000,000 shall remain available through September 

7 30, 2019, for activities to address the disability hearings 

8 backlog within the Office of Hearings Operations: Pro9 vided further, That unobligated balances of funds provided 

10 under this paragraph at the end of fiscal year 2018 not 

11 needed for fiscal year 2018 shall remain available until 

12 expended to invest in the Social Security Administration 

13 information technology and telecommunications hardware 

14 and software infrastructure, including related equipment 

15 and non-payroll administrative expenses associated solely 

16 with this information technology and telecommunications 

17 infrastructure: Provided further, That the Commissioner 

18 of Social Security shall notify the Committees on Appro19 priations of the House of Representatives and the Senate 

20 prior to making unobligated balances available under the 

21 authority in the previous proviso: Provided further, That 

22 reimbursement to the trust funds under this heading for 

23 expenditures for official time for employees of the Social 

24 Security Administration pursuant to 5 U.S.C. 7131, and 

25 for facilities or support services for labor organizations 

March 21, 2018 (6:08 p.m.)
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1 pursuant to policies, regulations, or procedures referred 

2 to in section 7135(b) of such title shall be made by the 

3 Secretary of the Treasury, with interest, from amounts in 

4 the general fund not otherwise appropriated, as soon as 

5 possible after such expenditures are made. 

6 Of the total amount made available under this head7 ing, not more than $1,735,000,000, to remain available 

8 through March 31, 2019, is for the costs associated with 

9 continuing disability reviews under titles II and XVI of 

10 the Social Security Act, including work-related continuing 

11 disability reviews to determine whether earnings derived 

12 from services demonstrate an individual’s ability to engage 

13 in substantial gainful activity, for the cost associated with 

14 conducting redeterminations of eligibility under title XVI 

15 of the Social Security Act, for the cost of co-operative dis16 ability investigation units, and for the cost associated with 

17 the prosecution of fraud in the programs and operations 

18 of the Social Security Administration by Special Assistant 

19 United States Attorneys: Provided, That, of such amount, 

20 $273,000,000 is provided to meet the terms of section 

21 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985, as amended, and 

23 $1,462,000,000 is additional new budget authority speci24 fied for purposes of section 251(b)(2)(B) of such Act: Pro25 vided further, That the Commissioner shall provide to the 

March 21, 2018 (6:08 p.m.)
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1 Congress (at the conclusion of the fiscal year) a report 

2 on the obligation and expenditure of these funds, similar 

3 to the reports that were required by section 103(d)(2) of 

4 Public Law 104–121 for fiscal years 1996 through 2002. 

5 In addition, $118,000,000 to be derived from admin6 istration fees in excess of $5.00 per supplementary pay7 ment collected pursuant to section 1616(d) of the Social 

8 Security Act or section 212(b)(3) of Public Law 93–66, 

9 which shall remain available until expended. To the extent 

10 that the amounts collected pursuant to such sections in 

11 fiscal year 2018 exceed $118,000,000, the amounts shall 

12 be available in fiscal year 2019 only to the extent provided 

13 in advance in appropriations Acts. 

14 In addition, up to $1,000,000 to be derived from fees 

15 collected pursuant to section 303(c) of the Social Security 

16 Protection Act, which shall remain available until ex17 pended. 

18 OFFICE OF INSPECTOR GENERAL

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses necessary for the Office of Inspector 

21 General in carrying out the provisions of the Inspector 

22 General Act of 1978, $30,000,000, together with not to 

23 exceed $75,500,000, to be transferred and expended as 

24 authorized by section 201(g)(1) of the Social Security Act 

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1 from the Federal Old-Age and Survivors Insurance Trust 

2 Fund and the Federal Disability Insurance Trust Fund. 

3 In addition, an amount not to exceed 3 percent of 

4 the total provided in this appropriation may be transferred 

5 from the ‘‘Limitation on Administrative Expenses’’, Social 

6 Security Administration, to be merged with this account, 

7 to be available for the time and purposes for which this 

8 account is available: Provided, That notice of such trans9 fers shall be transmitted promptly to the Committees on 

10 Appropriations of the House of Representatives and the 

11 Senate at least 15 days in advance of any transfer. 

March 21, 2018 (6:08 p.m.)
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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 reguMarch 21, 2018 (6:08 p.m.)
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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. 

March 21, 2018 (6:08 p.m.)
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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; 

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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 

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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, 

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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. 

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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. 

March 21, 2018 (6:08 p.m.)
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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; 

March 21, 2018 (6:08 p.m.)
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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 

March 21, 2018 (6:08 p.m.)
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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 

March 21, 2018 (6:08 p.m.)
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1 in this Act, the accompanying detailed table in the explan2 atory statement described in section 4 (in the matter pre3 ceding division A of this consolidated Act) or the fiscal 

4 year 2018 budget request. 

5 SEC. 517. The Secretaries of Labor, Health and 

6 Human Services, and Education shall each prepare and 

7 submit to the Committees on Appropriations of the House 

8 of Representatives and the Senate a report on the number 

9 and amount of contracts, grants, and cooperative agree10 ments exceeding $500,000 in value and awarded by the 

11 Department on a non-competitive basis during each quar12 ter of fiscal year 2018, but not to include grants awarded 

13 on a formula basis or directed by law. Such report shall 

14 include the name of the contractor or grantee, the amount 

15 of funding, the governmental purpose, including a jus16 tification for issuing the award on a non-competitive basis. 

17 Such report shall be transmitted to the Committees within 

18 30 days after the end of the quarter for which the report 

19 is submitted. 

20 SEC. 518. None of the funds appropriated in this Act 

21 shall be expended or obligated by the Commissioner of So22 cial Security, for purposes of administering Social Security 

23 benefit payments under title II of the Social Security Act, 

24 to process any claim for credit for a quarter of coverage 

25 based on work performed under a social security account 

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1 number that is not the claimant’s number and the per2 formance of such work under such number has formed the 

3 basis for a conviction of the claimant of a violation of sec4 tion 208(a)(6) or (7) of the Social Security Act. 

5 SEC. 519. None of the funds appropriated by this Act 

6 may be used by the Commissioner of Social Security or 

7 the Social Security Administration to pay the compensa8 tion of employees of the Social Security Administration 

9 to administer Social Security benefit payments, under any 

10 agreement between the United States and Mexico estab11 lishing totalization arrangements between the social secu12 rity system established by title II of the Social Security 

13 Act and the social security system of Mexico, which would 

14 not otherwise be payable but for such agreement. 

15 SEC. 520. Notwithstanding any other provision of 

16 this Act, no funds appropriated in this Act shall be used 

17 to purchase sterile needles or syringes for the hypodermic 

18 injection of any illegal drug: Provided, That such limita19 tion does not apply to the use of funds for elements of 

20 a program other than making such purchases if the rel21 evant State or local health department, in consultation 

22 with the Centers for Disease Control and Prevention, de23 termines that the State or local jurisdiction, as applicable, 

24 is experiencing, or is at risk for, a significant increase in 

25 hepatitis infections or an HIV outbreak due to injection 

March 21, 2018 (6:08 p.m.)
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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. 

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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 

March 21, 2018 (6:08 p.m.)
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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 any available amounts appropriated 

24 under section 2104(a)(21) of the Social Security Act (42 

25 U.S.C. 1397dd) that are unobligated as of September 25, 

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1 2018, $3,572,000,000 are hereby rescinded as of such 

2 date. 

3 SEC. 528. Amounts deposited in the Child Enroll4 ment Contingency Fund prior to the beginning of fiscal 

5 year 2018 under section 2104(n)(2) of the Social Security 

6 Act and the income derived from investment of those 

7 funds pursuant to section 2104(n)(2)(C) of that Act, shall 

8 not be available for obligation in this fiscal year. 

9 SEC. 529. Of the amounts deposited in the Child En10 rollment Contingency Fund for fiscal year 2018 under sec11 tion 2104(n)(2) of the Social Security Act and the income 

12 derived from investment of those funds pursuant to sec13 tion 2104(n)(2)(C) of that Act, $1,967,678,000 shall not 

14 be available for obligation in this fiscal year. 

15 (RESCISSION)

16 SEC. 530. Of the funds made available for purposes 

17 of carrying out section 2105(a)(3) of the Social Security 

18 Act, $88,613,000 are hereby rescinded. 

19 (RESCISSION)

20 SEC. 531. Any unobligated balances of available 

21 amounts appropriated under section 108 of Public Law 

22 111–3, as amended, other than amounts subject to section 

23 210(f) of the Social Security Act, are hereby rescinded. 

March 21, 2018 (6:08 p.m.)
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1 This division may be cited as the ‘‘Departments of 

2 Labor, Health and Human Services, and Education, and 

3 Related Agencies Appropriations Act, 2018’’. 

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1 DIVISION I—LEGISLATIVE BRANCH 

2 APPROPRIATIONS ACT, 2018 

3 TITLE I 

4 LEGISLATIVE BRANCH 

5 SENATE 

6 EXPENSE ALLOWANCES

7 For expense allowances of the Vice President, 

8 $18,760; the President Pro Tempore of the Senate, 

9 $37,520; Majority Leader of the Senate, $39,920; Minor10 ity Leader of the Senate, $39,920; Majority Whip of the 

11 Senate, $9,980; Minority Whip of the Senate, $9,980; 

12 President Pro Tempore Emeritus, $15,000; Chairmen of 

13 the Majority and Minority Conference Committees, $4,690 

14 for each Chairman; and Chairmen of the Majority and Mi15 nority Policy Committees, $4,690 for each Chairman; in 

16 all, $189,840. 

17 For representation allowances of the Majority and 

18 Minority Leaders of the Senate, $14,070 for each such 

19 Leader; in all, $28,140. 

20 SALARIES, OFFICERS AND EMPLOYEES

21 For compensation of officers, employees, and others 

22 as authorized by law, including agency contributions, 

23 $194,867,812, which shall be paid from this appropriation 

24 as follows: 

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1 OFFICE OF THE VICE PRESIDENT

2 For the Office of the Vice President, $2,417,248. 

3 OFFICE OF THE PRESIDENT PRO TEMPORE

4 For the Office of the President Pro Tempore, 

5 $723,466. 

6 OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS

7 For the Office of the President Pro Tempore Emer8 itus, $309,000. 

9 OFFICES OF THE MAJORITY AND MINORITY LEADERS

10 For Offices of the Majority and Minority Leaders, 

11 $5,255,576. 

12 OFFICES OF THE MAJORITY AND MINORITY WHIPS

13 For Offices of the Majority and Minority Whips, 

14 $3,359,424. 

15 COMMITTEE ON APPROPRIATIONS

16 For salaries of the Committee on Appropriations, 

17 $15,142,000. 

18 CONFERENCE COMMITTEES

19 For the Conference of the Majority and the Con20 ference of the Minority, at rates of compensation to be 

21 fixed by the Chairman of each such committee, 

22 $1,658,000 for each such committee; in all, $3,316,000. 

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1 OFFICES OF THE SECRETARIES OF THE CONFERENCE OF

2 THE MAJORITY AND THE CONFERENCE OF THE MINORITY

3 For Offices of the Secretaries of the Conference of 

4 the Majority and the Conference of the Minority, 

5 $817,402. 

6 POLICY COMMITTEES

7 For salaries of the Majority Policy Committee and 

8 the Minority Policy Committee, $1,692,905 for each such 

9 committee; in all, $3,385,810. 

10 OFFICE OF THE CHAPLAIN

11 For Office of the Chaplain, $436,886. 

12 OFFICE OF THE SECRETARY

13 For Office of the Secretary, $25,132,000. 

14 OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

15 For Office of the Sergeant at Arms and Doorkeeper, 

16 $78,565,000. 

17 OFFICES OF THE SECRETARIES FOR THE MAJORITY AND

18 MINORITY

19 For Offices of the Secretary for the Majority and the 

20 Secretary for the Minority, $1,810,000. 

21 AGENCY CONTRIBUTIONS AND RELATED EXPENSES

22 For agency contributions for employee benefits, as 

23 authorized by law, and related expenses, $54,198,000. 

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1 OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

2 For salaries and expenses of the Office of the Legisla3 tive Counsel of the Senate, $6,115,000. 

4 OFFICE OF SENATE LEGAL COUNSEL

5 For salaries and expenses of the Office of Senate 

6 Legal Counsel, $1,147,000. 

7 EXPENSE ALLOWANCES OF THE SECRETARY OF THE

8 SENATE, SERGEANT AT ARMS AND DOORKEEPER OF

9 THE SENATE, AND SECRETARIES FOR THE MAJOR10 ITY AND MINORITY OF THE SENATE

11 For expense allowances of the Secretary of the Sen12 ate, $7,110; Sergeant at Arms and Doorkeeper of the Sen13 ate, $7,110; Secretary for the Majority of the Senate, 

14 $7,110; Secretary for the Minority of the Senate, $7,110; 

15 in all, $28,440. 

16 CONTINGENT EXPENSES OF THE SENATE

17 INQUIRIES AND INVESTIGATIONS

18 For expenses of inquiries and investigations ordered 

19 by the Senate, or conducted under paragraph 1 of rule 

20 XXVI of the Standing Rules of the Senate, section 112 

21 of the Supplemental Appropriations and Rescission Act, 

22 1980 (Public Law 96–304), and Senate Resolution 281, 

23 96th Congress, agreed to March 11, 1980, $133,265,000, 

24 of which $26,650,000 shall remain available until Sep25 tember 30, 2020. 

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1 U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS

2 CONTROL

3 For expenses of the United States Senate Caucus on 

4 International Narcotics Control, $508,000. 

5 SECRETARY OF THE SENATE

6 For expenses of the Office of the Secretary of the 

7 Senate, $10,536,000 of which $7,036,000 shall remain 

8 available until September 30, 2022 and of which 

9 $4,100,000 shall remain available until expended. 

10 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

11 For expenses of the Office of the Sergeant at Arms 

12 and Doorkeeper of the Senate, $130,076,000, which shall 

13 remain available until September 30, 2022. 

14 MISCELLANEOUS ITEMS

15 For miscellaneous items, $18,870,349 which shall re16 main available until September 30, 2020. 

17 SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE

18 ACCOUNT

19 For Senators’ Official Personnel and Office Expense 

20 Account, $424,000,000 of which $20,128,950 shall remain 

21 available until September 30, 2020. 

22 OFFICIAL MAIL COSTS

23 For expenses necessary for official mail costs of the 

24 Senate, $300,000. 

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1 ADMINISTRATIVE PROVISIONS

2 REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFI3 CIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

4 TO BE USED FOR DEFICIT REDUCTION OR TO RE5 DUCE THE FEDERAL DEBT

6 SEC. 101. Notwithstanding any other provision of 

7 law, any amounts appropriated under this Act under the 

8 heading ‘‘SENATE’’ under the heading ‘‘CONTINGENT

9 EXPENSES OF THE SENATE’’ under the heading ‘‘SEN10 ATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE AC11 COUNT’’ shall be available for obligation only during the 

12 fiscal year or fiscal years for which such amounts are 

13 made available. Any unexpended balances under such al14 lowances remaining after the end of the period of avail15 ability shall be returned to the Treasury in accordance 

16 with the undesignated paragraph under the center heading 

17 ‘‘GENERAL PROVISION’’ under chapter XI of the 

18 Third Supplemental Appropriation Act, 1957 (2 U.S.C. 

19 4107) and used for deficit reduction (or, if there is no 

20 Federal budget deficit after all such payments have been 

21 made, for reducing the Federal debt, in such manner as 

22 the Secretary of the Treasury considers appropriate). 

23 SENATE PROCUREMENTS

24 SEC. 102. Section 6102 of title 41, United States 

25 Code, is amended by adding at the end the following: 

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1 ‘‘(i) SENATE.—Section 6101 of this title does not 

2 apply to agreements, contracts or purchases by any office 

3 of the Senate.’’. 

4 STUDENT LOAN REPAYMENT FOR EMPLOYEES OF

5 DEPARTING SENATORS AND VICE PRESIDENTS

6 SEC. 103. (a) Section 102 of the Legislative Branch 

7 Appropriations Act, 2002 (2 U.S.C. 4579) is amended— 

8 (1) in subsection (a)— 

9 (A) by redesignating paragraphs (1) 

10 through (5) as paragraphs (3) through (7), re11 spectively; 

12 (B) by inserting before paragraph (3), as 

13 so redesignated, the following: 

14 ‘‘(1) DEPARTURE DATE.—The term ‘departure 

15 date’ means the earlier of— 

16 ‘‘(A) the date on which the term of a de17 parting Senator or Vice President ends; or 

18 ‘‘(B) the date on which the departing Sen19 ator or Vice President will retire or resign. 

20 ‘‘(2) DEPARTING SENATOR OR VICE PRESI21 DENT.—The term ‘departing Senator or Vice Presi22 dent’ means a Senator or Vice President who will 

23 not serve in the next term due to retirement, res24 ignation, a decision to not seek reelection, or a fail25 ure to secure reelection.’’; and 

March 21, 2018 (6:08 p.m.)
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1 (C) in paragraph (3)(B), as so redesig2 nated, by striking ‘‘rate of basic pay for an em3 ployee for a position at ES-1’’ and all that fol4 lows and inserting ‘‘rate of basic pay payable 

5 for a position at level IV of the Executive 

6 Schedule under section 5315 of title 5, United 

7 States Code.’’; 

8 (2) in subsection (b)(1)(A)(ii), by striking ‘‘1- 

9 year’’; 

10 (3) in subsection (c)(1)— 

11 (A) by striking ‘‘The term’’ and inserting 

12 the following: 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the term’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(B) DEPARTING SENATORS AND VICE

17 PRESIDENTS.—After the date that is 1 year be18 fore the departure date of a departing Senator 

19 or Vice President, the departing Senator or 

20 Vice President may enter into a service agree21 ment under this section with an eligible em22 ployee of the office of the Senator or Vice 

23 President (including an eligible employee who 

24 has completed a required period of employment 

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1 under a previous service agreement) that in2 cludes a required period of employment that— 

3 ‘‘(i) is less than 1 year; and 

4 ‘‘(ii) shall end on the last day of the 

5 last full pay period ending on or before the 

6 departure date of the departing Senator or 

7 Vice President.’’; 

8 (4) in subsection (d)— 

9 (A) in paragraph (2)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘or’’ at the end; 

12 (ii) in subparagraph (B), by striking 

13 ‘‘under subsection (f)(7).’’ and inserting a 

14 semicolon; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(C) the agreement is terminated as pro18 vided under subsection (f)(7)(A); or 

19 ‘‘(D) the employee separates from service 

20 with the office of a departing Senator or Vice 

21 President.’’; and 

22 (B) in paragraph (3), by inserting ‘‘(in23 cluding a required period of employment de24 scribed in subsection (c)(1)(B))’’ after ‘‘re25 quired period of employment’’; and 

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1 (5) in subsection (f), by striking paragraph (7) 

2 and inserting the following: 

3 ‘‘(7) CHANGE IN PAYMENTS.— 

4 ‘‘(A) REDUCTION.— 

5 ‘‘(i) IN GENERAL.—Notwithstanding 

6 the terms of a service agreement under 

7 this section, the head of an employing of8 fice may reduce the amount of student 

9 loan payments made under the agreement 

10 if adequate funds are not available to such 

11 office. 

12 ‘‘(ii) NOTICE.—If the head of an em13 ploying office decides to reduce the amount 

14 of student loan payments to an eligible em15 ployee under clause (i)— 

16 ‘‘(I) the employing office shall 

17 concurrently notify the eligible em18 ployee and the Secretary of the Sen19 ate of the reduction; and 

20 ‘‘(II) not later than 30 days after 

21 the date of the concurrent notice, the 

22 eligible employee may terminate the 

23 service agreement. 

24 ‘‘(B) INCREASE.—Notwithstanding the 

25 terms of a service agreement under this section, 

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1 the head of an employing office, with the con2 sent of an eligible employee, may increase the 

3 amount of student loan payments made under 

4 the agreement with the eligible employee, if— 

5 ‘‘(i) the office has adequate funds 

6 available for the purpose of agreements 

7 under this section; 

8 ‘‘(ii) the amount of the increased pay9 ment does not exceed the limitations under 

10 this section; and 

11 ‘‘(iii) the total amount of the loan 

12 payments to be made (including such in13 crease) during the remainder of the re14 quired period of employment does not ex15 ceed the amount of student loan indebted16 ness of the eligible employee as of the date 

17 of the increase.’’. 

18 (b) The amendments made by this section shall— 

19 (1) take effect on the date of enactment of this 

20 Act; and 

21 (2) apply to a service agreement under section 

22 102 of the Legislative Branch Appropriations Act, 

23 2002 (2 U.S.C. 4579) that is in effect on the date 

24 of enactment of this Act or entered into on or after 

25 the date of enactment of this Act. 

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1 HOUSE OF REPRESENTATIVES 

2 SALARIES AND EXPENSES

3 For salaries and expenses of the House of Represent4 atives, $1,200,000,766, as follows: 

5 HOUSE LEADERSHIP OFFICES

6 For salaries and expenses, as authorized by law, 

7 $22,278,891, including: Office of the Speaker, 

8 $6,645,417, including $25,000 for official expenses of the 

9 Speaker; Office of the Majority Floor Leader, $2,180,048, 

10 including $10,000 for official expenses of the Majority 

11 Leader; Office of the Minority Floor Leader, $7,114,471, 

12 including $10,000 for official expenses of the Minority 

13 Leader; Office of the Majority Whip, including the Chief 

14 Deputy Majority Whip, $1,886,632, including $5,000 for 

15 official expenses of the Majority Whip; Office of the Mi16 nority Whip, including the Chief Deputy Minority Whip, 

17 $1,459,639, including $5,000 for official expenses of the 

18 Minority Whip; Republican Conference, $1,505,426; 

19 Democratic Caucus, $1,487,258: Provided, That such 

20 amount for salaries and expenses shall remain available 

21 from January 3, 2018 until January 2, 2019. 

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1 MEMBERS’ REPRESENTATIONAL ALLOWANCES

2 INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL

3 EXPENSES OF MEMBERS, AND OFFICIAL MAIL

4 For Members’ representational allowances, including 

5 Members’ clerk hire, official expenses, and official mail, 

6 $562,632,498. 

7 COMMITTEE EMPLOYEES

8 STANDING COMMITTEES, SPECIAL AND SELECT

9 For salaries and expenses of standing committees, 

10 special and select, authorized by House resolutions, 

11 $127,053,373: Provided, That such amount shall remain 

12 available for such salaries and expenses until December 

13 31, 2018, except that $3,150,200 of such amount shall 

14 remain available until expended for committee room up15 grading. 

16 COMMITTEE ON APPROPRIATIONS

17 For salaries and expenses of the Committee on Ap18 propriations, $23,226,000, including studies and examina19 tions of executive agencies and temporary personal serv20 ices for such committee, to be expended in accordance with 

21 section 202(b) of the Legislative Reorganization Act of 

22 1946 and to be available for reimbursement to agencies 

23 for services performed: Provided, That such amount shall 

24 remain available for such salaries and expenses until De25 cember 31, 2018. 

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1 SALARIES, OFFICERS AND EMPLOYEES

2 For compensation and expenses of officers and em3 ployees, as authorized by law, $204,356,000, including: 

4 for salaries and expenses of the Office of the Clerk, includ5 ing the positions of the Chaplain and the Historian, and 

6 including not more than $25,000 for official representa7 tion and reception expenses, of which not more than 

8 $20,000 is for the Family Room and not more than 

9 $2,000 is for the Office of the Chaplain, $27,945,000; for 

10 salaries and expenses of the Office of the Sergeant at 

11 Arms, including the position of Superintendent of Garages 

12 and the Office of Emergency Management, and including 

13 not more than $3,000 for official representation and re14 ception expenses, $20,505,000 of which $6,696,000 shall 

15 remain available until expended; for salaries and expenses 

16 of the Office of the Chief Administrative Officer including 

17 not more than $3,000 for official representation and re18 ception expenses, $132,865,000, of which $2,108,000 

19 shall remain available until expended; for salaries and ex20 penses of the Office of the Inspector General, $4,968,000; 

21 for salaries and expenses of the Office of General Counsel, 

22 $1,492,000; for salaries and expenses of the Office of the 

23 Parliamentarian, including the Parliamentarian, $2,000 

24 for preparing the Digest of Rules, and not more than 

25 $1,000 for official representation and reception expenses, 

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1 $2,037,000; for salaries and expenses of the Office of the 

2 Law Revision Counsel of the House, $3,209,000; for sala3 ries and expenses of the Office of the Legislative Counsel 

4 of the House, $9,937,000; for salaries and expenses of the 

5 Office of Interparliamentary Affairs, $814,000; for other 

6 authorized employees, $584,000. 

7 ALLOWANCES AND EXPENSES

8 For allowances and expenses as authorized by House 

9 resolution or law, $260,454,004, including: supplies, mate10 rials, administrative costs and Federal tort claims, 

11 $3,625,000; official mail for committees, leadership of12 fices, and administrative offices of the House, $190,000; 

13 Government contributions for health, retirement, Social 

14 Security, and other applicable employee benefits, 

15 $233,040,004, to remain available until March 31, 2019; 

16 Business Continuity and Disaster Recovery, $16,186,000 

17 of which $5,000,000 shall remain available until expended; 

18 transition activities for new members and staff, 

19 $2,273,000, to remain available until expended; Wounded 

20 Warrior Program $2,750,000, to remain available until 

21 expended; Office of Congressional Ethics, $1,670,000; and 

22 miscellaneous items including purchase, exchange, mainte23 nance, repair and operation of House motor vehicles, 

24 interparliamentary receptions, and gratuities to heirs of 

25 deceased employees of the House, $720,000. 

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1 ADMINISTRATIVE PROVISIONS

2 REQUIRING AMOUNTS REMAINING IN MEMBERS’ REP3 RESENTATIONAL ALLOWANCES TO BE USED FOR

4 DEFICIT REDUCTION OR TO REDUCE THE FEDERAL

5 DEBT

6 SEC. 110. (a) Notwithstanding any other provision 

7 of law, any amounts appropriated under this Act for 

8 ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND

9 EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOW10 ANCES’’ shall be available only for fiscal year 2018. Any 

11 amount remaining after all payments are made under such 

12 allowances for fiscal year 2018 shall be deposited in the 

13 Treasury and used for deficit reduction (or, if there is no 

14 Federal budget deficit after all such payments have been 

15 made, for reducing the Federal debt, in such manner as 

16 the Secretary of the Treasury considers appropriate). 

17 (b) REGULATIONS.—The Committee on House Ad18 ministration of the House of Representatives shall have 

19 authority to prescribe regulations to carry out this section. 

20 (c) DEFINITION.—As used in this section, the term 

21 ‘‘Member of the House of Representatives’’ means a Rep22 resentative in, or a Delegate or Resident Commissioner 

23 to, the Congress. 

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1 DELIVERY OF BILLS AND RESOLUTIONS

2 SEC. 111. None of the funds made available in this 

3 Act may be used to deliver a printed copy of a bill, joint 

4 resolution, or resolution to the office of a Member of the 

5 House of Representatives (including a Delegate or Resi6 dent Commissioner to the Congress) unless the Member 

7 requests a copy. 

8 DELIVERY OF CONGRESSIONAL RECORD

9 SEC. 112. None of the funds made available by this 

10 Act may be used to deliver a printed copy of any version 

11 of the Congressional Record to the office of a Member of 

12 the House of Representatives (including a Delegate or 

13 Resident Commissioner to the Congress). 

14 LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

15 SEC. 113. None of the funds made available in this 

16 Act may be used by the Chief Administrative Officer of 

17 the House of Representatives to make any payments from 

18 any Members’ Representational Allowance for the leasing 

19 of a vehicle, excluding mobile district offices, in an aggre20 gate amount that exceeds $1,000 for the vehicle in any 

21 month. 

22 LIMITATION ON PRINTED COPIES OF U.S. CODE TO

23 HOUSE

24 SEC. 114. None of the funds made available by this 

25 Act may be used to provide an aggregate number of more 

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1 than 50 printed copies of any edition of the United States 

2 Code to all offices of the House of Representatives. 

3 DELIVERY OF REPORTS OF DISBURSEMENTS

4 SEC. 115. None of the funds made available by this 

5 Act may be used to deliver a printed copy of the report 

6 of disbursements for the operations of the House of Rep7 resentatives under section 106 of the House of Represent8 atives Administrative Reform Technical Corrections Act 

9 (2 U.S.C. 5535) to the office of a Member of the House 

10 of Representatives (including a Delegate or Resident Com11 missioner to the Congress). 

12 DELIVERY OF DAILY CALENDAR

13 SEC. 116. None of the funds made available by this 

14 Act may be used to deliver to the office of a Member of 

15 the House of Representatives (including a Delegate or 

16 Resident Commissioner to the Congress) a printed copy 

17 of the Daily Calendar of the House of Representatives 

18 which is prepared by the Clerk of the House of Represent19 atives. 

20 DELIVERY OF CONGRESSIONAL PICTORIAL DIRECTORY

21 SEC. 117. None of the funds made available by this 

22 Act may be used to deliver a printed copy of the Congres23 sional Pictorial Directory to the office of a Member of the 

24 House of Representatives (including a Delegate or Resi25 dent Commissioner to the Congress). 

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1 AMENDING THE HOUSE SERVICES REVOLVING FUND

2 SEC. 118. (a) COLLECTION OF CERTAIN SERVICE

3 FEES.—Section 105(a) of the Legislative Branch Appro4 priations Act, 2005 (2 U.S.C. 5545(a)) is amended by 

5 adding at the end the following new paragraph: 

6 ‘‘(7) The collection of a service fee from ven7 dors of the Master Web Services Agreement or the 

8 Technology Services Contract for failure to abide by 

9 and maintain House of Representatives security poli10 cies.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect on the date of the enact13 ment of this Act. 

14 TRANSFER OF FUNDS

15 SEC. 119. (a) Notwithstanding any other provision 

16 of law, upon completion of the second fiscal year which 

17 begins after the end of the period during which amounts 

18 appropriated under any of the items under the heading 

19 ‘‘House of Representatives, Salaries and Expenses’’ are 

20 available for obligation or expenditure, any such amounts 

21 which remain unobligated and unexpended shall be trans22 ferred to the heading ‘‘House of Representatives, Salaries 

23 and Expenses, Allowances and Expenses’’ and shall be 

24 available until expended for purposes of House of Rep25 resentatives Business Continuity and Disaster Recovery. 

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1 (b) Subsection (a) does not apply to amounts appro2 priated under the heading ‘‘House of Representatives, Sal3 aries and Expenses, Members’ Representational Allow4 ances’’. 

5 (c) The Chief Administrative Officer of the House of 

6 Representatives shall notify the Committee on Appropria7 tions of the House of Representatives prior to the obliga8 tion or expenditure of any amounts transferred under sub9 section (a). 

10 (d) This section shall apply with respect to amounts 

11 appropriated for fiscal year 2018 or any succeeding fiscal 

12 year. 

13 JOINT ITEMS 

14 For Joint Committees, as follows: 

15 JOINT ECONOMIC COMMITTEE

16 For salaries and expenses of the Joint Economic 

17 Committee, $4,203,000, to be disbursed by the Secretary 

18 of the Senate. 

19 JOINT COMMITTEE ON TAXATION

20 For salaries and expenses of the Joint Committee on 

21 Taxation, $11,169,000, to be disbursed by the Chief Ad22 ministrative Officer of the House of Representatives. 

23 For other joint items, as follows: 

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1 OFFICE OF THE ATTENDING PHYSICIAN

2 For medical supplies, equipment, and contingent ex3 penses of the emergency rooms, and for the Attending 

4 Physician and his assistants, including: 

5 (1) an allowance of $2,175 per month to the 

6 Attending Physician; 

7 (2) an allowance of $1,300 per month to the 

8 Senior Medical Officer; 

9 (3) an allowance of $725 per month each to 

10 three medical officers while on duty in the Office of 

11 the Attending Physician; 

12 (4) an allowance of $725 per month to 2 assist13 ants and $580 per month each not to exceed 11 as14 sistants on the basis heretofore provided for such as15 sistants; and 

16 (5) $2,780,000 for reimbursement to the De17 partment of the Navy for expenses incurred for staff 

18 and equipment assigned to the Office of the Attend19 ing Physician, which shall be advanced and credited 

20 to the applicable appropriation or appropriations 

21 from which such salaries, allowances, and other ex22 penses are payable and shall be available for all the 

23 purposes thereof, $3,838,000, to be disbursed by the 

24 Chief Administrative Officer of the House of Rep25 resentatives. 

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1 OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

2 SALARIES AND EXPENSES

3 For salaries and expenses of the Office of Congres4 sional Accessibility Services, $1,444,000, to be disbursed 

5 by the Secretary of the Senate. 

6 CAPITOL POLICE 

7 SALARIES

8 For salaries of employees of the Capitol Police, in9 cluding overtime, hazardous duty pay, and Government 

10 contributions for health, retirement, social security, pro11 fessional liability insurance, and other applicable employee 

12 benefits, $351,700,000 of which overtime shall not exceed 

13 $45,000,000 unless the Committee on Appropriations of 

14 the House and Senate are notified, to be disbursed by the 

15 Chief of the Capitol Police or his designee. 

16 GENERAL EXPENSES

17 For necessary expenses of the Capitol Police, includ18 ing motor vehicles, communications and other equipment, 

19 security equipment and installation, uniforms, weapons, 

20 supplies, materials, training, medical services, forensic 

21 services, stenographic services, personal and professional 

22 services, the employee assistance program, the awards pro23 gram, postage, communication services, travel advances, 

24 relocation of instructor and liaison personnel for the Fed25 eral Law Enforcement Training Center, and not more 

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1 than $5,000 to be expended on the certification of the 

2 Chief of the Capitol Police in connection with official rep3 resentation and reception expenses, $74,800,000, to be 

4 disbursed by the Chief of the Capitol Police or his des5 ignee: Provided, That, notwithstanding any other provi6 sion of law, the cost of basic training for the Capitol Police 

7 at the Federal Law Enforcement Training Center for fis8 cal year 2018 shall be paid by the Secretary of Homeland 

9 Security from funds available to the Department of Home10 land Security. 

11 OFFICE OF COMPLIANCE 

12 SALARIES AND EXPENSES

13 For salaries and expenses of the Office of Compli14 ance, as authorized by section 305 of the Congressional 

15 Accountability Act of 1995 (2 U.S.C. 1385), $4,959,000, 

16 of which $450,000 shall remain available until September 

17 30, 2019: Provided, That not more than $500 may be ex18 pended on the certification of the Executive Director of 

19 the Office of Compliance in connection with official rep20 resentation and reception expenses. 

21 CONGRESSIONAL BUDGET OFFICE 

22 SALARIES AND EXPENSES

23 For salaries and expenses necessary for operation of 

24 the Congressional Budget Office, including not more than 

25 $6,000 to be expended on the certification of the Director 

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1 of the Congressional Budget Office in connection with offi2 cial representation and reception expenses, $49,945,000. 

3 ADMINISTRATIVE PROVISION

4 CONTRACTING PARITY

5 SEC. 130. In fiscal year 2018 and thereafter, for all 

6 contracts for goods and services to which the Congres7 sional Budget Office is a party, the following Federal Ac8 quisition Regulation (FAR) clauses will apply: FAR 

9 52.232–39 and FAR 52.233–4. 

10 ARCHITECT OF THE CAPITOL 

11 CAPITAL CONSTRUCTION AND OPERATIONS

12 For salaries for the Architect of the Capitol, and 

13 other personal services, at rates of pay provided by law; 

14 for all necessary expenses for surveys and studies, con15 struction, operation, and general and administrative sup16 port in connection with facilities and activities under the 

17 care of the Architect of the Capitol including the Botanic 

18 Garden; electrical substations of the Capitol, Senate and 

19 House office buildings, and other facilities under the juris20 diction of the Architect of the Capitol; including fur21 nishings and office equipment; including not more than 

22 $5,000 for official reception and representation expenses, 

23 to be expended as the Architect of the Capitol may ap24 prove; for purchase or exchange, maintenance, and oper25 ation of a passenger motor vehicle, $93,478,000. 

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1 CAPITOL BUILDING

2 For all necessary expenses for the maintenance, care 

3 and operation of the Capitol, $45,300,000, of which 

4 $19,458,000 shall remain available until September 30, 

5 2022. 

6 CAPITOL GROUNDS

7 For all necessary expenses for care and improvement 

8 of grounds surrounding the Capitol, the Senate and House 

9 office buildings, and the Capitol Power Plant, 

10 $13,333,000, of which $3,195,000 shall remain available 

11 until September 30, 2022. 

12 SENATE OFFICE BUILDINGS

13 For all necessary expenses for the maintenance, care 

14 and operation of Senate office buildings; and furniture and 

15 furnishings to be expended under the control and super16 vision of the Architect of the Capitol, $101,614,000, of 

17 which $38,937,000 shall remain available until September 

18 30, 2022. 

19 HOUSE OFFICE BUILDINGS

20 For all necessary expenses for the maintenance, care 

21 and operation of the House office buildings, 

22 $197,294,000, of which $73,130,000 shall remain avail23 able until September 30, 2022, and of which $62,000,000 

24 shall remain available until expended for the restoration 

25 and renovation of the Cannon House Office Building. 

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1 In addition, for a payment to the House Historic 

2 Buildings Revitalization Trust Fund, $10,000,000, to re3 main available until expended. 

4 CAPITOL POWER PLANT

5 For all necessary expenses for the maintenance, care 

6 and operation of the Capitol Power Plant; lighting, heat7 ing, power (including the purchase of electrical energy) 

8 and water and sewer services for the Capitol, Senate and 

9 House office buildings, Library of Congress buildings, and 

10 the grounds about the same, Botanic Garden, Senate ga11 rage, and air conditioning refrigeration not supplied from 

12 plants in any of such buildings; heating the Government 

13 Publishing Office and Washington City Post Office, and 

14 heating and chilled water for air conditioning for the Su15 preme Court Building, the Union Station complex, the 

16 Thurgood Marshall Federal Judiciary Building and the 

17 Folger Shakespeare Library, expenses for which shall be 

18 advanced or reimbursed upon request of the Architect of 

19 the Capitol and amounts so received shall be deposited 

20 into the Treasury to the credit of this appropriation, 

21 $106,694,000, of which $28,057,000 shall remain avail22 able until September 30, 2022: Provided, That not more 

23 than $9,000,000 of the funds credited or to be reimbursed 

24 to this appropriation as herein provided shall be available 

25 for obligation during fiscal year 2018. 

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1 LIBRARY BUILDINGS AND GROUNDS

2 For all necessary expenses for the mechanical and 

3 structural maintenance, care and operation of the Library 

4 buildings and grounds, $74,873,000, of which 

5 $47,500,000 shall remain available until September 30, 

6 2022. 

7 CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

8 For all necessary expenses for the maintenance, care 

9 and operation of buildings, grounds and security enhance10 ments of the United States Capitol Police, wherever lo11 cated, the Alternate Computing Facility, and Architect of 

12 the Capitol security operations, $34,249,000, of which 

13 $13,300,000 shall remain available until September 30, 

14 2022. 

15 BOTANIC GARDEN

16 For all necessary expenses for the maintenance, care 

17 and operation of the Botanic Garden and the nurseries, 

18 buildings, grounds, and collections; and purchase and ex19 change, maintenance, repair, and operation of a passenger 

20 motor vehicle; all under the direction of the Joint Com21 mittee on the Library, $13,800,000, of which $3,000,000 

22 shall remain available until September 30, 2022: Provided, 

23 That, of the amount made available under this heading, 

24 the Architect of the Capitol may obligate and expend such 

25 sums as may be necessary for the maintenance, care and 

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1 operation of the National Garden established under sec2 tion 307E of the Legislative Branch Appropriations Act, 

3 1989 (2 U.S.C. 2146), upon vouchers approved by the Ar4 chitect of the Capitol or a duly authorized designee. 

5 CAPITOL VISITOR CENTER

6 For all necessary expenses for the operation of the 

7 Capitol Visitor Center, $21,470,000. 

8 ADMINISTRATIVE PROVISIONS

9 NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR

10 OVER BUDGET

11 SEC. 140. None of the funds made available in this 

12 Act for the Architect of the Capitol may be used to make 

13 incentive or award payments to contractors for work on 

14 contracts or programs for which the contractor is behind 

15 schedule or over budget, unless the Architect of the Cap16 itol, or agency-employed designee, determines that any 

17 such deviations are due to unforeseeable events, govern18 ment-driven scope changes, or are not significant within 

19 the overall scope of the project and/or program. 

20 SCRIMS

21 SEC. 141. None of the funds made available by this 

22 Act may be used for scrims containing photographs of 

23 building facades during restoration or construction 

24 projects performed by the Architect of the Capitol. 

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1 LIBRARY OF CONGRESS 

2 SALARIES AND EXPENSES

3 For all necessary expenses of the Library of Congress 

4 not otherwise provided for, including development and 

5 maintenance of the Library’s catalogs; custody and custo6 dial care of the Library buildings; special clothing; clean7 ing, laundering and repair of uniforms; preservation of 

8 motion pictures in the custody of the Library; operation 

9 and maintenance of the American Folklife Center in the 

10 Library; preparation and distribution of catalog records 

11 and other publications of the Library; hire or purchase 

12 of one passenger motor vehicle; and expenses of the Li13 brary of Congress Trust Fund Board not properly charge14 able to the income of any trust fund held by the Board, 

15 $477,017,000, of which not more than $6,000,000 shall 

16 be derived from collections credited to this appropriation 

17 during fiscal year 2018, and shall remain available until 

18 expended, under the Act of June 28, 1902 (chapter 1301; 

19 32 Stat. 480; 2 U.S.C. 150) and not more than $350,000 

20 shall be derived from collections during fiscal year 2018 

21 and shall remain available until expended for the develop22 ment and maintenance of an international legal informa23 tion database and activities related thereto: Provided, 

24 That the Library of Congress may not obligate or expend 

25 any funds derived from collections under the Act of June 

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1 28, 1902, in excess of the amount authorized for obliga2 tion or expenditure in appropriations Acts: Provided fur3 ther, That the total amount available for obligation shall 

4 be reduced by the amount by which collections are less 

5 than $6,350,000: Provided further, That of the total 

6 amount appropriated, not more than $12,000 may be ex7 pended, on the certification of the Librarian of Congress, 

8 in connection with official representation and reception ex9 penses for the Overseas Field Offices: Provided further, 

10 That of the total amount appropriated, $8,653,000 shall 

11 remain available until expended for the digital collections 

12 and educational curricula program: Provided further, That 

13 of the total amount appropriated, $1,300,000 shall remain 

14 available until expended for upgrade of the Legislative 

15 Branch Financial Management System: Provided further, 

16 That of the total amount appropriated, $10,000,000 is 

17 provided to enhance public exhibits and visitor services at 

18 the Library; of which $2,000,000 shall remain available 

19 until September 30, 2020 for planning, including devel20 oping direct and indirect cost estimates in conjunction 

21 with the Architect of the Capitol; and of which 

22 $8,000,000, to remain available until expended, may be 

23 obligated and expended only upon written approval by the 

24 Chair and ranking minority member of the Subcommittee 

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1 tions of the House of Representatives and by the Chair 

2 and ranking minority member of the Subcommittee on the 

3 Legislative Branch of the Committee on Appropriations 

4 of the Senate, following review of a project budget jus5 tification and cost estimate. 

6 COPYRIGHT OFFICE

7 SALARIES AND EXPENSES

8 For all necessary expenses of the Copyright Office, 

9 $72,011,000, of which not more than $35,218,000, to re10 main available until expended, shall be derived from collec11 tions credited to this appropriation during fiscal year 2018 

12 under section 708(d) of title 17, United States Code: Pro13 vided, That the Copyright Office may not obligate or ex14 pend any funds derived from collections under such sec15 tion, in excess of the amount authorized for obligation or 

16 expenditure in appropriations Acts: Provided further, That 

17 not more than $6,087,000 shall be derived from collections 

18 during fiscal year 2018 under sections 111(d)(2), 

19 119(b)(3), 803(e), 1005, and 1316 of such title: Provided 

20 further, That the total amount available for obligation 

21 shall be reduced by the amount by which collections are 

22 less than $41,305,000: Provided further, That $2,260,000 

23 shall be derived from prior year unobligated balances: Pro24 vided further, That not more than $100,000 of the amount 

25 appropriated is available for the maintenance of an ‘‘InterMarch 21, 2018 (6:08 p.m.)
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1 national Copyright Institute’’ in the Copyright Office of 

2 the Library of Congress for the purpose of training nation3 als of developing countries in intellectual property laws 

4 and policies: Provided further, That not more than $6,500 

5 may be expended, on the certification of the Librarian of 

6 Congress, in connection with official representation and 

7 reception expenses for activities of the International Copy8 right Institute and for copyright delegations, visitors, and 

9 seminars: Provided further, That, notwithstanding any 

10 provision of chapter 8 of title 17, United States Code, any 

11 amounts made available under this heading which are at12 tributable to royalty fees and payments received by the 

13 Copyright Office pursuant to sections 111, 119, and chap14 ter 10 of such title may be used for the costs incurred 

15 in the administration of the Copyright Royalty Judges 

16 program, with the exception of the costs of salaries and 

17 benefits for the Copyright Royalty Judges and staff under 

18 section 802(e). 

19 CONGRESSIONAL RESEARCH SERVICE

20 SALARIES AND EXPENSES

21 For all necessary expenses to carry out the provisions 

22 of section 203 of the Legislative Reorganization Act of 

23 1946 (2 U.S.C. 166) and to revise and extend the Anno24 tated Constitution of the United States of America, 

25 $119,279,000: Provided, That no part of such amount 

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1 may be used to pay any salary or expense in connection 

2 with any publication, or preparation of material therefor 

3 (except the Digest of Public General Bills), to be issued 

4 by the Library of Congress unless such publication has 

5 obtained prior approval of either the Committee on House 

6 Administration of the House of Representatives or the 

7 Committee on Rules and Administration of the Senate: 

8 Provided further, That this prohibition does not apply to 

9 publication of non-confidential Congressional Research 

10 Service (CRS) products: Provided further, That a non-con11 fidential CRS product includes any written product con12 taining research or analysis that is currently available for 

13 general congressional access on the CRS Congressional 

14 Intranet, or that would be made available on the CRS 

15 Congressional Intranet in the normal course of business 

16 and does not include material prepared in response to 

17 Congressional requests for confidential analysis or re18 search. 

19 BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

20 SALARIES AND EXPENSES

21 For all necessary expenses to carry out the Act of 

22 March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 

23 135a), $51,498,000: Provided, That of the total amount 

24 appropriated, $650,000 shall be available to contract to 

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1 provide newspapers to blind and physically handicapped 

2 residents at no cost to the individual. 

3 ADMINISTRATIVE PROVISIONS

4 REIMBURSABLE AND REVOLVING FUND ACTIVITIES

5 SEC. 150. (a) IN GENERAL.—For fiscal year 2018, 

6 the obligational authority of the Library of Congress for 

7 the activities described in subsection (b) may not exceed 

8 $190,642,000. 

9 (b) ACTIVITIES.—The activities referred to in sub10 section (a) are reimbursable and revolving fund activities 

11 that are funded from sources other than appropriations 

12 to the Library in appropriations Acts for the legislative 

13 branch. 

14 REVOLVING FUNDS UPDATE

15 SEC. 151. The Library of Congress Fiscal Operations 

16 Improvement Act of 2000 (2 U.S.C. 182a et seq.; Public 

17 Law 106–481) is amended— 

18 (1) in section 102 (2 U.S.C. 182b)— 

19 (A) in the section heading, by striking the 

20 heading and inserting ‘‘Revolving fund for sales 

21 shop and other services’’; and 

22 (B) in subsection (a), by adding at the end 

23 the following: ‘‘(5) Training.’’; and 

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1 (2) in section 103(f)(1) (2 U.S.C. 182c(f)(1)), 

2 by inserting ‘‘tribal governments (as defined in 40 

3 U.S.C. 502(c)(2)(B))’’ after ‘‘Federal Government,’’. 

4 GIFTS

5 SEC. 152. The first undesignated paragraph of sec6 tion 4 of the Act entitled ‘‘An Act to create a Library 

7 of Congress Trust Fund Board, and for other purposes’’, 

8 approved March 3, 1925 (2 U.S.C. 160), is amended— 

9 (1) in the first sentence— 

10 (A) by striking ‘‘of money for immediate 

11 disbursement’’; and 

12 (B) by striking the period at the end and 

13 inserting ‘‘, of the following: (1) nonpersonal 

14 services; (2) voluntary and uncompensated per15 sonal services not to exceed $10,000 per person, 

16 per year in value; and (3) gifts or bequests of 

17 money for immediate disbursement.’’; and 

18 (2) by adding the following sentence at the end 

19 of the first paragraph: ‘‘The Librarian shall make 

20 an annual public report regarding gifts accepted 

21 under this section.’’. 

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1 APPLICATION OF CONGRESSIONAL ACCOUNTABILITY ACT

2 OF 1995 TO THE LIBRARY OF CONGRESS; ELECTION

3 OF PROCEEDING

4 SEC. 153. (a) APPLICATION OF CONGRESSIONAL AC5 COUNTABILITY ACT OF 1995 TO THE LIBRARY OF CON6 GRESS.— 

7 (1) APPLICATION THROUGH DEFINITIONS.— 

8 (A) IN GENERAL.—Section 101 of the 

9 Congressional Accountability Act of 1995 (2 

10 U.S.C. 1301) is amended— 

11 (i) in paragraph (3)— 

12 (I) in subparagraph (H), by 

13 striking ‘‘or’’ at the end; 

14 (II) in subparagraph (I), by 

15 striking the period and inserting ‘‘; 

16 or’’; and 

17 (III) by adding at the end the 

18 following: 

19 ‘‘(J) the Library of Congress, except for 

20 section 220.’’; and 

21 (ii) in paragraph (9)— 

22 (I) in subparagraph (C), by strik23 ing ‘‘or’’ at the end; 

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1 (II) in subparagraph (D), by 

2 striking the period and inserting ‘‘; 

3 or’’; and 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(E) the Library of Congress, except for 

7 section 220.’’. 

8 (B) PUBLIC SERVICES AND ACCOMMODA9 TIONS.—Section 210(a) of the Congressional 

10 Accountability Act of 1995 (2 U.S.C. 1331(a)) 

11 is amended— 

12 (i) in paragraph (9), by striking 

13 ‘‘and’’ at the end; 

14 (ii) in paragraph (10), by striking the 

15 period and inserting ‘‘; and’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(11) the Library of Congress.’’. 

19 (C) LABOR-MANAGEMENT REGULATIONS.— 

20 Section 220(a) of the Congressional Account21 ability Act of 1995 (2 U.S.C. 1351(a)) is 

22 amended— 

23 (i) in paragraph (2), in the paragraph 

24 heading, by striking ‘‘(2) DEFINITION.—’’ 

25 and inserting ‘‘(2) APPLICATION.—’’ ; and 

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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(3) DEFINITIONS.—For purposes of this sec4 tion, the term ‘covered employee’ does not include an 

5 employee of the Library of Congress, and the term 

6 ‘employing office’ does not include the Library of 

7 Congress.’’. 

8 (2) CONFORMING AMENDMENTS TO ACT.—The 

9 Congressional Accountability Act of 1995 (2 U.S.C. 

10 1301 et seq.) is amended— 

11 (A) in section 204(a)(2) (2 U.S.C. 

12 1314(a)(2)), by striking ‘‘and the Library of 

13 Congress’’ each place it appears; 

14 (B) in section 205(a)(2) (2 U.S.C. 

15 1315(a)(2)), by striking ‘‘and the Library of 

16 Congress’’ each place it appears; 

17 (C) in section 206(a)(2) (2 U.S.C. 

18 1316(a)(2))— 

19 (i) in subparagraph (B), by striking 

20 ‘‘and the Library of Congress’’; and 

21 (ii) in subparagraph (C), by striking 

22 ‘‘and the Library of Congress’’; 

23 (D) in section 215(a)(2) (2 U.S.C. 

24 1341(a)(2))— 

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1 (i) in subparagraph (C), by striking ‘‘, 

2 the Library of Congress,’’; and 

3 (ii) in subparagraph (D), by striking 

4 ‘‘and the Library of Congress’’; and 

5 (E) in section 415(a) (2 U.S.C. 1415(a))— 

6 (i) by striking the comma after ‘‘Gen7 eral Accounting Office’’ and inserting 

8 ‘‘or’’; and 

9 (ii) by striking ‘‘, or the Library of 

10 Congress’’. 

11 (b) ELECTION OF PROCEEDING.— 

12 (1) PROCEDURE.—Section 401(3) of the Con13 gressional Accountability Act of 1995 (2 U.S.C. 

14 1401(3)) is amended— 

15 (A) in the matter preceding subparagraph 

16 (A), by striking ‘‘either’’; 

17 (B) in subparagraph (A), by striking ‘‘or’’ 

18 at the end; 

19 (C) in subparagraph (B), by striking the 

20 period and inserting ‘‘, or’’; and 

21 (D) by adding at the end the following: 

22 ‘‘(C) in the case of an Library claimant (as 

23 defined in section 404(a)), a proceeding de24 scribed in section 404(b)(3) that relates to the 

25 violation at issue.’’. 

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1 (2) ELECTION.—Section 404 of the Congres2 sional Accountability Act of 1995 (2 U.S.C. 1404) 

3 is amended— 

4 (A) by striking ‘‘Not’’ and inserting the 

5 following: 

6 ‘‘(b) ELECTION AFTER PROCEEDINGS INITIALLY

7 BROUGHT UNDER THIS ACT.—Not’’; and 

8 (B) by inserting after the section heading 

9 the following: 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) DIRECT ACT.—The term ‘direct Act’ 

12 means an Act (other than this Act), or provision of 

13 the Revised Statutes, that is specified in section 

14 201, 202, 203, or 210. 

15 ‘‘(2) DIRECT PROVISION.—The term ‘direct 

16 provision’ means a provision (including a definitional 

17 provision) of a direct Act that applies the rights or 

18 protections of a direct Act (including rights and pro19 tections relating to nonretaliation or noncoercion) to 

20 a library claimant. 

21 ‘‘(3) LIBRARY CLAIMANT.—The term ‘Library 

22 claimant’ means— 

23 ‘‘(A) with respect to a direct provision 

24 (other than a provision described in subpara25 graph (B)), an employee of the Library of ConMarch 21, 2018 (6:08 p.m.)
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1 gress who is covered by that direct provision, 

2 and 

3 ‘‘(B) with respect to a direct provision that 

4 applies the rights or protections of title II or 

5 III of the Americans with Disabilities Act of 

6 1990 (42 U.S.C. 12131 et seq., 12181 et seq.), 

7 an individual who is eligible to provide services 

8 for or receive services from the Library of Con9 gress and who is covered by that provision.’’; 

10 (C) in subsection (b), as added by subpara11 graph (A) of this paragraph— 

12 (i) in the matter preceding paragraph 

13 (1), by striking ‘‘may either’’ and inserting 

14 ‘‘who initially requested counseling and 

15 mediation under this title may elect to’’; 

16 (ii) in paragraph (1), by striking ‘‘or’’ 

17 at the end; 

18 (iii) in paragraph (2), by striking the 

19 period and inserting ‘‘, or’’; and 

20 ‘‘(3) in the case of a Library claimant, bring 

21 the claim, complaint, or charge that is brought for 

22 a proceeding before the corresponding Federal agen23 cy, under the corresponding direct provision.’’; and 

24 (D) by adding at the end the following: 

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1 ‘‘(c) ELECTION AFTER PROCEEDINGS INITIALLY

2 BROUGHT UNDER OTHER CIVIL RIGHTS OR LABOR

3 LAW.—A library claimant who initially brings a claim, 

4 complaint, or charge under a direct provision for a pro5 ceeding before a Federal agency may, prior to requesting 

6 a hearing under the agency’s procedures, elect to— 

7 ‘‘(1) bring any civil action relating to the claim, 

8 complaint, or charge, that is available to the Library 

9 claimant, 

10 ‘‘(2) file a complaint with the Office in accord11 ance with section 405, or 

12 ‘‘(3) file a civil action in accordance with sec13 tion 408 in the United States district court for the 

14 district in which the employee is employed or for the 

15 District of Columbia.’’. 

16 (c) PROSPECTIVE APPLICABILITY.—This section and 

17 the amendments made by this section— 

18 (1) shall take effect on the date of enactment 

19 of this section; and 

20 (2) shall apply to any charge, complaint, or 

21 claim, that is made on or after the date of enact22 ment of this section, of a violation of— 

23 (A) section 201, 202, 203, 207, or 210 of 

24 the Congressional Accountability Act of 1995 (2 

25 U.S.C. 1311 et seq.); or 

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1 (B) a direct provision as defined in section 

2 404(a) of the Congressional Accountability Act 

3 of 1995 (2 U.S.C. 1404) (as added by sub4 section (b)). 

5 EQUAL ACCESS TO CONGRESSIONAL RESEARCH SERVICE

6 REPORTS

7 SEC. 154. (a) DEFINITIONS.— 

8 (1) CRS PRODUCT.—In this section, the term 

9 ‘‘CRS product’’ means any final written work prod10 uct of CRS containing research or analysis in any 

11 format that is available for general congressional ac12 cess on the CRS Congressional Intranet. 

13 (2) CRS REPORT.— 

14 (A) IN GENERAL.—In this section, the 

15 term ‘‘CRS Report’’ means any written CRS 

16 product, including an update to a previous writ17 ten CRS product, consisting of— 

18 (i) a Congressional Research Service 

19 Report; or 

20 (ii) a Congressional Research Service 

21 Authorization of Appropriations Product 

22 and Appropriations Product, which is 

23 available for general congressional access 

24 on the CRS Congressional Intranet. 

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1 (B) EXCLUSIONS.—The term ‘‘CRS Re2 port’’ does not include— 

3 (i) any CRS product that is deter4 mined by the CRS Director to be a con5 fidential product or service because it was 

6 prepared in response to a congressional re7 quest or requests for confidential analysis 

8 or research and is not available for general 

9 congressional access on the CRS Congres10 sional Intranet; 

11 (ii) any Congressional Research Serv12 ice Report or any Congressional Research 

13 Service Authorization of Appropriations 

14 Product and Appropriations Product re15 ported or produced before the effective 

16 date of this Act which, as of such effective 

17 date, is not available for general congres18 sional access on the CRS Congressional 

19 Intranet; or 

20 (iii) a written CRS product that has 

21 been made available by CRS for publica22 tion on a public website maintained by the 

23 GPO Director (other than the Website) or 

24 the Library of Congress. 

25 (3) OTHER DEFINITIONS.—In this section— 

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1 (A) the term ‘‘CRS’’ means the Congres2 sional Research Service; 

3 (B) the term ‘‘CRS Congressional 

4 Intranet’’ means the Website maintained by 

5 CRS at www.crs.gov, or a successor website, for 

6 the purpose of providing to Members and em7 ployees of Congress access to information from 

8 CRS; 

9 (C) the term ‘‘CRS Director’’ means the 

10 Director of CRS; 

11 (D) the term ‘‘Librarian of Congress’’ 

12 means the Librarian of Congress appointed 

13 pursuant to 2 U.S.C. 136–1; 

14 (E) the term ‘‘Member of Congress’’ in15 cludes a Delegate or Resident Commissioner to 

16 Congress; and 

17 (F) the term ‘‘Website’’ means the website 

18 established and maintained under subsection 

19 (b). 

20 (b) AVAILABILITY OF CRS REPORTS THROUGH LI21 BRARY OF CONGRESS WEBSITE.— 

22 (1) WEBSITE.— 

23 (A) ESTABLISHMENT AND MAINTE24 NANCE.—The Librarian of Congress, in con25 sultation with the CRS Director, shall establish 

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1 and maintain a public website containing CRS 

2 Reports and an index of all CRS Reports con3 tained on the website, in accordance with this 

4 subsection. 

5 (B) FORMAT.—On the Website, CRS Re6 ports shall be searchable, sortable, and 

7 downloadable, including downloadable in bulk. 

8 (C) FREE ACCESS.—Notwithstanding any 

9 other provision of law, the Librarian of Con10 gress may not charge a fee for access to the 

11 Website. 

12 (2) UPDATES; DISCLAIMER.—The Librarian of 

13 Congress, in consultation with the CRS Director, 

14 shall ensure that the Website— 

15 (A) is updated contemporaneously, auto16 matically, and electronically to include each new 

17 or updated CRS Report released on or after the 

18 effective date of this section; 

19 (B) shows the status of each CRS Report 

20 as new, updated, or archived; and 

21 (C) displays the following statement in ref22 erence to the CRS Reports included on the 

23 Website: ‘‘These documents were prepared by 

24 the Congressional Research Service (CRS). 

25 CRS serves as nonpartisan shared staff to conMarch 21, 2018 (6:08 p.m.)
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1 gressional committees and Members of Con2 gress. It operates solely at the behest of and 

3 under the direction of Congress. Information in 

4 a CRS Report should not be relied upon for 

5 purposes other than public understanding of in6 formation that has been provided by CRS to 

7 Members of Congress in connection with CRS’s 

8 institutional role. CRS Reports, as a work of 

9 the United States Government, are not subject 

10 to copyright protection in the United States. 

11 Any CRS Report may be reproduced and dis12 tributed in its entirety without permission from 

13 CRS. However, as a CRS Report may include 

14 copyrighted images or material from a third 

15 party, you may need to obtain the permission of 

16 the copyright holder if you wish to copy or oth17 erwise use copyrighted material.’’. 

18 (3) FURNISHING OF NECESSARY INFORMATION

19 AND TECHNOLOGY.—The CRS Director shall consult 

20 with and provide assistance to the Librarian of Con21 gress to ensure— 

22 (A) that the Librarian of Congress is pro23 vided with all of the information necessary to 

24 carry out this section, including all of the infor25 mation described in clauses (i) through (iv) of 

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1 subsection (c)(1)(A), in such format and man2 ner as the Librarian of Congress considers ap3 propriate; and 

4 (B) that CRS makes available any infor5 mation and assistance as may be necessary to 

6 facilitate the contemporaneous, automatic, and 

7 electronic provision of CRS Reports to the Li8 brarian of Congress as required under this sec9 tion. 

10 (4) NONEXCLUSIVITY.—The Librarian of Con11 gress may publish other information on the Website. 

12 (5) ALTERNATIVE TECHNIQUES.—The Librar13 ian of Congress and the CRS Director may use addi14 tional techniques to make CRS Reports available to 

15 the public, if such techniques are consistent with 

16 this section and any other applicable laws. 

17 (6) ADDITIONAL INFORMATION.—The CRS Di18 rector is encouraged to make additional CRS prod19 ucts that are not confidential products or services 

20 available to the Librarian of Congress for publica21 tion on the Website, and the Librarian of Congress 

22 is encouraged to publish such CRS products on the 

23 Website. 

24 (7) EXPANSION OF CONTENTS OF ANNUAL RE25 PORT TO CONGRESS TO INCLUDE INFORMATION ON

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1 EFFORTS TO MAKE ADDITIONAL PRODUCTS AVAIL2 ABLE ON WEBSITE.—Section 203(i) of the Legisla3 tive Reorganization Act of 1946 (2 U.S.C. 166(i)) is 

4 amended by striking the period at the end and in5 serting the following: ‘‘, and shall include in the re6 port a description of the efforts made by the Direc7 tor to make additional Congressional Research Serv8 ice products that are not confidential products or 

9 services available to the Librarian of Congress for 

10 publication on the website established and main11 tained under section 124 of the Legislative Branch 

12 Appropriations Act, 2018.’’. 

13 (c) WEBSITE CONTENTS.— 

14 (1) SPECIFIC REQUIREMENTS FOR REPORTS

15 POSTED ON WEBSITE.— 

16 (A) RESPONSIBILITIES OF LIBRARIAN OF

17 CONGRESS.—With respect to each CRS Report 

18 included on the Website, the Librarian of Con19 gress shall include— 

20 (i) the name and identification num21 ber of the CRS Report; 

22 (ii) an indication as to whether the 

23 CRS Report is new, updated, or archived; 

24 (iii) the date of release of the CRS 

25 Report; and 

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1 (iv) any other information the Librar2 ian of Congress, in consultation with the 

3 CRS Director, considers appropriate. 

4 (B) RESPONSIBILITIES OF CRS DIREC5 TOR.—With respect to each CRS Report in6 cluded on the Website, the CRS Director shall, 

7 prior to transmitting the Report to the Librar8 ian of Congress— 

9 (i) at the discretion of the CRS Direc10 tor, remove the name of and any contact 

11 information for any employee of CRS; and 

12 (ii) include in the CRS Report the fol13 lowing written statement: ‘‘This document 

14 was prepared by the Congressional Re15 search Service (CRS). CRS serves as non16 partisan shared staff to congressional com17 mittees and Members of Congress. It oper18 ates solely at the behest of and under the 

19 direction of Congress. Information in a 

20 CRS Report should not be relied upon for 

21 purposes other than public understanding 

22 of information that has been provided by 

23 CRS to Members of Congress in connec24 tion with CRS’s institutional role. CRS Re25 ports, as a work of the United States GovMarch 21, 2018 (6:08 p.m.)
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1 ernment, are not subject to copyright pro2 tection in the United States. Any CRS Re3 port may be reproduced and distributed in 

4 its entirety without permission from CRS. 

5 However, as this CRS Report may include 

6 copyrighted images or material from a 

7 third party, you may need to obtain the 

8 permission of the copyright holder if you 

9 wish to copy or otherwise use copyrighted 

10 material.’’. 

11 (2) SPECIFIC REQUIREMENTS FOR INDEX ON

12 WEBSITE.—The Librarian of Congress shall ensure 

13 that the index of all CRS Reports published on the 

14 Website is— 

15 (A) comprehensive; 

16 (B) contemporaneously updated; 

17 (C) searchable; 

18 (D) sortable; 

19 (E) maintained in a human-readable for20 mat; 

21 (F) maintained in a structured data for22 mat; 

23 (G) downloadable; and 

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1 (H) inclusive of each item of information 

2 described in paragraph (1)(A) with respect to 

3 each CRS Report. 

4 (d) CONFORMING AMENDMENT TO DUTIES OF

5 CRS.—Section 203(d) of the Legislative Reorganization 

6 Act of 1946 (2 U.S.C. 166(d)) is amended— 

7 (1) by striking ‘‘and’’ at the end of paragraph 

8 (7); 

9 (2) by striking the period at the end of para10 graph (8) and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(9) to comply with the requirements of, and 

14 provide information and technological assistance 

15 consistent with, section 124 of the Legislative 

16 Branch Appropriations Act, 2018.’’. 

17 (e) RULES OF CONSTRUCTION.— 

18 (1) NO EFFECT ON SPEECH OR DEBATE

19 CLAUSE.—Nothing in this section may be construed 

20 to diminish, qualify, condition, waive, or otherwise 

21 affect the applicability of clause 1 of section 6 of ar22 ticle I of the Constitution of the United States (com23 monly known as the ‘‘Speech or Debate Clause’’) or 

24 any other privilege available to Congress or Mem25 bers, offices, or employees of Congress with respect 

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1 to any CRS Report made available online under this 

2 section. 

3 (2) CONFIDENTIAL COMMUNICATIONS.—Noth4 ing in this section may be construed to waive the re5 quirement that any confidential communication by 

6 CRS to a Member, office, or committee of Congress 

7 shall remain under the custody and control of Con8 gress and may be released only by Congress and its 

9 Houses, Members, offices, and committees, in ac10 cordance with the rules and privileges of each House 

11 and the requirements of this section. 

12 (3) DISSEMINATION OF CRS PRODUCTS.—Noth13 ing in this section may be construed to limit or oth14 erwise affect the ability of a Member, office, or com15 mittee of Congress to disseminate CRS products on 

16 a website of the Member, office, or committee or to 

17 otherwise provide CRS products to the public, in18 cluding as part of constituent service activities. 

19 (f) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2)(C), this section and the amendments 

22 made by this section shall take effect 90 days after 

23 the date on which the Librarian of Congress submits 

24 the certification described in paragraph (2)(B). 

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1 (2) PROVISION OF INFORMATION AND TECH2 NOLOGY.— 

3 (A) CRS DEADLINE.—Not later than 90 

4 days after the date of enactment of this Act, 

5 the CRS Director shall provide the Librarian of 

6 Congress with the information necessary for the 

7 Librarian of Congress to begin the initial oper8 ation of the Website. 

9 (B) CERTIFICATION.—Upon provision of 

10 the information described in subparagraph (A), 

11 the Librarian of Congress shall submit to Con12 gress a certification that the CRS Director has 

13 provided the information necessary for the Li14 brarian of Congress to begin the initial oper15 ation of the Website. 

16 (C) TECHNICAL DELAYS.—In the event of 

17 technical difficulties encountered in planning or 

18 implementing the requirements of this section 

19 and the amendments made by this section, upon 

20 providing a detailed report submitted by the Li21 brarian of Congress or the CRS Director to the 

22 Committees on Appropriations of the House 

23 and the Senate detailing the nature of the tech24 nical difficulties and the timeline for resolving 

25 such technical difficulties, the effective date esMarch 21, 2018 (6:08 p.m.)
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1 tablished by subsection (f)(1) shall be extended 

2 for up to 90 additional days. 

3 GOVERNMENT PUBLISHING OFFICE 

4 CONGRESSIONAL PUBLISHING

5 (INCLUDING TRANSFER OF FUNDS)

6 For authorized publishing of congressional informa7 tion and the distribution of congressional information in 

8 any format; publishing of Government publications au9 thorized by law to be distributed to Members of Congress; 

10 and publishing, and distribution of Government publica11 tions authorized by law to be distributed without charge 

12 to the recipient, $79,528,000: Provided, That this appro13 priation shall not be available for paper copies of the per14 manent edition of the Congressional Record for individual 

15 Representatives, Resident Commissioners or Delegates au16 thorized under section 906 of title 44, United States Code: 

17 Provided further, That this appropriation shall be available 

18 for the payment of obligations incurred under the appro19 priations for similar purposes for preceding fiscal years: 

20 Provided further, That notwithstanding the 2-year limita21 tion under section 718 of title 44, United States Code, 

22 none of the funds appropriated or made available under 

23 this Act or any other Act for printing and binding and 

24 related services provided to Congress under chapter 7 of 

25 title 44, United States Code, may be expended to print 

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1 a document, report, or publication after the 27-month pe2 riod beginning on the date that such document, report, 

3 or publication is authorized by Congress to be printed, un4 less Congress reauthorizes such printing in accordance 

5 with section 718 of title 44, United States Code: Provided 

6 further, That any unobligated or unexpended balances in 

7 this account or accounts for similar purposes for preceding 

8 fiscal years may be transferred to the Government Pub9 lishing Office Business Operations Revolving Fund for 

10 carrying out the purposes of this heading, subject to the 

11 approval of the Committees on Appropriations of the 

12 House of Representatives and Senate: Provided further, 

13 That notwithstanding sections 901, 902, and 906 of title 

14 44, United States Code, this appropriation may be used 

15 to prepare indexes to the Congressional Record on only 

16 a monthly and session basis. 

17 PUBLIC INFORMATION PROGRAMS OF THE

18 SUPERINTENDENT OF DOCUMENTS

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses of the public information programs of 

22 the Office of Superintendent of Documents necessary to 

23 provide for the cataloging and indexing of Government 

24 publications and their distribution to the public, Members 

25 of Congress, other Government agencies, and designated 

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1 depository and international exchange libraries as author2 ized by law, $29,000,000: Provided, That amounts of not 

3 more than $2,000,000 from current year appropriations 

4 are authorized for producing and disseminating Congres5 sional serial sets and other related publications for fiscal 

6 years 2016 and 2017 to depository and other designated 

7 libraries: Provided further, That any unobligated or unex8 pended balances in this account or accounts for similar 

9 purposes for preceding fiscal years may be transferred to 

10 the Government Publishing Office Business Operations 

11 Revolving Fund for carrying out the purposes of this head12 ing, subject to the approval of the Committees on Appro13 priations of the House of Representatives and Senate. 

14 GOVERNMENT PUBLISHING OFFICE BUSINESS

15 OPERATIONS REVOLVING FUND

16 For payment to the Government Publishing Office 

17 Business Operations Revolving Fund, $8,540,000, to re18 main available until expended, for information technology 

19 development and facilities repair: Provided, That the Gov20 ernment Publishing Office is hereby authorized to make 

21 such expenditures, within the limits of funds available and 

22 in accordance with law, and to make such contracts and 

23 commitments without regard to fiscal year limitations as 

24 provided by section 9104 of title 31, United States Code, 

25 as may be necessary in carrying out the programs and 

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1 purposes set forth in the budget for the current fiscal year 

2 for the Government Publishing Office Business Operations 

3 Revolving Fund: Provided further, That not more than 

4 $7,500 may be expended on the certification of the Direc5 tor of the Government Publishing Office in connection 

6 with official representation and reception expenses: Pro7 vided further, That the Business Operations Revolving 

8 Fund shall be available for the hire or purchase of not 

9 more than 12 passenger motor vehicles: Provided further, 

10 That expenditures in connection with travel expenses of 

11 the advisory councils to the Director of the Government 

12 Publishing Office shall be deemed necessary to carry out 

13 the provisions of title 44, United States Code: Provided 

14 further, That the Business Operations Revolving Fund 

15 shall be available for temporary or intermittent services 

16 under section 3109(b) of title 5, United States Code, but 

17 at rates for individuals not more than the daily equivalent 

18 of the annual rate of basic pay for level V of the Executive 

19 Schedule under section 5316 of such title: Provided fur20 ther, That activities financed through the Business Oper21 ations Revolving Fund may provide information in any 

22 format: Provided further, That the Business Operations 

23 Revolving Fund and the funds provided under the heading 

24 ‘‘Public Information Programs of the Superintendent of 

25 Documents’’ may not be used for contracted security servMarch 21, 2018 (6:08 p.m.)
1108 

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1 ices at Government Publishing Office’s passport facility in 

2 the District of Columbia. 

3 GOVERNMENT ACCOUNTABILITY OFFICE 

4 SALARIES AND EXPENSES

5 For necessary expenses of the Government Account6 ability Office, including not more than $12,500 to be ex7 pended on the certification of the Comptroller General of 

8 the United States in connection with official representa9 tion and reception expenses; temporary or intermittent 

10 services under section 3109(b) of title 5, United States 

11 Code, but at rates for individuals not more than the daily 

12 equivalent of the annual rate of basic pay for level IV of 

13 the Executive Schedule under section 5315 of such title; 

14 hire of one passenger motor vehicle; advance payments in 

15 foreign countries in accordance with section 3324 of title 

16 31, United States Code; benefits comparable to those pay17 able under sections 901(5), (6), and (8) of the Foreign 

18 Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); 

19 and under regulations prescribed by the Comptroller Gen20 eral of the United States, rental of living quarters in for21 eign countries, $578,916,653: Provided, That of this 

22 amount $10,000,000 is provided for information tech23 nology investments and building facility projects to remain 

24 available until September 30, 2019: Provided further, 

25 That, in addition, $23,800,000 of payments received 

March 21, 2018 (6:08 p.m.)
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1 under sections 782, 791, 3521, and 9105 of title 31, 

2 United States Code, shall be available without fiscal year 

3 limitation: Provided further, That this appropriation and 

4 appropriations for administrative expenses of any other 

5 department or agency which is a member of the National 

6 Intergovernmental Audit Forum or a Regional Intergov7 ernmental Audit Forum shall be available to finance an 

8 appropriate share of either Forum’s costs as determined 

9 by the respective Forum, including necessary travel ex10 penses of non-Federal participants: Provided further, That 

11 payments hereunder to the Forum may be credited as re12 imbursements to any appropriation from which costs in13 volved are initially financed: Provided further, That this 

14 appropriation shall be available to transfer amounts to the 

15 Department of the Army for the construction of an Army 

16 facility at Redstone Arsenal for the sole, unlimited use of 

17 GAO: Provided further, That hereafter, amounts appro18 priated for the salaries and expenses of the Government 

19 Accountability Office shall be available to transfer to the 

20 Department of the Army for the maintenance of such fa21 cility. 

22 OPEN WORLD LEADERSHIP CENTER TRUST 

23 FUND 

24 For a payment to the Open World Leadership Center 

25 Trust Fund for financing activities of the Open World 

March 21, 2018 (6:08 p.m.)
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1 Leadership Center under section 313 of the Legislative 

2 Branch Appropriations Act, 2001 (2 U.S.C. 1151), 

3 $5,600,000: Provided, That funds made available to sup4 port Russian participants shall only be used for those en5 gaging in free market development, humanitarian activi6 ties, and civic engagement, and shall not be used for offi7 cials of the central government of Russia. 

8 JOHN C. STENNIS CENTER FOR PUBLIC 

9 SERVICE TRAINING AND DEVELOPMENT 

10 For payment to the John C. Stennis Center for Pub11 lic Service Development Trust Fund established under 

12 section 116 of the John C. Stennis Center for Public Serv13 ice Training and Development Act (2 U.S.C. 1105), 

14 $430,000. 

15 TITLE II 

16 GENERAL PROVISIONS 

17 MAINTENANCE AND CARE OF PRIVATE VEHICLES

18 SEC. 201. No part of the funds appropriated in this 

19 Act shall be used for the maintenance or care of private 

20 vehicles, except for emergency assistance and cleaning as 

21 may be provided under regulations relating to parking fa22 cilities for the House of Representatives issued by the 

23 Committee on House Administration and for the Senate 

24 issued by the Committee on Rules and Administration. 

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1 FISCAL YEAR LIMITATION

2 SEC. 202. No part of the funds appropriated in this 

3 Act shall remain available for obligation beyond fiscal year 

4 2018 unless expressly so provided in this Act. 

5 RATES OF COMPENSATION AND DESIGNATION

6 SEC. 203. Whenever in this Act any office or position 

7 not specifically established by the Legislative Pay Act of 

8 1929 (46 Stat. 32 et seq.) is appropriated for or the rate 

9 of compensation or designation of any office or position 

10 appropriated for is different from that specifically estab11 lished by such Act, the rate of compensation and the des12 ignation in this Act shall be the permanent law with re13 spect thereto: Provided, That the provisions in this Act 

14 for the various items of official expenses of Members, offi15 cers, and committees of the Senate and House of Rep16 resentatives, and clerk hire for Senators and Members of 

17 the House of Representatives shall be the permanent law 

18 with respect thereto. 

19 CONSULTING SERVICES

20 SEC. 204. The expenditure of any appropriation 

21 under this Act for any consulting service through procure22 ment contract, under section 3109 of title 5, United States 

23 Code, shall be limited to those contracts where such ex24 penditures are a matter of public record and available for 

25 public inspection, except where otherwise provided under 

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1 existing law, or under existing Executive order issued 

2 under existing law. 

3 COSTS OF LBFMC

4 SEC. 205. Amounts available for administrative ex5 penses of any legislative branch entity which participates 

6 in the Legislative Branch Financial Managers Council 

7 (LBFMC) established by charter on March 26, 1996, shall 

8 be available to finance an appropriate share of LBFMC 

9 costs as determined by the LBFMC, except that the total 

10 LBFMC costs to be shared among all participating legisla11 tive branch entities (in such allocations among the entities 

12 as the entities may determine) may not exceed $2,000. 

13 LIMITATION ON TRANSFERS

14 SEC. 206. None of the funds made available in this 

15 Act may be transferred to any department, agency, or in16 strumentality of the United States Government, except 

17 pursuant to a transfer made by, or transfer authority pro18 vided in, this Act or any other appropriation Act. 

19 GUIDED TOURS OF THE CAPITOL

20 SEC. 207. (a) Except as provided in subsection (b), 

21 none of the funds made available to the Architect of the 

22 Capitol in this Act may be used to eliminate or restrict 

23 guided tours of the United States Capitol which are led 

24 by employees and interns of offices of Members of Con25 gress and other offices of the House of Representatives 

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1 and Senate, unless through regulations as authorized by 

2 section 402(b)(8) of the Capitol Visitor Center Act of 

3 2008 (2 U.S.C. 2242(b)(8)). 

4 (b) At the direction of the Capitol Police Board, or 

5 at the direction of the Architect of the Capitol with the 

6 approval of the Capitol Police Board, guided tours of the 

7 United States Capitol which are led by employees and in8 terns described in subsection (a) may be suspended tempo9 rarily or otherwise subject to restriction for security or re10 lated reasons to the same extent as guided tours of the 

11 United States Capitol which are led by the Architect of 

12 the Capitol. 

13 This division may be cited as the ‘‘Legislative Branch 

14 Appropriations Act, 2018’’. 

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1 DIVISION J—MILITARY CONSTRUCTION, 

2 VETERANS AFFAIRS, AND RELATED 

3 AGENCIES APPROPRIATIONS ACT, 2018 

4 TITLE I 

5 DEPARTMENT OF DEFENSE 

6 MILITARY CONSTRUCTION, ARMY

7 For acquisition, construction, installation, and equip8 ment of temporary or permanent public works, military 

9 installations, facilities, and real property for the Army as 

10 currently authorized by law, including personnel in the 

11 Army Corps of Engineers and other personal services nec12 essary for the purposes of this appropriation, and for con13 struction and operation of facilities in support of the func14 tions of the Commander in Chief, $923,994,000, to re15 main available until September 30, 2022: Provided, That, 

16 of this amount, not to exceed $101,470,000 shall be avail17 able for study, planning, design, architect and engineer 

18 services, and host nation support, as authorized by law, 

19 unless the Secretary of the Army determines that addi20 tional obligations are necessary for such purposes and no21 tifies the Committees on Appropriations of both Houses 

22 of Congress of the determination and the reasons therefor. 

23 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

24 For acquisition, construction, installation, and equip25 ment of temporary or permanent public works, naval inMarch 21, 2018 (6:08 p.m.)
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1 stallations, facilities, and real property for the Navy and 

2 Marine Corps as currently authorized by law, including 

3 personnel in the Naval Facilities Engineering Command 

4 and other personal services necessary for the purposes of 

5 this appropriation, $1,553,275,000, to remain available 

6 until September 30, 2022: Provided, That, of this amount, 

7 not to exceed $219,069,000 shall be available for study, 

8 planning, design, and architect and engineer services, as 

9 authorized by law, unless the Secretary of the Navy deter10 mines that additional obligations are necessary for such 

11 purposes and notifies the Committees on Appropriations 

12 of both Houses of Congress of the determination and the 

13 reasons therefor. 

14 MILITARY CONSTRUCTION, AIR FORCE

15 For acquisition, construction, installation, and equip16 ment of temporary or permanent public works, military 

17 installations, facilities, and real property for the Air Force 

18 as currently authorized by law, $1,543,558,000, to remain 

19 available until September 30, 2022: Provided, That, of 

20 this amount, not to exceed $97,852,000 shall be available 

21 for study, planning, design, and architect and engineer 

22 services, as authorized by law, unless the Secretary of the 

23 Air Force determines that additional obligations are nec24 essary for such purposes and notifies the Committees on 

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1 Appropriations of both Houses of Congress of the deter2 mination and the reasons therefor. 

3 MILITARY CONSTRUCTION, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, installa7 tions, facilities, and real property for activities and agen8 cies of the Department of Defense (other than the military 

9 departments), as currently authorized by law, 

10 $2,811,513,000, to remain available until September 30, 

11 2022: Provided, That such amounts of this appropriation 

12 as may be determined by the Secretary of Defense may 

13 be transferred to such appropriations of the Department 

14 of Defense available for military construction or family 

15 housing as the Secretary may designate, to be merged with 

16 and to be available for the same purposes, and for the 

17 same time period, as the appropriation or fund to which 

18 transferred: Provided further, That, of the amount, not to 

19 exceed $210,717,000 shall be available for study, plan20 ning, design, and architect and engineer services, as au21 thorized by law, unless the Secretary of Defense deter22 mines that additional obligations are necessary for such 

23 purposes and notifies the Committees on Appropriations 

24 of both Houses of Congress of the determination and the 

25 reasons therefor: Provided further, That the Director of 

March 21, 2018 (6:08 p.m.)
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1 the Missile Defense Agency shall provide quarterly reports 

2 to the congressional defense committees on the construc3 tion timeline and obligations for the Poland Aegis Ashore 

4 complex. 

5 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

6 For construction, acquisition, expansion, rehabilita7 tion, and conversion of facilities for the training and ad8 ministration of the Army National Guard, and contribu9 tions therefor, as authorized by chapter 1803 of title 10, 

10 United States Code, and Military Construction Authoriza11 tion Acts, $220,652,000, to remain available until Sep12 tember 30, 2022: Provided, That, of the amount, not to 

13 exceed $16,271,000 shall be available for study, planning, 

14 design, and architect and engineer services, as authorized 

15 by law, unless the Director of the Army National Guard 

16 determines that additional obligations are necessary for 

17 such purposes and notifies the Committees on Appropria18 tions of both Houses of Congress of the determination and 

19 the reasons therefor. 

20 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the Air National Guard, and contributions 

24 therefor, as authorized by chapter 1803 of title 10, United 

25 States Code, and Military Construction Authorization 

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1 Acts, $171,491,000, to remain available until September 

2 30, 2022: Provided, That, of the amount, not to exceed 

3 $18,000,000 shall be available for study, planning, design, 

4 and architect and engineer services, as authorized by law, 

5 unless the Director of the Air National Guard determines 

6 that additional obligations are necessary for such purposes 

7 and notifies the Committees on Appropriations of both 

8 Houses of Congress of the determination and the reasons 

9 therefor. 

10 MILITARY CONSTRUCTION, ARMY RESERVE

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Army Reserve as authorized by chapter 

14 1803 of title 10, United States Code, and Military Con15 struction Authorization Acts, $83,712,000, to remain 

16 available until September 30, 2022: Provided, That, of the 

17 amount, not to exceed $6,887,000 shall be available for 

18 study, planning, design, and architect and engineer serv19 ices, as authorized by law, unless the Chief of the Army 

20 Reserve determines that additional obligations are nec21 essary for such purposes and notifies the Committees on 

22 Appropriations of both Houses of Congress of the deter23 mination and the reasons therefor. 

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1 MILITARY CONSTRUCTION, NAVY RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the reserve components of the Navy and 

5 Marine Corps as authorized by chapter 1803 of title 10, 

6 United States Code, and Military Construction Authoriza7 tion Acts, $95,271,000, to remain available until Sep8 tember 30, 2022: Provided, That, of the amount, not to 

9 exceed $24,430,000 shall be available for study, planning, 

10 design, and architect and engineer services, as authorized 

11 by law, unless the Secretary of the Navy determines that 

12 additional obligations are necessary for such purposes and 

13 notifies the Committees on Appropriations of both Houses 

14 of Congress of the determination and the reasons therefor. 

15 MILITARY CONSTRUCTION, AIR FORCE RESERVE

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the Air Force Reserve as authorized by 

19 chapter 1803 of title 10, United States Code, and Military 

20 Construction Authorization Acts, $73,535,000, to remain 

21 available until September 30, 2022: Provided, That, of the 

22 amount, not to exceed $4,725,000 shall be available for 

23 study, planning, design, and architect and engineer serv24 ices, as authorized by law, unless the Chief of the Air 

25 Force Reserve determines that additional obligations are 

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1 necessary for such purposes and notifies the Committees 

2 on Appropriations of both Houses of Congress of the de3 termination and the reasons therefor: Provided further, 

4 That, the Chief of the Air Force Reserve shall take imme5 diate action to address unfunded military construction re6 quirements for access control points and security issues 

7 at Air Force Reserve facilities. 

8 NORTH ATLANTIC TREATY ORGANIZATION

9 SECURITY INVESTMENT PROGRAM

10 For the United States share of the cost of the North 

11 Atlantic Treaty Organization Security Investment Pro12 gram for the acquisition and construction of military fa13 cilities and installations (including international military 

14 headquarters) and for related expenses for the collective 

15 defense of the North Atlantic Treaty Area as authorized 

16 by section 2806 of title 10, United States Code, and Mili17 tary Construction Authorization Acts, $177,932,000, to 

18 remain available until expended. 

19 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

20 For deposit into the Department of Defense Base 

21 Closure Account, established by section 2906(a) of the De22 fense Base Closure and Realignment Act of 1990 (10 

23 U.S.C. 2687 note), $310,000,000, to remain available 

24 until expended. 

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1 FAMILY HOUSING CONSTRUCTION, ARMY

2 For expenses of family housing for the Army for con3 struction, including acquisition, replacement, addition, ex4 pansion, extension, and alteration, as authorized by law, 

5 $182,662,000, to remain available until September 30, 

6 2022: Provided, That none of the funds provided under 

7 this heading for family housing construction may be ex8 pended for family housing improvements on Kwajalein 

9 Atoll until the Secretary of the Army certifies to the con10 gressional defense committees that the new housing units 

11 represent the best value to the taxpayer and that no rea12 sonable alternatives exist at a lower cost. 

13 FAMILY HOUSING OPERATION AND MAINTENANCE, 

14 ARMY

15 For expenses of family housing for the Army for op16 eration and maintenance, including debt payment, leasing, 

17 minor construction, principal and interest charges, and in18 surance premiums, as authorized by law, $348,907,000. 

19 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

20 CORPS

21 For expenses of family housing for the Navy and Ma22 rine Corps for construction, including acquisition, replace23 ment, addition, expansion, extension, and alteration, as 

24 authorized by law, $83,682,000, to remain available until 

25 September 30, 2022. 

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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 NAVY AND MARINE CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for operation and maintenance, including debt 

5 payment, leasing, minor construction, principal and inter6 est charges, and insurance premiums, as authorized by 

7 law, $328,282,000. 

8 FAMILY HOUSING CONSTRUCTION, AIR FORCE

9 For expenses of family housing for the Air Force for 

10 construction, including acquisition, replacement, addition, 

11 expansion, extension, and alteration, as authorized by law, 

12 $85,062,000, to remain available until September 30, 

13 2022. 

14 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

15 FORCE

16 For expenses of family housing for the Air Force for 

17 operation and maintenance, including debt payment, leas18 ing, minor construction, principal and interest charges, 

19 and insurance premiums, as authorized by law, 

20 $318,324,000. 

21 FAMILY HOUSING OPERATION AND MAINTENANCE, 

22 DEFENSE-WIDE

23 For expenses of family housing for the activities and 

24 agencies of the Department of Defense (other than the 

25 military departments) for operation and maintenance, 

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1 leasing, and minor construction, as authorized by law, 

2 $59,169,000. 

3 DEPARTMENT OF DEFENSE

4 FAMILY HOUSING IMPROVEMENT FUND

5 For the Department of Defense Family Housing Im6 provement Fund, $2,726,000, to remain available until ex7 pended, for family housing initiatives undertaken pursu8 ant to section 2883 of title 10, United States Code, pro9 viding alternative means of acquiring and improving mili10 tary family housing and supporting facilities. 

11 DEPARTMENT OF DEFENSE

12 MILITARY UNACCOMPANIED HOUSING IMPROVEMENT

13 FUND

14 For the Department of Defense Military Unaccom15 panied Housing Improvement Fund, $623,000, to remain 

16 available until expended, for unaccompanied housing ini17 tiatives undertaken pursuant to section 2883 of title 10, 

18 United States Code, providing alternative means of acquir19 ing and improving military unaccompanied housing and 

20 supporting facilities. 

21 ADMINISTRATIVE PROVISIONS

22 SEC. 101. None of the funds made available in this 

23 title shall be expended for payments under a cost-plus-a24 fixed-fee contract for construction, where cost estimates 

25 exceed $25,000, to be performed within the United States, 

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1 except Alaska, without the specific approval in writing of 

2 the Secretary of Defense setting forth the reasons there3 for. 

4 SEC. 102. Funds made available in this title for con5 struction shall be available for hire of passenger motor ve6 hicles. 

7 SEC. 103. Funds made available in this title for con8 struction may be used for advances to the Federal High9 way Administration, Department of Transportation, for 

10 the construction of access roads as authorized by section 

11 210 of title 23, United States Code, when projects author12 ized therein are certified as important to the national de13 fense by the Secretary of Defense. 

14 SEC. 104. None of the funds made available in this 

15 title may be used to begin construction of new bases in 

16 the United States for which specific appropriations have 

17 not been made. 

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

19 title shall be used for purchase of land or land easements 

20 in excess of 100 percent of the value as determined by 

21 the Army Corps of Engineers or the Naval Facilities Engi22 neering Command, except: (1) where there is a determina23 tion of value by a Federal court; (2) purchases negotiated 

24 by the Attorney General or the designee of the Attorney 

25 General; (3) where the estimated value is less than 

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1 $25,000; or (4) as otherwise determined by the Secretary 

2 of Defense to be in the public interest. 

3 SEC. 106. None of the funds made available in this 

4 title shall be used to: (1) acquire land; (2) provide for site 

5 preparation; or (3) install utilities for any family housing, 

6 except housing for which funds have been made available 

7 in annual Acts making appropriations for military con8 struction. 

9 SEC. 107. None of the funds made available in this 

10 title for minor construction may be used to transfer or 

11 relocate any activity from one base or installation to an12 other, without prior notification to the Committees on Ap13 propriations of both Houses of Congress. 

14 SEC. 108. None of the funds made available in this 

15 title may be used for the procurement of steel for any con16 struction project or activity for which American steel pro17 ducers, fabricators, and manufacturers have been denied 

18 the opportunity to compete for such steel procurement. 

19 SEC. 109. None of the funds available to the Depart20 ment of Defense for military construction or family hous21 ing during the current fiscal year may be used to pay real 

22 property taxes in any foreign nation. 

23 SEC. 110. None of the funds made available in this 

24 title may be used to initiate a new installation overseas 

March 21, 2018 (6:08 p.m.)
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1 without prior notification to the Committees on Appro2 priations of both Houses of Congress. 

3 SEC. 111. None of the funds made available in this 

4 title may be obligated for architect and engineer contracts 

5 estimated by the Government to exceed $500,000 for 

6 projects to be accomplished in Japan, in any North Atlan7 tic Treaty Organization member country, or in countries 

8 bordering the Arabian Gulf, unless such contracts are 

9 awarded to United States firms or United States firms 

10 in joint venture with host nation firms. 

11 SEC. 112. None of the funds made available in this 

12 title for military construction in the United States terri13 tories and possessions in the Pacific and on Kwajalein 

14 Atoll, or in countries bordering the Arabian Gulf, may be 

15 used to award any contract estimated by the Government 

16 to exceed $1,000,000 to a foreign contractor: Provided, 

17 That this section shall not be applicable to contract 

18 awards for which the lowest responsive and responsible bid 

19 of a United States contractor exceeds the lowest respon20 sive and responsible bid of a foreign contractor by greater 

21 than 20 percent: Provided further, That this section shall 

22 not apply to contract awards for military construction on 

23 Kwajalein Atoll for which the lowest responsive and re24 sponsible bid is submitted by a Marshallese contractor. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 113. The Secretary of Defense shall inform the 

2 appropriate committees of both Houses of Congress, in3 cluding the Committees on Appropriations, of plans and 

4 scope of any proposed military exercise involving United 

5 States personnel 30 days prior to its occurring, if amounts 

6 expended for construction, either temporary or permanent, 

7 are anticipated to exceed $100,000. 

8 SEC. 114. Funds appropriated to the Department of 

9 Defense for construction in prior years shall be available 

10 for construction authorized for each such military depart11 ment by the authorizations enacted into law during the 

12 current session of Congress. 

13 SEC. 115. For military construction or family housing 

14 projects that are being completed with funds otherwise ex15 pired or lapsed for obligation, expired or lapsed funds may 

16 be used to pay the cost of associated supervision, inspec17 tion, overhead, engineering and design on those projects 

18 and on subsequent claims, if any. 

19 SEC. 116. Notwithstanding any other provision of 

20 law, any funds made available to a military department 

21 or defense agency for the construction of military projects 

22 may be obligated for a military construction project or 

23 contract, or for any portion of such a project or contract, 

24 at any time before the end of the fourth fiscal year after 

25 the fiscal year for which funds for such project were made 

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1 available, if the funds obligated for such project: (1) are 

2 obligated from funds available for military construction 

3 projects; and (2) do not exceed the amount appropriated 

4 for such project, plus any amount by which the cost of 

5 such project is increased pursuant to law. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 117. Subject to 30 days prior notification, or 

8 14 days for a notification provided in an electronic me9 dium pursuant to sections 480 and 2883 of title 10, 

10 United States Code, to the Committees on Appropriations 

11 of both Houses of Congress, such additional amounts as 

12 may be determined by the Secretary of Defense may be 

13 transferred to: (1) the Department of Defense Family 

14 Housing Improvement Fund from amounts appropriated 

15 for construction in ‘‘Family Housing’’ accounts, to be 

16 merged with and to be available for the same purposes 

17 and for the same period of time as amounts appropriated 

18 directly to the Fund; or (2) the Department of Defense 

19 Military Unaccompanied Housing Improvement Fund 

20 from amounts appropriated for construction of military 

21 unaccompanied housing in ‘‘Military Construction’’ ac22 counts, to be merged with and to be available for the same 

23 purposes and for the same period of time as amounts ap24 propriated directly to the Fund: Provided, That appropria25 tions made available to the Funds shall be available to 

March 21, 2018 (6:08 p.m.)
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1 cover the costs, as defined in section 502(5) of the Con2 gressional Budget Act of 1974, of direct loans or loan 

3 guarantees issued by the Department of Defense pursuant 

4 to the provisions of subchapter IV of chapter 169 of title 

5 10, United States Code, pertaining to alternative means 

6 of acquiring and improving military family housing, mili7 tary unaccompanied housing, and supporting facilities. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 118. In addition to any other transfer authority 

10 available to the Department of Defense, amounts may be 

11 transferred from the Department of Defense Base Closure 

12 Account to the fund established by section 1013(d) of the 

13 Demonstration Cities and Metropolitan Development Act 

14 of 1966 (42 U.S.C. 3374) to pay for expenses associated 

15 with the Homeowners Assistance Program incurred under 

16 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall 

17 be merged with and be available for the same purposes 

18 and for the same time period as the fund to which trans19 ferred. 

20 SEC. 119. Notwithstanding any other provision of 

21 law, funds made available in this title for operation and 

22 maintenance of family housing shall be the exclusive 

23 source of funds for repair and maintenance of all family 

24 housing units, including general or flag officer quarters: 

25 Provided, That not more than $35,000 per unit may be 

March 21, 2018 (6:08 p.m.)
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1 spent annually for the maintenance and repair of any gen2 eral or flag officer quarters without 30 days prior notifica3 tion, or 14 days for a notification provided in an electronic 

4 medium pursuant to sections 480 and 2883 of title 10, 

5 United States Code, to the Committees on Appropriations 

6 of both Houses of Congress, except that an after-the-fact 

7 notification shall be submitted if the limitation is exceeded 

8 solely due to costs associated with environmental remedi9 ation that could not be reasonably anticipated at the time 

10 of the budget submission: Provided further, That the 

11 Under Secretary of Defense (Comptroller) is to report an12 nually to the Committees on Appropriations of both 

13 Houses of Congress all operation and maintenance ex14 penditures for each individual general or flag officer quar15 ters for the prior fiscal year. 

16 SEC. 120. Amounts contained in the Ford Island Im17 provement Account established by subsection (h) of sec18 tion 2814 of title 10, United States Code, are appro19 priated and shall be available until expended for the pur20 poses specified in subsection (i)(1) of such section or until 

21 transferred pursuant to subsection (i)(3) of such section. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 121. During the 5-year period after appropria24 tions available in this Act to the Department of Defense 

25 for military construction and family housing operation and 

March 21, 2018 (6:08 p.m.)
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1 maintenance and construction have expired for obligation, 

2 upon a determination that such appropriations will not be 

3 necessary for the liquidation of obligations or for making 

4 authorized adjustments to such appropriations for obliga5 tions incurred during the period of availability of such ap6 propriations, unobligated balances of such appropriations 

7 may be transferred into the appropriation ‘‘Foreign Cur8 rency Fluctuations, Construction, Defense’’, to be merged 

9 with and to be available for the same time period and for 

10 the same purposes as the appropriation to which trans11 ferred. 

12 SEC. 122. (a) Except as provided in subsection (b), 

13 none of the funds made available in this Act may be used 

14 by the Secretary of the Army to relocate a unit in the 

15 Army that— 

16 (1) performs a testing mission or function that 

17 is not performed by any other unit in the Army and 

18 is specifically stipulated in title 10, United States 

19 Code; and 

20 (2) is located at a military installation at which 

21 the total number of civilian employees of the Depart22 ment of the Army and Army contractor personnel 

23 employed exceeds 10 percent of the total number of 

24 members of the regular and reserve components of 

25 the Army assigned to the installation. 

March 21, 2018 (6:08 p.m.)
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1 (b) EXCEPTION.—Subsection (a) shall not apply if 

2 the Secretary of the Army certifies to the congressional 

3 defense committees that in proposing the relocation of the 

4 unit of the Army, the Secretary complied with Army Regu5 lation 5–10 relating to the policy, procedures, and respon6 sibilities for Army stationing actions. 

7 SEC. 123. Amounts appropriated or otherwise made 

8 available in an account funded under the headings in this 

9 title may be transferred among projects and activities 

10 within the account in accordance with the reprogramming 

11 guidelines for military construction and family housing 

12 construction contained in Department of Defense Finan13 cial Management Regulation 7000.14–R, Volume 3, Chap14 ter 7, of March 2011, as in effect on the date of enactment 

15 of this Act. 

16 SEC. 124. None of the funds made available in this 

17 title may be obligated or expended for planning and design 

18 and construction of projects at Arlington National Ceme19 tery. 

20 SEC. 125. For an additional amount for the accounts 

21 and in the amounts specified, to remain available until 

22 September 30, 2022: 

23 ‘‘Military Construction, Army’’, $93,800,000, of 

24 which $25,000,000 is for planning and design; 

March 21, 2018 (6:08 p.m.)
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1 ‘‘Military Construction, Navy and Marine 

2 Corps’’, $202,130,000, of which $25,000,000 is for 

3 planning and design; 

4 ‘‘Military Construction, Air Force’’, 

5 $138,100,000, of which $25,000,000 is for planning 

6 and design; 

7 ‘‘Military Construction, Army National Guard’’, 

8 $113,500,000, of which $20,000,000 is for planning 

9 and design; 

10 ‘‘Military Construction, Air National Guard’’, 

11 $52,000,000, of which $20,000,000 is for planning 

12 and design; 

13 ‘‘Military Construction, Army Reserve’’, 

14 $76,000,000, of which $20,000,000 is for planning 

15 and design; and 

16 ‘‘Military Construction, Air Force Reserve’’, 

17 $64,100,000, of which $20,000,000 is for planning 

18 and design: 

19 Provided, That such funds may only be obligated to carry 

20 out construction projects identified in the respective mili21 tary department’s unfunded priority list for fiscal year 

22 2018 submitted to Congress: Provided further, That such 

23 projects are subject to authorization prior to obligation 

24 and expenditure of funds to carry out construction: Pro25 vided further, That not later than 30 days after enactment 

March 21, 2018 (6:08 p.m.)
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1 of this Act, the Secretary of the military department con2 cerned, or his or her designee, shall submit to the Commit3 tees on Appropriations of both Houses of Congress an ex4 penditure plan for funds provided under this section. 

5 (RESCISSIONS OF FUNDS)

6 SEC. 126. Of the unobligated balances available to 

7 the Department of Defense from prior appropriation Acts, 

8 the following funds are hereby rescinded from the fol9 lowing accounts in the amounts specified: 

10 ‘‘NATO Security Investment Program’’, 

11 $25,000,000; and 

12 ‘‘Family Housing Construction, Army’’, 

13 $18,000,000: 

14 Provided, That no amounts may be rescinded from 

15 amounts that were designated by the Congress for Over16 seas Contingency Operations/Global War on Terrorism or 

17 as an emergency requirement pursuant to a concurrent 

18 resolution on the budget or the Balanced Budget and 

19 Emergency Deficit Control Act of 1985, as amended. 

20 SEC. 127. For the purposes of this Act, the term 

21 ‘‘congressional defense committees’’ means the Commit22 tees on Armed Services of the House of Representatives 

23 and the Senate, the Subcommittee on Military Construc24 tion and Veterans Affairs of the Committee on Appropria25 tions of the Senate, and the Subcommittee on Military 

March 21, 2018 (6:08 p.m.)
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1 Construction and Veterans Affairs of the Committee on 

2 Appropriations of the House of Representatives. 

3 SEC. 128. None of the funds made available by this 

4 Act may be used to carry out the closure or realignment 

5 of the United States Naval Station, Guanta ́namo Bay, 

6 Cuba. 

7 SEC. 129. Notwithstanding any other provision of 

8 law, none of the funds appropriated or otherwise made 

9 available by this or any other Act may be used to consoli10 date or relocate any element of a United States Air Force 

11 Rapid Engineer Deployable Heavy Operational Repair 

12 Squadron Engineer (RED HORSE) outside of the United 

13 States until the Secretary of the Air Force (1) completes 

14 an analysis and comparison of the cost and infrastructure 

15 investment required to consolidate or relocate a RED 

16 HORSE squadron outside of the United States versus 

17 within the United States; (2) provides to the Committees 

18 on Appropriations of both Houses of Congress (‘‘the Com19 mittees’’) a report detailing the findings of the cost anal20 ysis; and (3) certifies in writing to the Committees that 

21 the preferred site for the consolidation or relocation yields 

22 the greatest savings for the Air Force: Provided, That the 

23 term ‘‘United States’’ in this section does not include any 

24 territory or possession of the United States. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 130. All amounts appropriated to ‘‘Department 

2 of Defense—Military Construction, Defense-Wide’’ pursu3 ant to the authorization of appropriations in section 2403 

4 of Public Law 115–91, as specified for fiscal year 2018 

5 in the funding table in section 4601 of that Act, shall be 

6 immediately available and allotted to contract for the full 

7 scope of authorized projects. 

8 SEC. 131. For an additional amount for ‘‘Military 

9 Construction, Army’’, for the Defense Access Road Pro10 gram, $20,000,000, to remain available until expended: 

11 Provided, That amounts made available under this section 

12 may not be obligated or expended until the Secretary of 

13 the Army submits to the Committees on Appropriations 

14 of the Senate and House of Representatives a detailed ex15 penditure plan 30 days after enactment of this Act. 

March 21, 2018 (6:08 p.m.)
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1 TITLE II 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on 

7 behalf of veterans and a pilot program for disability ex8 aminations as authorized by section 107 and chapters 11, 

9 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

10 pension benefits to or on behalf of veterans as authorized 

11 by chapters 15, 51, 53, 55, and 61 of title 38, United 

12 States Code; and burial benefits, the Reinstated Entitle13 ment Program for Survivors, emergency and other offi14 cers’ retirement pay, adjusted-service credits and certifi15 cates, payment of premiums due on commercial life insur16 ance policies guaranteed under the provisions of title IV 

17 of the Servicemembers Civil Relief Act (50 U.S.C. App. 

18 541 et seq.) and for other benefits as authorized by sec19 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

20 53, 55, and 61 of title 38, United States Code, 

21 $95,768,462,000, to remain available until expended and 

22 to become available on October 1, 2018: Provided, That 

23 not to exceed $17,882,000 of the amount made available 

24 for fiscal year 2019 under this heading shall be reim25 bursed to ‘‘General Operating Expenses, Veterans BeneMarch 21, 2018 (6:08 p.m.)
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1 fits Administration’’, and ‘‘Information Technology Sys2 tems’’ for necessary expenses in implementing the provi3 sions of chapters 51, 53, and 55 of title 38, United States 

4 Code, the funding source for which is specifically provided 

5 as the ‘‘Compensation and Pensions’’ appropriation: Pro6 vided further, That such sums as may be earned on an 

7 actual qualifying patient basis, shall be reimbursed to 

8 ‘‘Medical Care Collections Fund’’ to augment the funding 

9 of individual medical facilities for nursing home care pro10 vided to pensioners as authorized. 

11 READJUSTMENT BENEFITS

12 For the payment of readjustment and rehabilitation 

13 benefits to or on behalf of veterans as authorized by chap14 ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 

15 61 of title 38, United States Code, $11,832,175,000, to 

16 remain available until expended and to become available 

17 on October 1, 2018: Provided, That expenses for rehabili18 tation program services and assistance which the Sec19 retary is authorized to provide under subsection (a) of sec20 tion 3104 of title 38, United States Code, other than 

21 under paragraphs (1), (2), (5), and (11) of that sub22 section, shall be charged to this account. 

23 VETERANS INSURANCE AND INDEMNITIES

24 For military and naval insurance, national service life 

25 insurance, servicemen’s indemnities, service-disabled vetMarch 21, 2018 (6:08 p.m.)
1139 

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1 erans insurance, and veterans mortgage life insurance as 

2 authorized by chapters 19 and 21, title 38, United States 

3 Code, $121,529,000, to remain available until expended, 

4 of which $109,090,000 shall become available on October 

5 1, 2018. 

6 VETERANS HOUSING BENEFIT PROGRAM FUND

7 For the cost of direct and guaranteed loans, such 

8 sums as may be necessary to carry out the program, as 

9 authorized by subchapters I through III of chapter 37 of 

10 title 38, United States Code: Provided, That such costs, 

11 including the cost of modifying such loans, shall be as de12 fined in section 502 of the Congressional Budget Act of 

13 1974: Provided further, That, during fiscal year 2018, 

14 within the resources available, not to exceed $500,000 in 

15 gross obligations for direct loans are authorized for spe16 cially adapted housing loans. 

17 In addition, for administrative expenses to carry out 

18 the direct and guaranteed loan programs, $178,626,000. 

19 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

20 For the cost of direct loans, $30,000, as authorized 

21 by chapter 31 of title 38, United States Code: Provided, 

22 That such costs, including the cost of modifying such 

23 loans, shall be as defined in section 502 of the Congres24 sional Budget Act of 1974: Provided further, That funds 

25 made available under this heading are available to subMarch 21, 2018 (6:08 p.m.)
1140 

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1 sidize gross obligations for the principal amount of direct 

2 loans not to exceed $2,356,000. 

3 In addition, for administrative expenses necessary to 

4 carry out the direct loan program, $395,000, which may 

5 be paid to the appropriation for ‘‘General Operating Ex6 penses, Veterans Benefits Administration’’. 

7 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

8 ACCOUNT

9 For administrative expenses to carry out the direct 

10 loan program authorized by subchapter V of chapter 37 

11 of title 38, United States Code, $1,163,000. 

12 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

13 ADMINISTRATION

14 For necessary operating expenses of the Veterans 

15 Benefits Administration, not otherwise provided for, in16 cluding hire of passenger motor vehicles, reimbursement 

17 of the General Services Administration for security guard 

18 services, and reimbursement of the Department of De19 fense for the cost of overseas employee mail, 

20 $2,910,000,000: Provided, That expenses for services and 

21 assistance authorized under paragraphs (1), (2), (5), and 

22 (11) of section 3104(a) of title 38, United States Code, 

23 that the Secretary of Veterans Affairs determines are nec24 essary to enable entitled veterans: (1) to the maximum ex25 tent feasible, to become employable and to obtain and 

March 21, 2018 (6:08 p.m.)
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1 maintain suitable employment; or (2) to achieve maximum 

2 independence in daily living, shall be charged to this ac3 count: Provided further, That, of the funds made available 

4 under this heading, not to exceed 10 percent shall remain 

5 available until September 30, 2019. 

6 VETERANS HEALTH ADMINISTRATION

7 MEDICAL SERVICES

8 For necessary expenses for furnishing, as authorized 

9 by law, inpatient and outpatient care and treatment to 

10 beneficiaries of the Department of Veterans Affairs and 

11 veterans described in section 1705(a) of title 38, United 

12 States Code, including care and treatment in facilities not 

13 under the jurisdiction of the Department, and including 

14 medical supplies and equipment, bioengineering services, 

15 food services, and salaries and expenses of healthcare em16 ployees hired under title 38, United States Code, aid to 

17 State homes as authorized by section 1741 of title 38, 

18 United States Code, assistance and support services for 

19 caregivers as authorized by section 1720G of title 38, 

20 United States Code, loan repayments authorized by sec21 tion 604 of the Caregivers and Veterans Omnibus Health 

22 Services Act of 2010 (Public Law 111–163; 124 Stat. 

23 1174; 38 U.S.C. 7681 note), monthly assistance allow24 ances authorized by section 322(d) of title 38, United 

25 States Code, grants authorized by section 521A of title 

March 21, 2018 (6:08 p.m.)
1142 

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1 38, United States Code, and administrative expenses nec2 essary to carry out sections 322(d) and 521A of title 38, 

3 United States Code, and hospital care and medical serv4 ices authorized by section 1787 of title 38, United States 

5 Code; $1,962,984,000, which shall be in addition to funds 

6 previously appropriated under this heading that became 

7 available on October 1, 2017; and, in addition, 

8 $49,161,165,000, plus reimbursements, shall become 

9 available on October 1, 2018, and shall remain available 

10 until September 30, 2019: Provided, That, of the amount 

11 made available on October 1, 2018, under this heading, 

12 $1,400,000,000 shall remain available until September 30, 

13 2020: Provided further, That, notwithstanding any other 

14 provision of law, the Secretary of Veterans Affairs shall 

15 establish a priority for the provision of medical treatment 

16 for veterans who have service-connected disabilities, lower 

17 income, or have special needs: Provided further, That, not18 withstanding any other provision of law, the Secretary of 

19 Veterans Affairs shall give priority funding for the provi20 sion of basic medical benefits to veterans in enrollment 

21 priority groups 1 through 6: Provided further, That, not22 withstanding any other provision of law, the Secretary of 

23 Veterans Affairs may authorize the dispensing of prescrip24 tion drugs from Veterans Health Administration facilities 

25 to enrolled veterans with privately written prescriptions 

March 21, 2018 (6:08 p.m.)
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1 based on requirements established by the Secretary: Pro2 vided further, That the implementation of the program de3 scribed in the previous proviso shall incur no additional 

4 cost to the Department of Veterans Affairs: Provided fur5 ther, That the Secretary of Veterans Affairs shall ensure 

6 that sufficient amounts appropriated under this heading 

7 for medical supplies and equipment are available for the 

8 acquisition of prosthetics designed specifically for female 

9 veterans. 

10 MEDICAL COMMUNITY CARE

11 For necessary expenses for furnishing health care to 

12 individuals pursuant to chapter 17 of title 38, United 

13 States Code, at non-Department facilities, $419,176,000, 

14 which shall be in addition to funds previously appropriated 

15 under this heading that became available on October 1, 

16 2017; and, in addition, $8,384,704,000, plus reimburse17 ments, shall become available on October 1, 2018, and 

18 shall remain available until September 30, 2019: Provided, 

19 That, of the amount made available on October 1, 2018, 

20 under this heading, $2,000,000,000 shall remain available 

21 until September 30, 2022. 

22 MEDICAL SUPPORT AND COMPLIANCE

23 For necessary expenses in the administration of the 

24 medical, hospital, nursing home, domiciliary, construction, 

25 supply, and research activities, as authorized by law; adMarch 21, 2018 (6:08 p.m.)
1144 

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1 ministrative expenses in support of capital policy activi2 ties; and administrative and legal expenses of the Depart3 ment for collecting and recovering amounts owed the De4 partment as authorized under chapter 17 of title 38, 

5 United States Code, and the Federal Medical Care Recov6 ery Act (42 U.S.C. 2651 et seq.), $100,000,000, which 

7 shall be in addition to funds previously appropriated under 

8 this heading that became available on October 1, 2017; 

9 and, in addition, $7,239,156,000, plus reimbursements, 

10 shall become available on October 1, 2018, and shall re11 main available until September 30, 2019: Provided, That, 

12 of the amount made available on October 1, 2018, under 

13 this heading, $100,000,000 shall remain available until 

14 September 30, 2020. 

15 MEDICAL FACILITIES

16 For necessary expenses for the maintenance and op17 eration of hospitals, nursing homes, domiciliary facilities, 

18 and other necessary facilities of the Veterans Health Ad19 ministration; for administrative expenses in support of 

20 planning, design, project management, real property ac21 quisition and disposition, construction, and renovation of 

22 any facility under the jurisdiction or for the use of the 

23 Department; for oversight, engineering, and architectural 

24 activities not charged to project costs; for repairing, alter25 ing, improving, or providing facilities in the several hosMarch 21, 2018 (6:08 p.m.)
1145 

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1 pitals and homes under the jurisdiction of the Depart2 ment, not otherwise provided for, either by contract or by 

3 the hire of temporary employees and purchase of mate4 rials; for leases of facilities; and for laundry services; 

5 $707,000,000, to remain available until September 30, 

6 2019, which shall be in addition to funds previously appro7 priated under this heading that became available on Octo8 ber 1, 2017; and, in addition, $5,914,288,000, plus reim9 bursements, shall become available on October 1, 2018, 

10 and shall remain available until September 30, 2019: Pro11 vided, That, of the amount made available on October 1, 

12 2018, under this heading, $250,000,000 shall remain 

13 available until September 30, 2020. 

14 MEDICAL AND PROSTHETIC RESEARCH

15 For necessary expenses in carrying out programs of 

16 medical and prosthetic research and development as au17 thorized by chapter 73 of title 38, United States Code, 

18 $722,262,000, plus reimbursements, shall remain avail19 able until September 30, 2019: Provided, That the Sec20 retary of Veterans Affairs shall ensure that sufficient 

21 amounts appropriated under this heading are available for 

22 prosthetic research specifically for female veterans, and 

23 for toxic exposure research. 

March 21, 2018 (6:08 p.m.)
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1 NATIONAL CEMETERY ADMINISTRATION

2 For necessary expenses of the National Cemetery Ad3 ministration for operations and maintenance, not other4 wise provided for, including uniforms or allowances there5 for; cemeterial expenses as authorized by law; purchase 

6 of one passenger motor vehicle for use in cemeterial oper7 ations; hire of passenger motor vehicles; and repair, alter8 ation or improvement of facilities under the jurisdiction 

9 of the National Cemetery Administration, $306,193,000, 

10 of which not to exceed 10 percent shall remain available 

11 until September 30, 2019. 

12 DEPARTMENTAL ADMINISTRATION

13 GENERAL ADMINISTRATION

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary operating expenses of the Department 

16 of Veterans Affairs, not otherwise provided for, including 

17 administrative expenses in support of Department-wide 

18 capital planning, management and policy activities, uni19 forms, or allowances therefor; not to exceed $25,000 for 

20 official reception and representation expenses; hire of pas21 senger motor vehicles; and reimbursement of the General 

22 Services Administration for security guard services, 

23 $335,891,000, of which not to exceed 10 percent shall re24 main available until September 30, 2019: Provided, That 

25 funds provided under this heading may be transferred to 

March 21, 2018 (6:08 p.m.)
1147 

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1 ‘‘General Operating Expenses, Veterans Benefits Adminis2 tration’’. 

3 BOARD OF VETERANS APPEALS

4 For necessary operating expenses of the Board of 

5 Veterans Appeals, $161,048,000, of which not to exceed 

6 10 percent shall remain available until September 30, 

7 2019. 

8 INFORMATION TECHNOLOGY SYSTEMS

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses for information technology 

11 systems and telecommunications support, including devel12 opmental information systems and operational information 

13 systems; for pay and associated costs; and for the capital 

14 asset acquisition of information technology systems, in15 cluding management and related contractual costs of said 

16 acquisitions, including contractual costs associated with 

17 operations authorized by section 3109 of title 5, United 

18 States Code, $4,055,500,000, plus reimbursements: Pro19 vided, That $1,230,320,000 shall be for pay and associ20 ated costs, of which not to exceed 5 percent shall remain 

21 available until September 30, 2019: Provided further, That 

22 $2,496,650,000 shall be for operations and maintenance, 

23 of which not to exceed 5 percent shall remain available 

24 until September 30, 2019: Provided further, That 

25 $328,530,000 shall be for information technology systems 

March 21, 2018 (6:08 p.m.)
1148 

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1 development, and shall remain available until September 

2 30, 2019: Provided further, That amounts made available 

3 for information technology systems development may not 

4 be obligated or expended until the Secretary of Veterans 

5 Affairs or the Chief Information Officer of the Depart6 ment of Veterans Affairs submits to the Committees on 

7 Appropriations of both Houses of Congress a certification 

8 of the amounts, in parts or in full, to be obligated and 

9 expended for each development project: Provided further, 

10 That amounts made available for salaries and expenses, 

11 operations and maintenance, and information technology 

12 systems development may be transferred among the three 

13 subaccounts after the Secretary of Veterans Affairs re14 quests from the Committees on Appropriations of both 

15 Houses of Congress the authority to make the transfer 

16 and an approval is issued: Provided further, That amounts 

17 made available for the ‘‘Information Technology Systems’’ 

18 account for development may be transferred among 

19 projects or to newly defined projects: Provided further, 

20 That no project may be increased or decreased by more 

21 than $1,000,000 of cost prior to submitting a request to 

22 the Committees on Appropriations of both Houses of Con23 gress to make the transfer and an approval is issued, or 

24 absent a response, a period of 30 days has elapsed: Pro25 vided further, That the funds made available under this 

March 21, 2018 (6:08 p.m.)
1149 

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1 heading for information technology systems development 

2 shall be for the projects, and in the amounts, specified 

3 under this heading in the explanatory statement described 

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

5 consolidated Act). 

6 VETERANS ELECTRONIC HEALTH RECORD

7 For activities related to implementation, preparation, 

8 development, interface, management, rollout, and mainte9 nance of a Veterans Electronic Health Record system, in10 cluding contractual costs associated with operations au11 thorized by section 3109 of title 5, United States Code, 

12 and salaries and expenses of employees hired under titles 

13 5 and 38, United States Code, $782,000,000, to remain 

14 available until September 30, 2020: Provided, That the 

15 Secretary of Veterans Affairs shall submit to the Commit16 tees on Appropriations of both Houses of Congress quar17 terly reports detailing obligations, expenditures, and de18 ployment implementation by facility: Provided further, 

19 That the funds provided in this account shall only be avail20 able to the Office of the Deputy Secretary, to be adminis21 tered by that Office. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector 

24 General, to include information technology, in carrying out 

25 the provisions of the Inspector General Act of 1978 (5 

March 21, 2018 (6:08 p.m.)
1150 

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1 U.S.C. App.), $164,000,000, of which not to exceed 10 

2 percent shall remain available until September 30, 2019. 

3 CONSTRUCTION, MAJOR PROJECTS

4 For constructing, altering, extending, and improving 

5 any of the facilities, including parking projects, under the 

6 jurisdiction or for the use of the Department of Veterans 

7 Affairs, or for any of the purposes set forth in sections 

8 316, 2404, 2406 and chapter 81 of title 38, United States 

9 Code, not otherwise provided for, including planning, ar10 chitectural and engineering services, construction manage11 ment services, maintenance or guarantee period services 

12 costs associated with equipment guarantees provided 

13 under the project, services of claims analysts, offsite utility 

14 and storm drainage system construction costs, and site ac15 quisition, where the estimated cost of a project is more 

16 than the amount set forth in section 8104(a)(3)(A) of title 

17 38, United States Code, or where funds for a project were 

18 made available in a previous major project appropriation, 

19 $512,430,000, of which $432,430,000 shall remain avail20 able until September 30, 2022, and of which $80,000,000 

21 shall remain available until expended: Provided, That ex22 cept for advance planning activities, including needs as23 sessments which may or may not lead to capital invest24 ments, and other capital asset management related activi25 ties, including portfolio development and management acMarch 21, 2018 (6:08 p.m.)
1151 

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1 tivities, and investment strategy studies funded through 

2 the advance planning fund and the planning and design 

3 activities funded through the design fund, including needs 

4 assessments which may or may not lead to capital invest5 ments, and salaries and associated costs of the resident 

6 engineers who oversee those capital investments funded 

7 through this account and contracting officers who manage 

8 specific major construction projects, and funds provided 

9 for the purchase, security, and maintenance of land for 

10 the National Cemetery Administration through the land 

11 acquisition line item, none of the funds made available 

12 under this heading shall be used for any project that has 

13 not been notified to Congress through the budgetary proc14 ess or that has not been approved by the Congress through 

15 statute, joint resolution, or in the explanatory statement 

16 accompanying such Act and presented to the President at 

17 the time of enrollment: Provided further, That funds made 

18 available under this heading for fiscal year 2018, for each 

19 approved project shall be obligated: (1) by the awarding 

20 of a construction documents contract by September 30, 

21 2018; and (2) by the awarding of a construction contract 

22 by September 30, 2019: Provided further, That the Sec23 retary of Veterans Affairs shall promptly submit to the 

24 Committees on Appropriations of both Houses of Congress 

25 a written report on any approved major construction 

March 21, 2018 (6:08 p.m.)
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1 project for which obligations are not incurred within the 

2 time limitations established above: Provided further, That, 

3 of the amount made available under this heading, 

4 $117,300,000 for Veterans Health Administration major 

5 construction projects shall not be available until the De6 partment of Veterans Affairs— 

7 (1) enters into an agreement with an appro8 priate non-Department of Veterans Affairs Federal 

9 entity to serve as the design and/or construction 

10 agent for any Veterans Health Administration major 

11 construction project with a Total Estimated Cost of 

12 $100,000,000 or above by providing full project 

13 management services, including management of the 

14 project design, acquisition, construction, and con15 tract changes, consistent with section 502 of Public 

16 Law 114–58; and 

17 (2) certifies in writing that such an agreement 

18 is executed and intended to minimize or prevent sub19 sequent major construction project cost overruns 

20 and provides a copy of the agreement entered into 

21 and any required supplementary information to the 

22 Committees on Appropriations of both Houses of 

23 Congress. 

March 21, 2018 (6:08 p.m.)
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1 CONSTRUCTION, MINOR PROJECTS

2 For constructing, altering, extending, and improving 

3 any of the facilities, including parking projects, under the 

4 jurisdiction or for the use of the Department of Veterans 

5 Affairs, including planning and assessments of needs 

6 which may lead to capital investments, architectural and 

7 engineering services, maintenance or guarantee period 

8 services costs associated with equipment guarantees pro9 vided under the project, services of claims analysts, offsite 

10 utility and storm drainage system construction costs, and 

11 site acquisition, or for any of the purposes set forth in 

12 sections 316, 2404, 2406 and chapter 81 of title 38, 

13 United States Code, not otherwise provided for, where the 

14 estimated cost of a project is equal to or less than the 

15 amount set forth in section 8104(a)(3)(A) of title 38, 

16 United States Code, $342,570,000, to remain available 

17 until September 30, 2022, along with unobligated balances 

18 of previous ‘‘Construction, Minor Projects’’ appropriations 

19 which are hereby made available for any project where the 

20 estimated cost is equal to or less than the amount set forth 

21 in such section: Provided, That funds made available 

22 under this heading shall be for: (1) repairs to any of the 

23 nonmedical facilities under the jurisdiction or for the use 

24 of the Department which are necessary because of loss or 

25 damage caused by any natural disaster or catastrophe; 

March 21, 2018 (6:08 p.m.)
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1 and (2) temporary measures necessary to prevent or to 

2 minimize further loss by such causes. 

3 GRANTS FOR CONSTRUCTION OF

4 STATE EXTENDED CARE FACILITIES

5 For grants to assist States to acquire or construct 

6 State nursing home and domiciliary facilities and to re7 model, modify, or alter existing hospital, nursing home, 

8 and domiciliary facilities in State homes, for furnishing 

9 care to veterans as authorized by sections 8131 through 

10 8137 of title 38, United States Code, $110,000,000, to 

11 remain available until expended. 

12 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

13 For grants to assist States and tribal organizations 

14 in establishing, expanding, or improving veterans ceme15 teries as authorized by section 2408 of title 38, United 

16 States Code, $45,000,000, to remain available until ex17 pended. 

18 ADMINISTRATIVE PROVISIONS

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 201. Any appropriation for fiscal year 2018 for 

21 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

22 and ‘‘Veterans Insurance and Indemnities’’ may be trans23 ferred as necessary to any other of the mentioned appro24 priations: Provided, That, before a transfer may take 

25 place, the Secretary of Veterans Affairs shall request from 

March 21, 2018 (6:08 p.m.)
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1 the Committees on Appropriations of both Houses of Con2 gress the authority to make the transfer and such Com3 mittees issue an approval, or absent a response, a period 

4 of 30 days has elapsed. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 202. Amounts made available for the Depart7 ment of Veterans Affairs for fiscal year 2018, in this or 

8 any other Act, under the ‘‘Medical Services’’, ‘‘Medical 

9 Community Care’’, ‘‘Medical Support and Compliance’’, 

10 and ‘‘Medical Facilities’’ accounts may be transferred 

11 among the accounts: Provided, That any transfers among 

12 the ‘‘Medical Services’’, ‘‘Medical Community Care’’, and 

13 ‘‘Medical Support and Compliance’’ accounts of 1 percent 

14 or less of the total amount appropriated to the account 

15 in this or any other Act may take place subject to notifica16 tion from the Secretary of Veterans Affairs to the Com17 mittees on Appropriations of both Houses of Congress of 

18 the amount and purpose of the transfer: Provided further, 

19 That any transfers among the ‘‘Medical Services’’, ‘‘Med20 ical Community Care’’, and ‘‘Medical Support and Compli21 ance’’ accounts in excess of 1 percent, or exceeding the 

22 cumulative 1 percent for the fiscal year, may take place 

23 only after the Secretary requests from the Committees on 

24 Appropriations of both Houses of Congress the authority 

25 to make the transfer and an approval is issued: Provided 

March 21, 2018 (6:08 p.m.)
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1 further, That any transfers to or from the ‘‘Medical Facili2 ties’’ account may take place only after the Secretary re3 quests from the Committees on Appropriations of both 

4 Houses of Congress the authority to make the transfer 

5 and an approval is issued. 

6 SEC. 203. Appropriations available in this title for 

7 salaries and expenses shall be available for services au8 thorized by section 3109 of title 5, United States Code; 

9 hire of passenger motor vehicles; lease of a facility or land 

10 or both; and uniforms or allowances therefore, as author11 ized by sections 5901 through 5902 of title 5, United 

12 States Code. 

13 SEC. 204. No appropriations in this title (except the 

14 appropriations for ‘‘Construction, Major Projects’’, and 

15 ‘‘Construction, Minor Projects’’) shall be available for the 

16 purchase of any site for or toward the construction of any 

17 new hospital or home. 

18 SEC. 205. No appropriations in this title shall be 

19 available for hospitalization or examination of any persons 

20 (except beneficiaries entitled to such hospitalization or ex21 amination under the laws providing such benefits to vet22 erans, and persons receiving such treatment under sec23 tions 7901 through 7904 of title 5, United States Code, 

24 or the Robert T. Stafford Disaster Relief and Emergency 

25 Assistance Act (42 U.S.C. 5121 et seq.)), unless reimMarch 21, 2018 (6:08 p.m.)
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1 bursement of the cost of such hospitalization or examina2 tion is made to the ‘‘Medical Services’’ account at such 

3 rates as may be fixed by the Secretary of Veterans Affairs. 

4 SEC. 206. Appropriations available in this title for 

5 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

6 and ‘‘Veterans Insurance and Indemnities’’ shall be avail7 able for payment of prior year accrued obligations re8 quired to be recorded by law against the corresponding 

9 prior year accounts within the last quarter of fiscal year 

10 2017. 

11 SEC. 207. Appropriations available in this title shall 

12 be available to pay prior year obligations of corresponding 

13 prior year appropriations accounts resulting from sections 

14 3328(a), 3334, and 3712(a) of title 31, United States 

15 Code, except that if such obligations are from trust fund 

16 accounts they shall be payable only from ‘‘Compensation 

17 and Pensions’’. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 208. Notwithstanding any other provision of 

20 law, during fiscal year 2018, the Secretary of Veterans 

21 Affairs shall, from the National Service Life Insurance 

22 Fund under section 1920 of title 38, United States Code, 

23 the Veterans’ Special Life Insurance Fund under section 

24 1923 of title 38, United States Code, and the United 

25 States Government Life Insurance Fund under section 

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1 1955 of title 38, United States Code, reimburse the ‘‘Gen2 eral Operating Expenses, Veterans Benefits Administra3 tion’’ and ‘‘Information Technology Systems’’ accounts for 

4 the cost of administration of the insurance programs fi5 nanced through those accounts: Provided, That reimburse6 ment shall be made only from the surplus earnings accu7 mulated in such an insurance program during fiscal year 

8 2018 that are available for dividends in that program after 

9 claims have been paid and actuarially determined reserves 

10 have been set aside: Provided further, That if the cost of 

11 administration of such an insurance program exceeds the 

12 amount of surplus earnings accumulated in that program, 

13 reimbursement shall be made only to the extent of such 

14 surplus earnings: Provided further, That the Secretary 

15 shall determine the cost of administration for fiscal year 

16 2018 which is properly allocable to the provision of each 

17 such insurance program and to the provision of any total 

18 disability income insurance included in that insurance pro19 gram. 

20 SEC. 209. Amounts deducted from enhanced-use 

21 lease proceeds to reimburse an account for expenses in22 curred by that account during a prior fiscal year for pro23 viding enhanced-use lease services, may be obligated dur24 ing the fiscal year in which the proceeds are received. 

March 21, 2018 (6:08 p.m.)
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 210. Funds available in this title or funds for 

3 salaries and other administrative expenses shall also be 

4 available to reimburse the Office of Resolution Manage5 ment, the Office of Employment Discrimination Complaint 

6 Adjudication, the Office of Accountability and Whistle7 blower Protection, and the Office of Diversity and Inclu8 sion for all services provided at rates which will recover 

9 actual costs but not to exceed $47,668,000 for the Office 

10 of Resolution Management, $3,932,000 for the Office of 

11 Employment Discrimination Complaint Adjudication, 

12 $17,620,000 for the Office of Accountability and Whistle13 blower Protection, and $2,973,000 for the Office of Diver14 sity and Inclusion: Provided, That payments may be made 

15 in advance for services to be furnished based on estimated 

16 costs: Provided further, That amounts received shall be 

17 credited to the ‘‘General Administration’’ and ‘‘Informa18 tion Technology Systems’’ accounts for use by the office 

19 that provided the service. 

20 SEC. 211. No funds of the Department of Veterans 

21 Affairs shall be available for hospital care, nursing home 

22 care, or medical services provided to any person under 

23 chapter 17 of title 38, United States Code, for a non-serv24 ice-connected disability described in section 1729(a)(2) of 

25 such title, unless that person has disclosed to the SecMarch 21, 2018 (6:08 p.m.)
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1 retary of Veterans Affairs, in such form as the Secretary 

2 may require, current, accurate third-party reimbursement 

3 information for purposes of section 1729 of such title: Pro4 vided, That the Secretary may recover, in the same man5 ner as any other debt due the United States, the reason6 able charges for such care or services from any person who 

7 does not make such disclosure as required: Provided fur8 ther, That any amounts so recovered for care or services 

9 provided in a prior fiscal year may be obligated by the 

10 Secretary during the fiscal year in which amounts are re11 ceived. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 212. Notwithstanding any other provision of 

14 law, proceeds or revenues derived from enhanced-use leas15 ing activities (including disposal) may be deposited into 

16 the ‘‘Construction, Major Projects’’ and ‘‘Construction, 

17 Minor Projects’’ accounts and be used for construction 

18 (including site acquisition and disposition), alterations, 

19 and improvements of any medical facility under the juris20 diction or for the use of the Department of Veterans Af21 fairs. Such sums as realized are in addition to the amount 

22 provided for in ‘‘Construction, Major Projects’’ and ‘‘Con23 struction, Minor Projects’’. 

24 SEC. 213. Amounts made available under ‘‘Medical 

25 Services’’ are available— 

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1 (1) for furnishing recreational facilities, sup2 plies, and equipment; and 

3 (2) for funeral expenses, burial expenses, and 

4 other expenses incidental to funerals and burials for 

5 beneficiaries receiving care in the Department. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 214. Such sums as may be deposited to the 

8 Medical Care Collections Fund pursuant to section 1729A 

9 of title 38, United States Code, may be transferred to the 

10 ‘‘Medical Services’’ and ‘‘Medical Community Care’’ ac11 counts to remain available until expended for the purposes 

12 of these accounts. 

13 SEC. 215. The Secretary of Veterans Affairs may 

14 enter into agreements with Federally Qualified Health 

15 Centers in the State of Alaska and Indian tribes and tribal 

16 organizations which are party to the Alaska Native Health 

17 Compact with the Indian Health Service, to provide 

18 healthcare, including behavioral health and dental care, to 

19 veterans in rural Alaska. The Secretary shall require par20 ticipating veterans and facilities to comply with all appro21 priate rules and regulations, as established by the Sec22 retary. The term ‘‘rural Alaska’’ shall mean those lands 

23 which are not within the boundaries of the municipality 

24 of Anchorage or the Fairbanks North Star Borough. 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 216. Such sums as may be deposited to the De3 partment of Veterans Affairs Capital Asset Fund pursu4 ant to section 8118 of title 38, United States Code, may 

5 be transferred to the ‘‘Construction, Major Projects’’ and 

6 ‘‘Construction, Minor Projects’’ accounts, to remain avail7 able until expended for the purposes of these accounts. 

8 SEC. 217. Not later than 30 days after the end of 

9 each fiscal quarter, the Secretary of Veterans Affairs shall 

10 submit to the Committees on Appropriations of both 

11 Houses of Congress a report on the financial status of the 

12 Department of Veterans Affairs for the preceding quarter: 

13 Provided, That, at a minimum, the report shall include 

14 the direction contained in the paragraph entitled ‘‘Quar15 terly reporting’’, under the heading ‘‘General Administra16 tion’’ in the joint explanatory statement accompanying 

17 Public Law 114–223. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 218. Amounts made available under the ‘‘Med20 ical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Sup21 port and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Op22 erating Expenses, Veterans Benefits Administration’’, 

23 ‘‘Board of Veterans Appeals’’, ‘‘General Administration’’, 

24 and ‘‘National Cemetery Administration’’ accounts for fis25 cal year 2018 may be transferred to or from the ‘‘InformaMarch 21, 2018 (6:08 p.m.)
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1 tion Technology Systems’’ account: Provided, That such 

2 transfers may not result in a more than 10 percent aggre3 gate increase in the total amount made available by this 

4 Act for the ‘‘Information Technology Systems’’ account: 

5 Provided further, That, before a transfer may take place, 

6 the Secretary of Veterans Affairs shall request from the 

7 Committees on Appropriations of both Houses of Congress 

8 the authority to make the transfer and an approval is 

9 issued. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 219. Of the amounts appropriated to the De12 partment of Veterans Affairs for fiscal year 2018 for 

13 ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical 

14 Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘Con15 struction, Minor Projects’’, and ‘‘Information Technology 

16 Systems’’, up to $297,137,000, plus reimbursements, may 

17 be transferred to the Joint Department of Defense—De18 partment of Veterans Affairs Medical Facility Demonstra19 tion Fund, established by section 1704 of the National De20 fense Authorization Act for Fiscal Year 2010 (Public Law 

21 111–84; 123 Stat. 3571) and may be used for operation 

22 of the facilities designated as combined Federal medical 

23 facilities as described by section 706 of the Duncan 

24 Hunter National Defense Authorization Act for Fiscal 

25 Year 2009 (Public Law 110–417; 122 Stat. 4500): ProMarch 21, 2018 (6:08 p.m.)
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1 vided, That additional funds may be transferred from ac2 counts designated in this section to the Joint Department 

3 of Defense—Department of Veterans Affairs Medical Fa4 cility Demonstration Fund upon written notification by 

5 the Secretary of Veterans Affairs to the Committees on 

6 Appropriations of both Houses of Congress: Provided fur7 ther, That section 222 of title II of division A of Public 

8 Law 114–223 is repealed. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 220. Of the amounts appropriated to the De11 partment of Veterans Affairs which become available on 

12 October 1, 2018, for ‘‘Medical Services’’, ‘‘Medical Com13 munity Care’’, ‘‘Medical Support and Compliance’’, and 

14 ‘‘Medical Facilities’’, up to $306,378,000, plus reimburse15 ments, may be transferred to the Joint Department of De16 fense—Department of Veterans Affairs Medical Facility 

17 Demonstration Fund, established by section 1704 of the 

18 National Defense Authorization Act for Fiscal Year 2010 

19 (Public Law 111–84; 123 Stat. 3571) and may be used 

20 for operation of the facilities designated as combined Fed21 eral medical facilities as described by section 706 of the 

22 Duncan Hunter National Defense Authorization Act for 

23 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): 

24 Provided, That additional funds may be transferred from 

25 accounts designated in this section to the Joint DepartMarch 21, 2018 (6:08 p.m.)
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1 ment of Defense—Department of Veterans Affairs Med2 ical Facility Demonstration Fund upon written notifica3 tion by the Secretary of Veterans Affairs to the Commit4 tees on Appropriations of both Houses of Congress. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 221. Such sums as may be deposited to the 

7 Medical Care Collections Fund pursuant to section 1729A 

8 of title 38, United States Code, for healthcare provided 

9 at facilities designated as combined Federal medical facili10 ties as described by section 706 of the Duncan Hunter 

11 National Defense Authorization Act for Fiscal Year 2009 

12 (Public Law 110–417; 122 Stat. 4500) shall also be avail13 able: (1) for transfer to the Joint Department of De14 fense—Department of Veterans Affairs Medical Facility 

15 Demonstration Fund, established by section 1704 of the 

16 National Defense Authorization Act for Fiscal Year 2010 

17 (Public Law 111–84; 123 Stat. 3571); and (2) for oper18 ations of the facilities designated as combined Federal 

19 medical facilities as described by section 706 of the Dun20 can Hunter National Defense Authorization Act for Fiscal 

21 Year 2009 (Public Law 110–417; 122 Stat. 4500): Pro22 vided, That, notwithstanding section 1704(b)(3) of the 

23 National Defense Authorization Act for Fiscal Year 2010 

24 (Public Law 111–84; 123 Stat. 2573), amounts trans25 ferred to the Joint Department of Defense—Department 

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1 of Veterans Affairs Medical Facility Demonstration Fund 

2 shall remain available until expended. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 222. Of the amounts available in this title for 

5 ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical 

6 Support and Compliance’’, and ‘‘Medical Facilities’’, a 

7 minimum of $15,000,000 shall be transferred to the 

8 DOD–VA Health Care Sharing Incentive Fund, as au9 thorized by section 8111(d) of title 38, United States 

10 Code, to remain available until expended, for any purpose 

11 authorized by section 8111 of title 38, United States Code. 

12 SEC. 223. None of the funds available to the Depart13 ment of Veterans Affairs, in this or any other Act, may 

14 be used to replace the current system by which the Vet15 erans Integrated Service Networks select and contract for 

16 diabetes monitoring supplies and equipment. 

17 SEC. 224. The Secretary of Veterans Affairs shall no18 tify the Committees on Appropriations of both Houses of 

19 Congress of all bid savings in a major construction project 

20 that total at least $5,000,000, or 5 percent of the pro21 grammed amount of the project, whichever is less: Pro22 vided, That such notification shall occur within 14 days 

23 of a contract identifying the programmed amount: Pro24 vided further, That the Secretary shall notify the Commit25 tees on Appropriations of both Houses of Congress 14 

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1 days prior to the obligation of such bid savings and shall 

2 describe the anticipated use of such savings. 

3 SEC. 225. None of the funds made available for 

4 ‘‘Construction, Major Projects’’ may be used for a project 

5 in excess of the scope specified for that project in the origi6 nal justification data provided to the Congress as part of 

7 the request for appropriations unless the Secretary of Vet8 erans Affairs receives approval from the Committees on 

9 Appropriations of both Houses of Congress. 

10 SEC. 226. Not later than 30 days after the end of 

11 each fiscal quarter, the Secretary of Veterans Affairs shall 

12 submit to the Committees on Appropriations of both 

13 Houses of Congress a quarterly report containing perform14 ance measures and data from each Veterans Benefits Ad15 ministration Regional Office: Provided, That, at a min16 imum, the report shall include the direction contained in 

17 the section entitled ‘‘Disability claims backlog’’, under the 

18 heading ‘‘General Operating Expenses, Veterans Benefits 

19 Administration’’ in the joint explanatory statement accom20 panying Public Law 114–223: Provided further, That the 

21 report shall also include information on the number of ap22 peals pending at the Veterans Benefits Administration as 

23 well as the Board of Veterans Appeals on a quarterly 

24 basis. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 227. The Secretary of Veterans Affairs shall 

2 provide written notification to the Committees on Appro3 priations of both Houses of Congress 15 days prior to or4 ganizational changes which result in the transfer of 25 or 

5 more full-time equivalents from one organizational unit of 

6 the Department of Veterans Affairs to another. 

7 SEC. 228. The Secretary of Veterans Affairs shall 

8 provide on a quarterly basis to the Committees on Appro9 priations of both Houses of Congress notification of any 

10 single national outreach and awareness marketing cam11 paign in which obligations exceed $2,000,000. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 229. The Secretary of Veterans Affairs, upon 

14 determination that such action is necessary to address 

15 needs of the Veterans Health Administration, may trans16 fer to the ‘‘Medical Services’’ account any discretionary 

17 appropriations made available for fiscal year 2018 in this 

18 title (except appropriations made to the ‘‘General Oper19 ating Expenses, Veterans Benefits Administration’’ ac20 count) or any discretionary unobligated balances within 

21 the Department of Veterans Affairs, including those ap22 propriated for fiscal year 2018, that were provided in ad23 vance by appropriations Acts: Provided, That transfers 

24 shall be made only with the approval of the Office of Man25 agement and Budget: Provided further, That the transfer 

March 21, 2018 (6:08 p.m.)
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1 authority provided in this section is in addition to any 

2 other transfer authority provided by law: Provided further, 

3 That no amounts may be transferred from amounts that 

4 were designated by Congress as an emergency requirement 

5 pursuant to a concurrent resolution on the budget or the 

6 Balanced Budget and Emergency Deficit Control Act of 

7 1985: Provided further, That such authority to transfer 

8 may not be used unless for higher priority items, based 

9 on emergent healthcare requirements, than those for 

10 which originally appropriated and in no case where the 

11 item for which funds are requested has been denied by 

12 Congress: Provided further, That, upon determination that 

13 all or part of the funds transferred from an appropriation 

14 are not necessary, such amounts may be transferred back 

15 to that appropriation and shall be available for the same 

16 purposes as originally appropriated: Provided further, 

17 That before a transfer may take place, the Secretary of 

18 Veterans Affairs shall request from the Committees on 

19 Appropriations of both Houses of Congress the authority 

20 to make the transfer and receive approval of that request. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 230. Amounts made available for the Depart23 ment of Veterans Affairs for fiscal year 2018, under the 

24 ‘‘Board of Veterans Appeals’’ and the ‘‘General Operating 

25 Expenses, Veterans Benefits Administration’’ accounts 

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1 may be transferred between such accounts: Provided, That 

2 before a transfer may take place, the Secretary of Vet3 erans Affairs shall request from the Committees on Appro4 priations of both Houses of Congress the authority to 

5 make the transfer and receive approval of that request. 

6 SEC. 231. The Secretary of Veterans Affairs may not 

7 reprogram funds among major construction projects or 

8 programs if such instance of reprogramming will exceed 

9 $7,000,000, unless such reprogramming is approved by 

10 the Committees on Appropriations of both Houses of Con11 gress. 

12 SEC. 232. (a) The Secretary of Veterans Affairs shall 

13 ensure that the toll-free suicide hotline under section 

14 1720F(h) of title 38, United States Code— 

15 (1) provides to individuals who contact the hot16 line immediate assistance from a trained profes17 sional; and 

18 (2) adheres to all requirements of the American 

19 Association of Suicidology. 

20 (b)(1) None of the funds made available by this Act 

21 may be used to enforce or otherwise carry out any Execu22 tive action that prohibits the Secretary of Veterans Affairs 

23 from appointing an individual to occupy a vacant civil 

24 service position, or establishing a new civil service position, 

25 at the Department of Veterans Affairs with respect to 

March 21, 2018 (6:08 p.m.)
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1 such a position relating to the hotline specified in sub2 section (a). 

3 (2) In this subsection— 

4 (A) the term ‘‘civil service’’ has the meaning 

5 given such term in section 2101(1) of title 5, United 

6 States Code; and 

7 (B) the term ‘‘Executive action’’ includes— 

8 (i) any Executive order, presidential memo9 randum, or other action by the President; and 

10 (ii) any agency policy, order, or other di11 rective. 

12 SEC. 233. None of the funds in this or any other Act 

13 may be used to close Department of Veterans Affairs (VA) 

14 hospitals, domiciliaries, or clinics, conduct an environ15 mental assessment, or to diminish healthcare services at 

16 existing Veterans Health Administration medical facilities 

17 located in Veterans Integrated Service Network 23 as part 

18 of a planned realignment of VA services until the Sec19 retary provides to the Committees on Appropriations of 

20 both Houses of Congress a report including the following 

21 elements: 

22 (1) a national realignment strategy that in23 cludes a detailed description of realignment plans 

24 within each Veterans Integrated Services Network 

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1 (VISN), including an updated Long Range Capital 

2 Plan to implement realignment requirements; 

3 (2) an explanation of the process by which 

4 those plans were developed and coordinated within 

5 each VISN; 

6 (3) a cost versus benefit analysis of each 

7 planned realignment, including the cost of replacing 

8 Veterans Health Administration services with con9 tract care or other outsourced services; 

10 (4) an analysis of how any such planned re11 alignment of services will impact access to care for 

12 veterans living in rural or highly rural areas, includ13 ing travel distances and transportation costs to ac14 cess a VA medical facility and availability of local 

15 specialty and primary care; 

16 (5) an inventory of VA buildings with historic 

17 designation and the methodology used to determine 

18 the buildings’ condition and utilization; 

19 (6) a description of how any realignment will be 

20 consistent with requirements under the National 

21 Historic Preservation Act; and 

22 (7) consideration given for reuse of historic 

23 buildings within newly identified realignment re24 quirements: Provided, That, this provision shall not 

25 apply to capital projects in VISN 23, or any other 

March 21, 2018 (6:08 p.m.)
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1 VISN, which have been authorized or approved by 

2 Congress. 

3 SEC. 234. Section 8109(b) of title 38, United States 

4 Code, is amended— 

5 (1) in paragraph (2), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (3), by striking the period and 

8 inserting ‘‘; and’’; and 

9 (3) by adding at the end the following new 

10 paragraph: 

11 ‘‘(4) notwithstanding subsection (a) of section 1344 

12 of title 31, may use a passenger carrier (as such term is 

13 defined in subsection (h)(1) of such section) to transport 

14 such an employee between a parking facility and the med15 ical facility of the Department at which the employee 

16 works.’’. 

17 SEC. 235. None of the funds made available to the 

18 Secretary of Veterans Affairs by this or any other Act may 

19 be obligated or expended in contravention of the ‘‘Veterans 

20 Health Administration Clinical Preventive Services Guid21 ance Statement on the Veterans Health Administration’s 

22 Screening for Breast Cancer Guidance’’ published on May 

23 10, 2017, as issued by the Veterans Health Administra24 tion National Center for Health Promotion and Disease 

25 Prevention. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 236. (a) Notwithstanding any other provision 

2 of law, the amounts appropriated or otherwise made avail3 able to the Department of Veterans Affairs for the ‘‘Med4 ical Services’’ account may be used to provide— 

5 (1) fertility counseling and treatment using as6 sisted reproductive technology to a covered veteran 

7 or the spouse of a covered veteran; or 

8 (2) adoption reimbursement to a covered vet9 eran. 

10 (b) In this section: 

11 (1) The term ‘‘service-connected’’ has the 

12 meaning given such term in section 101 of title 38, 

13 United States Code. 

14 (2) The term ‘‘covered veteran’’ means a vet15 eran, as such term is defined in section 101 of title 

16 38, United States Code, who has a service-connected 

17 disability that results in the inability of the veteran 

18 to procreate without the use of fertility treatment. 

19 (3) The term ‘‘assisted reproductive tech20 nology’’ means benefits relating to reproductive as21 sistance provided to a member of the Armed Forces 

22 who incurs a serious injury or illness on active duty 

23 pursuant to section 1074(c)(4)(A) of title 10, United 

24 States Code, as described in the memorandum on 

25 the subject of ‘‘Policy for Assisted Reproductive 

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1 Services for the Benefit of Seriously or Severely Ill/ 

2 Injured (Category II or III) Active Duty Service 

3 Members’’ issued by the Assistant Secretary of De4 fense for Health Affairs on April 3, 2012, and the 

5 guidance issued to implement such policy, including 

6 any limitations on the amount of such benefits avail7 able to such a member except that— 

8 (A) the time periods regarding embryo 

9 cryopreservation and storage set forth in part 

10 III(G) and in part IV(H) of such memorandum 

11 shall not apply; and 

12 (B) such term includes embryo 

13 cryopreservation and storage without limitation 

14 on the duration of such cryopreservation and 

15 storage. 

16 (4) The term ‘‘adoption reimbursement’’ means 

17 reimbursement for the adoption-related expenses for 

18 an adoption that is finalized after the date of the en19 actment of this Act under the same terms as apply 

20 under the adoption reimbursement program of the 

21 Department of Defense, as authorized in Depart22 ment of Defense Instruction 1341.09, including the 

23 reimbursement limits and requirements set forth in 

24 such instruction. 

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1 (c) Amounts made available for the purposes speci2 fied in subsection (a) of this section are subject to the 

3 requirements for funds contained in section 508 of division 

4 H of the Consolidated Appropriations Act, 2017 (Public 

5 Law 115–31). 

6 (RESCISSION OF FUNDS)

7 SEC. 237. Of the unobligated balance of funds made 

8 available in the sixth proviso under the heading ‘‘Depart9 ment of Veterans Affairs—Veterans Health Administra10 tion—Medical Services’’ in title II of Division J of the 

11 Consolidated Appropriations Act, 2016 (Public Law 114– 

12 113), $751,000,000 is hereby rescinded. 

13 SEC. 238. None of the funds appropriated or other14 wise made available by this Act or any other Act for the 

15 Department of Veterans Affairs may be used in a manner 

16 that is inconsistent with: (1) section 842 of the Transpor17 tation, Treasury, Housing and Urban Development, the 

18 Judiciary, the District of Columbia, and Independent 

19 Agencies Appropriations Act, 2006 (Public Law 109–115; 

20 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, 

21 United States Code. 

22 SEC. 239. Section 842 of Public Law 109–115 shall 

23 not apply to conversion of an activity or function of the 

24 Veterans Health Administration, Veterans Benefits Ad25 ministration, or National Cemetery Administration to conMarch 21, 2018 (6:08 p.m.)
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1 tractor performance by a business concern that is at least 

2 51 percent owned by one or more Indian tribes as defined 

3 in section 5304(e) of title 25, United States Code, or one 

4 or more Native Hawaiian Organizations as defined in sec5 tion 637(a)(15) of title 15, United States Code. 

6 SEC. 240. (a) Except as provided in subsection (b), 

7 the Secretary of Veterans Affairs, in consultation with the 

8 Secretary of Defense and the Secretary of Labor, shall dis9 continue using Social Security account numbers to identify 

10 individuals in all information systems of the Department 

11 of Veterans Affairs as follows: 

12 (1) For all veterans submitting to the Secretary 

13 of Veterans Affairs new claims for benefits under 

14 laws administered by the Secretary, not later than 5 

15 years after the date of the enactment of this Act. 

16 (2) For all individuals not described in para17 graph (1), not later than 8 years after the date of 

18 the enactment of this Act. 

19 (b) The Secretary of Veterans Affairs may use a So20 cial Security account number to identify an individual in 

21 an information system of the Department of Veterans Af22 fairs if and only if the use of such number is required 

23 to obtain information the Secretary requires from an in24 formation system that is not under the jurisdiction of the 

25 Secretary. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 241. For funds provided to the Department of 

2 Veterans Affairs for each of fiscal year 2018 and 2019 

3 for ‘‘Medical Services’’, section 239 of Division A of Public 

4 Law 114–223 shall apply. 

5 SEC. 242. None of the funds appropriated in this or 

6 prior appropriations Acts or otherwise made available to 

7 the Department of Veterans Affairs may be used to trans8 fer any amounts from the Filipino Veterans Equity Com9 pensation Fund to any other account within the Depart10 ment of Veterans Affairs. 

11 (RESCISSIONS OF FUNDS)

12 SEC. 243. (a) Of the unobligated balance of funds 

13 made available through September 30, 2018, under the 

14 heading ‘‘Construction, Major Projects’’ in division J of 

15 the Consolidated Appropriations Act, 2014 (Public Law 

16 113–76), $10,000,000 is hereby rescinded. 

17 (b) For an additional amount for ‘‘Construction, 

18 Major Projects’’, $10,000,000, to remain available until 

19 September 30, 2023. 

20 (c) Of the unobligated balance of funds made avail21 able through September 30, 2019, under the heading 

22 ‘‘Construction, Major Projects’’ in division I of the Con23 solidated and Further Continuing Appropriations Act, 

24 2015 (Public Law 113–235), $410,000,000 is hereby re25 scinded. 

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1 (d) For an additional amount for ‘‘Construction, 

2 Major Projects’’, $410,000,000, to remain available until 

3 September 30, 2024. 

4 SEC. 244. Of the funds provided to the Department 

5 of Veterans Affairs for each of fiscal year 2018 and fiscal 

6 year 2019 for ‘‘Medical Services’’, funds may be used in 

7 each year to carry out and expand the child care program 

8 authorized by section 205 of Public Law 111–163, not9 withstanding subsection (e) of such section. 

10 SEC. 245. (a) Section 204(c) of the Department of 

11 Veterans Affairs Health Care Programs Enhancement Act 

12 of 2001 (Public Law 107–135; 38 U.S.C. 1710 note) is 

13 amended— 

14 (1) by inserting ‘‘(1)’’ before ‘‘The program’’; 

15 and 

16 (2) by adding at the end the following new 

17 paragraph: 

18 ‘‘(2) The program shall be carried out at not 

19 fewer than two medical centers or clinics in each 

20 Veterans Integrated Service Network by not later 

21 than December 31, 2019, and at not fewer than 50 

22 percent of all medical centers in each Veterans Inte23 grated Service Network by not later than December 

24 31, 2021.’’. 

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1 (b)(1) Paragraph (6) of section 1701 of title 38, 

2 United States Code, is amended by adding at the end the 

3 following new subparagraph: 

4 ‘‘(H) Chiropractic services.’’. 

5 (2) Paragraph (8) of such section is amended by in6 serting ‘‘chiropractic,’’ after ‘‘counseling,’’. 

7 (3) Paragraph (9) of such section is amended— 

8 (A) by redesignating subparagraphs (F) 

9 through (K) as subparagraphs (G) through (L), re10 spectively; and 

11 (B) by inserting after subparagraph (E) the fol12 lowing new subparagraph (F): 

13 ‘‘(F) chiropractic examinations and serv14 ices;’’. 

15 SEC. 246. (a) PILOT PROGRAM.—The Secretary of 

16 Veterans Affairs shall carry out a pilot program to provide 

17 educational assistance to certain former members of the 

18 Armed Forces for education and training as physician as19 sistants of the Department of Veterans Affairs. 

20 (b) ELIGIBLE INDIVIDUALS.—An individual is eligi21 ble to participate in the pilot program if the individual— 

22 (1) has medical or military health experience 

23 gained while serving as a member of the Armed 

24 Forces; 

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1 (2) has received a certificate, associate degree, 

2 baccalaureate degree, master’s degree, or 

3 postbaccalaureate training in a science relating to 

4 health care; or 

5 (3) has participated in the delivery of 

6 healthcare services or related medical services, in7 cluding participation in military training relating to 

8 the identification, evaluation, treatment, and preven9 tion of diseases and disorders. 

10 (c) DURATION.—The pilot program shall be carried 

11 out during the 5-year period beginning on the date that 

12 is 180 days after the date of the enactment of this Act. 

13 (d) SELECTION.— 

14 (1) The Secretary shall select eligible individ15 uals under subsection (b) to participate in the pilot 

16 program. 

17 (2) In selecting individuals to participate in the 

18 pilot program under paragraph (1), the Secretary 

19 shall give priority to individuals who agree to be em20 ployed as a physician assistant for the Veterans 

21 Health Administration at a medical facility of the 

22 Department located in a community that— 

23 (A) is designated as a medically under24 served population under section 330(b)(3)(A) of 

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1 the Public Health Service Act (42 U.S.C. 

2 254b(b)(3)(A)); and 

3 (B) is in a State with a per capita popu4 lation of veterans of more than 5 percent ac5 cording to the National Center for Veterans 

6 Analysis and Statistics and the United States 

7 Census Bureau. 

8 (e) EDUCATIONAL ASSISTANCE.—In carrying out the 

9 pilot program, the Secretary shall provide educational as10 sistance to individuals participating in the pilot program, 

11 including through the use of scholarships, to cover the 

12 costs to such individuals of obtaining a master’s degree 

13 in physician assistant studies or a similar master’s degree. 

14 (f) PERIOD OF OBLIGATED SERVICE.—The Secretary 

15 shall enter into an agreement with each individual partici16 pating in the pilot program in which such individual 

17 agrees to be employed as a physician assistant for the Vet18 erans Health Administration for a period of obligated 

19 service to be determined by the Secretary. 

20 (g) BREACH.—An individual who participates in the 

21 pilot program and fails to satisfy the period of obligated 

22 service under subsection (f) shall be liable to the United 

23 States, in lieu of such obligated service, for the amount 

24 that has been paid or is payable to or on behalf of the 

25 individual under the pilot program, reduced by the proporMarch 21, 2018 (6:08 p.m.)
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1 tion that the number of days served for completion of the 

2 period of obligated service bears to the total number of 

3 days in the period of obligated service of such individual. 

4 (h) REPORT.—Not later than one year after the date 

5 of the enactment of this Act, the Secretary of Veterans 

6 Affairs, in collaboration with the Secretary of Labor, the 

7 Secretary of Defense, and the Secretary of Health and 

8 Human Services, shall submit to Congress a report on the 

9 pilot program’s effectiveness of helping to meet the short10 age of physician assistants employed by the Department. 

11 SEC. 247. For funds provided to the Department of 

12 Veterans Affairs for each of fiscal year 2018 and 2019, 

13 section 248 of Division A of Public Law 114–223 shall 

14 apply. 

15 SEC. 248. (a) The Secretary of Veterans Affairs may 

16 use amounts appropriated or otherwise made available in 

17 this title to ensure that the ratio of veterans to full-time 

18 employment equivalents within any program of rehabilita19 tion conducted under chapter 31 of title 38, United States 

20 Code, does not exceed 125 veterans to one full-time em21 ployment equivalent. 

22 (b) Not later than 180 days after the date of the en23 actment of this Act, the Secretary shall submit to Con24 gress a report on the programs of rehabilitation conducted 

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1 under chapter 31 of title 38, United States Code, includ2 ing— 

3 (1) an assessment of the veteran-to-staff ratio 

4 for each such program; and 

5 (2) recommendations for such action as the 

6 Secretary considers necessary to reduce the veteran7 to-staff ratio for each such program. 

8 SEC. 249. None of the funds appropriated or other9 wise made available in this title may be used by the Sec10 retary of Veterans Affairs to enter into an agreement re11 lated to resolving a dispute or claim with an individual 

12 that would restrict in any way the individual from speak13 ing to members of Congress or their staff on any topic 

14 not otherwise prohibited from disclosure by Federal law 

15 or required by Executive Order to be kept secret in the 

16 interest of national defense or the conduct of foreign af17 fairs. 

18 SEC. 250. For funds provided to the Department of 

19 Veterans Affairs for each of fiscal year 2018 and 2019, 

20 section 258 of Division A of Public Law 114–223 shall 

21 apply. 

22 SEC. 251. (a) IN GENERAL.—Section 2402(a) of title 

23 38, United States Code, is amended by adding at the end 

24 the following new paragraph: 

25 ‘‘(10) Any individual— 

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1 ‘‘(A) who— 

2 ‘‘(i) was naturalized pursuant to sec3 tion 2(1) of the Hmong Veterans’ Natu4 ralization Act of 2000 (Public Law 106– 

5 207; 8 U.S.C. 1423 note); and 

6 ‘‘(ii) at the time of the individual’s 

7 death resided in the United States.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall apply with respect to an individual 

10 dying on or after the date of the enactment of this Act. 

11 SEC. 252. The Secretary may carry out a 2-year pilot 

12 program making grants to nonprofit veterans services or13 ganizations recognized by the Secretary in accordance 

14 with section 5902 of title 38, United States Code, to up15 grade, through construction and repair, VSO community 

16 facilities into health and wellness centers and to promote 

17 and expand complementary and integrative wellness pro18 grams: Provided, That no single grant may exceed a total 

19 of $500,000: Provided further, That the Secretary may not 

20 provide more than 20 grants during the 2-year pilot pro21 gram: Provided further, That the recipient of a grant 

22 under this section may not use the grant to purchase real 

23 estate or to carry out repair of facilities leased by the re24 cipient or to construct facilities on property leased by the 

25 recipient: Provided further, That the Secretary ensures 

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1 that the grant recipients use grant funds to construct or 

2 repair facilities located in at least 10 different geographic 

3 locations in economically depressed areas or areas des4 ignated as highly rural that are not in close proximity to 

5 Department of Veterans Affairs medical centers: Provided 

6 further, That the Secretary shall report to the Committees 

7 on Appropriations of both Houses of Congress no later 

8 than 180 days after enactment of this Act, on the grant 

9 program established under this section. 

10 SEC. 253. None of the funds appropriated in this or 

11 any other Act for ‘‘Grants for Construction of State Ex12 tended Care Facilities’’ may be used to award grants for 

13 applications included in priority one of the priority list for 

14 the first time which have been assigned a higher priority 

15 ranking for fiscal year 2018 than unfunded applications 

16 which met the eligibility requirements defined in section 

17 8135(c) of title 38, United States Code, in fiscal year 

18 2017 and continue to meet those requirements in fiscal 

19 year 2018: Provided, That the Secretary may award 

20 grants for new applications in fiscal year 2018 for projects 

21 that did not meet eligibility requirements defined in sec22 tion 8135(c) of title 38, United States Code, in fiscal year 

23 2017 only after applications which met priority one eligi24 bility requirements in fiscal year 2017 and continue to 

25 meet those requirements defined in section 8135(c) of title 

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1 38, United States Code, have been funded: Provided fur2 ther, That nothing in this section shall preclude the Sec3 retary from assigning a higher priority ranking or funding 

4 a grant application to correct conditions that threaten the 

5 life or safety of patients which meet the criteria laid out 

6 in section 8135(c) of title 38, United States Code. 

7 SEC. 254. None of the funds appropriated or other8 wise made available by this Act may be used to conduct 

9 research using canines unless: the scientific objectives of 

10 the study can only be met by research with canines; the 

11 study has been directly approved by the Secretary; and 

12 the study is consistent with the revised Department of 

13 Veterans Affairs canine research policy document released 

14 on December 18, 2017: Provided, That not later than 180 

15 days after enactment of this Act, the Secretary shall sub16 mit to the Committees on Appropriations of both Houses 

17 of Congress a detailed report outlining under what cir18 cumstances canine research may be needed if there are 

19 no other alternatives, how often it was used during that 

20 time period, and what protocols are in place to determine 

21 both the safety and efficacy of the research. 

22 SEC. 255. For an additional amount for the Depart23 ment of Veterans Affairs, $2,000,000,000 to remain avail24 able until expended, for infrastructure improvements, in25 cluding new construction, and in addition to amounts othMarch 21, 2018 (6:08 p.m.)
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1 erwise made available in this act for such purpose, of 

2 which: 

3 (1) $1,000,000,000 shall be for ‘‘Veterans 

4 Health Administration—Medical Facilities’’ to be 

5 used for non-recurring maintenance; 

6 (2) $425,000,000 shall be for ‘‘Departmental 

7 Administration—Construction, Minor Projects’’; 

8 and, 

9 (3) $575,000,000 shall be for ‘‘Departmental 

10 Administration—Grants for Construction of State 

11 Extended Care Facilities’’; 

12 Provided, That the additional amounts appropriated for 

13 the purposes of non-recurring maintenance and minor con14 struction may be used to carry out critical life-safety 

15 projects identified in the Department’s annual facility con16 dition assessments; sustainment projects; modernization 

17 projects; infrastructure repair; renovations at existing Vet18 erans Health Administration medical centers and out19 patient clinics; and projects included in the Strategic Cap20 ital Investment Process plan: Provided further, That the 

21 additional amounts appropriated under this section may 

22 not be obligated or expended until the Secretary of Vet23 erans Affairs submits to the Committees on Appropria24 tions of both Houses of Congress, and such Committees 

25 approve, a detailed expenditure plan, including project deMarch 21, 2018 (6:08 p.m.)
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1 scriptions and costs, for any non-recurring maintenance, 

2 minor construction or State extended care facility project 

3 being funded with the additional amounts made available 

4 in this administrative provision. 

5 SEC. 256. Subsection (d) of section 504 of the Vet6 erans’ Benefits Improvement Act of 1996 (Public Law 

7 104–275; 38 U.S.C. 5101 note), as amended, is further 

8 amended to read as follows: 

9 ‘‘(c) SOURCE OF FUNDS.—Expenses of carrying out 

10 the pilot program under this section, including payments 

11 for pilot program examination travel and incidental ex12 penses under the terms and conditions set forth by 38 

13 U.S.C. 111, shall be reimbursed to the accounts available 

14 for the general operating expenses of the Veterans Bene15 fits Administration and information technology systems 

16 from amounts available to the Secretary of Veterans Af17 fairs for payment of compensation and pensions.’’. 

18 SEC. 257. None of the funds made available by this 

19 Act may be used to charge a veteran a fee for a veterans 

20 identification card pursuant to section 5706(c) of title 38, 

21 United States Code. 

22 SEC. 258. (a) IN GENERAL.—Subchapter II of chap23 ter 17 of title 38, United States Code, is amended by add24 ing at the end the following new section: 

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1 ‘‘§ 1712I. Mental and behavioral health care for cer2 tain former members of the Armed 

3 Forces 

4 ‘‘(a) IN GENERAL.—The Secretary shall furnish to 

5 former members of the Armed Forces described in sub6 section (b)— 

7 ‘‘(1) an initial mental health assessment; and 

8 ‘‘(2) the mental healthcare or behavioral 

9 healthcare services authorized under this chapter 

10 that are required to treat the mental or behavioral 

11 health care needs of the former service members, in12 cluding risk of suicide or harming others. 

13 ‘‘(b) ELIGIBLE INDIVIDUALS.—A former member of 

14 the Armed Forces described in this subsection is an indi15 vidual who— 

16 ‘‘(1) is a former member of the Armed Forces, 

17 including the reserve components; 

18 ‘‘(2) while serving in the active military, naval, 

19 or air service, was discharged or released therefrom 

20 under a condition that is not honorable but not— 

21 ‘‘(A) a dishonorable discharge; or 

22 ‘‘(B) a discharge by court-martial; 

23 ‘‘(3) is not otherwise eligible to enroll in the 

24 health care system established by section 1705 of 

25 this title; and 

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1 ‘‘(4)(A)(i) served in the Armed Forces for a pe2 riod of more than 100 cumulative days; and 

3 ‘‘(ii) was deployed in a theater of combat oper4 ations, in support of a contingency operation, or in 

5 an area at a time during which hostilities are occur6 ring in that area during such service, including by 

7 controlling an unmanned aerial vehicle from a loca8 tion other than such theater or area; or 

9 ‘‘(B) while serving in the Armed Forces, was 

10 the victim of a physical assault of a sexual nature, 

11 a battery of a sexual nature, or sexual harassment 

12 (as defined in section 1720D(f) of this title). 

13 ‘‘(c) NON-DEPARTMENT CARE.—(1) In furnishing 

14 mental or behavioral health care services to an individual 

15 under this section, the Secretary may provide such mental 

16 or behavioral health care services at a non-Department fa17 cility if— 

18 ‘‘(A) in the judgment of a mental health profes19 sional employed by the Department, the receipt of 

20 mental or behavioral health care services by that in21 dividual in facilities of the Department would be 

22 clinically inadvisable; or 

23 ‘‘(B) facilities of the Department are not capa24 ble of furnishing such mental or behavioral health 

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1 care services to that individual economically because 

2 of geographical inaccessibility. 

3 ‘‘(2) The Secretary shall carry out paragraph (1) pur4 suant to section 1703 of this title or any other provision 

5 of law authorizing the Secretary to enter into contracts 

6 or agreements to furnish hospital care and medical serv7 ices to veterans at non-Department facilities. 

8 ‘‘(d) SETTING AND REFERRALS.—In furnishing men9 tal and behavioral health care services to individuals under 

10 this section, the Secretary shall— 

11 ‘‘(1) seek to ensure that such services are fur12 nished in settings that are therapeutically appro13 priate, taking into account the circumstances that 

14 resulted in the need for such services; and 

15 ‘‘(2) provide referral services to assist former 

16 members who are not eligible for services under this 

17 chapter to obtain services from sources outside the 

18 Department. 

19 ‘‘(e) INFORMATION.—The Secretary shall provide in20 formation on the mental and behavioral health care serv21 ices available under this section. Efforts by the Secretary 

22 to provide such information— 

23 ‘‘(1) shall include notification of each eligible 

24 individual described in subsection (b) about the eligi25 bility of the individual for covered mental and behavMarch 21, 2018 (6:08 p.m.)
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1 ioral health care under this section not later than 

2 the later of— 

3 ‘‘(A) 180 days after the date of the enact4 ment of the Military Construction, Veterans Af5 fairs, and Related Agencies Appropriations Act, 

6 2018; or 

7 ‘‘(B) 180 days after the date on which the 

8 individual was discharged or released from the 

9 active military, naval, or air service; 

10 ‘‘(2) shall include availability of a toll-free tele11 phone number (commonly referred to as an 800 

12 number); 

13 ‘‘(3) shall ensure that information about the 

14 mental health care services available under this sec15 tion— 

16 ‘‘(A) is revised and updated as appro17 priate; 

18 ‘‘(B) is made available and visibly posted 

19 at appropriate facilities of the Department; and 

20 ‘‘(C) is made available to State veteran 

21 agencies and through appropriate public infor22 mation services; and 

23 ‘‘(4) shall include coordination with the Sec24 retary of Defense seeking to ensure that members of 

25 the Armed Forces and individuals who are being 

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1 separated from active military, naval, or air service 

2 are provided appropriate information about pro3 grams, requirements, and procedures for applying 

4 for mental health care services under this section. 

5 ‘‘(f) ANNUAL REPORTS.—(1) Not less frequently 

6 than once each year, the Secretary shall submit to the 

7 Committee on Veterans’ Affairs of the Senate and the 

8 Committee on Veterans’ Affairs of the House of Rep9 resentatives a report on the mental and behavioral health 

10 care services provided under this section. 

11 ‘‘(2) Each report submitted under paragraph (1) 

12 shall include, with respect to the year preceding the sub13 mittal of the report, the following: 

14 ‘‘(A) The number of eligible individuals who 

15 were furnished mental or behavioral health care 

16 services under this section, disaggregated by the 

17 number of men who received such services and the 

18 number of women who received such services. 

19 ‘‘(B) The number of individuals who requested 

20 an initial mental health assessment under subsection 

21 (a)(1). 

22 ‘‘(C) Such other information as the Secretary 

23 considers appropriate.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of chapter 17 of title 38, United States 

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1 Code, is amended by inserting after the item relating to 

2 section 1720H the following new item: 

‘‘1720I. Mental and behavioral health care for certain former members of the 

Armed Forces.’’. 

3 SEC. 259. (a) IN GENERAL.—Chapter 53 of title 38, 

4 United States Code, is amended by inserting after section 

5 5303A the following new section: 

6 ‘‘§ 5303B. Character of service determinations 

7 ‘‘(a) DETERMINATION.—The Secretary shall estab8 lish a process by which an individual who served in the 

9 Armed Forces and was discharged or dismissed therefrom 

10 may seek a determination from the Secretary with respect 

11 to whether such discharge or release was under a condition 

12 that bars the right of such individual to a benefit under 

13 the laws administered by the Secretary based upon the pe14 riod of service from which discharged or dismissed. 

15 ‘‘(b) PROVISION OF INFORMATION.—If the Secretary 

16 determines under subsection (a) that an individual is 

17 barred to a benefit under the laws administered by the 

18 Secretary, the Secretary shall provide to such individual 

19 information regarding the ability of the individual to ad20 dress such condition, including pursuant to section 5303 

21 of this title and chapter 79 of title 10.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by inserting 

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1 after the item relating to section 5303A the following new 

2 item: 

‘‘5303B. Character of service determinations.’’. 

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1 TITLE III 

2 RELATED AGENCIES 

3 AMERICAN BATTLE MONUMENTS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for, 

6 of the American Battle Monuments Commission, including 

7 the acquisition of land or interest in land in foreign coun8 tries; purchases and repair of uniforms for caretakers of 

9 national cemeteries and monuments outside of the United 

10 States and its territories and possessions; rent of office 

11 and garage space in foreign countries; purchase (one-for12 one replacement basis only) and hire of passenger motor 

13 vehicles; not to exceed $42,000 for official reception and 

14 representation expenses; and insurance of official motor 

15 vehicles in foreign countries, when required by law of such 

16 countries, $79,000,000, to remain available until ex17 pended. 

18 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

19 For necessary expenses, not otherwise provided for, 

20 of the American Battle Monuments Commission, such 

21 sums as may be necessary, to remain available until ex22 pended, for purposes authorized by section 2109 of title 

23 36, United States Code. 

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1 UNITED STATES COURT OF APPEALS FOR VETERANS

2 CLAIMS

3 SALARIES AND EXPENSES

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses for the operation of the 

6 United States Court of Appeals for Veterans Claims as 

7 authorized by sections 7251 through 7298 of title 38, 

8 United States Code, $33,600,000: Provided, That, of the 

9 amount, up to $800,000 may be transferred to the Gen10 eral Services Administration for planning and design of 

11 a courthouse, to include a feasibility study: Provided fur12 ther, That $2,580,000 shall be available for the purpose 

13 of providing financial assistance as described and in ac14 cordance with the process and reporting procedures set 

15 forth under this heading in Public Law 102–229. 

16 DEPARTMENT OF DEFENSE—CIVIL

17 CEMETERIAL EXPENSES, ARMY

18 SALARIES AND EXPENSES

19 For necessary expenses for maintenance, operation, 

20 and improvement of Arlington National Cemetery and Sol21 diers’ and Airmen’s Home National Cemetery, including 

22 the purchase or lease of passenger motor vehicles for re23 placement on a one-for-one basis only, and not to exceed 

24 $2,000 for official reception and representation expenses, 

25 $80,800,000, of which not to exceed $15,000,000 shall reMarch 21, 2018 (6:08 p.m.)
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1 main available until September 30, 2020. In addition, 

2 such sums as may be necessary for parking maintenance, 

3 repairs and replacement, to be derived from the ‘‘Lease 

4 of Department of Defense Real Property for Defense 

5 Agencies’’ account. 

6 CONSTRUCTION

7 For necessary expenses for planning and design and 

8 construction at Arlington National Cemetery and Soldiers’ 

9 and Airmen’s Home National Cemetery, $167,000,000, to 

10 remain available until expended, for planning and design 

11 and construction associated with the Southern Expansion 

12 project at Arlington National Cemetery. 

13 ARMED FORCES RETIREMENT HOME

14 TRUST FUND

15 For expenses necessary for the Armed Forces Retire16 ment Home to operate and maintain the Armed Forces 

17 Retirement Home—Washington, District of Columbia, 

18 and the Armed Forces Retirement Home—Gulfport, Mis19 sissippi, to be paid from funds available in the Armed 

20 Forces Retirement Home Trust Fund, $64,300,000, of 

21 which $1,000,000 shall remain available until expended 

22 for construction and renovation of the physical plants at 

23 the Armed Forces Retirement Home—Washington, Dis24 trict of Columbia, and the Armed Forces Retirement 

25 Home—Gulfport, Mississippi: Provided, That of the 

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1 amounts made available under this heading from funds 

2 available in the Armed Forces Retirement Home Trust 

3 Fund, $22,000,000 shall be paid from the general fund 

4 of the Treasury to the Trust Fund. 

5 ADMINISTRATIVE PROVISIONS

6 SEC. 301. Funds appropriated in this Act under the 

7 heading ‘‘Department of Defense—Civil, Cemeterial Ex8 penses, Army’’, may be provided to Arlington County, Vir9 ginia, for the relocation of the federally owned water main 

10 at Arlington National Cemetery, making additional land 

11 available for ground burials. 

12 SEC. 302. Amounts deposited into the special account 

13 established under 10 U.S.C. 4727 are appropriated and 

14 shall be available until expended to support activities at 

15 the Army National Military Cemeteries. 

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1 TITLE IV 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 DEPARTMENT OF DEFENSE 

4 MILITARY CONSTRUCTION, ARMY

5 For an additional amount for ‘‘Military Construction, 

6 Army’’, $146,100,000, to remain available until Sep7 tember 30, 2022, for projects outside of the United States: 

8 Provided, That such amount is designated by the Congress 

9 for Overseas Contingency Operations/Global War on Ter10 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

13 For an additional amount for ‘‘Military Construction, 

14 Navy and Marine Corps’’, $33,248,000, to remain avail15 able until September 30, 2022, for projects outside of the 

16 United States: Provided, That such amount is designated 

17 by the Congress for Overseas Contingency Operations/ 

18 Global War on Terrorism pursuant to section 

19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 MILITARY CONSTRUCTION, AIR FORCE

22 For an additional amount for ‘‘Military Construction, 

23 Air Force’’ $546,352,000, to remain available until Sep24 tember 30, 2022, for projects outside of the United States: 

25 Provided, That such amount is designated by the Congress 

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1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 MILITARY CONSTRUCTION, DEFENSE-WIDE

5 For an additional amount for ‘‘Military Construction, 

6 Defense-Wide’’, $24,300,000, to remain available until 

7 September 30, 2022, for projects outside of the United 

8 States: Provided, That such amount is designated by the 

9 Congress for Overseas Contingency Operations/Global 

10 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

11 the Balanced Budget and Emergency Deficit Control Act 

12 of 1985. 

13 ADMINISTRATIVE PROVISIONS

14 SEC. 401. Each amount designated in this Act by the 

15 Congress for Overseas Contingency Operations/Global 

16 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

17 the Balanced Budget and Emergency Deficit Control Act 

18 of 1985 shall be available only if the President subse19 quently so designates all such amounts and transmits such 

20 designations to the Congress. 

21 SEC. 402. Notwithstanding any other provision of 

22 law, the Secretary of Defense is directed to provide the 

23 congressional defense committees a future years defense 

24 program for funds appropriated to the Department of De25 fense for construction projects related to European ReasMarch 21, 2018 (6:08 p.m.)
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1 surance Initiative and European Deterrence Initiative be2 ginning in fiscal year 2018 and each subsequent fiscal 

3 year that funding is requested for either initiative. Fur4 ther, the Secretary of Defense is directed to submit the 

5 future years defense program with each fiscal year budget 

6 submission. 

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1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 502. None of the funds made available in this 

7 Act may be used for any program, project, or activity, 

8 when it is made known to the Federal entity or official 

9 to which the funds are made available that the program, 

10 project, or activity is not in compliance with any Federal 

11 law relating to risk assessment, the protection of private 

12 property rights, or unfunded mandates. 

13 SEC. 503. All departments and agencies funded under 

14 this Act are encouraged, within the limits of the existing 

15 statutory authorities and funding, to expand their use of 

16 ‘‘E–Commerce’’ technologies and procedures in the con17 duct of their business practices and public service activi18 ties. 

19 SEC. 504. Unless stated otherwise, all reports and no20 tifications required by this Act shall be submitted to the 

21 Subcommittee on Military Construction and Veterans Af22 fairs, and Related Agencies of the Committee on Appro23 priations of the House of Representatives and the Sub24 committee on Military Construction and Veterans Affairs, 

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1 and Related Agencies of the Committee on Appropriations 

2 of the Senate. 

3 SEC. 505. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government except 

6 pursuant to a transfer made by, or transfer authority pro7 vided in, this or any other appropriations Act. 

8 SEC. 506. None of the funds made available in this 

9 Act may be used for a project or program named for an 

10 individual serving as a Member, Delegate, or Resident 

11 Commissioner of the United States House of Representa12 tives. 

13 SEC. 507. (a) Any agency receiving funds made avail14 able in this Act, shall, subject to subsections (b) and (c), 

15 post on the public Web site of that agency any report re16 quired to be submitted by the Congress in this or any 

17 other Act, upon the determination by the head of the agen18 cy that it shall serve the national interest. 

19 (b) Subsection (a) shall not apply to a report if— 

20 (1) the public posting of the report com21 promises national security; or 

22 (2) the report contains confidential or propri23 etary information. 

24 (c) The head of the agency posting such report shall 

25 do so only after such report has been made available to 

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1 the requesting Committee or Committees of Congress for 

2 no less than 45 days. 

3 SEC. 508. (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. 509. None of the funds made available in this 

12 Act may be used by an agency of the executive branch 

13 to pay for first-class travel by an employee of the agency 

14 in contravention of sections 301–10.122 through 301– 

15 10.124 of title 41, Code of Federal Regulations. 

16 SEC. 510. None of the funds made available in this 

17 Act may be used to execute a contract for goods or serv18 ices, including construction services, where the contractor 

19 has not complied with Executive Order No. 12989. 

20 SEC. 511. None of the funds made available by this 

21 Act may be used by the Department of Defense or the 

22 Department of Veterans Affairs to lease or purchase new 

23 light duty vehicles for any executive fleet, or for an agen24 cy’s fleet inventory, except in accordance with Presidential 

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1 Memorandum—Federal Fleet Performance, dated May 

2 24, 2011. 

3 SEC. 512. (a) IN GENERAL.—None of the funds ap4 propriated or otherwise made available to the Department 

5 of Defense in this Act may be used to construct, renovate, 

6 or expand any facility in the United States, its territories, 

7 or possessions to house any individual detained at United 

8 States Naval Station, Guanta ́namo Bay, Cuba, for the 

9 purposes of detention or imprisonment in the custody or 

10 under the control of the Department of Defense. 

11 (b) The prohibition in subsection (a) shall not apply 

12 to any modification of facilities at United States Naval 

13 Station, Guanta ́namo Bay, Cuba. 

14 (c) An individual described in this subsection is any 

15 individual who, as of June 24, 2009, is located at United 

16 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

17 (1) is not a citizen of the United States or a 

18 member of the Armed Forces of the United States; 

19 and 

20 (2) is— 

21 (A) in the custody or under the effective 

22 control of the Department of Defense; or 

23 (B) otherwise under detention at United 

24 States Naval Station, Guanta ́namo Bay, Cuba. 

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1 This division may be cited as the ‘‘Military Construc2 tion, Veterans Affairs, and Related Agencies Appropria3 tions Act, 2018’’. 

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1 DIVISION K—DEPARTMENT OF STATE, 

2 FOREIGN OPERATIONS, AND RELATED 

3 PROGRAMS APPROPRIATIONS ACT, 

4 2018 

5 TITLE I 

6 DEPARTMENT OF STATE AND RELATED 

7 AGENCY 

8 DEPARTMENT OF STATE 

9 ADMINISTRATION OF FOREIGN AFFAIRS

10 DIPLOMATIC AND CONSULAR PROGRAMS

11 For necessary expenses of the Department of State 

12 and the Foreign Service not otherwise provided for, 

13 $5,744,440,000, of which up to $654,553,000 may remain 

14 available until September 30, 2019, and of which up to 

15 $1,380,752,000 may remain available until expended for 

16 Worldwide Security Protection: Provided, That funds 

17 made available under this heading shall be allocated in ac18 cordance with paragraphs (1) through (4) as follows: 

19 (1) HUMAN RESOURCES.—For necessary ex20 penses for training, human resources management, 

21 and salaries, including employment without regard 

22 to civil service and classification laws of persons on 

23 a temporary basis (not to exceed $700,000), as au24 thorized by section 801 of the United States Infor25 mation and Educational Exchange Act of 1948, 

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1 $2,770,673,000, of which up to $476,879,000 is for 

2 Worldwide Security Protection. 

3 (2) OVERSEAS PROGRAMS.—For necessary ex4 penses for the regional bureaus of the Department 

5 of State and overseas activities as authorized by law, 

6 $1,253,799,000. 

7 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

8 necessary expenses for the functional bureaus of the 

9 Department of State, including representation to 

10 certain international organizations in which the 

11 United States participates pursuant to treaties rati12 fied pursuant to the advice and consent of the Sen13 ate or specific Acts of Congress, general administra14 tion, and arms control, nonproliferation and disar15 mament activities as authorized, $794,561,000. 

16 (4) SECURITY PROGRAMS.—For necessary ex17 penses for security activities, $925,407,000, of which 

18 up to $903,873,000 is for Worldwide Security Pro19 tection. 

20 (5) FEES AND PAYMENTS COLLECTED.—In ad21 dition to amounts otherwise made available under 

22 this heading— 

23 (A) as authorized by section 810 of the 

24 United States Information and Educational Ex25 change Act, not to exceed $5,000,000, to reMarch 21, 2018 (6:08 p.m.)
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1 main available until expended, may be credited 

2 to this appropriation from fees or other pay3 ments received from English teaching, library, 

4 motion pictures, and publication programs and 

5 from fees from educational advising and coun6 seling and exchange visitor programs; and 

7 (B) not to exceed $15,000, which shall be 

8 derived from reimbursements, surcharges, and 

9 fees for use of Blair House facilities. 

10 (6) TRANSFER OF FUNDS, REPROGRAMMING, 

11 AND OTHER MATTERS.— 

12 (A) Notwithstanding any other provision of 

13 this Act, funds may be reprogrammed within 

14 and between paragraphs (1) through (4) under 

15 this heading subject to section 7015 of this Act. 

16 (B) Of the amount made available under 

17 this heading, not to exceed $10,000,000 may be 

18 transferred to, and merged with, funds made 

19 available by this Act under the heading ‘‘Emer20 gencies in the Diplomatic and Consular Serv21 ice’’, to be available only for emergency evacu22 ations and rewards, as authorized. 

23 (C) Funds appropriated under this heading 

24 are available for acquisition by exchange or pur25 chase of passenger motor vehicles as authorized 

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1 by law and, pursuant to section 1108(g) of title 

2 31, United States Code, for the field examina3 tion of programs and activities in the United 

4 States funded from any account contained in 

5 this title. 

6 (D) Funds appropriated under this head7 ing that are designated for Worldwide Security 

8 Protection shall continue to be made available 

9 for support of security-related training at sites 

10 in existence prior to the enactment of this Act. 

11 CAPITAL INVESTMENT FUND

12 For necessary expenses of the Capital Investment 

13 Fund, as authorized, $103,400,000, to remain available 

14 until expended. 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector 

17 General, $77,629,000, notwithstanding section 209(a)(1) 

18 of the Foreign Service Act of 1980 (22 U.S.C. 

19 3929(a)(1)), as it relates to post inspections: Provided, 

20 That of the funds appropriated under this heading, 

21 $11,644,000 may remain available until September 30, 

22 2019. 

23 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

24 For expenses of educational and cultural exchange 

25 programs, as authorized, $646,143,000, to remain availMarch 21, 2018 (6:08 p.m.)
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1 able until expended, of which not less than $240,000,000 

2 shall be for the Fulbright Program and not less than 

3 $111,360,000 shall be for Citizen Exchange Program, in4 cluding $4,125,000 for the Congress-Bundestag Youth 

5 Exchange: Provided, That fees or other payments received 

6 from, or in connection with, English teaching, educational 

7 advising and counseling programs, and exchange visitor 

8 programs as authorized may be credited to this account, 

9 to remain available until expended: Provided further, That 

10 a portion of the Fulbright awards from the Eurasia and 

11 Central Asia regions shall be designated as Edmund S. 

12 Muskie Fellowships, following consultation with the Com13 mittees on Appropriations: Provided further, That any 

14 substantive modifications from the prior fiscal year to pro15 grams funded by this Act under this heading shall be sub16 ject to prior consultation with, and the regular notification 

17 procedures of, the Committees on Appropriations. 

18 REPRESENTATION EXPENSES

19 For representation expenses as authorized, 

20 $8,030,000. 

21 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

22 For expenses, not otherwise provided, to enable the 

23 Secretary of State to provide for extraordinary protective 

24 services, as authorized, $30,890,000, to remain available 

25 until September 30, 2019. 

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1 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

2 For necessary expenses for carrying out the Foreign 

3 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), 

4 preserving, maintaining, repairing, and planning for build5 ings that are owned or directly leased by the Department 

6 of State, renovating, in addition to funds otherwise avail7 able, the Harry S Truman Building, and carrying out the 

8 Diplomatic Security Construction Program as authorized, 

9 $765,459,000, to remain available until expended, of 

10 which not to exceed $25,000 may be used for domestic 

11 and overseas representation expenses as authorized: Pro12 vided, That none of the funds appropriated in this para13 graph shall be available for acquisition of furniture, fur14 nishings, or generators for other departments and agen15 cies of the United States Government. 

16 In addition, for the costs of worldwide security up17 grades, acquisition, and construction as authorized, 

18 $1,477,237,000, to remain available until expended: Pro19 vided, That not later than 45 days after enactment of this 

20 Act, the Secretary of State shall submit to the Committees 

21 on Appropriations the proposed allocation of funds made 

22 available under this heading and the actual and antici23 pated proceeds of sales for all projects in fiscal year 2018. 

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1 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

2 SERVICE

3 For necessary expenses to enable the Secretary of 

4 State to meet unforeseen emergencies arising in the Diplo5 matic and Consular Service, as authorized, $7,885,000, to 

6 remain available until expended, of which not to exceed 

7 $1,000,000 may be transferred to, and merged with, funds 

8 appropriated by this Act under the heading ‘‘Repatriation 

9 Loans Program Account’’, subject to the same terms and 

10 conditions. 

11 REPATRIATION LOANS PROGRAM ACCOUNT

12 For the cost of direct loans, $1,300,000, as author13 ized: Provided, That such costs, including the cost of 

14 modifying such loans, shall be as defined in section 502 

15 of the Congressional Budget Act of 1974: Provided fur16 ther, That such funds are available to subsidize gross obli17 gations for the principal amount of direct loans not to ex18 ceed $2,440,856. 

19 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

20 For necessary expenses to carry out the Taiwan Rela21 tions Act (Public Law 96–8), $31,963,000. 

22 INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF

23 COLUMBIA

24 Not to exceed $1,806,600 shall be derived from fees 

25 collected from other executive agencies for lease or use of 

March 21, 2018 (6:08 p.m.)
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1 facilities at the International Center in accordance with 

2 section 4 of the International Center Act (Public Law 90– 

3 553), and, in addition, as authorized by section 5 of such 

4 Act, $743,000, to be derived from the reserve authorized 

5 by such section, to be used for the purposes set out in 

6 that section. 

7 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

8 DISABILITY FUND

9 For payment to the Foreign Service Retirement and 

10 Disability Fund, as authorized, $158,900,000. 

11 INTERNATIONAL ORGANIZATIONS

12 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

13 For necessary expenses, not otherwise provided for, 

14 to meet annual obligations of membership in international 

15 multilateral organizations, pursuant to treaties ratified 

16 pursuant to the advice and consent of the Senate, conven17 tions, or specific Acts of Congress, $1,371,168,000: Pro18 vided, That the Secretary of State shall, at the time of 

19 the submission of the President’s budget to Congress 

20 under section 1105(a) of title 31, United States Code, 

21 transmit to the Committees on Appropriations the most 

22 recent biennial budget prepared by the United Nations for 

23 the operations of the United Nations: Provided further, 

24 That the Secretary of State shall notify the Committees 

25 on Appropriations at least 15 days in advance (or in an 

March 21, 2018 (6:08 p.m.)
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1 emergency, as far in advance as is practicable) of any 

2 United Nations action to increase funding for any United 

3 Nations program without identifying an offsetting de4 crease elsewhere in the United Nations budget: Provided 

5 further, That not later than June 1, 2018, and 30 days 

6 after the end of fiscal year 2018, the Secretary of State 

7 shall report to the Committees on Appropriations any 

8 credits attributable to the United States, including from 

9 the United Nations Tax Equalization Fund, and provide 

10 updated fiscal year 2018 and fiscal year 2019 assessment 

11 costs including offsets from available credits and updated 

12 foreign currency exchange rates: Provided further, That 

13 any such credits shall only be available for United States 

14 assessed contributions to the United Nations regular 

15 budget, and the Committees on Appropriations shall be 

16 notified when such credits are applied to any assessed con17 tribution, including any payment of arrearages: Provided 

18 further, That any notification regarding funds appro19 priated or otherwise made available under this heading in 

20 this Act or prior Acts making appropriations for the De21 partment of State, foreign operations, and related pro22 grams submitted pursuant to section 7015 of this Act, sec23 tion 34 of the State Department Basic Authorities Act 

24 of 1956 (22 U.S.C. 2706), or any operating plan sub25 mitted pursuant to section 7076 of this Act, shall include 

March 21, 2018 (6:08 p.m.)
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1 an estimate of all known credits currently attributable to 

2 the United States and provide updated assessment costs 

3 including offsets from available credits and updated for4 eign currency exchange rates: Provided further, That any 

5 payment of arrearages under this heading shall be directed 

6 to activities that are mutually agreed upon by the United 

7 States and the respective international organization and 

8 shall be subject to the regular notification procedures of 

9 the Committees on Appropriations: Provided further, That 

10 none of the funds appropriated under this heading shall 

11 be available for a United States contribution to an inter12 national organization for the United States share of inter13 est costs made known to the United States Government 

14 by such organization for loans incurred on or after Octo15 ber 1, 1984, through external borrowings. 

16 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

17 ACTIVITIES

18 For necessary expenses to pay assessed and other ex19 penses of international peacekeeping activities directed to 

20 the maintenance or restoration of international peace and 

21 security, $414,624,000, of which 15 percent shall remain 

22 available until September 30, 2019: Provided, That none 

23 of the funds made available by this Act shall be obligated 

24 or expended for any new or expanded United Nations 

25 peacekeeping mission unless, at least 15 days in advance 

March 21, 2018 (6:08 p.m.)
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1 of voting for such mission in the United Nations Security 

2 Council (or in an emergency as far in advance as is prac3 ticable), the Committees on Appropriations are notified of: 

4 (1) the estimated cost and duration of the mission, the 

5 objectives of the mission, the national interest that will 

6 be served, and the exit strategy; and (2) the sources of 

7 funds, including any reprogrammings or transfers, that 

8 will be used to pay the cost of the new or expanded mis9 sion, and the estimated cost in future fiscal years: Pro10 vided further, That none of the funds appropriated under 

11 this heading may be made available for obligation unless 

12 the Secretary of State certifies and reports to the Commit13 tees on Appropriations on a peacekeeping mission-by-mis14 sion basis that the United Nations is implementing effec15 tive policies and procedures to prevent United Nations em16 ployees, contractor personnel, and peacekeeping troops 

17 serving in such mission from trafficking in persons, ex18 ploiting victims of trafficking, or committing acts of sexual 

19 exploitation and abuse or other violations of human rights, 

20 and to bring to justice individuals who engage in such acts 

21 while participating in such mission, including prosecution 

22 in their home countries and making information about 

23 such prosecutions publicly available on the Web site of the 

24 United Nations: Provided further, That the Secretary of 

25 State shall work with the United Nations and foreign govMarch 21, 2018 (6:08 p.m.)
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1 ernments contributing peacekeeping troops to implement 

2 effective vetting procedures to ensure that such troops 

3 have not violated human rights: Provided further, That 

4 funds shall be available for peacekeeping expenses unless 

5 the Secretary of State determines that United States man6 ufacturers and suppliers are not being given opportunities 

7 to provide equipment, services, and material for United 

8 Nations peacekeeping activities equal to those being given 

9 to foreign manufacturers and suppliers: Provided further, 

10 That none of the funds appropriated or otherwise made 

11 available under this heading may be used for any United 

12 Nations peacekeeping mission that will involve United 

13 States Armed Forces under the command or operational 

14 control of a foreign national, unless the President’s mili15 tary advisors have submitted to the President a rec16 ommendation that such involvement is in the national in17 terest of the United States and the President has sub18 mitted to Congress such a recommendation: Provided fur19 ther, That not later than June 1, 2018, and 30 days after 

20 the end of fiscal year 2018, the Secretary of State shall 

21 report to the Committees on Appropriations any credits 

22 attributable to the United States, including those resulting 

23 from United Nations peacekeeping missions or the United 

24 Nations Tax Equalization Fund, and provide updated fis25 cal year 2018 and fiscal year 2019 assessment costs inMarch 21, 2018 (6:08 p.m.)
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U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 cluding offsets from available credits: Provided further, 

2 That any such credits shall only be available for United 

3 States assessed contributions to United Nations peace4 keeping missions, and the Committees on Appropriations 

5 shall be notified when such credits are applied to any as6 sessed contribution, including any payment of arrearages: 

7 Provided further, That any notification regarding funds 

8 appropriated or otherwise made available under this head9 ing in this Act or prior Acts making appropriations for 

10 the Department of State, foreign operations, and related 

11 programs submitted pursuant to section 7015 of this Act, 

12 section 34 of the State Department Basic Authorities Act 

13 of 1956 (22 U.S.C. 2706), or any operating plan sub14 mitted pursuant to section 7076 of this Act, shall include 

15 an estimate of all known credits currently attributable to 

16 the United States and provide updated assessment costs, 

17 including offsets from available credits: Provided further, 

18 That any payment of arrearages with funds appropriated 

19 by this Act shall be subject to the regular notification pro20 cedures of the Committees on Appropriations: Provided 

21 further, That the Secretary of State shall work with the 

22 United Nations and members of the United Nations Secu23 rity Council to evaluate and prioritize peacekeeping mis24 sions, and to consider a draw down when mission goals 

25 have been substantially achieved. 

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1 INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided for, 

3 to meet obligations of the United States arising under 

4 treaties, or specific Acts of Congress, as follows: 

5 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

6 UNITED STATES AND MEXICO

7 For necessary expenses for the United States Section 

8 of the International Boundary and Water Commission, 

9 United States and Mexico, and to comply with laws appli10 cable to the United States Section, including not to exceed 

11 $6,000 for representation expenses; as follows: 

12 SALARIES AND EXPENSES

13 For salaries and expenses, not otherwise provided for, 

14 $48,134,000. 

15 CONSTRUCTION

16 For detailed plan preparation and construction of au17 thorized projects, $29,400,000, to remain available until 

18 expended, as authorized. 

19 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

20 For necessary expenses, not otherwise provided, for 

21 the International Joint Commission and the International 

22 Boundary Commission, United States and Canada, as au23 thorized by treaties between the United States and Can24 ada or Great Britain, and the Border Environment Co25 operation Commission as authorized by the North AmerMarch 21, 2018 (6:08 p.m.)
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1 ican Free Trade Agreement Implementation Act (Public 

2 Law 103–182), $13,258,000: Provided, That of the 

3 amount provided under this heading for the International 

4 Joint Commission, up to $500,000 may remain available 

5 until September 30, 2019, and $9,000 may be made avail6 able for representation expenses. 

7 INTERNATIONAL FISHERIES COMMISSIONS

8 For necessary expenses for international fisheries 

9 commissions, not otherwise provided for, as authorized by 

10 law, $46,356,000: Provided, That the United States share 

11 of such expenses may be advanced to the respective com12 missions pursuant to section 3324 of title 31, United 

13 States Code. 

14 RELATED AGENCY 

15 BROADCASTING BOARD OF GOVERNORS

16 INTERNATIONAL BROADCASTING OPERATIONS

17 For necessary expenses to enable the Broadcasting 

18 Board of Governors (BBG), as authorized, to carry out 

19 international communication activities, and to make and 

20 supervise grants for radio, Internet, and television broad21 casting to the Middle East, $797,986,000: Provided, That 

22 in addition to amounts otherwise available for such pur23 poses, up to $34,508,000 of the amount appropriated 

24 under this heading may remain available until expended 

25 for satellite transmissions and Internet freedom programs, 

March 21, 2018 (6:08 p.m.)
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1 of which not less than $13,800,000 shall be for Internet 

2 freedom programs: Provided further, That of the total 

3 amount appropriated under this heading, not to exceed 

4 $35,000 may be used for representation expenses, of 

5 which $10,000 may be used for such expenses within the 

6 United States as authorized, and not to exceed $30,000 

7 may be used for representation expenses of Radio Free 

8 Europe/Radio Liberty: Provided further, That the BBG 

9 shall notify the Committees on Appropriations within 15 

10 days of any determination by the BBG that any of its 

11 broadcast entities, including its grantee organizations, 

12 provides an open platform for international terrorists or 

13 those who support international terrorism, or is in viola14 tion of the principles and standards set forth in sub15 sections (a) and (b) of section 303 of the United States 

16 International Broadcasting Act of 1994 (22 U.S.C. 6202) 

17 or the entity’s journalistic code of ethics: Provided further, 

18 That significant modifications to BBG broadcast hours 

19 previously justified to Congress, including changes to 

20 transmission platforms (shortwave, medium wave, sat21 ellite, Internet, and television), for all BBG language serv22 ices shall be subject to the regular notification procedures 

23 of the Committees on Appropriations: Provided further, 

24 That in addition to funds made available under this head25 ing, and notwithstanding any other provision of law, up 

March 21, 2018 (6:08 p.m.)
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1 to $5,000,000 in receipts from advertising and revenue 

2 from business ventures, up to $500,000 in receipts from 

3 cooperating international organizations, and up to 

4 $1,000,000 in receipts from privatization efforts of the 

5 Voice of America and the International Broadcasting Bu6 reau, shall remain available until expended for carrying 

7 out authorized purposes. 

8 BROADCASTING CAPITAL IMPROVEMENTS

9 For the purchase, rent, construction, repair, preser10 vation, and improvement of facilities for radio, television, 

11 and digital transmission and reception; the purchase, rent, 

12 and installation of necessary equipment for radio, tele13 vision, and digital transmission and reception, including 

14 to Cuba, as authorized; and physical security worldwide, 

15 in addition to amounts otherwise available for such pur16 poses, $9,700,000, to remain available until expended, as 

17 authorized. 

18 RELATED PROGRAMS 

19 THE ASIA FOUNDATION

20 For a grant to The Asia Foundation, as authorized 

21 by The Asia Foundation Act (22 U.S.C. 4402), 

22 $17,000,000, to remain available until expended. 

23 UNITED STATES INSTITUTE OF PEACE

24 For necessary expenses of the United States Institute 

25 of Peace, as authorized by the United States Institute of 

March 21, 2018 (6:08 p.m.)
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1 Peace Act (22 U.S.C. 4601 et seq.), $37,884,000, to re2 main available until September 30, 2019, which shall not 

3 be used for construction activities. 

4 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

5 TRUST FUND

6 For necessary expenses of the Center for Middle 

7 Eastern-Western Dialogue Trust Fund, as authorized by 

8 section 633 of the Departments of Commerce, Justice, and 

9 State, the Judiciary, and Related Agencies Appropriations 

10 Act, 2004 (22 U.S.C. 2078), the total amount of the inter11 est and earnings accruing to such Fund on or before Sep12 tember 30, 2018, to remain available until expended. 

13 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

14 For necessary expenses of Eisenhower Exchange Fel15 lowships, Incorporated, as authorized by sections 4 and 

16 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

17 U.S.C. 5204–5205), all interest and earnings accruing to 

18 the Eisenhower Exchange Fellowship Program Trust 

19 Fund on or before September 30, 2018, to remain avail20 able until expended: Provided, That none of the funds ap21 propriated herein shall be used to pay any salary or other 

22 compensation, or to enter into any contract providing for 

23 the payment thereof, in excess of the rate authorized by 

24 section 5376 of title 5, United States Code; or for pur25 poses which are not in accordance with section 200 of title 

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1 2 of the Code of Federal Regulations, including the re2 strictions on compensation for personal services. 

3 ISRAELI ARAB SCHOLARSHIP PROGRAM

4 For necessary expenses of the Israeli Arab Scholar5 ship Program, as authorized by section 214 of the Foreign 

6 Relations Authorization Act, Fiscal Years 1992 and 1993 

7 (22 U.S.C. 2452 note), all interest and earnings accruing 

8 to the Israeli Arab Scholarship Fund on or before Sep9 tember 30, 2018, to remain available until expended. 

10 EAST-WEST CENTER

11 To enable the Secretary of State to provide for car12 rying out the provisions of the Center for Cultural and 

13 Technical Interchange Between East and West Act of 

14 1960, by grant to the Center for Cultural and Technical 

15 Interchange Between East and West in the State of Ha16 waii, $16,700,000. 

17 NATIONAL ENDOWMENT FOR DEMOCRACY

18 For grants made by the Department of State to the 

19 National Endowment for Democracy, as authorized by the 

20 National Endowment for Democracy Act (22 U.S.C. 

21 4412), $170,000,000, to remain available until expended, 

22 of which $117,500,000 shall be allocated in the traditional 

23 and customary manner, including for the core institutes, 

24 and $52,500,000 shall be for democracy programs. 

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1 OTHER COMMISSIONS 

2 COMMISSION FOR THE PRESERVATION OF AMERICA’S

3 HERITAGE ABROAD

4 SALARIES AND EXPENSES

5 For necessary expenses for the Commission for the 

6 Preservation of America’s Heritage Abroad, $675,000, as 

7 authorized by chapter 3123 of title 54, United States 

8 Code: Provided, That the Commission may procure tem9 porary, intermittent, and other services notwithstanding 

10 paragraph (3) of section 312304(b) of such chapter: Pro11 vided further, That such authority shall terminate on Oc12 tober 1, 2018: Provided further, That the Commission 

13 shall notify the Committees on Appropriations prior to ex14 ercising such authority. 

15 UNITED STATES COMMISSION ON INTERNATIONAL

16 RELIGIOUS FREEDOM

17 SALARIES AND EXPENSES

18 For necessary expenses for the United States Com19 mission on International Religious Freedom (USCIRF), 

20 as authorized by title II of the International Religious 

21 Freedom Act of 1998 (22 U.S.C. 6431 et seq.), 

22 $4,500,000, to remain available until September 30, 2019, 

23 including not more than $4,000 for representation ex24 penses: Provided, That prior to the obligation of 

25 $1,000,000 of the funds appropriated under this heading, 

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1 the Commission shall consult with the appropriate con2 gressional committees on the steps taken to implement the 

3 recommendations of the Independent Review of USCIRF 

4 Mission Effectiveness that was conducted pursuant to the 

5 United States Commission on International Religious 

6 Freedom Reauthorization Act of 2015 (Public Law 114– 

7 71), and such funds shall be subject to the regular notifi8 cation procedures of the Committees on Appropriations. 

9 COMMISSION ON SECURITY AND COOPERATION IN

10 EUROPE

11 SALARIES AND EXPENSES

12 For necessary expenses of the Commission on Secu13 rity and Cooperation in Europe, as authorized by Public 

14 Law 94–304 (22 U.S.C. 3001 et seq.), $2,579,000, includ15 ing not more than $4,000 for representation expenses, to 

16 remain available until September 30, 2019. 

17 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

18 PEOPLE’S REPUBLIC OF CHINA

19 SALARIES AND EXPENSES

20 For necessary expenses of the Congressional-Execu21 tive Commission on the People’s Republic of China, as au22 thorized by title III of the U.S.-China Relations Act of 

23 2000 (22 U.S.C. 6911 et seq.), $2,000,000, including not 

24 more than $3,000 for representation expenses, to remain 

25 available until September 30, 2019. 

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1 UNITED STATES-CHINA ECONOMIC AND SECURITY

2 REVIEW COMMISSION

3 SALARIES AND EXPENSES

4 For necessary expenses of the United States-China 

5 Economic and Security Review Commission, as authorized 

6 by section 1238 of the Floyd D. Spence National Defense 

7 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 

8 $3,500,000, including not more than $4,000 for represen9 tation expenses, to remain available until September 30, 

10 2019: Provided, That the authorities, requirements, limi11 tations, and conditions contained in the second through 

12 sixth provisos under this heading in the Department of 

13 State, Foreign Operations, and Related Programs Appro14 priations Act, 2010 (division F of Public Law 111–117) 

15 shall continue in effect during fiscal year 2018 and shall 

16 apply to funds appropriated under this heading as if in17 cluded in this Act. 

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1 TITLE II 

2 UNITED STATES AGENCY FOR INTERNATIONAL 

3 DEVELOPMENT 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 OPERATING EXPENSES

6 For necessary expenses to carry out the provisions 

7 of section 667 of the Foreign Assistance Act of 1961, 

8 $1,189,609,000, of which up to $178,441,000 may remain 

9 available until September 30, 2019: Provided, That none 

10 of the funds appropriated under this heading and under 

11 the heading ‘‘Capital Investment Fund’’ in this title may 

12 be made available to finance the construction (including 

13 architect and engineering services), purchase, or long-term 

14 lease of offices for use by the United States Agency for 

15 International Development, unless the USAID Adminis16 trator has identified such proposed use of funds in a re17 port submitted to the Committees on Appropriations at 

18 least 15 days prior to the obligation of funds for such pur19 poses: Provided further, That contracts or agreements en20 tered into with funds appropriated under this heading may 

21 entail commitments for the expenditure of such funds 

22 through the following fiscal year: Provided further, That 

23 the authority of sections 610 and 109 of the Foreign As24 sistance Act of 1961 may be exercised by the Secretary 

25 of State to transfer funds appropriated to carry out chapMarch 21, 2018 (6:08 p.m.)
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1 ter 1 of part I of such Act to ‘‘Operating Expenses’’ in 

2 accordance with the provisions of those sections: Provided 

3 further, That of the funds appropriated or made available 

4 under this heading, not to exceed $250,000 may be avail5 able for representation and entertainment expenses, of 

6 which not to exceed $5,000 may be available for entertain7 ment expenses, and not to exceed $100,500 shall be for 

8 official residence expenses, for USAID during the current 

9 fiscal year. 

10 CAPITAL INVESTMENT FUND

11 For necessary expenses for overseas construction and 

12 related costs, and for the procurement and enhancement 

13 of information technology and related capital investments, 

14 pursuant to section 667 of the Foreign Assistance Act of 

15 1961, $197,100,000, to remain available until expended: 

16 Provided, That this amount is in addition to funds other17 wise available for such purposes: Provided further, That 

18 funds appropriated under this heading shall be available 

19 subject to the regular notification procedures of the Com20 mittees on Appropriations. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses to carry out the provisions 

23 of section 667 of the Foreign Assistance Act of 1961, 

24 $72,800,000, of which up to $10,920,000 may remain 

25 available until September 30, 2019, for the Office of InMarch 21, 2018 (6:08 p.m.)
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1 spector General of the United States Agency for Inter2 national Development. 

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1 TITLE III 

2 BILATERAL ECONOMIC ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 For necessary expenses to enable the President to 

5 carry out the provisions of the Foreign Assistance Act of 

6 1961, and for other purposes, as follows: 

7 GLOBAL HEALTH PROGRAMS

8 For necessary expenses to carry out the provisions 

9 of chapters 1 and 10 of part I of the Foreign Assistance 

10 Act of 1961, for global health activities, in addition to 

11 funds otherwise available for such purposes, 

12 $3,020,000,000, to remain available until September 30, 

13 2019, and which shall be apportioned directly to the 

14 United States Agency for International Development: Pro15 vided, That this amount shall be made available for train16 ing, equipment, and technical assistance to build the ca17 pacity of public health institutions and organizations in 

18 developing countries, and for such activities as: (1) child 

19 survival and maternal health programs; (2) immunization 

20 and oral rehydration programs; (3) other health, nutrition, 

21 water and sanitation programs which directly address the 

22 needs of mothers and children, and related education pro23 grams; (4) assistance for children displaced or orphaned 

24 by causes other than AIDS; (5) programs for the preven25 tion, treatment, control of, and research on HIV/AIDS, 

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1 tuberculosis, polio, malaria, and other infectious diseases 

2 including neglected tropical diseases, and for assistance to 

3 communities severely affected by HIV/AIDS, including 

4 children infected or affected by AIDS; (6) disaster pre5 paredness training for health crises; (7) programs to pre6 vent, prepare for, and respond to, unanticipated and 

7 emerging global health threats; and (8) family planning/ 

8 reproductive health: Provided further, That funds appro9 priated under this paragraph may be made available for 

10 a United States contribution to the GAVI Alliance: Pro11 vided further, That none of the funds made available in 

12 this Act nor any unobligated balances from prior appro13 priations Acts may be made available to any organization 

14 or program which, as determined by the President of the 

15 United States, supports or participates in the manage16 ment of a program of coercive abortion or involuntary 

17 sterilization: Provided further, That any determination 

18 made under the previous proviso must be made not later 

19 than 6 months after the date of enactment of this Act, 

20 and must be accompanied by the evidence and criteria uti21 lized to make the determination: Provided further, That 

22 none of the funds made available under this Act may be 

23 used to pay for the performance of abortion as a method 

24 of family planning or to motivate or coerce any person 

25 to practice abortions: Provided further, That nothing in 

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1 this paragraph shall be construed to alter any existing 

2 statutory prohibitions against abortion under section 104 

3 of the Foreign Assistance Act of 1961: Provided further, 

4 That none of the funds made available under this Act may 

5 be used to lobby for or against abortion: Provided further, 

6 That in order to reduce reliance on abortion in developing 

7 nations, funds shall be available only to voluntary family 

8 planning projects which offer, either directly or through 

9 referral to, or information about access to, a broad range 

10 of family planning methods and services, and that any 

11 such voluntary family planning project shall meet the fol12 lowing requirements: (1) service providers or referral 

13 agents in the project shall not implement or be subject 

14 to quotas, or other numerical targets, of total number of 

15 births, number of family planning acceptors, or acceptors 

16 of a particular method of family planning (this provision 

17 shall not be construed to include the use of quantitative 

18 estimates or indicators for budgeting and planning pur19 poses); (2) the project shall not include payment of incen20 tives, bribes, gratuities, or financial reward to: (A) an indi21 vidual in exchange for becoming a family planning accep22 tor; or (B) program personnel for achieving a numerical 

23 target or quota of total number of births, number of fam24 ily planning acceptors, or acceptors of a particular method 

25 of family planning; (3) the project shall not deny any right 

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1 or benefit, including the right of access to participate in 

2 any program of general welfare or the right of access to 

3 health care, as a consequence of any individual’s decision 

4 not to accept family planning services; (4) the project shall 

5 provide family planning acceptors comprehensible infor6 mation on the health benefits and risks of the method cho7 sen, including those conditions that might render the use 

8 of the method inadvisable and those adverse side effects 

9 known to be consequent to the use of the method; and 

10 (5) the project shall ensure that experimental contracep11 tive drugs and devices and medical procedures are pro12 vided only in the context of a scientific study in which 

13 participants are advised of potential risks and benefits; 

14 and, not less than 60 days after the date on which the 

15 USAID Administrator determines that there has been a 

16 violation of the requirements contained in paragraph (1), 

17 (2), (3), or (5) of this proviso, or a pattern or practice 

18 of violations of the requirements contained in paragraph 

19 (4) of this proviso, the Administrator shall submit to the 

20 Committees on Appropriations a report containing a de21 scription of such violation and the corrective action taken 

22 by the Agency: Provided further, That in awarding grants 

23 for natural family planning under section 104 of the For24 eign Assistance Act of 1961 no applicant shall be discrimi25 nated against because of such applicant’s religious or conMarch 21, 2018 (6:08 p.m.)
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1 scientious commitment to offer only natural family plan2 ning; and, additionally, all such applicants shall comply 

3 with the requirements of the previous proviso: Provided 

4 further, That for purposes of this or any other Act author5 izing or appropriating funds for the Department of State, 

6 foreign operations, and related programs, the term ‘‘moti7 vate’’, as it relates to family planning assistance, shall not 

8 be construed to prohibit the provision, consistent with 

9 local law, of information or counseling about all pregnancy 

10 options: Provided further, That information provided 

11 about the use of condoms as part of projects or activities 

12 that are funded from amounts appropriated by this Act 

13 shall be medically accurate and shall include the public 

14 health benefits and failure rates of such use. 

15 In addition, for necessary expenses to carry out the 

16 provisions of the Foreign Assistance Act of 1961 for the 

17 prevention, treatment, and control of, and research on, 

18 HIV/AIDS, $5,670,000,000, to remain available until 

19 September 30, 2022, which shall be apportioned directly 

20 to the Department of State: Provided, That funds appro21 priated under this paragraph may be made available, not22 withstanding any other provision of law, except for the 

23 United States Leadership Against HIV/AIDS, Tuber24 culosis, and Malaria Act of 2003 (Public Law 108–25), 

25 for a United States contribution to the Global Fund to 

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1 Fight AIDS, Tuberculosis and Malaria (Global Fund), 

2 and shall be expended at the minimum rate necessary to 

3 make timely payment for projects and activities: Provided 

4 further, That the amount of such contribution should be 

5 $1,350,000,000: Provided further, That clauses (i) and 

6 (vi) of section 202(d)(4)(A) of the United States Leader7 ship Against HIV/AIDS, Tuberculosis, and Malaria Act 

8 of 2003 (22 U.S.C. 7622) shall be applied with respect 

9 to such funds made available for fiscal years 2015 through 

10 2018 by substituting ‘‘2004’’ for ‘‘2009’’: Provided fur11 ther, That up to 5 percent of the aggregate amount of 

12 funds made available to the Global Fund in fiscal year 

13 2018 may be made available to USAID for technical as14 sistance related to the activities of the Global Fund, sub15 ject to the regular notification procedures of the Commit16 tees on Appropriations: Provided further, That of the 

17 funds appropriated under this paragraph, up to 

18 $17,000,000 may be made available, in addition to 

19 amounts otherwise available for such purposes, for admin20 istrative expenses of the Office of the United States Global 

21 AIDS Coordinator. 

22 DEVELOPMENT ASSISTANCE

23 For necessary expenses to carry out the provisions 

24 of sections 103, 105, 106, 214, and sections 251 through 

25 255, and chapter 10 of part I of the Foreign Assistance 

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1 Act of 1961, $3,000,000,000, to remain available until 

2 September 30, 2019. 

3 INTERNATIONAL DISASTER ASSISTANCE

4 For necessary expenses to carry out the provisions 

5 of section 491 of the Foreign Assistance Act of 1961 for 

6 international disaster relief, rehabilitation, and recon7 struction assistance, $2,696,534,000, to remain available 

8 until expended. 

9 TRANSITION INITIATIVES

10 For necessary expenses for international disaster re11 habilitation and reconstruction assistance administered by 

12 the Office of Transition Initiatives, United States Agency 

13 for International Development, pursuant to section 491 of 

14 the Foreign Assistance Act of 1961, $30,000,000, to re15 main available until expended, to support transition to de16 mocracy and long-term development of countries in crisis: 

17 Provided, That such support may include assistance to de18 velop, strengthen, or preserve democratic institutions and 

19 processes, revitalize basic infrastructure, and foster the 

20 peaceful resolution of conflict: Provided further, That the 

21 USAID Administrator shall submit a report to the Com22 mittees on Appropriations at least 5 days prior to begin23 ning a new program of assistance: Provided further, That 

24 if the Secretary of State determines that it is important 

25 to the national interest of the United States to provide 

March 21, 2018 (6:08 p.m.)
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1 transition assistance in excess of the amount appropriated 

2 under this heading, up to $15,000,000 of the funds appro3 priated by this Act to carry out the provisions of part I 

4 of the Foreign Assistance Act of 1961 may be used for 

5 purposes of this heading and under the authorities appli6 cable to funds appropriated under this heading: Provided 

7 further, That funds made available pursuant to the pre8 vious proviso shall be made available subject to prior con9 sultation with the Committees on Appropriations. 

10 COMPLEX CRISES FUND

11 For necessary expenses to carry out the provisions 

12 of the Foreign Assistance Act of 1961 to support pro13 grams and activities to prevent or respond to emerging 

14 or unforeseen foreign challenges and complex crises over15 seas, $10,000,000, to remain available until expended: 

16 Provided, That funds appropriated under this heading 

17 may be made available on such terms and conditions as 

18 are appropriate and necessary for the purposes of pre19 venting or responding to such challenges and crises, except 

20 that no funds shall be made available for lethal assistance 

21 or to respond to natural disasters: Provided further, That 

22 funds appropriated under this heading may be made avail23 able notwithstanding any other provision of law, except 

24 sections 7007, 7008, and 7018 of this Act and section 

25 620M of the Foreign Assistance Act of 1961: Provided 

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1 further, That funds appropriated under this heading may 

2 be used for administrative expenses, in addition to funds 

3 otherwise available for such purposes, except that such ex4 penses may not exceed 5 percent of the funds appropriated 

5 under this heading: Provided further, That funds appro6 priated under this heading shall be subject to the regular 

7 notification procedures of the Committees on Appropria8 tions, except that such notifications shall be transmitted 

9 at least 5 days prior to the obligation of funds. 

10 DEVELOPMENT CREDIT AUTHORITY

11 For the cost of direct loans and loan guarantees pro12 vided by the United States Agency for International De13 velopment, as authorized by sections 256 and 635 of the 

14 Foreign Assistance Act of 1961, up to $55,000,000 may 

15 be derived by transfer from funds appropriated by this Act 

16 to carry out part I of such Act and under the heading 

17 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro18 vided, That funds provided under this paragraph and 

19 funds provided as a gift that are used for purposes of this 

20 paragraph pursuant to section 635(d) of the Foreign As21 sistance Act of 1961 shall be made available only for 

22 micro- and small enterprise programs, urban programs, 

23 and other programs which further the purposes of part 

24 I of such Act: Provided further, That funds provided as 

25 a gift that are used for purposes of this paragraph shall 

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1 be subject to prior consultation with, and the regular noti2 fication procedures of, the Committees on Appropriations: 

3 Provided further, That such costs, including the cost of 

4 modifying such direct and guaranteed loans, shall be as 

5 defined in section 502 of the Congressional Budget Act 

6 of 1974, as amended: Provided further, That funds made 

7 available by this paragraph may be used for the cost of 

8 modifying any such guaranteed loans under this Act or 

9 prior Acts making appropriations for the Department of 

10 State, foreign operations, and related programs, and funds 

11 used for such cost, including if the cost results in a nega12 tive subsidy, shall be subject to the regular notification 

13 procedures of the Committees on Appropriations: Provided 

14 further, That the provisions of section 107A(d) (relating 

15 to general provisions applicable to the Development Credit 

16 Authority) of the Foreign Assistance Act of 1961, as con17 tained in section 306 of H.R. 1486 as reported by the 

18 House Committee on International Relations on May 9, 

19 1997, shall be applicable to direct loans and loan guaran20 tees provided under this heading, except that the principal 

21 amount of loans made or guaranteed under this heading 

22 with respect to any single country shall not exceed 

23 $300,000,000: Provided further, That these funds are 

24 available to subsidize total loan principal, any portion of 

25 which is to be guaranteed, of up to $1,750,000,000. 

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1 In addition, for administrative expenses to carry out 

2 credit programs administered by USAID, $10,000,000, 

3 which may be transferred to, and merged with, funds 

4 made available under the heading ‘‘Operating Expenses’’ 

5 in title II of this Act: Provided, That funds made available 

6 under this heading shall remain available until September 

7 30, 2020. 

8 ECONOMIC SUPPORT FUND

9 For necessary expenses to carry out the provisions 

10 of chapter 4 of part II of the Foreign Assistance Act of 

11 1961, $1,816,731,000, to remain available until Sep12 tember 30, 2019. 

13 DEMOCRACY FUND

14 For necessary expenses to carry out the provisions 

15 of the Foreign Assistance Act of 1961 for the promotion 

16 of democracy globally, including to carry out the purposes 

17 of section 502(b)(3) and (5) of Public Law 98–164 (22 

18 U.S.C. 4411), $150,375,000, to remain available until 

19 September 30, 2019, which shall be made available for the 

20 Human Rights and Democracy Fund of the Bureau of De21 mocracy, Human Rights, and Labor, Department of 

22 State: Provided, That funds appropriated under this head23 ing that are made available to the National Endowment 

24 for Democracy and its core institutes are in addition to 

25 amounts otherwise available by this Act for such purposes: 

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1 Provided further, That the Assistant Secretary for Democ2 racy, Human Rights, and Labor, Department of State, 

3 shall consult with the Committees on Appropriations prior 

4 to the obligation of funds appropriated under this para5 graph. 

6 For an additional amount for such purposes, 

7 $65,125,000, to remain available until September 30, 

8 2019, which shall be made available for the Bureau for 

9 Democracy, Conflict, and Humanitarian Assistance, 

10 United States Agency for International Development. 

11 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

12 For necessary expenses to carry out the provisions 

13 of the Foreign Assistance Act of 1961, the FREEDOM 

14 Support Act (Public Law 102–511), and the Support for 

15 Eastern European Democracy (SEED) Act of 1989 (Pub16 lic Law 101–179), $750,334,000, to remain available until 

17 September 30, 2019, which shall be available, notwith18 standing any other provision of law, except section 7070 

19 of this Act, for assistance and related programs for coun20 tries identified in section 3 of Public Law 102–511 (22 

21 U.S.C. 5801) and section 3(c) of Public Law 101–179 (22 

22 U.S.C. 5402), in addition to funds otherwise available for 

23 such purposes: Provided, That funds appropriated by this 

24 Act under the headings ‘‘Global Health Programs’’, ‘‘Eco25 nomic Support Fund’’, and ‘‘International Narcotics ConMarch 21, 2018 (6:08 p.m.)
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1 trol and Law Enforcement’’ that are made available for 

2 assistance for such countries shall be administered in ac3 cordance with the responsibilities of the coordinator des4 ignated pursuant to section 102 of Public Law 102–511 

5 and section 601 of Public Law 101–179: Provided further, 

6 That funds appropriated under this heading shall be con7 sidered to be economic assistance under the Foreign As8 sistance Act of 1961 for purposes of making available the 

9 administrative authorities contained in that Act for the 

10 use of economic assistance. 

11 DEPARTMENT OF STATE

12 MIGRATION AND REFUGEE ASSISTANCE

13 For necessary expenses not otherwise provided for, 

14 to enable the Secretary of State to carry out the provisions 

15 of section 2(a) and (b) of the Migration and Refugee As16 sistance Act of 1962, and other activities to meet refugee 

17 and migration needs; salaries and expenses of personnel 

18 and dependents as authorized by the Foreign Service Act 

19 of 1980; allowances as authorized by sections 5921 

20 through 5925 of title 5, United States Code; purchase and 

21 hire of passenger motor vehicles; and services as author22 ized by section 3109 of title 5, United States Code, 

23 $927,802,000, to remain available until expended, of 

24 which not less than $35,000,000 shall be made available 

25 to respond to small-scale emergency humanitarian requireMarch 21, 2018 (6:08 p.m.)
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1 ments, and $7,500,000 shall be made available for refu2 gees resettling in Israel. 

3 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

4 ASSISTANCE FUND

5 For necessary expenses to carry out the provisions 

6 of section 2(c) of the Migration and Refugee Assistance 

7 Act of 1962, as amended (22 U.S.C. 2601(c)), 

8 $1,000,000, to remain available until expended: Provided, 

9 That amounts in excess of the limitation contained in 

10 paragraph (2) of such section shall be transferred to, and 

11 merged with, funds made available by this Act under the 

12 heading ‘‘Migration and Refugee Assistance’’. 

13 INDEPENDENT AGENCIES

14 PEACE CORPS

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses to carry out the provisions 

17 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 

18 the purchase of not to exceed five passenger motor vehicles 

19 for administrative purposes for use outside of the United 

20 States, $410,000,000, of which $5,500,000 is for the Of21 fice of Inspector General, to remain available until Sep22 tember 30, 2019: Provided, That the Director of the Peace 

23 Corps may transfer to the Foreign Currency Fluctuations 

24 Account, as authorized by section 16 of the Peace Corps 

25 Act (22 U.S.C. 2515), an amount not to exceed 

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1 $5,000,000: Provided further, That funds transferred pur2 suant to the previous proviso may not be derived from 

3 amounts made available for Peace Corps overseas oper4 ations: Provided further, That of the funds appropriated 

5 under this heading, not to exceed $104,000 may be avail6 able for representation expenses, of which not to exceed 

7 $4,000 may be made available for entertainment expenses: 

8 Provided further, That any decision to open, close, signifi9 cantly reduce, or suspend a domestic or overseas office or 

10 country program shall be subject to prior consultation 

11 with, and the regular notification procedures of, the Com12 mittees on Appropriations, except that prior consultation 

13 and regular notification procedures may be waived when 

14 there is a substantial security risk to volunteers or other 

15 Peace Corps personnel, pursuant to section 7015(e) of this 

16 Act: Provided further, That none of the funds appropriated 

17 under this heading shall be used to pay for abortions: Pro18 vided further, That notwithstanding the previous proviso, 

19 section 614 of division E of Public Law 113–76 shall 

20 apply to funds appropriated under this heading. 

21 MILLENNIUM CHALLENGE CORPORATION

22 For necessary expenses to carry out the provisions 

23 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 

24 et seq.) (MCA), $905,000,000, to remain available until 

25 expended: Provided, That of the funds appropriated under 

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1 this heading, up to $105,000,000 may be available for ad2 ministrative expenses of the Millennium Challenge Cor3 poration (MCC): Provided further, That up to 5 percent 

4 of the funds appropriated under this heading may be made 

5 available to carry out the purposes of section 616 of the 

6 MCA for fiscal year 2018: Provided further, That section 

7 605(e) of the MCA shall apply to funds appropriated 

8 under this heading: Provided further, That funds appro9 priated under this heading may be made available for a 

10 Millennium Challenge Compact entered into pursuant to 

11 section 609 of the MCA only if such Compact obligates, 

12 or contains a commitment to obligate subject to the avail13 ability of funds and the mutual agreement of the parties 

14 to the Compact to proceed, the entire amount of the 

15 United States Government funding anticipated for the du16 ration of the Compact: Provided further, That the MCC 

17 Chief Executive Officer shall notify the Committees on Ap18 propriations not later than 15 days prior to commencing 

19 negotiations for any country compact or threshold country 

20 program; signing any such compact or threshold program; 

21 or terminating or suspending any such compact or thresh22 old program: Provided further, That funds appropriated 

23 under this heading by this Act and prior Acts making ap24 propriations for the Department of State, foreign oper25 ations, and related programs that are available to impleMarch 21, 2018 (6:08 p.m.)
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1 ment section 609(g) of the MCA shall be subject to the 

2 regular notification procedures of the Committees on Ap3 propriations: Provided further, That no country should be 

4 eligible for a threshold program after such country has 

5 completed a country compact: Provided further, That any 

6 funds that are deobligated from a Millennium Challenge 

7 Compact shall be subject to the regular notification proce8 dures of the Committees on Appropriations prior to re9 obligation: Provided further, That notwithstanding section 

10 606(a)(2) of the MCA, a country shall be a candidate 

11 country for purposes of eligibility for assistance for the 

12 fiscal year if the country has a per capita income equal 

13 to or below the World Bank’s lower middle income country 

14 threshold for the fiscal year and is among the 75 lowest 

15 per capita income countries as identified by the World 

16 Bank; and the country meets the requirements of section 

17 606(a)(1)(B) of the MCA: Provided further, That notwith18 standing section 606(b)(1) of the MCA, in addition to 

19 countries described in the preceding proviso, a country 

20 shall be a candidate country for purposes of eligibility for 

21 assistance for the fiscal year if the country has a per cap22 ita income equal to or below the World Bank’s lower mid23 dle income country threshold for the fiscal year and is not 

24 among the 75 lowest per capita income countries as identi25 fied by the World Bank; and the country meets the reMarch 21, 2018 (6:08 p.m.)
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1 quirements of section 606(a)(1)(B) of the MCA: Provided 

2 further, That any MCC candidate country under section 

3 606 of the MCA with a per capita income that changes 

4 in the fiscal year such that the country would be reclassi5 fied from a low income country to a lower middle income 

6 country or from a lower middle income country to a low 

7 income country shall retain its candidacy status in its 

8 former income classification for the fiscal year and the 2 

9 subsequent fiscal years: Provided further, That publication 

10 in the Federal Register of a notice of availability of a copy 

11 of a Compact on the MCC Web site shall be deemed to 

12 satisfy the requirements of section 610(b)(2) of the MCA 

13 for such Compact: Provided further, That none of the 

14 funds made available by this Act or prior Acts making 

15 appropriations for the Department of State, foreign oper16 ations, and related programs shall be available for a 

17 threshold program in a country that is not currently a can18 didate country: Provided further, That of the funds appro19 priated under this heading, not to exceed $100,000 may 

20 be available for representation and entertainment ex21 penses, of which not to exceed $5,000 may be available 

22 for entertainment expenses. 

23 INTER-AMERICAN FOUNDATION

24 For necessary expenses to carry out the functions of 

25 the Inter-American Foundation in accordance with the 

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1 provisions of section 401 of the Foreign Assistance Act 

2 of 1969, $22,500,000, to remain available until September 

3 30, 2019: Provided, That of the funds appropriated under 

4 this heading, not to exceed $2,000 may be available for 

5 representation expenses. 

6 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

7 For necessary expenses to carry out the African De8 velopment Foundation Act (title V of Public Law 96–533; 

9 22 U.S.C. 290h et seq.), $30,000,000, to remain available 

10 until September 30, 2019, of which not to exceed $2,000 

11 may be available for representation expenses: Provided, 

12 That funds made available to grantees may be invested 

13 pending expenditure for project purposes when authorized 

14 by the Board of Directors of the United States African 

15 Development Foundation (USADF): Provided further, 

16 That interest earned shall be used only for the purposes 

17 for which the grant was made: Provided further, That not18 withstanding section 505(a)(2) of the African Develop19 ment Foundation Act (22 U.S.C. 290h–3(a)(2)), in excep20 tional circumstances the Board of Directors of the 

21 USADF may waive the $250,000 limitation contained in 

22 that section with respect to a project and a project may 

23 exceed the limitation by up to 10 percent if the increase 

24 is due solely to foreign currency fluctuation: Provided fur25 ther, That the USADF shall submit a report to the approMarch 21, 2018 (6:08 p.m.)
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1 priate congressional committees after each time such waiv2 er authority is exercised: Provided further, That the 

3 USADF may make rent or lease payments in advance 

4 from appropriations available for such purpose for offices, 

5 buildings, grounds, and quarters in Africa as may be nec6 essary to carry out its functions: Provided further, That 

7 the USADF may maintain bank accounts outside the 

8 United States Treasury and retain any interest earned on 

9 such accounts, in furtherance of the purposes of the Afri10 can Development Foundation Act: Provided further, That 

11 the USADF may not withdraw any appropriation from the 

12 Treasury prior to the need of spending such funds for pro13 gram purposes. 

14 DEPARTMENT OF THE TREASURY

15 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

16 For necessary expenses to carry out the provisions 

17 of section 129 of the Foreign Assistance Act of 1961, 

18 $30,000,000, to remain available until September 30, 

19 2020: Provided, That amounts made available under this 

20 heading may be made available to contract for services as 

21 described in section 129(d)(3)(A) of the Foreign Assist22 ance Act of 1961, without regard to the location in which 

23 such services are performed. 

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1 TITLE IV 

2 INTERNATIONAL SECURITY ASSISTANCE 

3 DEPARTMENT OF STATE

4 INTERNATIONAL NARCOTICS CONTROL AND LAW

5 ENFORCEMENT

6 For necessary expenses to carry out section 481 of 

7 the Foreign Assistance Act of 1961, $950,845,000, to re8 main available until September 30, 2019: Provided, That 

9 the Department of State may use the authority of section 

10 608 of the Foreign Assistance Act of 1961, without regard 

11 to its restrictions, to receive excess property from an agen12 cy of the United States Government for the purpose of 

13 providing such property to a foreign country or inter14 national organization under chapter 8 of part I of such 

15 Act, subject to the regular notification procedures of the 

16 Committees on Appropriations: Provided further, That sec17 tion 482(b) of the Foreign Assistance Act of 1961 shall 

18 not apply to funds appropriated under this heading, except 

19 that any funds made available notwithstanding such sec20 tion shall be subject to the regular notification procedures 

21 of the Committees on Appropriations: Provided further, 

22 That funds appropriated under this heading shall be made 

23 available to support training and technical assistance for 

24 foreign law enforcement, corrections, and other judicial 

25 authorities, utilizing regional partners: Provided further, 

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1 That funds made available under this heading that are 

2 transferred to another department, agency, or instrumen3 tality of the United States Government pursuant to sec4 tion 632(b) of the Foreign Assistance Act of 1961 valued 

5 in excess of $5,000,000, and any agreement made pursu6 ant to section 632(a) of such Act, shall be subject to the 

7 regular notification procedures of the Committees on Ap8 propriations. 

9 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

10 RELATED PROGRAMS

11 For necessary expenses for nonproliferation, anti-ter12 rorism, demining and related programs and activities, 

13 $655,467,000, to remain available until September 30, 

14 2019, to carry out the provisions of chapter 8 of part II 

15 of the Foreign Assistance Act of 1961 for anti-terrorism 

16 assistance, chapter 9 of part II of the Foreign Assistance 

17 Act of 1961, section 504 of the FREEDOM Support Act, 

18 section 23 of the Arms Export Control Act, or the Foreign 

19 Assistance Act of 1961 for demining activities, the clear20 ance of unexploded ordnance, the destruction of small 

21 arms, and related activities, notwithstanding any other 

22 provision of law, including activities implemented through 

23 nongovernmental and international organizations, and sec24 tion 301 of the Foreign Assistance Act of 1961 for a 

25 United States contribution to the Comprehensive Nuclear 

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1 Test Ban Treaty Preparatory Commission, and for a vol2 untary contribution to the International Atomic Energy 

3 Agency (IAEA): Provided, That the Secretary of State 

4 shall inform the appropriate congressional committees of 

5 information regarding any separate arrangements relating 

6 to the ‘‘Road-map for the Clarification of Past and 

7 Present Outstanding Issues Regarding Iran’s Nuclear 

8 Program’’ between the IAEA and the Islamic Republic of 

9 Iran, in classified form if necessary, if such information 

10 becomes known to the Department of State: Provided fur11 ther, That funds made available under this heading for 

12 the Nonproliferation and Disarmament Fund shall be 

13 made available, notwithstanding any other provision of law 

14 and subject to prior consultation with, and the regular no15 tification procedures of, the Committees on Appropria16 tions, to promote bilateral and multilateral activities relat17 ing to nonproliferation, disarmament, and weapons de18 struction, and shall remain available until expended: Pro19 vided further, That such funds may also be used for such 

20 countries other than the Independent States of the former 

21 Soviet Union and international organizations when it is 

22 in the national security interest of the United States to 

23 do so: Provided further, That funds appropriated under 

24 this heading may be made available for the IAEA unless 

25 the Secretary of State determines that Israel is being deMarch 21, 2018 (6:08 p.m.)
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1 nied its right to participate in the activities of that Agen2 cy: Provided further, That funds made available for con3 ventional weapons destruction programs, including 

4 demining and related activities, in addition to funds other5 wise available for such purposes, may be used for adminis6 trative expenses related to the operation and management 

7 of such programs and activities, subject to the regular no8 tification procedures of the Committees on Appropria9 tions. 

10 PEACEKEEPING OPERATIONS

11 For necessary expenses to carry out the provisions 

12 of section 551 of the Foreign Assistance Act of 1961, 

13 $212,712,000: Provided, That funds appropriated under 

14 this heading may be used, notwithstanding section 660 of 

15 such Act, to provide assistance to enhance the capacity 

16 of foreign civilian security forces, including gendarmes, to 

17 participate in peacekeeping operations: Provided further, 

18 That of the funds appropriated under this heading, not 

19 less than $31,000,000 shall be made available for a United 

20 States contribution to the Multinational Force and Ob21 servers mission in the Sinai: Provided further, That none 

22 of the funds appropriated under this heading shall be obli23 gated except as provided through the regular notification 

24 procedures of the Committees on Appropriations. 

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1 FUNDS APPROPRIATED TO THE PRESIDENT

2 INTERNATIONAL MILITARY EDUCATION AND TRAINING

3 For necessary expenses to carry out the provisions 

4 of section 541 of the Foreign Assistance Act of 1961, 

5 $110,875,000, of which up to $11,000,000 may remain 

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

7 civilian personnel for whom military education and train8 ing may be provided under this heading may include civil9 ians who are not members of a government whose partici10 pation would contribute to improved civil-military rela11 tions, civilian control of the military, or respect for human 

12 rights: Provided further, That of the funds appropriated 

13 under this heading, not to exceed $55,000 may be avail14 able for entertainment expenses. 

15 FOREIGN MILITARY FINANCING PROGRAM

16 For necessary expenses for grants to enable the 

17 President to carry out the provisions of section 23 of the 

18 Arms Export Control Act, $5,671,613,000: Provided, 

19 That to expedite the provision of assistance to foreign 

20 countries and international organizations, the Secretary of 

21 State, following consultation with the Committees on Ap22 propriations and subject to the regular notification proce23 dures of such Committees, may use the funds appro24 priated under this heading to procure defense articles and 

25 services to enhance the capacity of foreign security forces: 

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1 Provided further, That of the funds appropriated under 

2 this heading, not less than $3,100,000,000 shall be avail3 able for grants only for Israel which shall be disbursed 

4 within 30 days of enactment of this Act: Provided further, 

5 That to the extent that the Government of Israel requests 

6 that funds be used for such purposes, grants made avail7 able for Israel under this heading shall, as agreed by the 

8 United States and Israel, be available for advanced weap9 ons systems, of which not less than $815,300,000 shall 

10 be available for the procurement in Israel of defense arti11 cles and defense services, including research and develop12 ment: Provided further, That funds appropriated or other13 wise made available under this heading shall be nonrepay14 able notwithstanding any requirement in section 23 of the 

15 Arms Export Control Act: Provided further, That funds 

16 made available under this heading shall be obligated upon 

17 apportionment in accordance with paragraph (5)(C) of 

18 section 1501(a) of title 31, United States Code. 

19 None of the funds made available under this heading 

20 shall be available to finance the procurement of defense 

21 articles, defense services, or design and construction serv22 ices that are not sold by the United States Government 

23 under the Arms Export Control Act unless the foreign 

24 country proposing to make such procurement has first 

25 signed an agreement with the United States Government 

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1 specifying the conditions under which such procurement 

2 may be financed with such funds: Provided, That all coun3 try and funding level increases in allocations shall be sub4 mitted through the regular notification procedures of sec5 tion 7015 of this Act: Provided further, That funds made 

6 available under this heading may be used, notwithstanding 

7 any other provision of law, for demining, the clearance of 

8 unexploded ordnance, and related activities, and may in9 clude activities implemented through nongovernmental 

10 and international organizations: Provided further, That 

11 only those countries for which assistance was justified for 

12 the ‘‘Foreign Military Sales Financing Program’’ in the 

13 fiscal year 1989 congressional presentation for security as14 sistance programs may utilize funds made available under 

15 this heading for procurement of defense articles, defense 

16 services, or design and construction services that are not 

17 sold by the United States Government under the Arms 

18 Export Control Act: Provided further, That funds appro19 priated under this heading shall be expended at the min20 imum rate necessary to make timely payment for defense 

21 articles and services: Provided further, That not more than 

22 $75,000,000 of the funds appropriated under this heading 

23 may be obligated for necessary expenses, including the 

24 purchase of passenger motor vehicles for replacement only 

25 for use outside of the United States, for the general costs 

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1 of administering military assistance and sales, except that 

2 this limitation may be exceeded only through the regular 

3 notification procedures of the Committees on Appropria4 tions: Provided further, That of the funds made available 

5 under this heading for general costs of administering mili6 tary assistance and sales, not to exceed $4,000 may be 

7 available for entertainment expenses and not to exceed 

8 $130,000 may be available for representation expenses: 

9 Provided further, That not more than $950,000,000 of 

10 funds realized pursuant to section 21(e)(1)(A) of the Arms 

11 Export Control Act may be obligated for expenses incurred 

12 by the Department of Defense during fiscal year 2018 

13 pursuant to section 43(b) of the Arms Export Control Act, 

14 except that this limitation may be exceeded only through 

15 the regular notification procedures of the Committees on 

16 Appropriations. 

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1 TITLE V 

2 MULTILATERAL ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

5 For necessary expenses to carry out the provisions 

6 of section 301 of the Foreign Assistance Act of 1961, and 

7 of section 2 of the United Nations Environment Program 

8 Participation Act of 1973 (Public Law 93–188; 87 Stat. 

9 713), $339,000,000: Provided, That section 307(a) of the 

10 Foreign Assistance Act of 1961 shall not apply to con11 tributions to the United Nations Democracy Fund. 

12 INTERNATIONAL FINANCIAL INSTITUTIONS

13 GLOBAL ENVIRONMENT FACILITY

14 For payment to the International Bank for Recon15 struction and Development as trustee for the Global Envi16 ronment Facility by the Secretary of the Treasury, 

17 $139,575,000, to remain available until expended. 

18 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

19 ASSOCIATION

20 For payment to the International Development Asso21 ciation by the Secretary of the Treasury, $1,097,010,000, 

22 to remain available until expended. 

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1 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

2 For payment to the Asian Development Bank’s Asian 

3 Development Fund by the Secretary of the Treasury, 

4 $47,395,000, to remain available until expended. 

5 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

6 For payment to the African Development Bank by 

7 the Secretary of the Treasury for the United States share 

8 of the paid-in portion of the increase in capital stock, 

9 $32,418,000, to remain available until expended. 

10 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

11 The United States Governor of the African Develop12 ment Bank may subscribe without fiscal year limitation 

13 to the callable capital portion of the United States share 

14 of such capital stock in an amount not to exceed 

15 $507,860,808. 

16 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

17 For payment to the African Development Fund by 

18 the Secretary of the Treasury, $171,300,000, to remain 

19 available until expended. 

20 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

21 AGRICULTURAL DEVELOPMENT

22 For payment to the International Fund for Agricul23 tural Development by the Secretary of the Treasury, 

24 $30,000,000, to remain available until expended. 

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1 TITLE VI 

2 EXPORT AND INVESTMENT ASSISTANCE 

3 EXPORT-IMPORT BANK OF THE UNITED STATES

4 INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General in carrying out the provisions of the Inspector 

7 General Act of 1978, as amended, $5,700,000, of which 

8 up to $855,000 may remain available until September 30, 

9 2019. 

10 PROGRAM ACCOUNT

11 The Export-Import Bank of the United States is au12 thorized to make such expenditures within the limits of 

13 funds and borrowing authority available to such corpora14 tion, and in accordance with law, and to make such con15 tracts and commitments without regard to fiscal year limi16 tations, as provided by section 9104 of title 31, United 

17 States Code, as may be necessary in carrying out the pro18 gram for the current fiscal year for such corporation: Pro19 vided, That none of the funds available during the current 

20 fiscal year may be used to make expenditures, contracts, 

21 or commitments for the export of nuclear equipment, fuel, 

22 or technology to any country, other than a nuclear-weapon 

23 state as defined in Article IX of the Treaty on the Non24 Proliferation of Nuclear Weapons eligible to receive eco25 nomic or military assistance under this Act, that has detoMarch 21, 2018 (6:08 p.m.)
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1 nated a nuclear explosive after the date of the enactment 

2 of this Act. 

3 ADMINISTRATIVE EXPENSES

4 For administrative expenses to carry out the direct 

5 and guaranteed loan and insurance programs, including 

6 hire of passenger motor vehicles and services as authorized 

7 by section 3109 of title 5, United States Code, and not 

8 to exceed $30,000 for official reception and representation 

9 expenses for members of the Board of Directors, not to 

10 exceed $110,000,000, of which up to $16,500,000 may re11 main available until September 30, 2019: Provided, That 

12 the Export-Import Bank (the Bank) may accept, and use, 

13 payment or services provided by transaction participants 

14 for legal, financial, or technical services in connection with 

15 any transaction for which an application for a loan, guar16 antee or insurance commitment has been made: Provided 

17 further, That the Bank shall charge fees for necessary ex18 penses (including special services performed on a contract 

19 or fee basis, but not including other personal services) in 

20 connection with the collection of moneys owed the Bank, 

21 repossession or sale of pledged collateral or other assets 

22 acquired by the Bank in satisfaction of moneys owed the 

23 Bank, or the investigation or appraisal of any property, 

24 or the evaluation of the legal, financial, or technical as25 pects of any transaction for which an application for a 

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1 loan, guarantee or insurance commitment has been made, 

2 or systems infrastructure directly supporting transactions: 

3 Provided further, That in addition to other funds appro4 priated for administrative expenses, such fees shall be 

5 credited to this account for such purposes, to remain avail6 able until expended. 

7 RECEIPTS COLLECTED

8 Receipts collected pursuant to the Export-Import 

9 Bank Act of 1945 (Public Law 79–173) and the Federal 

10 Credit Reform Act of 1990, in an amount not to exceed 

11 the amount appropriated herein, shall be credited as off12 setting collections to this account: Provided, That the 

13 sums herein appropriated from the General Fund shall be 

14 reduced on a dollar-for-dollar basis by such offsetting col15 lections so as to result in a final fiscal year appropriation 

16 from the General Fund estimated at $0: Provided further, 

17 That amounts collected in fiscal year 2018 in excess of 

18 obligations, up to $10,000,000 shall become available on 

19 September 1, 2018, and shall remain available until Sep20 tember 30, 2021. 

21 OVERSEAS PRIVATE INVESTMENT CORPORATION

22 NONCREDIT ACCOUNT

23 The Overseas Private Investment Corporation is au24 thorized to make, without regard to fiscal year limitations, 

25 as provided by section 9104 of title 31, United States 

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1 Code, such expenditures and commitments within the lim2 its of funds available to it and in accordance with law as 

3 may be necessary: Provided, That the amount available for 

4 administrative expenses to carry out the credit and insur5 ance programs (including an amount for official reception 

6 and representation expenses which shall not exceed 

7 $35,000) shall not exceed $79,200,000: Provided further, 

8 That project-specific transaction costs, including direct 

9 and indirect costs incurred in claims settlements, and 

10 other direct costs associated with services provided to spe11 cific investors or potential investors pursuant to section 

12 234 of the Foreign Assistance Act of 1961, shall not be 

13 considered administrative expenses for the purposes of this 

14 heading. 

15 PROGRAM ACCOUNT

16 For the cost of direct and guaranteed loans as au17 thorized by section 234 of the Foreign Assistance Act of 

18 1961, $20,000,000, to be derived by transfer from the 

19 Overseas Private Investment Corporation Noncredit Ac20 count, to remain available until September 30, 2020: Pro21 vided, That such costs, including the cost of modifying 

22 such loans, shall be as defined in section 502 of the Con23 gressional Budget Act of 1974: Provided further, That 

24 funds so obligated in fiscal year 2018 remain available for 

25 disbursement through 2026; funds obligated in fiscal year 

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1 2019 remain available for disbursement through 2027; 

2 and funds obligated in fiscal year 2020 remain available 

3 for disbursement through 2028: Provided further, That 

4 notwithstanding any other provision of law, the Overseas 

5 Private Investment Corporation is authorized to undertake 

6 any program authorized by title IV of chapter 2 of part 

7 I of the Foreign Assistance Act of 1961 in Iraq: Provided 

8 further, That funds made available pursuant to the au9 thority of the previous proviso shall be subject to the reg10 ular notification procedures of the Committees on Appro11 priations. 

12 In addition, such sums as may be necessary for ad13 ministrative expenses to carry out the credit program may 

14 be derived from amounts available for administrative ex15 penses to carry out the credit and insurance programs in 

16 the Overseas Private Investment Corporation Noncredit 

17 Account and merged with said account. 

18 TRADE AND DEVELOPMENT AGENCY

19 For necessary expenses to carry out the provisions 

20 of section 661 of the Foreign Assistance Act of 1961, 

21 $79,500,000, to remain available until September 30, 

22 2019: Provided, That of the funds appropriated under this 

23 heading, not more than $5,000 may be available for rep24 resentation and entertainment expenses. 

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1 TITLE VII 

2 GENERAL PROVISIONS 

3 ALLOWANCES AND DIFFERENTIALS

4 SEC. 7001. Funds appropriated under title I of this 

5 Act shall be available, except as otherwise provided, for 

6 allowances and differentials as authorized by subchapter 

7 59 of title 5, United States Code; for services as author8 ized by section 3109 of such title and for hire of passenger 

9 transportation pursuant to section 1343(b) of title 31, 

10 United States Code. 

11 UNOBLIGATED BALANCES REPORT

12 SEC. 7002. Any department or agency of the United 

13 States Government to which funds are appropriated or 

14 otherwise made available by this Act shall provide to the 

15 Committees on Appropriations a quarterly accounting of 

16 cumulative unobligated balances and obligated, but unex17 pended, balances by program, project, and activity, and 

18 Treasury Account Fund Symbol of all funds received by 

19 such department or agency in fiscal year 2018 or any pre20 vious fiscal year, disaggregated by fiscal year: Provided, 

21 That the report required by this section shall be submitted 

22 not later than 30 days after the end of each fiscal quarter 

23 and should specify by account the amount of funds obli24 gated pursuant to bilateral agreements which have not 

25 been further sub-obligated. 

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1 CONSULTING SERVICES

2 SEC. 7003. The expenditure of any appropriation 

3 under title I of this Act for any consulting service through 

4 procurement contract, pursuant to section 3109 of title 

5 5, United States Code, shall be limited to those contracts 

6 where such expenditures are a matter of public record and 

7 available for public inspection, except where otherwise pro8 vided under existing law, or under existing Executive 

9 Order issued pursuant to existing law. 

10 DIPLOMATIC FACILITIES

11 SEC. 7004. (a) CAPITAL SECURITY COST SHARING

12 INFORMATION.—The Secretary of State shall promptly in13 form the Committees on Appropriations of each instance 

14 in which a Federal department or agency is delinquent in 

15 providing the full amount of funding required by section 

16 604(e) of the Secure Embassy Construction and Counter17 terrorism Act of 1999 (22 U.S.C. 4865 note). 

18 (b) EXCEPTION.—Notwithstanding paragraph (2) of 

19 section 604(e) of the Secure Embassy Construction and 

20 Counterterrorism Act of 1999 (title VI of division A of 

21 H.R. 3427, as enacted into law by section 1000(a)(7) of 

22 Public Law 106–113 and contained in appendix G of that 

23 Act), as amended by section 111 of the Department of 

24 State Authorities Act, Fiscal Year 2017 (Public Law 114– 

25 323), a project to construct a facility of the United States 

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1 may include office space or other accommodations for 

2 members of the United States Marine Corps. 

3 (c) NEW DIPLOMATIC FACILITIES.—For the pur4 poses of calculating the fiscal year 2018 costs of providing 

5 new United States diplomatic facilities in accordance with 

6 section 604(e) of the Secure Embassy Construction and 

7 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 

8 Secretary of State, in consultation with the Director of 

9 the Office of Management and Budget, shall determine the 

10 annual program level and agency shares in a manner that 

11 is proportional to the contribution of the Department of 

12 State for this purpose: Provided, That funds appropriated 

13 by this Act that are made available for departments and 

14 agencies of the United States Government shall be made 

15 available for the Capital Security Cost Sharing Program 

16 and the Maintenance Cost Sharing Program at levels not 

17 less than the prior fiscal year. 

18 (d) CONSULTATION AND NOTIFICATION.—Funds ap19 propriated by this Act and prior Acts making appropria20 tions for the Department of State, foreign operations, and 

21 related programs, which may be made available for the 

22 acquisition of property or award of construction contracts 

23 for overseas United States diplomatic facilities during fis24 cal year 2018, shall be subject to prior consultation with, 

25 and the regular notification procedures of, the Committees 

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1 on Appropriations: Provided, That notifications pursuant 

2 to this subsection shall include the information enumer3 ated under the heading ‘‘Embassy Security, Construction, 

4 and Maintenance’’ in House Report 115–253 and Senate 

5 Report 114–290: Provided further, That any such notifica6 tion for a new diplomatic facility justified to the Commit7 tees on Appropriations in the Congressional Budget Jus8 tification, Department of State, Foreign Operations, and 

9 Related Programs, Fiscal Year 2018, or not previously 

10 justified to such Committees, shall also include confirma11 tion that the Department of State has completed the req12 uisite value engineering studies required pursuant to OMB 

13 Circular A–131, Value Engineering December 31, 2013 

14 and the Bureau of Overseas Building Operations Policy 

15 and Procedure Directive, P&PD, Cost 02: Value Engineer16 ing. 

17 (e) INTERIM AND TEMPORARY FACILITIES

18 ABROAD.— 

19 (1) SECURITY VULNERABILITIES.—Funds ap20 propriated by this Act under the heading ‘‘Embassy 

21 Security, Construction, and Maintenance’’ may be 

22 made available, following consultation with the ap23 propriate congressional committees, to address secu24 rity vulnerabilities at interim and temporary United 

25 States diplomatic facilities abroad, including physical 

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1 security upgrades and local guard staffing, except 

2 that the amount of funds made available for such 

3 purposes from this Act and prior Acts making ap4 propriations for the Department of State, foreign 

5 operations, and related programs shall be a min6 imum of $25,000,000. 

7 (2) CONSULTATION.—Notwithstanding any 

8 other provision of law, the opening, closure, or any 

9 significant modification to an interim or temporary 

10 United States diplomatic facility shall be subject to 

11 prior consultation with the appropriate congressional 

12 committees and the regular notification procedures 

13 of the Committees on Appropriations, except that 

14 such consultation and notification may be waived if 

15 there is a security risk to personnel. 

16 (f) TRANSFER OF FUNDS AUTHORITY.—Funds ap17 propriated under the heading ‘‘Diplomatic and Consular 

18 Programs’’, including for Worldwide Security Protection, 

19 and under the heading ‘‘Embassy Security, Construction, 

20 and Maintenance’’ in this Act may be transferred to, and 

21 merged with, funds appropriated under such headings if 

22 the Secretary of State determines and reports to the Com23 mittees on Appropriations that to do so is necessary to 

24 implement the recommendations of the Benghazi Account25 ability Review Board, or to prevent or respond to security 

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1 situations and requirements, following consultation with, 

2 and subject to the regular notification procedures of, such 

3 Committees: Provided, That such transfer authority is in 

4 addition to any transfer authority otherwise available 

5 under any other provision of law. 

6 (g) SOFT TARGETS.—Funds appropriated by this Act 

7 under the heading ‘‘Embassy Security, Construction, and 

8 Maintenance’’ may be made available for security up9 grades to soft targets, including schools, recreational fa10 cilities, and residences used by United States diplomatic 

11 personnel and their dependents, except that the amount 

12 made available for such purposes shall be a minimum of 

13 $10,000,000. 

14 (h) SECURE RESUPPLY AND MAINTENANCE.—The 

15 Secretary of State may not grant final approval for the 

16 construction of a new facility or substantial construction 

17 to improve or expand an existing facility in the United 

18 States by or for the Government of the People’s Republic 

19 of China until the Secretary certifies and reports to the 

20 appropriate congressional committees that an agreement 

21 has been concluded between the Governments of the 

22 United States and the People’s Republic of China that 

23 permits secure resupply, maintenance, and new construc24 tion of United States Government facilities in the People’s 

25 Republic of China. 

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1 (i) NEW EMBASSY COMPOUND KINSHASA.—Of the 

2 funds appropriated by this Act under the heading ‘‘Peace3 keeping Operations’’ that are made available for the cen4 tral Government of the Democratic Republic of the Congo, 

5 25 percent shall be withheld from obligation until the Sec6 retary of State certifies and reports to the Committees on 

7 Appropriations that such Government has fully vacated 

8 the property purchased by the United States in Kinshasa 

9 for the construction of a New Embassy Compound. 

10 (j) REPORTS.— 

11 (1) None of the funds appropriated under the 

12 heading ‘‘Embassy Security, Construction, and 

13 Maintenance’’ in this Act and prior Acts making ap14 propriations for the Department of State, foreign 

15 operations, and related programs, made available 

16 through Federal agency Capital Security Cost Shar17 ing contributions and reimbursements, or generated 

18 from the proceeds of real property sales, other than 

19 from real property sales located in London, United 

20 Kingdom, may be made available for site acquisition 

21 and mitigation, planning, design, or construction of 

22 the New London Embassy: Provided, That the re23 porting requirement contained in section 7004(f)(2) 

24 of the Department of State, Foreign Operations, and 

25 Related Programs Appropriations Act, 2012 (diviMarch 21, 2018 (6:08 p.m.)
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1 sion I of Public Law 112–74) shall remain in effect 

2 during fiscal year 2018. 

3 (2) Within 45 days of enactment of this Act 

4 and every 4 months thereafter until September 30, 

5 2019, the Secretary of State shall submit to the 

6 Committees on Appropriations a report on the new 

7 Mexico City Embassy, New Delhi Embassy, and Bei8 rut Embassy projects: Provided, That such report 

9 shall include, for each of the projects— 

10 (A) a detailed breakout of the project fac11 tors that formed the basis of the initial cost es12 timate used to justify such project to the Com13 mittees on Appropriations, as described under 

14 the heading ‘‘Embassy Security, Construction, 

15 and Maintenance’’ in House Report 115–253; 

16 (B) a comparison of the current project 

17 factors as compared to the project factors sub18 mitted pursuant to subparagraph (A) of this 

19 subsection, and an explanation of any changes; 

20 and 

21 (C) the impact of currency exchange rate 

22 fluctuations on project costs. 

23 PERSONNEL ACTIONS

24 SEC. 7005. Any costs incurred by a department or 

25 agency funded under title I of this Act resulting from perMarch 21, 2018 (6:08 p.m.)
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1 sonnel actions taken in response to funding reductions in2 cluded in this Act shall be absorbed within the total budg3 etary resources available under title I to such department 

4 or agency: Provided, That the authority to transfer funds 

5 between appropriations accounts as may be necessary to 

6 carry out this section is provided in addition to authorities 

7 included elsewhere in this Act: Provided further, That use 

8 of funds to carry out this section shall be treated as a 

9 reprogramming of funds under section 7015 of this Act. 

10 DEPARTMENT OF STATE MANAGEMENT

11 SEC. 7006. (a) FINANCIAL SYSTEMS IMPROVE12 MENT.—Funds appropriated by this Act for the operations 

13 of the Department of State under the headings ‘‘Diplo14 matic and Consular Programs’’ and ‘‘Capital Investment 

15 Fund’’ shall be made available to implement the rec16 ommendations contained in the Foreign Assistance Data 

17 Review Findings Report (FADR) and the Office of Inspec18 tor General (OIG) report entitled ‘‘Department Financial 

19 Systems Are Insufficient to Track and Report on Foreign 

20 Assistance Funds’’: Provided, That not later than 45 days 

21 after enactment of this Act, the Secretary of State shall 

22 submit to the Committees on Appropriations an update 

23 to the plan required under section 7006 of the Department 

24 of State, Foreign Operations, and Related Programs Ap25 propriations Act, 2017 (division J of Public Law 115–31) 

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1 for implementing the FADR and OIG recommendations: 

2 Provided further, That such funds may not be obligated 

3 for enhancements to, or expansions of, the Budget System 

4 Modernization Financial System, Central Resource Man5 agement System, Joint Financial Management System, or 

6 Foreign Assistance Coordination and Tracking System 

7 until such updated plan is submitted to the Committees 

8 on Appropriations: Provided further, That such funds may 

9 not be obligated for new, or expansion of existing, ad hoc 

10 electronic systems to track commitments, obligations, or 

11 expenditures of funds unless the Secretary of State, fol12 lowing consultation with the Chief Information Officer of 

13 the Department of State, has reviewed and certified that 

14 such new system or expansion is consistent with the 

15 FADR and OIG recommendations. 

16 (b) WORKING CAPITAL FUND.—Funds appropriated 

17 by this Act or otherwise made available to the Department 

18 of State for payments to the Working Capital Fund may 

19 only be used for the service centers included in the Con20 gressional Budget Justification, Department of State, 

21 Foreign Operations, and Related Programs, Fiscal Year 

22 2018: Provided, That the amounts for such service centers 

23 shall be the amounts included in such budget justification, 

24 except as provided in section 7015(b) of this Act: Provided 

25 further, That Federal agency components shall be charged 

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1 only for their direct usage of each Working Capital Fund 

2 service: Provided further, That prior to increasing the per3 centage charged to Department of State bureaus and of4 fices for procurement-related activities, the Secretary of 

5 State shall include the proposed increase in the Depart6 ment of State budget justification or, at least 60 days 

7 prior to the increase, provide the Committees on Appro8 priations a justification for such increase, including a de9 tailed assessment of the cost and benefit of the services 

10 provided by the procurement fee: Provided further, That 

11 Federal agency components may only pay for Working 

12 Capital Fund services that are consistent with the purpose 

13 and authorities of such components: Provided further, 

14 That the Working Capital Fund shall be paid in advance 

15 or reimbursed at rates which will return the full cost of 

16 each service. 

17 (c) CERTIFICATION.— 

18 (1) Not later than 45 days after the initial obli19 gation of funds appropriated under titles III and IV 

20 of this Act that are made available to a Department 

21 of State bureau or office with responsibility for the 

22 management and oversight of such funds, the Sec23 retary of State shall certify and report to the Com24 mittees on Appropriations, on an individual bureau 

25 or office basis, that such bureau or office is in comMarch 21, 2018 (6:08 p.m.)
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1 pliance with Department and Federal financial and 

2 grants management policies, procedures, and regula3 tions, as applicable. 

4 (2) When making a certification required by 

5 paragraph (1), the Secretary of State shall consider 

6 the capacity of a bureau or office to— 

7 (A) account for the obligated funds at the 

8 country and program level, as appropriate; 

9 (B) identify risks and develop mitigation 

10 and monitoring plans; 

11 (C) establish performance measures and 

12 indicators; 

13 (D) review activities and performance; and 

14 (E) assess final results and reconcile fi15 nances. 

16 (3) If the Secretary of State is unable to make 

17 a certification required by paragraph (1), the Sec18 retary shall submit a plan and timeline detailing the 

19 steps to be taken to bring such bureau or office into 

20 compliance. 

21 (4) The report accompanying a certification re22 quired by paragraph (1) shall include the require23 ments contained under this section in the explana24 tory statement described in section 4 (in the matter 

25 preceding division A of this consolidated Act). 

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1 (d) REPORT ON SOLE SOURCE AWARDS.—Not later 

2 than December 31, 2018, the Secretary of State shall sub3 mit a report to the appropriate congressional committees 

4 detailing all sole-source awards made by the Department 

5 of State during the previous fiscal year in excess of 

6 $2,000,000: Provided, That such report should be posted 

7 on the Department of State Web site. 

8 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

9 COUNTRIES

10 SEC. 7007. None of the funds appropriated or other11 wise made available pursuant to titles III through VI of 

12 this Act shall be obligated or expended to finance directly 

13 any assistance or reparations for the governments of 

14 Cuba, North Korea, Iran, or Syria: Provided, That for 

15 purposes of this section, the prohibition on obligations or 

16 expenditures shall include direct loans, credits, insurance, 

17 and guarantees of the Export-Import Bank or its agents. 

18 COUPS D’E ́TAT

19 SEC. 7008. None of the funds appropriated or other20 wise made available pursuant to titles III through VI of 

21 this Act shall be obligated or expended to finance directly 

22 any assistance to the government of any country whose 

23 duly elected head of government is deposed by military 

24 coup d’e ́tat or decree or, after the date of enactment of 

25 this Act, a coup d’e ́tat or decree in which the military 

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1 plays a decisive role: Provided, That assistance may be re2 sumed to such government if the Secretary of State cer3 tifies and reports to the appropriate congressional commit4 tees that subsequent to the termination of assistance a 

5 democratically elected government has taken office: Pro6 vided further, That the provisions of this section shall not 

7 apply to assistance to promote democratic elections or 

8 public participation in democratic processes: Provided fur9 ther, That funds made available pursuant to the previous 

10 provisos shall be subject to the regular notification proce11 dures of the Committees on Appropriations. 

12 TRANSFER OF FUNDS AUTHORITY

13 SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD14 CASTING BOARD OF GOVERNORS.— 

15 (1) DEPARTMENT OF STATE.—Not to exceed 5 

16 percent of any appropriation made available for the 

17 current fiscal year for the Department of State 

18 under title I of this Act may be transferred between, 

19 and merged with, such appropriations, but no such 

20 appropriation, except as otherwise specifically pro21 vided, shall be increased by more than 10 percent by 

22 any such transfers, and no such transfer may be 

23 made to increase the appropriation under the head24 ing ‘‘Representation Expenses’’. 

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1 (2) BROADCASTING BOARD OF GOVERNORS.— 

2 Not to exceed 5 percent of any appropriation made 

3 available for the current fiscal year for the Broad4 casting Board of Governors under title I of this Act 

5 may be transferred between, and merged with, such 

6 appropriations, but no such appropriation, except as 

7 otherwise specifically provided, shall be increased by 

8 more than 10 percent by any such transfers. 

9 (3) TREATMENT AS REPROGRAMMING.—Any 

10 transfer pursuant to this subsection shall be treated 

11 as a reprogramming of funds under section 7015 of 

12 this Act and shall not be available for obligation or 

13 expenditure except in compliance with the proce14 dures set forth in that section. 

15 (b) TITLE VI AGENCIES.—Not to exceed 5 percent 

16 of any appropriation, other than for administrative ex17 penses made available for fiscal year 2018, for programs 

18 under title VI of this Act may be transferred between such 

19 appropriations for use for any of the purposes, programs, 

20 and activities for which the funds in such receiving ac21 count may be used, but no such appropriation, except as 

22 otherwise specifically provided, shall be increased by more 

23 than 25 percent by any such transfer: Provided, That the 

24 exercise of such authority shall be subject to the regular 

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1 notification procedures of the Committees on Appropria2 tions. 

3 (c) LIMITATION ON TRANSFERS OF FUNDS BE4 TWEEN AGENCIES.— 

5 (1) IN GENERAL.—None of the funds made 

6 available under titles II through V of this Act may 

7 be transferred to any department, agency, or instru8 mentality of the United States Government, except 

9 pursuant to a transfer made by, or transfer author10 ity provided in, this Act or any other appropriations 

11 Act. 

12 (2) ALLOCATION AND TRANSFERS.—Notwith13 standing paragraph (1), in addition to transfers 

14 made by, or authorized elsewhere in, this Act, funds 

15 appropriated by this Act to carry out the purposes 

16 of the Foreign Assistance Act of 1961 may be allo17 cated or transferred to agencies of the United States 

18 Government pursuant to the provisions of sections 

19 109, 610, and 632 of the Foreign Assistance Act of 

20 1961. 

21 (3) NOTIFICATION.—Any agreement entered 

22 into by the United States Agency for International 

23 Development or the Department of State with any 

24 department, agency, or instrumentality of the United 

25 States Government pursuant to section 632(b) of the 

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1 Foreign Assistance Act of 1961 valued in excess of 

2 $1,000,000 and any agreement made pursuant to 

3 section 632(a) of such Act, with funds appropriated 

4 by this Act or prior Acts making appropriations for 

5 the Department of State, foreign operations, and re6 lated programs under the headings ‘‘Global Health 

7 Programs’’, ‘‘Development Assistance’’, ‘‘Economic 

8 Support Fund’’, and ‘‘Assistance for Europe, Eur9 asia and Central Asia’’ shall be subject to the reg10 ular notification procedures of the Committees on 

11 Appropriations: Provided, That the requirement in 

12 the previous sentence shall not apply to agreements 

13 entered into between USAID and the Department of 

14 State. 

15 (d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.— 

16 None of the funds made available under titles II through 

17 V of this Act may be obligated under an appropriations 

18 account to which such funds were not appropriated, except 

19 for transfers specifically provided for in this Act, unless 

20 the President, not less than 5 days prior to the exercise 

21 of any authority contained in the Foreign Assistance Act 

22 of 1961 to transfer funds, consults with and provides a 

23 written policy justification to the Committees on Appro24 priations. 

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1 (e) AUDIT OF INTER-AGENCY TRANSFERS OF

2 FUNDS.—Any agreement for the transfer or allocation of 

3 funds appropriated by this Act or prior Acts making ap4 propriations for the Department of State, foreign oper5 ations and related programs, entered into between the De6 partment of State or USAID and another agency of the 

7 United States Government under the authority of section 

8 632(a) of the Foreign Assistance Act of 1961 or any com9 parable provision of law, shall expressly provide that the 

10 Inspector General (IG) for the agency receiving the trans11 fer or allocation of such funds, or other entity with audit 

12 responsibility if the receiving agency does not have an IG, 

13 shall perform periodic program and financial audits of the 

14 use of such funds and report to the Department of State 

15 or USAID, as appropriate, upon completion of such au16 dits: Provided, That such audits shall be transmitted to 

17 the Committees on Appropriations by the Department of 

18 State or USAID, as appropriate: Provided further, That 

19 funds transferred under such authority may be made 

20 available for the cost of such audits. 

21 (f) REPORT.—Not later than 90 days after enactment 

22 of this Act, the Secretary of State and the USAID Admin23 istrator shall each submit a report to the Committees on 

24 Appropriations detailing all transfers to another agency 

25 of the United States Government made pursuant to secMarch 21, 2018 (6:08 p.m.)
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1 tions 632(a) and 632(b) of the Foreign Assistance Act of 

2 1961 with funds provided in the Department of State, 

3 Foreign Operations, and Related Programs Appropria4 tions Act, 2017 (division J of Public Law 115–31) as of 

5 the date of enactment of this Act: Provided, That such 

6 reports shall include a list of each transfer made pursuant 

7 to such sections with the respective funding level, appro8 priation account, and the receiving agency. 

9 PROHIBITION ON CERTAIN OPERATIONAL EXPENSES

10 SEC. 7010. (a) FIRST-CLASS TRAVEL.—None of the 

11 funds made available by this Act may be used for first12 class travel by employees of United States Government de13 partments and agencies funded by this Act in contraven14 tion of section 301–10.122 through 301–10.124 of title 

15 41, Code of Federal Regulations. 

16 (b) COMPUTER NETWORKS.—None of the funds 

17 made available by this Act for the operating expenses of 

18 any United States Government department or agency may 

19 be used to establish or maintain a computer network for 

20 use by such department or agency unless such network 

21 has filters designed to block access to sexually explicit Web 

22 sites: Provided, That nothing in this subsection shall limit 

23 the use of funds necessary for any Federal, State, tribal, 

24 or local law enforcement agency, or any other entity car25 rying out the following activities: criminal investigations, 

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1 prosecutions, and adjudications; administrative discipline; 

2 and the monitoring of such Web sites undertaken as part 

3 of official business. 

4 (c) PROHIBITION ON PROMOTION OF TOBACCO.— 

5 None of the funds made available by this Act should be 

6 available to promote the sale or export of tobacco or to7 bacco products, or to seek the reduction or removal by any 

8 foreign country of restrictions on the marketing of tobacco 

9 or tobacco products, except for restrictions which are not 

10 applied equally to all tobacco or tobacco products of the 

11 same type. 

12 AVAILABILITY OF FUNDS

13 SEC. 7011. No part of any appropriation contained 

14 in this Act shall remain available for obligation after the 

15 expiration of the current fiscal year unless expressly so 

16 provided by this Act: Provided, That funds appropriated 

17 for the purposes of chapters 1 and 8 of part I, section 

18 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 

19 Assistance Act of 1961, section 23 of the Arms Export 

20 Control Act, and funds provided under the headings ‘‘De21 velopment Credit Authority’’ and ‘‘Assistance for Europe, 

22 Eurasia and Central Asia’’ shall remain available for an 

23 additional 4 years from the date on which the availability 

24 of such funds would otherwise have expired, if such funds 

25 are initially obligated before the expiration of their respecMarch 21, 2018 (6:08 p.m.)
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1 tive periods of availability contained in this Act: Provided 

2 further, That the availability of funds pursuant to the pre3 vious proviso shall not be applicable to such funds until 

4 the Secretary of State submits the report required under 

5 section 7011 of the Department of State, Foreign Oper6 ations, and Related Programs Appropriations Act, 2016 

7 (division K of Public Law 114–113): Provided further, 

8 That notwithstanding any other provision of this Act, any 

9 funds made available for the purposes of chapter 1 of part 

10 I and chapter 4 of part II of the Foreign Assistance Act 

11 of 1961 which are allocated or obligated for cash disburse12 ments in order to address balance of payments or eco13 nomic policy reform objectives, shall remain available for 

14 an additional 4 years from the date on which the avail15 ability of such funds would otherwise have expired, if such 

16 funds are initially allocated or obligated before the expira17 tion of their respective periods of availability contained in 

18 this Act: Provided further, That the Secretary of State 

19 shall provide a report to the Committees on Appropria20 tions not later than October 30, 2018, detailing by ac21 count and source year, the use of this authority during 

22 the previous fiscal year. 

23 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

24 SEC. 7012. No part of any appropriation provided 

25 under titles III through VI in this Act shall be used to 

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1 furnish assistance to the government of any country which 

2 is in default during a period in excess of 1 calendar year 

3 in payment to the United States of principal or interest 

4 on any loan made to the government of such country by 

5 the United States pursuant to a program for which funds 

6 are appropriated under this Act unless the President de7 termines, following consultation with the Committees on 

8 Appropriations, that assistance for such country is in the 

9 national interest of the United States. 

10 PROHIBITION ON TAXATION OF UNITED STATES

11 ASSISTANCE

12 SEC. 7013. (a) PROHIBITION ON TAXATION.—None 

13 of the funds appropriated under titles III through VI of 

14 this Act may be made available to provide assistance for 

15 a foreign country under a new bilateral agreement gov16 erning the terms and conditions under which such assist17 ance is to be provided unless such agreement includes a 

18 provision stating that assistance provided by the United 

19 States shall be exempt from taxation, or reimbursed, by 

20 the foreign government, and the Secretary of State and 

21 the Administrator of the United States Agency for Inter22 national Development shall expeditiously seek to negotiate 

23 amendments to existing bilateral agreements, as nec24 essary, to conform with this requirement. 

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1 (b) NOTIFICATION AND REIMBURSEMENT OF FOR2 EIGN TAXES.—An amount equivalent to 200 percent of 

3 the total taxes assessed during fiscal year 2018 on funds 

4 appropriated by this Act and prior Acts making appropria5 tions for the Department of State, foreign operations, and 

6 related programs by a foreign government or entity 

7 against United States assistance programs, either directly 

8 or through grantees, contractors, and subcontractors, shall 

9 be withheld from obligation from funds appropriated for 

10 assistance for fiscal year 2019 and for prior fiscal years 

11 and allocated for the central government of such country 

12 or for the West Bank and Gaza program, as applicable, 

13 if, not later than September 30, 2019, such taxes have 

14 not been reimbursed: Provided, That the Secretary of 

15 State shall report to the Committees on Appropriations 

16 by such date on the foreign governments and entities that 

17 have not reimbursed such taxes, including any amount of 

18 funds withheld pursuant to this subsection. 

19 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

20 minimis nature shall not be subject to the provisions of 

21 subsection (b). 

22 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

23 from obligation for each foreign government or entity pur24 suant to subsection (b) shall be reprogrammed for assist25 ance for countries which do not assess taxes on United 

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1 States assistance or which have an effective arrangement 

2 that is providing substantial reimbursement of such taxes, 

3 and that can reasonably accommodate such assistance in 

4 a programmatically responsible manner. 

5 (e) DETERMINATIONS.— 

6 (1) IN GENERAL.—The provisions of this sec7 tion shall not apply to any foreign government or en8 tity that assesses such taxes if the Secretary of 

9 State reports to the Committees on Appropriations 

10 that— 

11 (A) such foreign government or entity has 

12 an effective arrangement that is providing sub13 stantial reimbursement of such taxes; or 

14 (B) the foreign policy interests of the 

15 United States outweigh the purpose of this sec16 tion to ensure that United States assistance is 

17 not subject to taxation. 

18 (2) CONSULTATION.—The Secretary of State 

19 shall consult with the Committees on Appropriations 

20 at least 15 days prior to exercising the authority of 

21 this subsection with regard to any foreign govern22 ment or entity. 

23 (f) IMPLEMENTATION.—The Secretary of State shall 

24 issue and update rules, regulations, or policy guidance, as 

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1 appropriate, to implement the prohibition against the tax2 ation of assistance contained in this section. 

3 (g) DEFINITIONS.—As used in this section: 

4 (1) BILATERAL AGREEMENT.—The term ‘‘bilat5 eral agreement’’ refers to a framework bilateral 

6 agreement between the Government of the United 

7 States and the government of the country receiving 

8 assistance that describes the privileges and immuni9 ties applicable to United States foreign assistance 

10 for such country generally, or an individual agree11 ment between the Government of the United States 

12 and such government that describes, among other 

13 things, the treatment for tax purposes that will be 

14 accorded the United States assistance provided 

15 under that agreement. 

16 (2) TAXES AND TAXATION.—The term ‘‘taxes 

17 and taxation’’ shall include value added taxes and 

18 customs duties but shall not include individual in19 come taxes assessed to local staff. 

20 (h) REPORT.—Not later than 90 days after enact21 ment of this Act, the Secretary of State, in consultation 

22 with the heads of other relevant agencies of the United 

23 States Government, shall submit a report to the Commit24 tees on Appropriations on the requirements contained 

25 under this section in the explanatory statement described 

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

2 consolidated Act). 

3 RESERVATIONS OF FUNDS

4 SEC. 7014. (a) REPROGRAMMING.—Funds appro5 priated under titles III through VI of this Act which are 

6 specifically designated may be reprogrammed for other 

7 programs within the same account notwithstanding the 

8 designation if compliance with the designation is made im9 possible by operation of any provision of this or any other 

10 Act: Provided, That any such reprogramming shall be sub11 ject to the regular notification procedures of the Commit12 tees on Appropriations: Provided further, That assistance 

13 that is reprogrammed pursuant to this subsection shall be 

14 made available under the same terms and conditions as 

15 originally provided. 

16 (b) EXTENSION OF AVAILABILITY.—In addition to 

17 the authority contained in subsection (a), the original pe18 riod of availability of funds appropriated by this Act and 

19 administered by the Department of State or the United 

20 States Agency for International Development that are spe21 cifically designated for particular programs or activities by 

22 this or any other Act may be extended for an additional 

23 fiscal year if the Secretary of State or the USAID Admin24 istrator, as appropriate, determines and reports promptly 

25 to the Committees on Appropriations that the termination 

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1 of assistance to a country or a significant change in cir2 cumstances makes it unlikely that such designated funds 

3 can be obligated during the original period of availability: 

4 Provided, That such designated funds that continue to be 

5 available for an additional fiscal year shall be obligated 

6 only for the purpose of such designation. 

7 (c) OTHER ACTS.—Ceilings and specifically des8 ignated funding levels contained in this Act shall not be 

9 applicable to funds or authorities appropriated or other10 wise made available by any subsequent Act unless such 

11 Act specifically so directs: Provided, That specifically des12 ignated funding levels or minimum funding requirements 

13 contained in any other Act shall not be applicable to funds 

14 appropriated by this Act. 

15 NOTIFICATION REQUIREMENTS

16 SEC. 7015. (a) NOTIFICATION OF CHANGES IN PRO17 GRAMS, PROJECTS, AND ACTIVITIES.—None of the funds 

18 made available in titles I and II of this Act or prior Acts 

19 making appropriations for the Department of State, for20 eign operations, and related programs to the departments 

21 and agencies funded by this Act that remain available for 

22 obligation in fiscal year 2018, or provided from any ac23 counts in the Treasury of the United States derived by 

24 the collection of fees or of currency reflows or other offset25 ting collections, or made available by transfer, to the deMarch 21, 2018 (6:08 p.m.)
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1 partments and agencies funded by this Act, shall be avail2 able for obligation to— 

3 (1) create new programs; 

4 (2) suspend or eliminate a program, project, or 

5 activity; 

6 (3) close, suspend, open, or reopen a mission or 

7 post; 

8 (4) create, close, reorganize, downsize, or re9 name bureaus, centers, or offices; or 

10 (5) contract out or privatize any functions or 

11 activities presently performed by Federal employees; 

12 unless previously justified to the Committees on Appro13 priations or such Committees are notified 15 days in ad14 vance of such obligation. 

15 (b) NOTIFICATION OF REPROGRAMMING OF

16 FUNDS.—None of the funds provided under titles I and 

17 II of this Act or prior Acts making appropriations for the 

18 Department of State, foreign operations, and related pro19 grams, to the departments and agencies funded under ti20 tles I and II of this Act that remain available for obliga21 tion in fiscal year 2018, or provided from any accounts 

22 in the Treasury of the United States derived by the collec23 tion of fees available to the department and agency funded 

24 under title I of this Act, shall be available for obligation 

25 or expenditure for activities, programs, or projects 

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1 through a reprogramming of funds in excess of 

2 $1,000,000 or 10 percent, whichever is less, that— 

3 (1) augments or changes existing programs, 

4 projects, or activities; 

5 (2) relocates an existing office or employees; 

6 (3) reduces by 10 percent funding for any exist7 ing program, project, or activity, or numbers of per8 sonnel by 10 percent as approved by Congress; or 

9 (4) results from any general savings, including 

10 savings from a reduction in personnel, which would 

11 result in a change in existing programs, activities, or 

12 projects as approved by Congress; 

13 unless the Committees on Appropriations are notified 15 

14 days in advance of such reprogramming of funds. 

15 (c) NOTIFICATION REQUIREMENT.—None of the 

16 funds made available by this Act under the headings 

17 ‘‘Global Health Programs’’, ‘‘Development Assistance’’, 

18 ‘‘International Organizations and Programs’’, ‘‘Trade and 

19 Development Agency’’, ‘‘International Narcotics Control 

20 and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘De21 mocracy Fund’’, ‘‘Assistance for Europe, Eurasia and 

22 Central Asia’’, ‘‘Peacekeeping Operations’’, ‘‘Non23 proliferation, Anti-terrorism, Demining and Related Pro24 grams’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign 

25 Military Financing Program’’, ‘‘International Military 

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1 Education and Training’’, and ‘‘Peace Corps’’, shall be 

2 available for obligation for activities, programs, projects, 

3 type of materiel assistance, countries, or other operations 

4 not justified or in excess of the amount justified to the 

5 Committees on Appropriations for obligation under any of 

6 these specific headings unless the Committees on Appro7 priations are notified 15 days in advance of such obliga8 tion: Provided, That the President shall not enter into any 

9 commitment of funds appropriated for the purposes of sec10 tion 23 of the Arms Export Control Act for the provision 

11 of major defense equipment, other than conventional am12 munition, or other major defense items defined to be air13 craft, ships, missiles, or combat vehicles, not previously 

14 justified to Congress or 20 percent in excess of the quan15 tities justified to Congress unless the Committees on Ap16 propriations are notified 15 days in advance of such com17 mitment: Provided further, That requirements of this sub18 section or any similar provision of this or any other Act 

19 shall not apply to any reprogramming for an activity, pro20 gram, or project for which funds are appropriated under 

21 titles III through VI of this Act of less than 10 percent 

22 of the amount previously justified to Congress for obliga23 tion for such activity, program, or project for the current 

24 fiscal year: Provided further, That any notification sub25 mitted pursuant to subsection (f) of this section shall inMarch 21, 2018 (6:08 p.m.)
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1 clude information (if known on the date of transmittal of 

2 such notification) on the use of notwithstanding authority: 

3 Provided further, That if subsequent to the notification of 

4 assistance it becomes necessary to rely on notwithstanding 

5 authority, the Committees on Appropriations should be in6 formed at the earliest opportunity and to the extent prac7 ticable. 

8 (d) DEPARTMENT OF DEFENSE PROGRAMS AND

9 FUNDING NOTIFICATIONS.— 

10 (1) PROGRAMS.—None of the funds appro11 priated by this Act or prior Acts making appropria12 tions for the Department of State, foreign oper13 ations, and related programs may be made available 

14 to support or continue any program initially funded 

15 under any authority of title 10, United States Code, 

16 or any Act making or authorizing appropriations for 

17 the Department of Defense, unless the Secretary of 

18 State, in consultation with the Secretary of Defense 

19 and in accordance with the regular notification pro20 cedures of the Committees on Appropriations, sub21 mits a justification to such Committees that includes 

22 a description of, and the estimated costs associated 

23 with, the support or continuation of such program. 

24 (2) FUNDING.—Notwithstanding any other pro25 vision of law, with the exception of funds transferred 

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1 to, and merged with, funds appropriated under title 

2 I of this Act, funds transferred by the Department 

3 of Defense to the Department of State and the 

4 United States Agency for International Development 

5 for assistance for foreign countries and international 

6 organizations shall be subject to the regular notifica7 tion procedures of the Committees on Appropria8 tions. 

9 (e) WAIVER.—The requirements of this section or 

10 any similar provision of this Act or any other Act, includ11 ing any prior Act requiring notification in accordance with 

12 the regular notification procedures of the Committees on 

13 Appropriations, may be waived if failure to do so would 

14 pose a substantial risk to human health or welfare: Pro15 vided, That in case of any such waiver, notification to the 

16 Committees on Appropriations shall be provided as early 

17 as practicable, but in no event later than 3 days after tak18 ing the action to which such notification requirement was 

19 applicable, in the context of the circumstances necessi20 tating such waiver: Provided further, That any notification 

21 provided pursuant to such a waiver shall contain an expla22 nation of the emergency circumstances. 

23 (f) COUNTRY NOTIFICATION REQUIREMENTS.—None 

24 of the funds appropriated under titles III through VI of 

25 this Act may be obligated or expended for assistance for 

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1 Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Colom2 bia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Guate3 mala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mex4 ico, Pakistan, Philippines, the Russian Federation, Soma5 lia, South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, 

6 Venezuela, Yemen, and Zimbabwe except as provided 

7 through the regular notification procedures of the Com8 mittees on Appropriations. 

9 (g) TRUST FUNDS.—Funds appropriated or other10 wise made available in title III of this Act and prior Acts 

11 making funds available for the Department of State, for12 eign operations, and related programs that are made avail13 able for a trust fund held by an international financial 

14 institution as defined by section 7034(r)(3) of this Act 

15 shall be subject to the regular notification procedures of 

16 the Committees on Appropriations: Provided, That such 

17 notification shall include the information specified under 

18 this section in the explanatory statement described in sec19 tion 4 (in the matter preceding division A of this consoli20 dated Act). 

21 (h) OTHER PROGRAM NOTIFICATION REQUIRE22 MENT.— 

23 (1) DIPLOMATIC AND CONSULAR PROGRAMS.— 

24 Funds appropriated under title I of this Act under 

25 the heading ‘‘Diplomatic and Consular Programs’’ 

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1 that are made available for a pilot program for lat2 eral entry into the Foreign Service shall be subject 

3 to prior consultation with, and the regular notifica4 tion procedures of, the Committees on Appropria5 tions. 

6 (2) OTHER PROGRAMS.—Funds appropriated by 

7 this Act that are made available for the following 

8 programs and activities shall be subject to the reg9 ular notification procedures of the Committees on 

10 Appropriations— 

11 (A) The Global Engagement Center, except 

12 that the Secretary of State shall consult with 

13 the appropriate congressional committees prior 

14 to submitting such notification; 

15 (B) The Power Africa initiative, or any 

16 successor program; 

17 (C) Community-based police assistance 

18 conducted pursuant to the authority of section 

19 7049 of this Act; 

20 (D) Programs to counter foreign fighters 

21 and extremist organizations, pursuant to sec22 tion 7073(a) of this Act; 

23 (E) The Relief and Recovery Fund; 

24 (F) The Global Security Contingency 

25 Fund; and 

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1 (G) Programs to end modern slavery. 

2 (i) WITHHOLDING OF FUNDS.—Funds appropriated 

3 by this Act under titles III and IV that are withheld from 

4 obligation or otherwise not programmed as a result of ap5 plication of a provision of law in this or any other Act 

6 shall, if reprogrammed, be subject to the regular notifica7 tion procedures of the Committees on Appropriations. 

8 (j) REQUIREMENT TO INFORM, COORDINATE, AND

9 CONSULT.— 

10 (1) The Secretary of State shall promptly in11 form the appropriate congressional committees of 

12 each instance in which funds appropriated by this 

13 Act for assistance for Iraq, Libya, Somalia, and 

14 Syria, the Counterterrorism Partnership Fund, the 

15 Relief and Recovery Fund, and to counter extremism 

16 and foreign fighters abroad, have been diverted or 

17 destroyed, to include the type and amount of assist18 ance, a description of the incident and parties in19 volved, and an explanation of the response of the 

20 Department of State or USAID, as appropriate: 

21 Provided, That the Secretary shall ensure such 

22 funds are coordinated with, and complement, the 

23 programs of other United States Government de24 partments and agencies and international partners 

25 in such countries and on such activities. 

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1 (2) The Secretary of State shall consult with 

2 the Committees on Appropriations at least seven 

3 days prior to informing a government of, or pub4 lically announcing a decision on, the suspension of 

5 assistance to a country or a territory from funds ap6 propriated by this Act or prior Acts making appro7 priations for the Department of State, foreign oper8 ations, and related programs. 

9 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

10 SEC. 7016. Prior to providing excess Department of 

11 Defense articles in accordance with section 516(a) of the 

12 Foreign Assistance Act of 1961, the Department of De13 fense shall notify the Committees on Appropriations to the 

14 same extent and under the same conditions as other com15 mittees pursuant to subsection (f) of that section: Pro16 vided, That before issuing a letter of offer to sell excess 

17 defense articles under the Arms Export Control Act, the 

18 Department of Defense shall notify the Committees on 

19 Appropriations in accordance with the regular notification 

20 procedures of such Committees if such defense articles are 

21 significant military equipment (as defined in section 47(9) 

22 of the Arms Export Control Act) or are valued (in terms 

23 of original acquisition cost) at $7,000,000 or more, or if 

24 notification is required elsewhere in this Act for the use 

25 of appropriated funds for specific countries that would reMarch 21, 2018 (6:08 p.m.)
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1 ceive such excess defense articles: Provided further, That 

2 such Committees shall also be informed of the original ac3 quisition cost of such defense articles. 

4 LIMITATION ON AVAILABILITY OF FUNDS FOR

5 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

6 SEC. 7017. Subject to the regular notification proce7 dures of the Committees on Appropriations, funds appro8 priated under titles I and III through V of this Act, which 

9 are returned or not made available for organizations and 

10 programs because of the implementation of section 307(a) 

11 of the Foreign Assistance Act of 1961, shall remain avail12 able for obligation until September 30, 2019: Provided, 

13 That the requirement to withhold funds for programs in 

14 Burma under section 307(a) of the Foreign Assistance Act 

15 of 1961 shall not apply to funds appropriated by this Act. 

16 PROHIBITION ON FUNDING FOR ABORTIONS AND

17 INVOLUNTARY STERILIZATION

18 SEC. 7018. None of the funds made available to carry 

19 out part I of the Foreign Assistance Act of 1961, as 

20 amended, may be used to pay for the performance of abor21 tions as a method of family planning or to motivate or 

22 coerce any person to practice abortions. None of the funds 

23 made available to carry out part I of the Foreign Assist24 ance Act of 1961, as amended, may be used to pay for 

25 the performance of involuntary sterilization as a method 

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1 of family planning or to coerce or provide any financial 

2 incentive to any person to undergo sterilizations. None of 

3 the funds made available to carry out part I of the Foreign 

4 Assistance Act of 1961, as amended, may be used to pay 

5 for any biomedical research which relates in whole or in 

6 part, to methods of, or the performance of, abortions or 

7 involuntary sterilization as a means of family planning. 

8 None of the funds made available to carry out part I of 

9 the Foreign Assistance Act of 1961, as amended, may be 

10 obligated or expended for any country or organization if 

11 the President certifies that the use of these funds by any 

12 such country or organization would violate any of the 

13 above provisions related to abortions and involuntary steri14 lizations. 

15 ALLOCATIONS AND REPORTS

16 SEC. 7019. (a) ALLOCATION TABLES.—Subject to 

17 subsection (b), funds appropriated by this Act under titles 

18 III through V shall be made available in the amounts spe19 cifically designated in the respective tables included in the 

20 explanatory statement described in section 4 (in the mat21 ter preceding division A of this consolidated Act): Pro22 vided, That such designated amounts for foreign countries 

23 and international organizations shall serve as the amounts 

24 for such countries and international organizations transMarch 21, 2018 (6:08 p.m.)
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1 mitted to Congress in the report required by section 

2 653(a) of the Foreign Assistance Act of 1961. 

3 (b) AUTHORIZED DEVIATIONS.—Unless otherwise 

4 provided for by this Act, the Secretary of State and the 

5 Administrator of the United States Agency for Inter6 national Development, as applicable, may only deviate up 

7 to 4 percent from the amounts specifically designated in 

8 the respective tables included in the explanatory statement 

9 described in section 4 (in the matter preceding division 

10 A of this consolidated Act): Provided, That such percent11 age may be exceeded only to respond to significant, exi12 gent, or unforeseen events, or to address other exceptional 

13 circumstances directly related to the national interest: 

14 Provided further, That deviations pursuant to the previous 

15 proviso shall be subject to prior consultation with, and the 

16 regular notification procedures of, the Committees on Ap17 propriations. 

18 (c) LIMITATION.—For specifically designated 

19 amounts that are included, pursuant to subsection (a), in 

20 the report required by section 653(a) of the Foreign As21 sistance Act of 1961, no deviations authorized by sub22 section (b) may take place until submission of such report. 

23 (d) EXCEPTIONS.— 

24 (1) Subsections (a) and (b) shall not apply to— 

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1 (A) amounts designated for ‘‘International 

2 Military Education and Training’’ in the re3 spective tables included in the explanatory 

4 statement described in section 4 (in the matter 

5 preceding division A of this consolidated Act); 

6 and 

7 (B) funds for which the initial period of 

8 availability has expired. 

9 (2) The authority in subsection (b) to deviate 

10 below amounts designated in the respective tables in11 cluded in the explanatory statement described in sec12 tion 4 (in the matter preceding division A of this 

13 consolidated Act) shall not apply to the table in14 cluded under the heading ‘‘Global Health Programs’’ 

15 in such explanatory statement. 

16 (e) REPORTS.—The Secretary of State and the 

17 USAID Administrator, as appropriate, shall submit the 

18 reports required, in the manner described, in House Re19 port 115–253, Senate Report 115–152, and the explana20 tory statement described in section 4 (in the matter pre21 ceding division A of this consolidated Act), unless directed 

22 otherwise in such explanatory statement. 

23 REPRESENTATION AND ENTERTAINMENT EXPENSES

24 SEC. 7020. (a) USES OF FUNDS.—Each Federal de25 partment, agency, or entity funded in titles I or II of this 

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1 Act, and the Department of the Treasury and independent 

2 agencies funded in titles III or VI of this Act, shall take 

3 steps to ensure that domestic and overseas representation 

4 and entertainment expenses further official agency busi5 ness and United States foreign policy interests, and— 

6 (1) are primarily for fostering relations outside 

7 of the Executive Branch; 

8 (2) are principally for meals and events of a 

9 protocol nature; 

10 (3) are not for employee-only events; and 

11 (4) do not include activities that are substan12 tially of a recreational character. 

13 (b) LIMITATIONS.—None of the funds appropriated 

14 or otherwise made available by this Act under the head15 ings ‘‘International Military Education and Training’’ or 

16 ‘‘Foreign Military Financing Program’’ for Informational 

17 Program activities or under the headings ‘‘Global Health 

18 Programs’’, ‘‘Development Assistance’’, ‘‘Economic Sup19 port Fund’’, and ‘‘Assistance for Europe, Eurasia and 

20 Central Asia’’ may be obligated or expended to pay for— 

21 (1) alcoholic beverages; or 

22 (2) entertainment expenses for activities that 

23 are substantially of a recreational character, includ24 ing entrance fees at sporting events, theatrical and 

25 musical productions, and amusement parks. 

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1 PROHIBITION ON ASSISTANCE TO GOVERNMENTS

2 SUPPORTING INTERNATIONAL TERRORISM

3 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX4 PORTS.— 

5 (1) PROHIBITION.—None of the funds appro6 priated or otherwise made available by titles III 

7 through VI of this Act may be made available to any 

8 foreign government which provides lethal military 

9 equipment to a country the government of which the 

10 Secretary of State has determined supports inter11 national terrorism for purposes of section 6(j) of the 

12 Export Administration Act of 1979 as continued in 

13 effect pursuant to the International Emergency Eco14 nomic Powers Act: Provided, That the prohibition 

15 under this section with respect to a foreign govern16 ment shall terminate 12 months after that govern17 ment ceases to provide such military equipment: 

18 Provided further, That this section applies with re19 spect to lethal military equipment provided under a 

20 contract entered into after October 1, 1997. 

21 (2) DETERMINATION.—Assistance restricted by 

22 paragraph (1) or any other similar provision of law, 

23 may be furnished if the President determines that to 

24 do so is important to the national interest of the 

25 United States. 

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1 (3) REPORT.—Whenever the President makes a 

2 determination pursuant to paragraph (2), the Presi3 dent shall submit to the Committees on Appropria4 tions a report with respect to the furnishing of such 

5 assistance, including a detailed explanation of the 

6 assistance to be provided, the estimated dollar 

7 amount of such assistance, and an explanation of 

8 how the assistance furthers United States national 

9 interest. 

10 (b) BILATERAL ASSISTANCE.— 

11 (1) LIMITATIONS.—Funds appropriated for bi12 lateral assistance in titles III through VI of this Act 

13 and funds appropriated under any such title in prior 

14 Acts making appropriations for the Department of 

15 State, foreign operations, and related programs, 

16 shall not be made available to any foreign govern17 ment which the President determines— 

18 (A) grants sanctuary from prosecution to 

19 any individual or group which has committed 

20 an act of international terrorism; 

21 (B) otherwise supports international ter22 rorism; or 

23 (C) is controlled by an organization des24 ignated as a terrorist organization under secMarch 21, 2018 (6:08 p.m.)
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1 tion 219 of the Immigration and Nationality 

2 Act (8 U.S.C. 1189). 

3 (2) WAIVER.—The President may waive the ap4 plication of paragraph (1) to a government if the 

5 President determines that national security or hu6 manitarian reasons justify such waiver: Provided, 

7 That the President shall publish each such waiver in 

8 the Federal Register and, at least 15 days before the 

9 waiver takes effect, shall notify the Committees on 

10 Appropriations of the waiver (including the justifica11 tion for the waiver) in accordance with the regular 

12 notification procedures of the Committees on Appro13 priations. 

14 AUTHORIZATION REQUIREMENTS

15 SEC. 7022. Funds appropriated by this Act, except 

16 funds appropriated under the heading ‘‘Trade and Devel17 opment Agency’’, may be obligated and expended notwith18 standing section 10 of Public Law 91–672 (22 U.S.C. 

19 2412), section 15 of the State Department Basic Authori20 ties Act of 1956 (22 U.S.C. 2680), section 313 of the For21 eign Relations Authorization Act, Fiscal Years 1994 and 

22 1995 (22 U.S.C. 6212), and section 504(a)(1) of the Na23 tional Security Act of 1947 (50 U.S.C. 3094(a)(1)). 

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1 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

2 SEC. 7023. For the purpose of titles II through VI 

3 of this Act ‘‘program, project, and activity’’ shall be de4 fined at the appropriations Act account level and shall in5 clude all appropriations and authorizations Acts funding 

6 directives, ceilings, and limitations with the exception that 

7 for the following accounts: ‘‘Economic Support Fund’’, 

8 ‘‘Assistance for Europe, Eurasia and Central Asia’’, and 

9 ‘‘Foreign Military Financing Program’’, ‘‘program, 

10 project, and activity’’ shall also be considered to include 

11 country, regional, and central program level funding with12 in each such account; and for the development assistance 

13 accounts of the United States Agency for International 

14 Development, ‘‘program, project, and activity’’ shall also 

15 be considered to include central, country, regional, and 

16 program level funding, either as— 

17 (1) justified to Congress; or 

18 (2) allocated by the Executive Branch in ac19 cordance with a report, to be provided to the Com20 mittees on Appropriations within 30 days after the 

21 enactment of this Act, as required by section 653(a) 

22 of the Foreign Assistance Act of 1961 or as modi23 fied pursuant to section 7019 of this Act. 

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1 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

2 FOUNDATION AND UNITED STATES AFRICAN DEVEL3 OPMENT FOUNDATION

4 SEC. 7024. Unless expressly provided to the contrary, 

5 provisions of this or any other Act, including provisions 

6 contained in prior Acts authorizing or making appropria7 tions for the Department of State, foreign operations, and 

8 related programs, shall not be construed to prohibit activi9 ties authorized by or conducted under the Peace Corps 

10 Act, the Inter-American Foundation Act or the African 

11 Development Foundation Act: Provided, That prior to con12 ducting activities in a country for which assistance is pro13 hibited, the agency shall consult with the Committees on 

14 Appropriations and report to such Committees within 15 

15 days of taking such action. 

16 COMMERCE, TRADE AND SURPLUS COMMODITIES

17 SEC. 7025. (a) WORLD MARKETS.—None of the 

18 funds appropriated or made available pursuant to titles 

19 III through VI of this Act for direct assistance and none 

20 of the funds otherwise made available to the Export-Im21 port Bank and the Overseas Private Investment Corpora22 tion shall be obligated or expended to finance any loan, 

23 any assistance, or any other financial commitments for es24 tablishing or expanding production of any commodity for 

25 export by any country other than the United States, if 

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1 the commodity is likely to be in surplus on world markets 

2 at the time the resulting productive capacity is expected 

3 to become operative and if the assistance will cause sub4 stantial injury to United States producers of the same, 

5 similar, or competing commodity: Provided, That such 

6 prohibition shall not apply to the Export-Import Bank if 

7 in the judgment of its Board of Directors the benefits to 

8 industry and employment in the United States are likely 

9 to outweigh the injury to United States producers of the 

10 same, similar, or competing commodity, and the Chairman 

11 of the Board so notifies the Committees on Appropria12 tions: Provided further, That this subsection shall not pro13 hibit— 

14 (1) activities in a country that is eligible for as15 sistance from the International Development Asso16 ciation, is not eligible for assistance from the Inter17 national Bank for Reconstruction and Development, 

18 and does not export on a consistent basis the agri19 cultural commodity with respect to which assistance 

20 is furnished; or 

21 (2) activities in a country the President deter22 mines is recovering from widespread conflict, a hu23 manitarian crisis, or a complex emergency. 

24 (b) EXPORTS.—None of the funds appropriated by 

25 this or any other Act to carry out chapter 1 of part I 

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1 of the Foreign Assistance Act of 1961 shall be available 

2 for any testing or breeding feasibility study, variety im3 provement or introduction, consultancy, publication, con4 ference, or training in connection with the growth or pro5 duction in a foreign country of an agricultural commodity 

6 for export which would compete with a similar commodity 

7 grown or produced in the United States: Provided, That 

8 this subsection shall not prohibit— 

9 (1) activities designed to increase food security 

10 in developing countries where such activities will not 

11 have a significant impact on the export of agricul12 tural commodities of the United States; 

13 (2) research activities intended primarily to 

14 benefit United States producers; 

15 (3) activities in a country that is eligible for as16 sistance from the International Development Asso17 ciation, is not eligible for assistance from the Inter18 national Bank for Reconstruction and Development, 

19 and does not export on a consistent basis the agri20 cultural commodity with respect to which assistance 

21 is furnished; or 

22 (4) activities in a country the President deter23 mines is recovering from widespread conflict, a hu24 manitarian crisis, or a complex emergency. 

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1 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.— 

2 The Secretary of the Treasury shall instruct the United 

3 States executive directors of the international financial in4 stitutions, as defined in section 7034(r)(3) of this Act, to 

5 use the voice and vote of the United States to oppose any 

6 assistance by such institutions, using funds appropriated 

7 or made available by this Act, for the production or extrac8 tion of any commodity or mineral for export, if it is in 

9 surplus on world markets and if the assistance will cause 

10 substantial injury to United States producers of the same, 

11 similar, or competing commodity. 

12 SEPARATE ACCOUNTS

13 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL

14 CURRENCIES.— 

15 (1) AGREEMENTS.—If assistance is furnished to 

16 the government of a foreign country under chapters 

17 1 and 10 of part I or chapter 4 of part II of the 

18 Foreign Assistance Act of 1961 under agreements 

19 which result in the generation of local currencies of 

20 that country, the Administrator of the United States 

21 Agency for International Development shall— 

22 (A) require that local currencies be depos23 ited in a separate account established by that 

24 government; 

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1 (B) enter into an agreement with that gov2 ernment which sets forth— 

3 (i) the amount of the local currencies 

4 to be generated; and 

5 (ii) the terms and conditions under 

6 which the currencies so deposited may be 

7 utilized, consistent with this section; and 

8 (C) establish by agreement with that gov9 ernment the responsibilities of USAID and that 

10 government to monitor and account for deposits 

11 into and disbursements from the separate ac12 count. 

13 (2) USES OF LOCAL CURRENCIES.—As may be 

14 agreed upon with the foreign government, local cur15 rencies deposited in a separate account pursuant to 

16 subsection (a), or an equivalent amount of local cur17 rencies, shall be used only— 

18 (A) to carry out chapter 1 or 10 of part 

19 I or chapter 4 of part II of the Foreign Assist20 ance Act of 1961 (as the case may be), for such 

21 purposes as— 

22 (i) project and sector assistance activi23 ties; or 

24 (ii) debt and deficit financing; or 

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1 (B) for the administrative requirements of 

2 the United States Government. 

3 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

4 shall take all necessary steps to ensure that the 

5 equivalent of the local currencies disbursed pursuant 

6 to subsection (a)(2)(A) from the separate account 

7 established pursuant to subsection (a)(1) are used 

8 for the purposes agreed upon pursuant to subsection 

9 (a)(2). 

10 (4) TERMINATION OF ASSISTANCE PRO11 GRAMS.—Upon termination of assistance to a coun12 try under chapter 1 or 10 of part I or chapter 4 of 

13 part II of the Foreign Assistance Act of 1961 (as 

14 the case may be), any unencumbered balances of 

15 funds which remain in a separate account estab16 lished pursuant to subsection (a) shall be disposed of 

17 for such purposes as may be agreed to by the gov18 ernment of that country and the United States Gov19 ernment. 

20 (5) REPORT.—The USAID Administrator shall 

21 report as part of the congressional budget justifica22 tion submitted to the Committees on Appropriations 

23 on the use of local currencies for the administrative 

24 requirements of the United States Government as 

25 authorized in subsection (a)(2)(B), and such report 

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1 shall include the amount of local currency (and 

2 United States dollar equivalent) used or to be used 

3 for such purpose in each applicable country. 

4 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

5 (1) IN GENERAL.—If assistance is made avail6 able to the government of a foreign country, under 

7 chapter 1 or 10 of part I or chapter 4 of part II of 

8 the Foreign Assistance Act of 1961, as cash transfer 

9 assistance or as nonproject sector assistance, that 

10 country shall be required to maintain such funds in 

11 a separate account and not commingle with any 

12 other funds. 

13 (2) APPLICABILITY OF OTHER PROVISIONS OF

14 LAW.—Such funds may be obligated and expended 

15 notwithstanding provisions of law which are incon16 sistent with the nature of this assistance including 

17 provisions which are referenced in the Joint Explan18 atory Statement of the Committee of Conference ac19 companying House Joint Resolution 648 (House Re20 port No. 98–1159). 

21 (3) NOTIFICATION.—At least 15 days prior to 

22 obligating any such cash transfer or nonproject sec23 tor assistance, the President shall submit a notifica24 tion through the regular notification procedures of 

25 the Committees on Appropriations, which shall inMarch 21, 2018 (6:08 p.m.)
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1 clude a detailed description of how the funds pro2 posed to be made available will be used, with a dis3 cussion of the United States interests that will be 

4 served by such assistance (including, as appropriate, 

5 a description of the economic policy reforms that will 

6 be promoted by such assistance). 

7 (4) EXEMPTION.—Nonproject sector assistance 

8 funds may be exempt from the requirements of para9 graph (1) only through the regular notification pro10 cedures of the Committees on Appropriations. 

11 ELIGIBILITY FOR ASSISTANCE

12 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN13 MENTAL ORGANIZATIONS.—Restrictions contained in this 

14 or any other Act with respect to assistance for a country 

15 shall not be construed to restrict assistance in support of 

16 programs of nongovernmental organizations from funds 

17 appropriated by this Act to carry out the provisions of 

18 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

19 part II of the Foreign Assistance Act of 1961 and from 

20 funds appropriated under the heading ‘‘Assistance for Eu21 rope, Eurasia and Central Asia’’: Provided, That before 

22 using the authority of this subsection to furnish assistance 

23 in support of programs of nongovernmental organizations, 

24 the President shall notify the Committees on Appropria25 tions pursuant to the regular notification procedures, inMarch 21, 2018 (6:08 p.m.)
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1 cluding a description of the program to be assisted, the 

2 assistance to be provided, and the reasons for furnishing 

3 such assistance: Provided further, That nothing in this 

4 subsection shall be construed to alter any existing statu5 tory prohibitions against abortion or involuntary steriliza6 tions contained in this or any other Act. 

7 (b) PUBLIC LAW 480.—During fiscal year 2018, re8 strictions contained in this or any other Act with respect 

9 to assistance for a country shall not be construed to re10 strict assistance under the Food for Peace Act (Public 

11 Law 83–480; 7 U.S.C. 1721 et seq.): Provided, That none 

12 of the funds appropriated to carry out title I of such Act 

13 and made available pursuant to this subsection may be 

14 obligated or expended except as provided through the reg15 ular notification procedures of the Committees on Appro16 priations. 

17 (c) EXCEPTION.—This section shall not apply— 

18 (1) with respect to section 620A of the Foreign 

19 Assistance Act of 1961 or any comparable provision 

20 of law prohibiting assistance to countries that sup21 port international terrorism; or 

22 (2) with respect to section 116 of the Foreign 

23 Assistance Act of 1961 or any comparable provision 

24 of law prohibiting assistance to the government of a 

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1 country that violates internationally recognized 

2 human rights. 

3 LOCAL COMPETITION

4 SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO

5 COMPETITION FOR LOCAL ENTITIES.—Funds appro6 priated by this Act that are made available to the United 

7 States Agency for International Development may only be 

8 made available for limited competitions through local enti9 ties if— 

10 (1) prior to the determination to limit competi11 tion to local entities, USAID has— 

12 (A) assessed the level of local capacity to 

13 effectively implement, manage, and account for 

14 programs included in such competition; and 

15 (B) documented the written results of the 

16 assessment and decisions made; and 

17 (2) prior to making an award after limiting 

18 competition to local entities— 

19 (A) each successful local entity has been 

20 determined to be responsible in accordance with 

21 USAID guidelines; and 

22 (B) effective monitoring and evaluation 

23 systems are in place to ensure that award fund24 ing is used for its intended purposes; and 

25 (3) no level of acceptable fraud is assumed. 

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1 (b) REPORT.—In addition to the requirements of sub2 section (a)(1), the USAID Administrator shall report to 

3 the appropriate congressional committees not later than 

4 45 days after the end of fiscal year 2018 on all awards 

5 subject to limited or no competition for local entities: Pro6 vided, That such report shall be posted on the USAID 

7 Web site: Provided further, That the requirements of this 

8 subsection shall only apply to awards in excess of 

9 $3,000,000 and sole source awards to local entities in ex10 cess of $2,000,000. 

11 (c) EXTENSION OF PROCUREMENT AUTHORITY.— 

12 Section 7077 of the Department of State, Foreign Oper13 ations, and Related Programs Appropriations Act, 2012 

14 (division I of Public Law 112–74) shall continue in effect 

15 during fiscal year 2018. 

16 INTERNATIONAL FINANCIAL INSTITUTIONS

17 SEC. 7029. (a) EVALUATIONS AND REPORT.—The 

18 Secretary of the Treasury shall instruct the United States 

19 executive director of each international financial institu20 tion to seek to require that such institution adopts and 

21 implements a publicly available policy, including the stra22 tegic use of peer reviews and external experts, to conduct 

23 independent, in-depth evaluations of the effectiveness of 

24 at least 25 percent of all loans, grants, programs, and sig25 nificant analytical non-lending activities in advancing the 

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1 institution’s goals of reducing poverty and promoting equi2 table economic growth, consistent with relevant safe3 guards, to ensure that decisions to support such loans, 

4 grants, programs, and activities are based on accurate 

5 data and objective analysis: Provided, That not later than 

6 45 days after enactment of this Act, the Secretary shall 

7 submit a report to the Committees on Appropriations on 

8 steps taken in fiscal year 2017 by the United States execu9 tive directors and the international financial institutions 

10 consistent with this subsection compared to the previous 

11 fiscal year. 

12 (b) SAFEGUARDS.— 

13 (1) The Secretary of the Treasury shall instruct 

14 the United States Executive Director of the Inter15 national Bank for Reconstruction and Development 

16 and the International Development Association to 

17 vote against any loan, grant, policy, or strategy if 

18 such institution has adopted and is implementing 

19 any social or environmental safeguard relevant to 

20 such loan, grant, policy, or strategy that provides 

21 less protection than World Bank safeguards in effect 

22 on September 30, 2015. 

23 (2) The Secretary of the Treasury should in24 struct the United States executive director of each 

25 international financial institution to vote against 

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1 loans or other financing for projects unless such 

2 projects— 

3 (A) provide for accountability and trans4 parency, including the collection, verification 

5 and publication of beneficial ownership informa6 tion related to extractive industries and on-site 

7 monitoring during the life of the project; 

8 (B) will be developed and carried out in ac9 cordance with best practices regarding environ10 mental conservation; cultural protection; and 

11 empowerment of local populations, including 

12 free, prior and informed consent of affected in13 digenous communities; 

14 (C) do not provide incentives for, or facili15 tate, forced displacement; and 

16 (D) do not partner with or otherwise in17 volve enterprises owned or controlled by the 

18 armed forces. 

19 (c) COMPENSATION.—None of the funds appro20 priated under title V of this Act may be made as payment 

21 to any international financial institution while the United 

22 States executive director to such institution is com23 pensated by the institution at a rate which, together with 

24 whatever compensation such executive director receives 

25 from the United States, is in excess of the rate provided 

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1 for an individual occupying a position at level IV of the 

2 Executive Schedule under section 5315 of title 5, United 

3 States Code, or while any alternate United States execu4 tive director to such institution is compensated by the in5 stitution at a rate in excess of the rate provided for an 

6 individual occupying a position at level V of the Executive 

7 Schedule under section 5316 of title 5, United States 

8 Code. 

9 (d) HUMAN RIGHTS.—The Secretary of the Treasury 

10 shall instruct the United States executive director of each 

11 international financial institution to seek to require that 

12 such institution conducts rigorous human rights due dili13 gence and risk management, as appropriate, in connection 

14 with any loan, grant, policy, or strategy of such institu15 tion: Provided, That prior to voting on any such loan, 

16 grant, policy, or strategy the executive director shall con17 sult with the Assistant Secretary for Democracy, Human 

18 Rights, and Labor, Department of State, if the executive 

19 director has reason to believe that such loan, grant, policy, 

20 or strategy could result in forced displacement or other 

21 violation of human rights. 

22 (e) FRAUD AND CORRUPTION.—The Secretary of the 

23 Treasury shall instruct the United States executive direc24 tor of each international financial institution to promote 

25 in loan, grant, and other financing agreements improveMarch 21, 2018 (6:08 p.m.)
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1 ments in borrowing countries’ financial management and 

2 judicial capacity to investigate, prosecute, and punish 

3 fraud and corruption. 

4 (f) BENEFICIAL OWNERSHIP INFORMATION.—The 

5 Secretary of the Treasury shall instruct the United States 

6 executive director of each international financial institu7 tion to seek to require that such institution collects, 

8 verifies, and publishes, to the maximum extent practicable, 

9 beneficial ownership information (excluding proprietary 

10 information) for any corporation or limited liability com11 pany, other than a publicly listed company, that receives 

12 funds from any such financial institution: Provided, That 

13 not later than 45 days after enactment of this Act, the 

14 Secretary shall submit a report to the Committees on Ap15 propriations on steps taken in fiscal year 2017 by the 

16 United States executive directors and the international fi17 nancial institutions consistent with this subsection com18 pared to the previous fiscal year. 

19 (g) WHISTLEBLOWER PROTECTIONS.—The Secretary 

20 of the Treasury shall instruct the United States executive 

21 director of each international financial institution to seek 

22 to require that each such institution is effectively imple23 menting and enforcing policies and procedures which re24 flect best practices for the protection of whistleblowers 

25 from retaliation, including best practices for— 

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1 (1) protection against retaliation for internal 

2 and lawful public disclosure; 

3 (2) legal burdens of proof; 

4 (3) statutes of limitation for reporting retalia5 tion; 

6 (4) access to independent adjudicative bodies, 

7 including external arbitration; and 

8 (5) results that eliminate the effects of proven 

9 retaliation. 

10 DEBT-FOR-DEVELOPMENT

11 SEC. 7030. In order to enhance the continued partici12 pation of nongovernmental organizations in debt-for-devel13 opment and debt-for-nature exchanges, a nongovern14 mental organization which is a grantee or contractor of 

15 the United States Agency for International Development 

16 may place in interest bearing accounts local currencies 

17 which accrue to that organization as a result of economic 

18 assistance provided under title III of this Act and, subject 

19 to the regular notification procedures of the Committees 

20 on Appropriations, any interest earned on such investment 

21 shall be used for the purpose for which the assistance was 

22 provided to that organization. 

23 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

24 SEC. 7031. (a) LIMITATION ON DIRECT GOVERN25 MENT-TO-GOVERNMENT ASSISTANCE.— 

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1 (1) REQUIREMENTS.—Funds appropriated by 

2 this Act may be made available for direct govern3 ment-to-government assistance only if— 

4 (A)(i) each implementing agency or min5 istry to receive assistance has been assessed 

6 and is considered to have the systems required 

7 to manage such assistance and any identified 

8 vulnerabilities or weaknesses of such agency or 

9 ministry have been addressed; 

10 (ii) the recipient agency or ministry em11 ploys and utilizes staff with the necessary tech12 nical, financial, and management capabilities; 

13 (iii) the recipient agency or ministry has 

14 adopted competitive procurement policies and 

15 systems; 

16 (iv) effective monitoring and evaluation 

17 systems are in place to ensure that such assist18 ance is used for its intended purposes; 

19 (v) no level of acceptable fraud is assumed; 

20 and 

21 (vi) the government of the recipient coun22 try is taking steps to publicly disclose on an an23 nual basis its national budget, to include in24 come and expenditures; 

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1 (B) the recipient government is in compli2 ance with the principles set forth in section 

3 7013 of this Act; 

4 (C) the recipient agency or ministry is not 

5 headed or controlled by an organization des6 ignated as a foreign terrorist organization 

7 under section 219 of the Immigration and Na8 tionality Act (8 U.S.C. 1189); 

9 (D) the Government of the United States 

10 and the government of the recipient country 

11 have agreed, in writing, on clear and achievable 

12 objectives for the use of such assistance, which 

13 should be made available on a cost-reimbursable 

14 basis; and 

15 (E) the recipient government is taking 

16 steps to protect the rights of civil society, in17 cluding freedoms of expression, association, and 

18 assembly. 

19 (2) CONSULTATION AND NOTIFICATION.—In 

20 addition to the requirements in paragraph (1), no 

21 funds may be made available for direct government22 to-government assistance without prior consultation 

23 with, and notification of, the Committees on Appro24 priations: Provided, That such notification shall con25 tain an explanation of how the proposed activity 

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1 meets the requirements of paragraph (1): Provided 

2 further, That the requirements of this paragraph 

3 shall only apply to direct government-to-government 

4 assistance in excess of $10,000,000 and all funds 

5 available for cash transfer, budget support, and cash 

6 payments to individuals. 

7 (3) SUSPENSION OF ASSISTANCE.—The Admin8 istrator of the United States Agency for Inter9 national Development or the Secretary of State, as 

10 appropriate, shall suspend any direct government-to11 government assistance if the Administrator or the 

12 Secretary has credible information of material mis13 use of such assistance, unless the Administrator or 

14 the Secretary reports to the Committees on Appro15 priations that it is in the national interest of the 

16 United States to continue such assistance, including 

17 a justification, or that such misuse has been appro18 priately addressed. 

19 (4) SUBMISSION OF INFORMATION.—The Sec20 retary of State shall submit to the Committees on 

21 Appropriations, concurrent with the fiscal year 2019 

22 congressional budget justification materials, amounts 

23 planned for assistance described in paragraph (1) by 

24 country, proposed funding amount, source of funds, 

25 and type of assistance. 

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1 (5) REPORT.—Not later than 90 days after the 

2 enactment of this Act and every 6 months thereafter 

3 until September 30, 2019, the USAID Adminis4 trator shall submit to the Committees on Appropria5 tions a report that— 

6 (A) details all assistance described in para7 graph (1) provided during the previous 6-month 

8 period by country, funding amount, source of 

9 funds, and type of such assistance; and 

10 (B) the type of procurement instrument or 

11 mechanism utilized and whether the assistance 

12 was provided on a reimbursable basis. 

13 (6) DEBT SERVICE PAYMENT PROHIBITION.— 

14 None of the funds made available by this Act may 

15 be used by the government of any foreign country 

16 for debt service payments owed by any country to 

17 any international financial institution: Provided, 

18 That for purposes of this paragraph, the term 

19 ‘‘international financial institution’’ has the meaning 

20 given the term in section 7034(r)(3) of this Act. 

21 (b) NATIONAL BUDGET AND CONTRACT TRANS22 PARENCY.— 

23 (1) MINIMUM REQUIREMENTS OF FISCAL

24 TRANSPARENCY.—The Secretary of State shall con25 tinue to update and strengthen the ‘‘minimum reMarch 21, 2018 (6:08 p.m.)
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1 quirements of fiscal transparency’’ for each govern2 ment receiving assistance appropriated by this Act, 

3 as identified in the report required by section 

4 7031(b) of the Department of State, Foreign Oper5 ations, and Related Programs Appropriations Act, 

6 2014 (division K of Public Law 113–76). 

7 (2) DEFINITION.—For purposes of paragraph 

8 (1), ‘‘minimum requirements of fiscal transparency’’ 

9 are requirements consistent with those in subsection 

10 (a)(1), and the public disclosure of national budget 

11 documentation (to include receipts and expenditures 

12 by ministry) and government contracts and licenses 

13 for natural resource extraction (to include bidding 

14 and concession allocation practices). 

15 (3) DETERMINATION AND REPORT.—For each 

16 government identified pursuant to paragraph (1), 

17 the Secretary of State, not later than 180 days after 

18 enactment of this Act, shall make or update any de19 termination of ‘‘significant progress’’ or ‘‘no signifi20 cant progress’’ in meeting the minimum require21 ments of fiscal transparency, and make such deter22 minations publicly available in an annual ‘‘Fiscal 

23 Transparency Report’’ to be posted on the Depart24 ment of State Web site: Provided, That the Sec25 retary shall identify the significant progress made by 

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1 each such government to publicly disclose national 

2 budget documentation, contracts, and licenses which 

3 are additional to such information disclosed in pre4 vious fiscal years, and include specific recommenda5 tions of short- and long-term steps such government 

6 should take to improve fiscal transparency: Provided 

7 further, That the annual report shall include a de8 tailed description of how funds appropriated by this 

9 Act are being used to improve fiscal transparency, 

10 and identify benchmarks for measuring progress. 

11 (4) ASSISTANCE.—Funds appropriated under 

12 title III of this Act shall be made available for pro13 grams and activities to assist governments identified 

14 pursuant to paragraph (1) to improve budget trans15 parency and to support civil society organizations in 

16 such countries that promote budget transparency: 

17 Provided, That such sums shall be in addition to 

18 funds otherwise available for such purposes: Pro19 vided further, That a description of the uses of such 

20 funds shall be included in the annual ‘‘Fiscal Trans21 parency Report’’ required by paragraph (3). 

22 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 

23 (1) INELIGIBILITY.— 

24 (A) Officials of foreign governments and 

25 their immediate family members about whom 

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1 the Secretary of State has credible information 

2 have been involved in significant corruption, in3 cluding corruption related to the extraction of 

4 natural resources, or a gross violation of human 

5 rights shall be ineligible for entry into the 

6 United States. 

7 (B) The Secretary shall also publicly or 

8 privately designate or identify officials of for9 eign governments and their immediate family 

10 members about whom the Secretary has such 

11 credible information without regard to whether 

12 the individual has applied for a visa. 

13 (2) EXCEPTION.—Individuals shall not be ineli14 gible if entry into the United States would further 

15 important United States law enforcement objectives 

16 or is necessary to permit the United States to fulfill 

17 its obligations under the United Nations Head18 quarters Agreement: Provided, That nothing in 

19 paragraph (1) shall be construed to derogate from 

20 United States Government obligations under applica21 ble international agreements. 

22 (3) WAIVER.—The Secretary may waive the ap23 plication of paragraph (1) if the Secretary deter24 mines that the waiver would serve a compelling na25 tional interest or that the circumstances which 

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1 caused the individual to be ineligible have changed 

2 sufficiently. 

3 (4) REPORT.—Not later than 6 months after 

4 enactment of this Act, the Secretary of State shall 

5 submit a report, including a classified annex if nec6 essary, to the Committees on Appropriations and the 

7 Committees on the Judiciary describing the informa8 tion related to corruption or violation of human 

9 rights concerning each of the individuals found ineli10 gible in the previous 12 months pursuant to para11 graph (1)(A) as well as the individuals who the Sec12 retary designated or identified pursuant to para13 graph (1)(B), or who would be ineligible but for the 

14 application of paragraph (2), a list of any waivers 

15 provided under paragraph (3), and the justification 

16 for each waiver. 

17 (5) POSTING OF REPORT.—Any unclassified 

18 portion of the report required under paragraph (4) 

19 shall be posted on the Department of State Web 

20 site. 

21 (6) CLARIFICATION.—For purposes of para22 graphs (1)(B), (4), and (5), the records of the De23 partment of State and of diplomatic and consular of24 fices of the United States pertaining to the issuance 

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1 or refusal of visas or permits to enter the United 

2 States shall not be considered confidential. 

3 (d) NETWORKS OF CORRUPTION.—If the Secretary 

4 of State has credible information of networks of corruption 

5 involving the participation of, or support from, a senior 

6 official in a country that receives assistance funded by this 

7 Act under titles III or IV, the Secretary shall update the 

8 report on such networks required by section 7031(d) of 

9 the Department of State, Foreign Operations, and Related 

10 Programs Appropriations Act, 2017 (division J of Public 

11 Law 115–31). 

12 (e) EXTRACTION OF NATURAL RESOURCES.— 

13 (1) ASSISTANCE.—Funds appropriated by this 

14 Act shall be made available to promote and support 

15 transparency and accountability of expenditures and 

16 revenues related to the extraction of natural re17 sources, including by strengthening implementation 

18 and monitoring of the Extractive Industries Trans19 parency Initiative, implementing and enforcing sec20 tion 8204 of the Food, Conservation, and Energy 

21 Act of 2008 (Public Law 110–246; 122 Stat. 2052) 

22 and the amendments made by such section, and to 

23 prevent the sale of conflict diamonds, and provide 

24 technical assistance to promote independent audit 

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1 mechanisms and support civil society participation in 

2 natural resource management. 

3 (2) UNITED STATES POLICY.— 

4 (A) The Secretary of the Treasury shall in5 form the management of the international fi6 nancial institutions, and post on the Depart7 ment of the Treasury Web site, that it is the 

8 policy of the United States to vote against any 

9 assistance by such institutions (including any 

10 loan, credit, grant, or guarantee) to any coun11 try for the extraction and export of a natural 

12 resource if the government of such country has 

13 in place laws, regulations, or procedures to pre14 vent or limit the public disclosure of company 

15 payments as required by United States law, and 

16 unless such government has adopted laws, regu17 lations, or procedures in the sector in which as18 sistance is being considered for— 

19 (i) accurately accounting for and pub20 lic disclosure of payments to the host gov21 ernment by companies involved in the ex22 traction and export of natural resources; 

23 (ii) the independent auditing of ac24 counts receiving such payments and public 

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1 disclosure of the findings of such audits; 

2 and 

3 (iii) public disclosure of such docu4 ments as Host Government Agreements, 

5 Concession Agreements, and bidding docu6 ments, allowing in any such dissemination 

7 or disclosure for the redaction of, or excep8 tions for, information that is commercially 

9 proprietary or that would create competi10 tive disadvantage. 

11 (B) The requirements of subparagraph (A) 

12 shall not apply to assistance for the purpose of 

13 building the capacity of such government to 

14 meet the requirements of this subparagraph. 

15 (f) FOREIGN ASSISTANCE WEB SITE.—Funds appro16 priated by this Act under titles I and II, and funds made 

17 available for any independent agency in title III, as appro18 priate, shall be made available to support the provision 

19 of additional information on United States Government 

20 foreign assistance on the Department of State foreign as21 sistance Web site: Provided, That all Federal agencies 

22 funded under this Act shall provide such information on 

23 foreign assistance, upon request, to the Department of 

24 State. 

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1 DEMOCRACY PROGRAMS

2 SEC. 7032. (a) FUNDING.— 

3 (1) IN GENERAL.—Of the funds appropriated 

4 by this Act under the headings ‘‘Development As5 sistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

6 Fund’’, ‘‘Assistance for Europe, Eurasia and Cen7 tral Asia’’, and ‘‘International Narcotics Control and 

8 Law Enforcement’’, not less than $2,308,517,000 

9 shall be made available for democracy programs. 

10 (2) PROGRAMS.—Of the funds made available 

11 for democracy programs pursuant to paragraph (1), 

12 the Bureau of Democracy, Human Rights, and 

13 Labor, Department of State, shall administer an 

14 amount not less than the amount administered in 

15 fiscal year 2017 under the headings ‘‘Economic Sup16 port Fund’’ and ‘‘Assistance for Europe, Eurasia 

17 and Central Asia’’. 

18 (b) AUTHORITY.—Funds made available by this Act 

19 for democracy programs may be made available notwith20 standing any other provision of law, and with regard to 

21 the National Endowment for Democracy, any regulation. 

22 (c) DEFINITION OF DEMOCRACY PROGRAMS.—For 

23 purposes of funds appropriated by this Act, the term ‘‘de24 mocracy programs’’ means programs that support good 

25 governance, credible and competitive elections, freedom of 

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1 expression, association, assembly, and religion, human 

2 rights, labor rights, independent media, and the rule of 

3 law, and that otherwise strengthen the capacity of demo4 cratic political parties, governments, nongovernmental or5 ganizations and institutions, and citizens to support the 

6 development of democratic states, and institutions that are 

7 responsive and accountable to citizens. 

8 (d) PROGRAM PRIORITIZATION.—Funds made avail9 able pursuant to this section that are made available for 

10 programs to strengthen government institutions shall be 

11 prioritized for those institutions that demonstrate a com12 mitment to democracy and the rule of law, as determined 

13 by the Secretary of State or the Administrator of the 

14 United States Agency for International Development, as 

15 appropriate. 

16 (e) RESTRICTION ON PRIOR APPROVAL.—With re17 spect to the provision of assistance for democracy pro18 grams in this Act, the organizations implementing such 

19 assistance, the specific nature of that assistance, and the 

20 participants in such programs shall not be subject to the 

21 prior approval by the government of any foreign country: 

22 Provided, That the Secretary of State, in coordination 

23 with the USAID Administrator, shall report to the Com24 mittees on Appropriations, not later than 120 days after 

25 enactment of this Act, detailing steps taken by the DepartMarch 21, 2018 (6:08 p.m.)
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1 ment of State and USAID to comply with the require2 ments of this subsection. 

3 (f) CONTINUATION OF CURRENT PRACTICES.— 

4 USAID shall continue to implement civil society and polit5 ical competition and consensus building programs abroad 

6 with funds appropriated by this Act in a manner that rec7 ognizes the unique benefits of grants and cooperative 

8 agreements in implementing such programs: Provided, 

9 That nothing in this paragraph shall be construed to af10 fect the ability of any entity, including United States small 

11 businesses, from competing for proposals for USAID12 funded civil society and political competition and con13 sensus building programs. 

14 (g) COUNTRY STRATEGY REVIEWS.—Prior to the ob15 ligation of funds made available by this Act for Depart16 ment of State and USAID democracy programs for a non17 democratic or democratic transitioning country for which 

18 a country strategy has been concluded after the date of 

19 enactment of this Act, as required by section 2111(c)(1) 

20 of the ADVANCE Democracy Act of 2007 (title XXI of 

21 Public Law 110–53; 22 U.S.C. 8211) or similar provision 

22 of law or regulation, the Under Secretary for Civilian Se23 curity, Democracy and Human Rights, Department of 

24 State, in consultation with the Assistant Secretary for De25 mocracy, Human Rights, and Labor, Department of 

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1 State, and the Assistant Administrator for Democracy, 

2 Conflict, and Humanitarian Assistance, USAID, shall re3 view such strategy to ensure that it includes— 

4 (1) specific goals and objectives for such pro5 gram, including a specific plan and timeline to meas6 ure impacts; 

7 (2) an assessment of the risks associated with 

8 the conduct of such program to intended bene9 ficiaries and implementers, including steps to sup10 port and protect such individuals; and 

11 (3) the funding requirements to initiate and 

12 sustain such program in fiscal year 2018 and subse13 quent fiscal years, as appropriate: 

14 Provided, That for the purposes of this subsection, the 

15 term ‘‘nondemocratic or democratic transitioning country’’ 

16 shall have the same meaning as in section 2104(6) of the 

17 ADVANCE Democracy Act of 2007. 

18 (h) COMMUNICATION AND REPORTS.— 

19 (1) INFORMING THE NATIONAL ENDOWMENT

20 FOR DEMOCRACY.—The Assistant Secretary for De21 mocracy, Human Rights, and Labor, Department of 

22 State, and the Assistant Administrator for Democ23 racy, Conflict, and Humanitarian Assistance, 

24 USAID, shall regularly inform the National Endow25 ment for Democracy of democracy programs that 

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1 are planned and supported by funds made available 

2 by this Act and prior Acts making appropriations 

3 for the Department of State, foreign operations, and 

4 related programs. 

5 (2) REPORTS.— 

6 (A) FUNDING INSTRUMENTS.—Not later 

7 than September 30, 2018, the Secretary of 

8 State and USAID Administrator shall each 

9 submit to the Committees on Appropriations a 

10 report detailing the use of contracts, grants, 

11 and cooperative agreements in the conduct of 

12 democracy programs with funds made available 

13 by the Department of State, Foreign Oper14 ations, and Related Programs Appropriations 

15 Act, 2017 (division J of Public Law 115–31), 

16 which shall include funding level, account, pro17 gram sector and subsector, and a brief sum18 mary of purpose. 

19 (B) PROGRAM CHANGES.—The Secretary 

20 of State or the USAID Administrator, as ap21 propriate, shall report to the appropriate con22 gressional committees within 30 days of a deci23 sion to significantly change the objectives or the 

24 content of a democracy program or to close 

25 such a program due to the increasingly represMarch 21, 2018 (6:08 p.m.)
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1 sive nature of the host country government: 

2 Provided, That the report shall also include a 

3 strategy for continuing support for democracy 

4 promotion, if such programming is feasible, and 

5 may be submitted in classified form, if nec6 essary. 

7 (i) PROTECTION OF CIVIL SOCIETY ACTIVISTS AND

8 JOURNALISTS.— 

9 (1) PLAN.—Not later than 120 days after en10 actment of this Act, the Secretary of State shall sub11 mit to the appropriate congressional committees a 

12 diplomatic and programmatic action plan to support 

13 and protect civil society activists and journalists who 

14 have been threatened, harassed, or attacked for 

15 peacefully exercising their rights of free expression, 

16 association, or assembly: Provided, That the Assist17 ant Secretary for Democracy, Human Rights, and 

18 Labor (DRL), Department of State, shall develop 

19 such action plan in coordination with the relevant 

20 bureaus and offices of the Department of State and 

21 USAID. 

22 (2) FUNDS.—Of the funds appropriated by this 

23 Act under the headings ‘‘Economic Support Fund’’ 

24 and ‘‘Democracy Fund’’, not less than $10,000,000 

25 shall be made available for programs and activities 

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1 to implement the action plan described in paragraph 

2 (1): Provided, That such funds may only be made 

3 available following consultation with the Committees 

4 on Appropriations: Provided further, That such 

5 funds shall be allocated to, and administered by, 

6 DRL and relevant bureaus and offices of the De7 partment of State and USAID, and are in addition 

8 to amounts otherwise made available for such pur9 poses. 

10 INTERNATIONAL RELIGIOUS FREEDOM

11 SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREE12 DOM OFFICE AND SPECIAL ENVOY TO PROMOTE RELI13 GIOUS FREEDOM.— 

14 (1) OPERATIONS.—Funds appropriated by this 

15 Act under the heading ‘‘Diplomatic and Consular 

16 Programs’’ shall be made available for the Office of 

17 International Religious Freedom, Bureau of Democ18 racy, Human Rights, and Labor, Department of 

19 State, the Office of the Ambassador-at-Large for 

20 International Religious Freedom, and the Special 

21 Envoy to Promote Religious Freedom of Religious 

22 Minorities in the Near East and South Central Asia, 

23 as authorized in the Near East and South Central 

24 Asia Religious Freedom Act of 2014 (Public Law 

25 113–161), including for support staff at not less 

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1 than the amounts specified for such offices in the 

2 table under such heading in the explanatory state3 ment described in section 4 (in the matter preceding 

4 division A of this consolidated Act). 

5 (2) CURRICULUM.—Funds appropriated under 

6 the heading ‘‘Diplomatic and Consular Programs’’ 

7 and designated for the Office of International Reli8 gious Freedom shall be made available for the devel9 opment and implementation of an international reli10 gious freedom curriculum in accordance with section 

11 708(a)(2) of the Foreign Service Act of 1980 (22 

12 U.S.C. 4028(a)(2)). 

13 (b) ASSISTANCE.— 

14 (1) INTERNATIONAL RELIGIOUS FREEDOM PRO15 GRAMS.—Of the funds appropriated by this Act 

16 under the heading ‘‘Democracy Fund’’ and available 

17 for the Human Rights and Democracy Fund, not 

18 less than $10,000,000 shall be made available for 

19 international religious freedom programs: Provided, 

20 That the Ambassador-at-Large for International Re21 ligious Freedom shall consult with the Committees 

22 on Appropriations on the uses of such funds. 

23 (2) PROTECTION AND INVESTIGATION PRO24 GRAMS.—Of the funds appropriated by this Act 

25 under the heading ‘‘Economic Support Fund’’, not 

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1 less than $10,000,000 shall be made available for 

2 programs to protect vulnerable and persecuted reli3 gious minorities: Provided, That a portion of such 

4 funds shall be made available for programs to inves5 tigate the persecution of such minorities by govern6 ments and non-state actors and for the public dis7 semination of information collected on such persecu8 tion, including on the Department of State Web site. 

9 (3) HUMANITARIAN PROGRAMS.—Funds appro10 priated by this Act under the headings ‘‘Inter11 national Disaster Assistance’’ and ‘‘Migration and 

12 Refugee Assistance’’ shall be made available for hu13 manitarian assistance for vulnerable and persecuted 

14 religious minorities, including victims of genocide 

15 designated by the Secretary of State and other 

16 groups that have suffered crimes against humanity 

17 and ethnic cleansing, to— 

18 (A) facilitate the implementation of an im19 mediate, coordinated, and sustained response to 

20 provide humanitarian assistance; 

21 (B) enhance protection of conflict victims, 

22 including those facing a dire humanitarian cri23 sis and severe persecution because of their faith 

24 or ethnicity; and 

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1 (C) improve access to secure locations for 

2 obtaining humanitarian and resettlement serv3 ices. 

4 (4) TRANSITIONAL JUSTICE, RECONCILIATION, 

5 AND REINTEGRATION PROGRAMS.—Of the funds ap6 propriated by this Act that are made available for 

7 the Relief and Recovery Fund, not less than 

8 $5,000,000 shall be made available to support tran9 sitional justice, reconciliation, and reintegration pro10 grams for vulnerable and persecuted religious mi11 norities, including in the Middle East and North Af12 rica regions: Provided, That such funds shall be 

13 matched, to the maximum extent practicable, from 

14 sources other than the United States Government. 

15 (5) RESPONSIBILITY FOR FUNDS.—Funds made 

16 available by paragraphs (1) and (2) shall be the re17 sponsibility of the Ambassador-at-Large for Inter18 national Religious Freedom, in consultation with 

19 other relevant United States Government officials. 

20 (c) INTERNATIONAL BROADCASTING.—Funds appro21 priated by this Act under the heading ‘‘Broadcasting 

22 Board of Governors, International Broadcasting Oper23 ations’’ shall be made available for programs related to 

24 international religious freedom, including reporting on the 

25 condition of vulnerable and persecuted religious groups. 

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1 (d) ATROCITIES PREVENTION.—Of the funds appro2 priated by this Act under the headings ‘‘Economic Sup3 port Fund’’ and ‘‘International Narcotics Control and 

4 Law Enforcement’’, not less than $5,000,000 shall be 

5 made available for programs to prevent atrocities, includ6 ing to implement recommendations of the Atrocities Pre7 vention Board: Provided, That the Under Secretary for Ci8 vilian Security, Democracy, and Human Rights, Depart9 ment of State, shall be responsible for providing the stra10 tegic policy direction for, and policy oversight of, funds 

11 made available pursuant to this subsection to the Bureaus 

12 of International Narcotics and Law Enforcement Affairs 

13 and Democracy, Human Rights, and Labor, Department 

14 of State: Provided further, That such funds shall be sub15 ject to the regular notification procedures of the Commit16 tees on Appropriations. 

17 (e) FUNDING CLARIFICATION.—Funds made avail18 able pursuant to subsections (b) and (d) are in addition 

19 to amounts otherwise made available for such purposes. 

20 SPECIAL PROVISIONS

21 SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL22 DREN, AND DISPLACED BURMESE.—Funds appropriated 

23 in titles III and VI of this Act that are made available 

24 for victims of war, displaced children, displaced Burmese, 

25 and to combat trafficking in persons and assist victims 

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1 of such trafficking, may be made available notwith2 standing any other provision of law. 

3 (b) LAW ENFORCEMENT AND SECURITY.— 

4 (1) CHILD SOLDIERS.—Funds appropriated by 

5 this Act should not be used to support any military 

6 training or operations that include child soldiers. 

7 (2) CROWD CONTROL ITEMS.—Funds appro8 priated by this Act should not be used for tear gas, 

9 small arms, light weapons, ammunition, or other 

10 items for crowd control purposes for foreign security 

11 forces that use excessive force to repress peaceful ex12 pression, association, or assembly in countries un13 dergoing democratic transition. 

14 (3) DISARMAMENT, DEMOBILIZATION, AND RE15 INTEGRATION.—Section 7034(d) of the Department 

16 of State, Foreign Operations, and Related Programs 

17 Appropriations Act, 2015 (division J of Public Law 

18 113–235) shall continue in effect during fiscal year 

19 2018. 

20 (4) FORENSIC ASSISTANCE.— 

21 (A) Of the funds appropriated by this Act 

22 under the heading ‘‘Economic Support Fund’’, 

23 not less than $8,000,000 shall be made avail24 able for forensic anthropology assistance related 

25 to the exhumation and identification of victims 

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1 of war crimes, crimes against humanity, and 

2 genocide, which shall be administered by the 

3 Assistant Secretary for Democracy, Human 

4 Rights, and Labor, Department of State: Pro5 vided, That such funds shall be in addition to 

6 funds made available by this Act and prior Acts 

7 making appropriations for the Department of 

8 State, foreign operations, and related programs 

9 for assistance for countries. 

10 (B) Of the funds appropriated by this Act 

11 under the heading ‘‘International Narcotics 

12 Control and Law Enforcement’’, not less than 

13 $6,000,000 shall be made available for DNA fo14 rensic technology programs to combat human 

15 trafficking in Central America and Mexico. 

16 (5) INTERNATIONAL PRISON CONDITIONS.— 

17 Section 7065 of the Department of State, Foreign 

18 Operations, and Related Programs Appropriations 

19 Act, 2015 (division J of Public Law 113–235) shall 

20 continue in effect during fiscal year 2018. 

21 (6) RECONSTITUTING CIVILIAN POLICE AU22 THORITY.—In providing assistance with funds ap23 propriated by this Act under section 660(b)(6) of 

24 the Foreign Assistance Act of 1961, support for a 

25 nation emerging from instability may be deemed to 

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1 mean support for regional, district, municipal, or 

2 other sub-national entity emerging from instability, 

3 as well as a nation emerging from instability. 

4 (7) SECURITY ASSISTANCE REPORT.—Not later 

5 than 120 days after enactment of this Act, the Sec6 retary of State shall submit to the Committees on 

7 Appropriations a report on funds obligated and ex8 pended during fiscal year 2017, by country and pur9 pose of assistance, under the headings ‘‘Peace10 keeping Operations’’, ‘‘International Military Edu11 cation and Training’’, and ‘‘Foreign Military Fi12 nancing Program’’. 

13 (8) FOREIGN MILITARY SALES AND FOREIGN

14 MILITARY FINANCING PROGRAM.— 

15 (A) AVAILABILITY.—Funds appropriated 

16 by this Act under the heading ‘‘Foreign Mili17 tary Financing Program’’ for the general costs 

18 of administering military assistance and sales 

19 shall be made available to increase the effi20 ciency and effectiveness of programs authorized 

21 by Chapter 2 of the Arms Export Control Act: 

22 Provided, That prior to the obligation of funds 

23 for such purposes, the Secretary of State shall 

24 consult with the Committees on Appropriations. 

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1 (B) QUARTERLY STATUS REPORT.—Fol2 lowing the submission of the quarterly report 

3 required by section 36 of Public Law 90–629 

4 (22 U.S.C. 2776), the Secretary of State, in co5 ordination with the Secretary of Defense, shall 

6 submit to the Committees on Appropriations a 

7 status report that contains the information de8 scribed under the heading ‘‘Foreign Military Fi9 nancing Program’’ in House Report 115–253. 

10 (9) VETTING REPORT.— 

11 (A) IN GENERAL.—Not later than 90 days 

12 after enactment of this Act, the Secretary of 

13 State shall submit a report to the appropriate 

14 congressional committees on foreign assistance 

15 cases submitted for vetting for purposes of sec16 tion 620M of the Foreign Assistance Act of 

17 1961 during the preceding fiscal year, includ18 ing— 

19 (i) the total number of cases sub20 mitted, approved, suspended, or rejected 

21 for human rights reasons; and 

22 (ii) for cases rejected, a description of 

23 the steps taken to assist the foreign gov24 ernment in taking effective measures to 

25 bring the responsible members of the secuMarch 21, 2018 (6:08 p.m.)
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1 rity forces to justice, in accordance with 

2 section 620M(c) of the Foreign Assistance 

3 Act of 1961. 

4 (B) FORM.—The report required by this 

5 paragraph shall be submitted in unclassified 

6 form, but may be accompanied by a classified 

7 annex. 

8 (10) ANNUAL FOREIGN MILITARY TRAINING RE9 PORT.—For the purposes of implementing section 

10 656 of the Foreign Assistance Act of 1961, the term 

11 ‘‘military training provided to foreign military per12 sonnel by the Department of Defense and the De13 partment of State’’ shall be deemed to include all 

14 military training provided by foreign governments 

15 with funds appropriated to the Department of De16 fense or the Department of State, except for train17 ing provided by the government of a country des18 ignated by section 517(b) of such Act as a major 

19 non-NATO ally. 

20 (11) ASSISTANCE TO ELIMINATE TORTURE.— 

21 Funds appropriated under titles III and IV of this 

22 Act shall be made available, notwithstanding section 

23 660 of the Foreign Assistance Act of 1961 and fol24 lowing consultation with the Committees on Appro25 priations, for assistance to eliminate torture by forMarch 21, 2018 (6:08 p.m.)
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1 eign police, military or other security forces in coun2 tries receiving assistance from funds appropriated by 

3 this Act. 

4 (12) COMBAT CASUALTY CARE.— 

5 (A) Consistent with the objectives of the 

6 Foreign Assistance Act of 1961 and the Arms 

7 Export Control Act, funds appropriated by this 

8 Act under the headings ‘‘Peacekeeping Oper9 ations’’ and ‘‘Foreign Military Financing Pro10 gram’’ shall be made available for combat cas11 ualty training and equipment. 

12 (B) The Secretary of State shall offer com13 bat casualty care training and equipment as a 

14 component of any package of lethal assistance 

15 funded by this Act with funds appropriated 

16 under the headings ‘‘Peacekeeping Operations’’ 

17 and ‘‘Foreign Military Financing Program’’: 

18 Provided, That the requirement of this para19 graph shall apply to a country in conflict, un20 less the Secretary determines that such country 

21 has in place, to the maximum extent prac22 ticable, functioning combat casualty care treat23 ment and equipment that meets or exceeds the 

24 standards recommended by the Committee on 

25 Tactical Combat Casualty Care: Provided furMarch 21, 2018 (6:08 p.m.)
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1 ther, That any such training and equipment for 

2 combat casualty care shall be made available 

3 through an open and transparent process. 

4 (c) WORLD FOOD PROGRAMME.— 

5 (1) CONTRIBUTION.—Funds managed by the 

6 Bureau for Democracy, Conflict, and Humanitarian 

7 Assistance, United States Agency for International 

8 Development, from this or any other Act, may be 

9 made available as a general contribution to the 

10 World Food Programme, notwithstanding any other 

11 provision of law. 

12 (2) PROGRAM TO LEVERAGE ADDITIONAL CON13 TRIBUTIONS.—Funds appropriated by this Act shall 

14 be made available to leverage additional contribu15 tions for the World Food Programme from sources 

16 other than the United States Government: Provided, 

17 That the Secretary of State shall consult with the 

18 Committees on Appropriations on implementation of 

19 this paragraph. 

20 (d) DIRECTIVES AND AUTHORITIES.— 

21 (1) RESEARCH AND TRAINING.—Funds appro22 priated by this Act under the heading ‘‘Assistance 

23 for Europe, Eurasia and Central Asia’’ shall be 

24 made available to carry out the Program for Re25 search and Training on Eastern Europe and the 

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1 Independent States of the Former Soviet Union as 

2 authorized by the Soviet-Eastern European Research 

3 and Training Act of 1983 (22 U.S.C. 4501 et seq.). 

4 (2) GENOCIDE VICTIMS MEMORIAL SITES.— 

5 Funds appropriated by this Act and prior Acts mak6 ing appropriations for the Department of State, for7 eign operations, and related programs under the 

8 headings ‘‘Economic Support Fund’’ and ‘‘Assist9 ance for Europe, Eurasia and Central Asia’’ may be 

10 made available as contributions to establish and 

11 maintain memorial sites of genocide, subject to the 

12 regular notification procedures of the Committees on 

13 Appropriations. 

14 (3) ADDITIONAL AUTHORITIES.—Of the 

15 amounts made available by title I of this Act under 

16 the heading ‘‘Diplomatic and Consular Programs’’, 

17 up to $500,000 may be made available for grants 

18 pursuant to section 504 of the Foreign Relations 

19 Authorization Act, Fiscal Year 1979 (22 U.S.C. 

20 2656d), including to facilitate collaboration with in21 digenous communities, and up to $1,000,000 may be 

22 made available for grants to carry out the activities 

23 of the Cultural Antiquities Task Force. 

24 (4) INNOVATION.—The USAID Administrator 

25 may use funds appropriated by this Act under title 

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1 III to make innovation incentive awards: Provided, 

2 That each individual award may not exceed 

3 $100,000: Provided further, That no more than 10 

4 such awards may be made during fiscal year 2018: 

5 Provided further, That for purposes of this para6 graph the term ‘‘innovation incentive award’’ means 

7 the provision of funding on a competitive basis 

8 that— 

9 (A) encourages and rewards the develop10 ment of solutions for a particular, well-defined 

11 problem related to the alleviation of poverty; or 

12 (B) helps identify and promote a broad 

13 range of ideas and practices facilitating further 

14 development of an idea or practice by third par15 ties. 

16 (5) EXCHANGE VISITOR PROGRAM.—None of 

17 the funds made available by this Act may be used 

18 to modify the Exchange Visitor Program adminis19 tered by the Department of State to implement the 

20 Mutual Educational and Cultural Exchange Act of 

21 1961, as amended, (Public Law 87–256; 22 U.S.C. 

22 2451 et seq.), except through the formal rulemaking 

23 process pursuant to the Administrative Procedures 

24 Act and notwithstanding the exceptions to such rule25 making process in such Act: Provided, That funds 

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1 made available for such purpose shall only be made 

2 available after consultation with, and subject to the 

3 regular notification procedures of, the Committees 

4 on Appropriations, regarding how any proposed 

5 modification would affect the public diplomacy goals 

6 of, and the estimated economic impact on, the 

7 United States. 

8 (6) REPORT.—The report required by section 

9 502(d) of the Intelligence Authorization Act for Fis10 cal Year 2017 (division N of Public Law 115–31; 22 

11 U.S.C. 254a note) shall be provided to the Commit12 tees on Appropriations. 

13 (e) PARTNER VETTING.—The Secretary of State and 

14 USAID Administrator may initiate a partner vetting pro15 gram to mitigate the risk of diversion of foreign assist16 ance, or make significant modifications to any existing 

17 partner vetting program, only following consultation with 

18 the Committees on Appropriations: Provided, That the 

19 Secretary and Administrator should provide a direct vet20 ting option for prime awardees in any partner vetting pro21 gram initiated after the date of the enactment of this Act. 

22 (f) CONTINGENCIES.—During fiscal year 2018, the 

23 President may use up to $125,000,000 under the author24 ity of section 451 of the Foreign Assistance Act of 1961, 

25 notwithstanding any other provision of law. 

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1 (g) INTERNATIONAL CHILD ABDUCTIONS.—The Sec2 retary of State should withhold funds appropriated under 

3 title III of this Act for assistance for the central govern4 ment of any country that is not taking appropriate steps 

5 to comply with the Convention on the Civil Aspects of 

6 International Child Abductions, done at the Hague on Oc7 tober 25, 1980: Provided, That the Secretary shall report 

8 to the Committees on Appropriations within 15 days of 

9 withholding funds under this subsection. 

10 (h) CULTURAL PRESERVATION PROJECT DETER11 MINATION.—None of the funds appropriated in titles I and 

12 III of this Act may be used for the preservation of reli13 gious sites unless the Secretary of State or the USAID 

14 Administrator, as appropriate, determines and reports to 

15 the Committees on Appropriations that such sites are his16 torically, artistically, or culturally significant, that the 

17 purpose of the project is neither to advance nor to inhibit 

18 the free exercise of religion, and that the project is in the 

19 national interest of the United States. 

20 (i) TRANSFER OF FUNDS FOR EXTRAORDINARY PRO21 TECTION.—The Secretary of State may transfer to, and 

22 merge with, funds under the heading ‘‘Protection of For23 eign Missions and Officials’’ unobligated balances of ex24 pired funds appropriated under the heading ‘‘Diplomatic 

25 and Consular Programs’’ for fiscal year 2018, except for 

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1 funds designated for Overseas Contingency Operations/ 

2 Global War on Terrorism pursuant to section 

3 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985, at no later than the end of 

5 the fifth fiscal year after the last fiscal year for which such 

6 funds are available for the purposes for which appro7 priated: Provided, That not more than $50,000,000 may 

8 be transferred. 

9 (j) AUTHORITY TO COUNTER EXTREMISM.—Funds 

10 made available by this Act under the heading ‘‘Economic 

11 Support Fund’’ to counter extremism may be made avail12 able notwithstanding any other provision of law restricting 

13 assistance to foreign countries, except sections 502B and 

14 620A of the Foreign Assistance Act of 1961: Provided, 

15 That the use of the authority of this subsection shall be 

16 subject to prior consultation with the appropriate congres17 sional committees, and the regular notification procedures 

18 of the Committees on Appropriations. 

19 (k) PROTECTIONS AND REMEDIES FOR EMPLOYEES

20 OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI21 ZATIONS.—Section 7034(k) of the Department of State, 

22 Foreign Operations, and Related Programs Appropria23 tions Act, 2015 (division J of Public Law 113–235) shall 

24 continue in effect during fiscal year 2018. 

25 (l) EXTENSION OF AUTHORITIES.— 

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1 (1) PASSPORT FEES.—Section 1(b)(2) of the 

2 Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) 

3 shall be applied by substituting ‘‘September 30, 

4 2018’’ for ‘‘September 30, 2010’’. 

5 (2) INCENTIVES FOR CRITICAL POSTS.—The 

6 authority contained in section 1115(d) of the Sup7 plemental Appropriations Act, 2009 (Public Law 

8 111–32) shall remain in effect through September 

9 30, 2018. 

10 (3) USAID CIVIL SERVICE ANNUITANT WAIV11 ER.—Section 625(j)(1) of the Foreign Assistance 

12 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 

13 by substituting ‘‘September 30, 2018’’ for ‘‘October 

14 1, 2010’’ in subparagraph (B). 

15 (4) OVERSEAS PAY COMPARABILITY AND LIMI16 TATION.— 

17 (A) Subject to the limitation described in 

18 subparagraph (B), the authority provided by 

19 section 1113 of the Supplemental Appropria20 tions Act, 2009 (Public Law 111–32) shall re21 main in effect through September 30, 2018. 

22 (B) The authority described in subpara23 graph (A) may not be used to pay an eligible 

24 member of the Foreign Service (as defined in 

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1 tions Act, 2009 (Public Law 111–32)) a local2 ity-based comparability payment (stated as a 

3 percentage) that exceeds two-thirds of the 

4 amount of the locality-based comparability pay5 ment (stated as a percentage) that would be 

6 payable to such member under section 5304 of 

7 title 5, United States Code, if such member’s 

8 official duty station were in the District of Co9 lumbia. 

10 (5) CATEGORICAL ELIGIBILITY.—The Foreign 

11 Operations, Export Financing, and Related Pro12 grams Appropriations Act, 1990 (Public Law 101– 

13 167) is amended— 

14 (A) in section 599D (8 U.S.C. 1157 

15 note)— 

16 (i) in subsection (b)(3), by striking 

17 ‘‘and 2017’’ and inserting ‘‘2017, and 

18 2018’’; and 

19 (ii) in subsection (e), by striking 

20 ‘‘2017’’ each place it appears and inserting 

21 ‘‘2018’’; and 

22 (B) in section 599E (8 U.S.C. 1255 note) 

23 in subsection (b)(2), by striking ‘‘2017’’ and in24 serting ‘‘2018’’. 

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1 (6) INSPECTOR GENERAL ANNUITANT WAIV2 ER.—The authorities provided in section 1015(b) of 

3 the Supplemental Appropriations Act, 2010 (Public 

4 Law 111–212) shall remain in effect through Sep5 tember 30, 2018. 

6 (7) EXTENSION OF WAR RESERVES STOCKPILE

7 AUTHORITY.— 

8 (A) Section 12001(d) of the Department of 

9 Defense Appropriations Act, 2005 (Public Law 

10 108–287; 118 Stat. 1011) is amended by strik11 ing ‘‘2018’’ and inserting ‘‘2019’’. 

12 (B) Section 514(b)(2)(A) of the Foreign 

13 Assistance Act of 1961 (22 U.S.C. 

14 2321h(b)(2)(A)) is amended by striking ‘‘and 

15 2018’’ and inserting ‘‘2018, and 2019’’. 

16 (8) ACCOUNTABILITY REVIEW BOARDS.—The 

17 authority provided by section 301(a)(3) of the Omni18 bus Diplomatic Security and Antiterrorism Act of 

19 1986 (22 U.S.C. 4831(a)(3)) shall be in effect for 

20 facilities in Afghanistan through September 30, 

21 2018, except that the notification and reporting re22 quirements contained in such section shall include 

23 the Committees on Appropriations. 

24 (m) MONITORING AND EVALUATION.—Funds appro25 priated by this Act that are available for monitoring and 

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1 evaluation of assistance under the headings ‘‘Development 

2 Assistance’’, ‘‘International Disaster Assistance’’ and 

3 ‘‘Migration and Refugee Assistance’’ shall, as appropriate, 

4 be made available for the regular collection of feedback 

5 obtained directly from beneficiaries on the quality and rel6 evance of such assistance: Provided, That the Department 

7 of State and USAID shall, as appropriate, require imple8 menting partners that receive funds under such headings 

9 to establish procedures for regularly collecting and re10 sponding to such feedback, inform the Department of 

11 State and USAID of such procedures, and report to the 

12 Department of State and USAID on actions taken in re13 sponse to the feedback received: Provided further, That the 

14 Department of State and USAID shall conduct regular 

15 oversight to ensure that such feedback is collected and 

16 used by implementing partners to maximize the cost-effec17 tiveness and utility of such assistance. 

18 (n) HIV/AIDS WORKING CAPITAL FUND.—Funds 

19 available in the HIV/AIDS Working Capital Fund estab20 lished pursuant to section 525(b)(1) of the Foreign Oper21 ations, Export Financing, and Related Programs Appro22 priations Act, 2005 (Public Law 108–447) may be made 

23 available for pharmaceuticals and other products for child 

24 survival, malaria, and tuberculosis to the same extent as 

25 HIV/AIDS pharmaceuticals and other products, subject to 

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1 the terms and conditions in such section: Provided, That 

2 the authority in section 525(b)(5) of the Foreign Oper3 ations, Export Financing, and Related Programs Appro4 priation Act, 2005 (Public Law 108–447) shall be exer5 cised by the Assistant Administrator for Global Health, 

6 USAID, with respect to funds deposited for such non7 HIV/AIDS pharmaceuticals and other products, and shall 

8 be subject to the regular notification procedures of the 

9 Committees on Appropriations: Provided further, That the 

10 Secretary of State shall include in the congressional budg11 et justification an accounting of budgetary resources, dis12 bursements, balances, and reimbursements related to such 

13 fund. 

14 (o) LOANS AND ENTERPRISE FUNDS.— 

15 (1) LOAN GUARANTEES.—Funds appropriated 

16 under the headings ‘‘Economic Support Fund’’ and 

17 ‘‘Assistance for Europe, Eurasia and Central Asia’’ 

18 by this Act and prior Acts making appropriations 

19 for the Department of State, foreign operations, and 

20 related programs may be made available for the 

21 costs, as defined in section 502 of the Congressional 

22 Budget Act of 1974, of loan guarantees for Egypt, 

23 Jordan, Iraq, Tunisia, and Ukraine, which are au24 thorized to be provided: Provided, That amounts 

25 made available under this paragraph for the costs of 

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1 such guarantees shall not be considered assistance 

2 for the purposes of provisions of law limiting assist3 ance to a country. 

4 (2) ENTERPRISE FUNDS.—Funds appropriated 

5 under the heading ‘‘Economic Support Fund’’ in 

6 this Act may be made available to establish and op7 erate one or more enterprise funds for Egypt, Jor8 dan, and Tunisia: Provided, That the first, third and 

9 fifth provisos under section 7041(b) of the Depart10 ment of State, Foreign Operations, and Related Pro11 grams Appropriations Act, 2012 (division I of Public 

12 Law 112–74) shall apply to funds appropriated by 

13 this Act under the heading ‘‘Economic Support 

14 Fund’’ for an enterprise fund or funds to the same 

15 extent and in the same manner as such provision of 

16 law applied to funds made available under such sec17 tion (except that the clause excluding subsection 

18 (d)(3) of section 201 of the SEED Act shall not 

19 apply): Provided further, That in addition to the pre20 vious proviso, the authorities in the matter preceding 

21 the first proviso of such section may apply to any 

22 such enterprise fund or funds: Provided further, 

23 That the authority of any such enterprise fund or 

24 funds to provide assistance shall cease to be effective 

25 on December 31, 2028. 

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1 (3) DESIGNATION REQUIREMENT.—Funds 

2 made available pursuant to paragraph (1) from prior 

3 Acts making appropriations for the Department of 

4 State, foreign operations, and related programs that 

5 were previously designated by the Congress for Over6 seas Contingency Operations/Global War on Ter7 rorism pursuant to section 251(b)(2)(A)(ii) of the 

8 Balanced Budget and Emergency Deficit Control 

9 Act of 1985 are designated by the Congress for 

10 Overseas Contingency Operations/Global War on 

11 Terrorism pursuant to section 251(b)(2)(A)(ii) of 

12 such Act. 

13 (4) CONSULTATION AND NOTIFICATION.— 

14 Funds made available pursuant to the authorities of 

15 this subsection shall be subject to prior consultation 

16 with the appropriate congressional committees, and 

17 subject to the regular notification procedures of the 

18 Committees on Appropriations. 

19 (p) LOCAL WORKS.— 

20 (1) The ‘‘Small Grants Program’’ established 

21 pursuant to section 7080 of the Department of 

22 State, Foreign Operations, and Related Programs 

23 Appropriations Act, 2015 (division J of Public Law 

24 113–235) shall hereafter be referred to as ‘‘Local 

25 Works’’. 

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1 (2) Of the funds appropriated by this Act under 

2 the headings ‘‘Development Assistance’’, ‘‘Economic 

3 Support Fund’’, and ‘‘Assistance for Europe, Eur4 asia and Central Asia’’, not less than $47,000,000 

5 shall be made available for Local Works pursuant to 

6 section 7080 of the Department of State, Foreign 

7 Operations, and Related Programs Appropriations 

8 Act, 2015 (division J of Public Law 113–235), 

9 which may remain available until September 30, 

10 2022. 

11 (3) For the purposes of section 7080 of the De12 partment of State, Foreign Operations, and Related 

13 Programs Appropriations Act, 2015 (division J of 

14 Public Law 113–235), ‘‘eligible entities’’ shall be de15 fined as small local, international, and United 

16 States-based nongovernmental organizations, edu17 cational institutions, and other small entities that 

18 have received less than a total of $5,000,000 from 

19 USAID over the previous 5 fiscal years: Provided, 

20 That departments or centers of such educational in21 stitutions may be considered individually in deter22 mining such eligibility. 

23 (q) DEPARTMENT OF STATE INSPECTOR GENERAL

24 WAIVER AUTHORITY.—The Inspector General of the De25 partment of State may waive the provisions of subsections 

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1 (a) through (d) of section 824 of the Foreign Service Act 

2 of 1980 (22 U.S.C. 4064) on a case-by-case basis for an 

3 annuitant reemployed by the Inspector General on a tem4 porary basis, subject to the same constraints and in the 

5 same manner by which the Secretary of State may exercise 

6 such waiver authority pursuant to subsection (g) of such 

7 section. 

8 (r) DEFINITIONS.— 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—Unless otherwise defined in this Act, for 

11 purposes of this Act the term ‘‘appropriate congres12 sional committees’’ means the Committees on Appro13 priations and Foreign Relations of the Senate and 

14 the Committees on Appropriations and Foreign Af15 fairs of the House of Representatives. 

16 (2) FUNDS APPROPRIATED BY THIS ACT AND

17 PRIOR ACTS.—Unless otherwise defined in this Act, 

18 for purposes of this Act the term ‘‘funds appro19 priated by this Act and prior Acts making appro20 priations for the Department of State, foreign oper21 ations, and related programs’’ means funds that re22 main available for obligation, and have not expired. 

23 (3) INTERNATIONAL FINANCIAL INSTITU24 TIONS.—In this Act ‘‘international financial institu25 tions’’ means the International Bank for ReconMarch 21, 2018 (6:08 p.m.)
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1 struction and Development, the International Devel2 opment Association, the International Finance Cor3 poration, the Inter-American Development Bank, the 

4 International Monetary Fund, the Asian Develop5 ment Bank, the Asian Development Fund, the Inter6 American Investment Corporation, the North Amer7 ican Development Bank, the European Bank for Re8 construction and Development, the African Develop9 ment Bank, the African Development Fund, and the 

10 Multilateral Investment Guarantee Agency. 

11 (4) SOUTHERN KORDOFAN REFERENCE.—Any 

12 reference to Southern Kordofan in this or any other 

13 Act making appropriations for the Department of 

14 State, foreign operations, and related programs shall 

15 be deemed to include portions of Western Kordofan 

16 that were previously part of Southern Kordofan 

17 prior to the 2013 division of Southern Kordofan. 

18 (5) USAID.—In this Act, the term ‘‘USAID’’ 

19 means the United States Agency for International 

20 Development. 

21 (6) SPEND PLAN.—In this Act, the term 

22 ‘‘spend plan’’ means a plan for the uses of funds ap23 propriated for a particular entity, country, program, 

24 purpose, or account and which shall include, at a 

25 minimum, a description of— 

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1 (A) realistic and sustainable goals, criteria 

2 for measuring progress, and a timeline for 

3 achieving such goals; 

4 (B) amounts and sources of funds by ac5 count; 

6 (C) how such funds will complement other 

7 ongoing or planned programs; and 

8 (D) implementing partners, to the max9 imum extent practicable. 

10 (7) CLARIFICATION.—In this Act, the terms 

11 ‘‘Assistant Secretary’’ and ‘‘Under Secretary’’ shall 

12 include individuals appointed by the President and 

13 confirmed by the Senate to serve in such designated 

14 positions, as well as individuals serving in acting ca15 pacities or performing functions pursuant to alter 

16 ego delegations with such designated ‘‘Assistant Sec17 retary’’ and ‘‘Under Secretary’’ positions. 

18 ARAB LEAGUE BOYCOTT OF ISRAEL

19 SEC. 7035. It is the sense of the Congress that— 

20 (1) the Arab League boycott of Israel, and the 

21 secondary boycott of American firms that have com22 mercial ties with Israel, is an impediment to peace 

23 in the region and to United States investment and 

24 trade in the Middle East and North Africa; 

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1 (2) the Arab League boycott, which was regret2 tably reinstated in 1997, should be immediately and 

3 publicly terminated, and the Central Office for the 

4 Boycott of Israel immediately disbanded; 

5 (3) all Arab League states should normalize re6 lations with their neighbor Israel; 

7 (4) the President and the Secretary of State 

8 should continue to vigorously oppose the Arab 

9 League boycott of Israel and find concrete steps to 

10 demonstrate that opposition by, for example, taking 

11 into consideration the participation of any recipient 

12 country in the boycott when determining to sell 

13 weapons to said country; and 

14 (5) the President should report to Congress an15 nually on specific steps being taken by the United 

16 States to encourage Arab League states to normalize 

17 their relations with Israel to bring about the termi18 nation of the Arab League boycott of Israel, includ19 ing those to encourage allies and trading partners of 

20 the United States to enact laws prohibiting busi21 nesses from complying with the boycott and penal22 izing businesses that do comply. 

23 PALESTINIAN STATEHOOD

24 SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None 

25 of the funds appropriated under titles III through VI of 

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1 this Act may be provided to support a Palestinian state 

2 unless the Secretary of State determines and certifies to 

3 the appropriate congressional committees that— 

4 (1) the governing entity of a new Palestinian 

5 state— 

6 (A) has demonstrated a firm commitment 

7 to peaceful co-existence with the State of Israel; 

8 and 

9 (B) is taking appropriate measures to 

10 counter terrorism and terrorist financing in the 

11 West Bank and Gaza, including the dismantling 

12 of terrorist infrastructures, and is cooperating 

13 with appropriate Israeli and other appropriate 

14 security organizations; and 

15 (2) the Palestinian Authority (or the governing 

16 entity of a new Palestinian state) is working with 

17 other countries in the region to vigorously pursue ef18 forts to establish a just, lasting, and comprehensive 

19 peace in the Middle East that will enable Israel and 

20 an independent Palestinian state to exist within the 

21 context of full and normal relationships, which 

22 should include— 

23 (A) termination of all claims or states of 

24 belligerency; 

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1 (B) respect for and acknowledgment of the 

2 sovereignty, territorial integrity, and political 

3 independence of every state in the area through 

4 measures including the establishment of demili5 tarized zones; 

6 (C) their right to live in peace within se7 cure and recognized boundaries free from 

8 threats or acts of force; 

9 (D) freedom of navigation through inter10 national waterways in the area; and 

11 (E) a framework for achieving a just set12 tlement of the refugee problem. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the governing entity should enact a constitution 

15 assuring the rule of law, an independent judiciary, and 

16 respect for human rights for its citizens, and should enact 

17 other laws and regulations assuring transparent and ac18 countable governance. 

19 (c) WAIVER.—The President may waive subsection 

20 (a) if the President determines that it is important to the 

21 national security interest of the United States to do so. 

22 (d) EXEMPTION.—The restriction in subsection (a) 

23 shall not apply to assistance intended to help reform the 

24 Palestinian Authority and affiliated institutions, or the 

25 governing entity, in order to help meet the requirements 

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1 of subsection (a), consistent with the provisions of section 

2 7040 of this Act (‘‘Limitation on Assistance for the Pales3 tinian Authority’’). 

4 RESTRICTIONS CONCERNING THE PALESTINIAN

5 AUTHORITY

6 SEC. 7037. None of the funds appropriated under ti7 tles II through VI of this Act may be obligated or ex8 pended to create in any part of Jerusalem a new office 

9 of any department or agency of the United States Govern10 ment for the purpose of conducting official United States 

11 Government business with the Palestinian Authority over 

12 Gaza and Jericho or any successor Palestinian governing 

13 entity provided for in the Israel-PLO Declaration of Prin14 ciples: Provided, That this restriction shall not apply to 

15 the acquisition of additional space for the existing Con16 sulate General in Jerusalem: Provided further, That meet17 ings between officers and employees of the United States 

18 and officials of the Palestinian Authority, or any successor 

19 Palestinian governing entity provided for in the Israel20 PLO Declaration of Principles, for the purpose of con21 ducting official United States Government business with 

22 such authority should continue to take place in locations 

23 other than Jerusalem: Provided further, That as has been 

24 true in the past, officers and employees of the United 

25 States Government may continue to meet in Jerusalem on 

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1 other subjects with Palestinians (including those who now 

2 occupy positions in the Palestinian Authority), have social 

3 contacts, and have incidental discussions. 

4 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

5 BROADCASTING CORPORATION

6 SEC. 7038. None of the funds appropriated or other7 wise made available by this Act may be used to provide 

8 equipment, technical support, consulting services, or any 

9 other form of assistance to the Palestinian Broadcasting 

10 Corporation. 

11 ASSISTANCE FOR THE WEST BANK AND GAZA

12 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2018, 

13 30 days prior to the initial obligation of funds for the bi14 lateral West Bank and Gaza Program, the Secretary of 

15 State shall certify to the Committees on Appropriations 

16 that procedures have been established to assure the Comp17 troller General of the United States will have access to 

18 appropriate United States financial information in order 

19 to review the uses of United States assistance for the Pro20 gram funded under the heading ‘‘Economic Support 

21 Fund’’ for the West Bank and Gaza. 

22 (b) VETTING.—Prior to the obligation of funds ap23 propriated by this Act under the heading ‘‘Economic Sup24 port Fund’’ for assistance for the West Bank and Gaza, 

25 the Secretary of State shall take all appropriate steps to 

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1 ensure that such assistance is not provided to or through 

2 any individual, private or government entity, or edu3 cational institution that the Secretary knows or has reason 

4 to believe advocates, plans, sponsors, engages in, or has 

5 engaged in, terrorist activity nor, with respect to private 

6 entities or educational institutions, those that have as a 

7 principal officer of the entity’s governing board or gov8 erning board of trustees any individual that has been de9 termined to be involved in, or advocating terrorist activity 

10 or determined to be a member of a designated foreign ter11 rorist organization: Provided, That the Secretary of State 

12 shall, as appropriate, establish procedures specifying the 

13 steps to be taken in carrying out this subsection and shall 

14 terminate assistance to any individual, entity, or edu15 cational institution which the Secretary has determined to 

16 be involved in or advocating terrorist activity. 

17 (c) PROHIBITION.— 

18 (1) RECOGNITION OF ACTS OF TERRORISM.— 

19 None of the funds appropriated under titles III 

20 through VI of this Act for assistance under the West 

21 Bank and Gaza Program may be made available 

22 for— 

23 (A) the purpose of recognizing or otherwise 

24 honoring individuals who commit, or have com25 mitted acts of terrorism; and 

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1 (B) any educational institution located in 

2 the West Bank or Gaza that is named after an 

3 individual who the Secretary of State deter4 mines has committed an act of terrorism. 

5 (2) SECURITY ASSISTANCE AND REPORTING RE6 QUIREMENT.—Notwithstanding any other provision 

7 of law, none of the funds made available by this or 

8 prior appropriations Acts, including funds made 

9 available by transfer, may be made available for obli10 gation for security assistance for the West Bank and 

11 Gaza until the Secretary of State reports to the 

12 Committees on Appropriations on the benchmarks 

13 that have been established for security assistance for 

14 the West Bank and Gaza and reports on the extent 

15 of Palestinian compliance with such benchmarks. 

16 (d) OVERSIGHT BY THE UNITED STATES AGENCY

17 FOR INTERNATIONAL DEVELOPMENT.— 

18 (1) The Administrator of the United States 

19 Agency for International Development shall ensure 

20 that Federal or non-Federal audits of all contractors 

21 and grantees, and significant subcontractors and 

22 sub-grantees, under the West Bank and Gaza Pro23 gram, are conducted at least on an annual basis to 

24 ensure, among other things, compliance with this 

25 section. 

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1 (2) Of the funds appropriated by this Act, up 

2 to $1,000,000 may be used by the Office of Inspec3 tor General of the United States Agency for Inter4 national Development for audits, investigations, and 

5 other activities in furtherance of the requirements of 

6 this subsection: Provided, That such funds are in ad7 dition to funds otherwise available for such pur8 poses. 

9 (e) COMPTROLLER GENERAL OF THE UNITED

10 STATES AUDIT.—Subsequent to the certification specified 

11 in subsection (a), the Comptroller General of the United 

12 States shall conduct an audit and an investigation of the 

13 treatment, handling, and uses of all funds for the bilateral 

14 West Bank and Gaza Program, including all funds pro15 vided as cash transfer assistance, in fiscal year 2018 

16 under the heading ‘‘Economic Support Fund’’, and such 

17 audit shall address— 

18 (1) the extent to which such Program complies 

19 with the requirements of subsections (b) and (c); 

20 and 

21 (2) an examination of all programs, projects, 

22 and activities carried out under such Program, in23 cluding both obligations and expenditures. 

24 (f) NOTIFICATION PROCEDURES.—Funds made 

25 available in this Act for West Bank and Gaza shall be 

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1 subject to the regular notification procedures of the Com2 mittees on Appropriations. 

3 (g) REPORT.—Not later than 180 days after enact4 ment of this Act, the Secretary of State shall submit a 

5 report to the Committees on Appropriations updating the 

6 report contained in section 2106 of chapter 2 of title II 

7 of the Emergency Supplemental Appropriations Act for 

8 Defense, the Global War on Terror, and Tsunami Relief, 

9 2005 (Public Law 109–13). 

10 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

11 AUTHORITY

12 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 

13 the funds appropriated by this Act to carry out the provi14 sions of chapter 4 of part II of the Foreign Assistance 

15 Act of 1961 may be obligated or expended with respect 

16 to providing funds to the Palestinian Authority. 

17 (b) WAIVER.—The prohibition included in subsection 

18 (a) shall not apply if the President certifies in writing to 

19 the Speaker of the House of Representatives, the Presi20 dent pro tempore of the Senate, and the Committees on 

21 Appropriations that waiving such prohibition is important 

22 to the national security interest of the United States. 

23 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

24 waiver pursuant to subsection (b) shall be effective for no 

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1 more than a period of 6 months at a time and shall not 

2 apply beyond 12 months after the enactment of this Act. 

3 (d) REPORT.—Whenever the waiver authority pursu4 ant to subsection (b) is exercised, the President shall sub5 mit a report to the Committees on Appropriations detail6 ing the justification for the waiver, the purposes for which 

7 the funds will be spent, and the accounting procedures in 

8 place to ensure that the funds are properly disbursed: Pro9 vided, That the report shall also detail the steps the Pales10 tinian Authority has taken to arrest terrorists, confiscate 

11 weapons and dismantle the terrorist infrastructure. 

12 (e) CERTIFICATION.—If the President exercises the 

13 waiver authority under subsection (b), the Secretary of 

14 State must certify and report to the Committees on Ap15 propriations prior to the obligation of funds that the Pal16 estinian Authority has established a single treasury ac17 count for all Palestinian Authority financing and all fi18 nancing mechanisms flow through this account, no parallel 

19 financing mechanisms exist outside of the Palestinian Au20 thority treasury account, and there is a single comprehen21 sive civil service roster and payroll, and the Palestinian 

22 Authority is acting to counter incitement of violence 

23 against Israelis and is supporting activities aimed at pro24 moting peace, coexistence, and security cooperation with 

25 Israel. 

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1 (f) PROHIBITION TO HAMAS AND THE PALESTINE

2 LIBERATION ORGANIZATION.— 

3 (1) None of the funds appropriated in titles III 

4 through VI of this Act may be obligated for salaries 

5 of personnel of the Palestinian Authority located in 

6 Gaza or may be obligated or expended for assistance 

7 to Hamas or any entity effectively controlled by 

8 Hamas, any power-sharing government of which 

9 Hamas is a member, or that results from an agree10 ment with Hamas and over which Hamas exercises 

11 undue influence. 

12 (2) Notwithstanding the limitation of paragraph 

13 (1), assistance may be provided to a power-sharing 

14 government only if the President certifies and re15 ports to the Committees on Appropriations that such 

16 government, including all of its ministers or such 

17 equivalent, has publicly accepted and is complying 

18 with the principles contained in section 620K(b)(1) 

19 (A) and (B) of the Foreign Assistance Act of 1961, 

20 as amended. 

21 (3) The President may exercise the authority in 

22 section 620K(e) of the Foreign Assistance Act of 

23 1961, as added by the Palestinian Anti-Terrorism 

24 Act of 2006 (Public Law 109–446) with respect to 

25 this subsection. 

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1 (4) Whenever the certification pursuant to 

2 paragraph (2) is exercised, the Secretary of State 

3 shall submit a report to the Committees on Appro4 priations within 120 days of the certification and 

5 every quarter thereafter on whether such govern6 ment, including all of its ministers or such equiva7 lent are continuing to comply with the principles 

8 contained in section 620K(b)(1) (A) and (B) of the 

9 Foreign Assistance Act of 1961, as amended: Pro10 vided, That the report shall also detail the amount, 

11 purposes and delivery mechanisms for any assistance 

12 provided pursuant to the abovementioned certifi13 cation and a full accounting of any direct support of 

14 such government. 

15 (5) None of the funds appropriated under titles 

16 III through VI of this Act may be obligated for as17 sistance for the Palestine Liberation Organization. 

18 MIDDLE EAST AND NORTH AFRICA

19 SEC. 7041. (a) EGYPT.— 

20 (1) CERTIFICATION AND REPORT.—Funds ap21 propriated by this Act that are available for assist22 ance for Egypt may be made available notwith23 standing any other provision of law restricting as24 sistance for Egypt, except for this subsection and 

25 section 620M of the Foreign Assistance Act of 1961, 

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1 and may only be made available for assistance for 

2 the Government of Egypt if the Secretary of State 

3 certifies and reports to the Committees on Appro4 priations that such government is— 

5 (A) sustaining the strategic relationship 

6 with the United States; and 

7 (B) meeting its obligations under the 1979 

8 Egypt-Israel Peace Treaty. 

9 (2) ECONOMIC SUPPORT FUND.— 

10 (A) FUNDING.—Of the funds appropriated 

11 by this Act under the heading ‘‘Economic Sup12 port Fund’’, up to $112,500,000 may be made 

13 available for assistance for Egypt, of which not 

14 less than $35,000,000 should be made available 

15 for higher education programs including not 

16 less than $10,000,000 for scholarships for 

17 Egyptian students with high financial need to 

18 attend not-for-profit institutions of higher edu19 cation: Provided, That such funds shall be made 

20 available for democracy programs, and for de21 velopment programs in the Sinai: Provided fur22 ther, That such funds may not be made avail23 able for cash transfer assistance or budget sup24 port unless the Secretary of State certifies and 

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1 mittees that the Government of Egypt is taking 

2 consistent and effective steps to stabilize the 

3 economy and implement market-based economic 

4 reforms. 

5 (B) WITHHOLDING.—The Secretary of 

6 State shall withhold from obligation funds ap7 propriated by this Act under the heading ‘‘Eco8 nomic Support Fund’’ for assistance for Egypt, 

9 an amount of such funds that the Secretary de10 termines to be equivalent to that expended by 

11 the United States Government for bail, and by 

12 nongovernmental organizations for legal and 

13 court fees, associated with democracy-related 

14 trials in Egypt until the Secretary certifies and 

15 reports to the Committees on Appropriations 

16 that the Government of Egypt has dismissed 

17 the convictions issued by the Cairo Criminal 

18 Court on June 4, 2013, in ‘‘Public Prosecution 

19 Case No. 1110 for the Year 2012’’. 

20 (C) LIMITATION.—None of the funds ap21 propriated by this Act and prior Acts making 

22 appropriations for the Department of State, 

23 foreign operations, and related programs under 

24 the heading ‘‘Economic Support Fund’’ may be 

25 made available for a contribution, voluntary or 

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1 otherwise, to the ‘‘Civil Associations and Foun2 dations Support Fund’’, or any similar fund, es3 tablished pursuant to Law 70 on Associations 

4 and Other Foundations Working in the Field of 

5 Civil Work published in the Official Gazette of 

6 Egypt on May 29, 2017. 

7 (3) FOREIGN MILITARY FINANCING PRO8 GRAM.— 

9 (A) CERTIFICATION.—Of the funds appro10 priated by this Act under the heading ‘‘Foreign 

11 Military Financing Program’’, up to 

12 $1,300,000,000, to remain available until Sep13 tember 30, 2019, may be made available for as14 sistance for Egypt: Provided, That such funds 

15 may be transferred to an interest bearing ac16 count in the Federal Reserve Bank of New 

17 York, following consultation with the Commit18 tees on Appropriations: Provided further, That 

19 $300,000,000 of such funds shall be withheld 

20 from obligation until the Secretary of State cer21 tifies and reports to the Committees on Appro22 priations that the Government of Egypt is tak23 ing sustained and effective steps to— 

24 (i) advance democracy and human 

25 rights in Egypt, including to govern demoMarch 21, 2018 (6:08 p.m.)
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1 cratically and protect religious minorities 

2 and the rights of women, which are in ad3 dition to steps taken during the previous 

4 calendar year for such purposes; 

5 (ii) implement reforms that protect 

6 freedoms of expression, association, and 

7 peaceful assembly, including the ability of 

8 civil society organizations, human rights 

9 defenders, and the media to function with10 out interference; 

11 (iii) release political prisoners and 

12 provide detainees with due process of law; 

13 (iv) hold Egyptian security forces ac14 countable, including officers credibly al15 leged to have violated human rights; 

16 (v) investigate and prosecute cases of 

17 extrajudicial killings and forced disappear18 ances; and 

19 (vi) provide regular access for United 

20 States officials to monitor such assistance 

21 in areas where the assistance is used: 

22 Provided further, That the certification require23 ment of this paragraph shall not apply to funds 

24 appropriated by this Act under such heading 

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1 for counterterrorism, border security, and non2 proliferation programs for Egypt. 

3 (B) WAIVER.—The Secretary of State may 

4 waive the certification requirement in subpara5 graph (A) if the Secretary determines and re6 ports to the Committees on Appropriations that 

7 to do so is important to the national security 

8 interest of the United States, and submits a re9 port to such Committees containing a detailed 

10 justification for the use of such waiver and the 

11 reasons why any of the requirements of sub12 paragraph (A) cannot be met, and including an 

13 assessment of the compliance of the Govern14 ment of Egypt with United Nations Security 

15 Council Resolution 2270 and other such resolu16 tions regarding North Korea: Provided, That 

17 the report required by this paragraph shall be 

18 submitted in unclassified form, but may be ac19 companied by a classified annex. 

20 (4) OVERSIGHT REQUIREMENT.—The Secretary 

21 of State shall take all practicable steps to ensure 

22 that mechanisms are in place for monitoring, over23 sight, and control of funds made available by this 

24 subsection for assistance for Egypt. 

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1 (5) CONSULTATION REQUIREMENT.—Not later 

2 than 90 days after enactment of this Act, the Sec3 retary of State shall consult with the Committees on 

4 Appropriations on any plan to restructure military 

5 assistance for Egypt. 

6 (b) IRAN.— 

7 (1) FUNDING.—Funds appropriated by this Act 

8 under the headings ‘‘Diplomatic and Consular Pro9 grams’’, ‘‘Economic Support Fund’’, and ‘‘Non10 proliferation, Anti-terrorism, Demining and Related 

11 Programs’’ shall be used by the Secretary of State— 

12 (A) to support the United States policy to 

13 prevent Iran from achieving the capability to 

14 produce or otherwise obtain a nuclear weapon; 

15 (B) to support an expeditious response to 

16 any violation of the Joint Comprehensive Plan 

17 of Action or United Nations Security Council 

18 Resolution 2231; 

19 (C) to support the implementation and en20 forcement of sanctions against Iran for support 

21 of terrorism, human rights abuses, and ballistic 

22 missile and weapons proliferation; and 

23 (D) for democracy programs for Iran, to 

24 be administered by the Assistant Secretary for 

25 Near Eastern Affairs, Department of State, in 

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1 consultation with the Assistant Secretary for 

2 Democracy, Human Rights, and Labor, Depart3 ment of State. 

4 (2) CONTINUATION OF PROHIBITION.—The 

5 terms and conditions of section 7041(c)(2) of the 

6 Department of State, Foreign Operations, and Re7 lated Programs Appropriations Act, 2012 (division I 

8 of Public Law 112–74) shall continue in effect dur9 ing fiscal year 2018. 

10 (3) REPORTS.— 

11 (A) SEMI-ANNUAL REPORT.—The Sec12 retary of State shall submit to the Committees 

13 on Appropriations the semi-annual report re14 quired by section 135 of the Atomic Energy Act 

15 of 1954 (42 U.S.C. 2160e(d)(4)), as added by 

16 section 2 of the Iran Nuclear Agreement Re17 view Act of 2015 (Public Law 114–17). 

18 (B) SANCTIONS REPORT.—Not later than 

19 180 days after the date of enactment of this 

20 Act, the Secretary of State, in consultation with 

21 the Secretary of the Treasury, shall submit to 

22 the appropriate congressional committees a re23 port on the status of the implementation and 

24 enforcement of bilateral United States and mul25 tilateral sanctions against Iran and actions 

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1 taken by the United States and the inter2 national community to enforce such sanctions 

3 against Iran: Provided, That the report shall 

4 also include any entities involved in providing 

5 significant support for the development of a 

6 ballistic missile by the Government of Iran after 

7 October 1, 2015, including shipping and financ8 ing, and note whether such entities are cur9 rently under United States sanctions: Provided 

10 further, That such report shall be submitted in 

11 an unclassified form, but may contain a classi12 fied annex if necessary. 

13 (c) IRAQ.— 

14 (1) PURPOSES.—Funds appropriated by this 

15 Act shall be made available for assistance for Iraq 

16 to promote governance and security, and for sta17 bilization programs, including in the Kurdistan Re18 gion of Iraq and other areas impacted by the conflict 

19 in Syria, and among religious and ethnic minority 

20 populations in Iraq: Provided, That such assistance 

21 shall be provided in accordance with the Constitution 

22 of Iraq: Provided further, That funds appropriated 

23 by this Act under the headings ‘‘International Dis24 aster Assistance’’ and ‘‘Migration and Refugee As25 sistance’’ should be made available for assistance for 

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1 the Kurdistan Region of Iraq to address the needs 

2 of internally displaced persons and refugees: Pro3 vided further, That the Secretary of State shall con4 sult with the Committees on Appropriations prior to 

5 obligating funds made available for the Kurdistan 

6 Region of Iraq. 

7 (2) BASING RIGHTS AGREEMENT.—None of the 

8 funds appropriated or otherwise made available by 

9 this Act may be used by the Government of the 

10 United States to enter into a permanent basing 

11 rights agreement between the United States and 

12 Iraq. 

13 (d) JORDAN.—Of the funds appropriated by this Act 

14 under titles III and IV, not less than $1,525,000,000 shall 

15 be made available for assistance for Jordan, of which: not 

16 less than $1,082,400,000 shall be made available under 

17 the heading ‘‘Economic Support Fund’’, of which not less 

18 than $745,100,000 shall be made available for budget sup19 port for the Government of Jordan; and not less than 

20 $425,000,000 shall be made available under the heading 

21 ‘‘Foreign Military Financing Program’’. 

22 (e) LEBANON.— 

23 (1) LIMITATION.—None of the funds appro24 priated by this Act may be made available for the 

25 Lebanese Internal Security Forces (ISF) or the LebMarch 21, 2018 (6:08 p.m.)
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1 anese Armed Forces (LAF) if the ISF or the LAF 

2 is controlled by a foreign terrorist organization, as 

3 designated pursuant to section 219 of the Immigra4 tion and Nationality Act (8 U.S.C. 1189). 

5 (2) CONSULTATION.—Funds appropriated by 

6 this Act under the headings ‘‘International Narcotics 

7 Control and Law Enforcement’’ and ‘‘Foreign Mili8 tary Financing Program’’ that are available for as9 sistance for Lebanon may be made available for pro10 grams and equipment for the ISF and the LAF to 

11 address security and stability requirements in areas 

12 affected by the conflict in Syria, following consulta13 tion with the appropriate congressional committees. 

14 (3) ECONOMIC SUPPORT FUND.—Funds appro15 priated by this Act under the heading ‘‘Economic 

16 Support Fund’’ that are available for assistance for 

17 Lebanon may be made available notwithstanding 

18 section 1224 of the Foreign Relations Authorization 

19 Act, Fiscal Year 2003 (Public Law 107–228; 22 

20 U.S.C. 2346 note). 

21 (4) FOREIGN MILITARY FINANCING PRO22 GRAM.—In addition to the activities described in 

23 paragraph (2), funds appropriated by this Act under 

24 the heading ‘‘Foreign Military Financing Program’’ 

25 for assistance for Lebanon may be made available 

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1 only to professionalize the LAF and to strengthen 

2 border security and combat terrorism, including 

3 training and equipping the LAF to secure Lebanon’s 

4 borders, interdicting arms shipments, preventing the 

5 use of Lebanon as a safe haven for terrorist groups, 

6 and to implement United Nations Security Council 

7 Resolution 1701: Provided, That funds may not be 

8 obligated for assistance for the LAF until the Sec9 retary of State submits to the Committees on Appro10 priations a spend plan, including actions to be taken 

11 to ensure equipment provided to the LAF is only 

12 used for the intended purposes, except such plan 

13 may not be considered as meeting the notification 

14 requirements under section 7015 of this Act or 

15 under section 634A of the Foreign Assistance Act of 

16 1961, and shall be submitted not later than Sep17 tember 1, 2018: Provided further, That any notifica18 tion submitted pursuant to such sections shall in19 clude any funds specifically intended for lethal mili20 tary equipment. 

21 (f) LIBYA.— 

22 (1) FUNDING.—Funds appropriated by titles 

23 III and IV of this Act shall be made available for 

24 assistance for Libya for programs to strengthen gov25 erning institutions and civil society, improve border 

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1 security, and promote stability in Libya, and for ac2 tivities to address the humanitarian needs of the 

3 people of Libya: Provided, That section 7015(j) of 

4 this Act regarding notification of assistance diverted 

5 or destroyed shall apply to funds made available for 

6 assistance for Libya. 

7 (2) LIMITATIONS.— 

8 (A) COOPERATION ON THE SEPTEMBER

9 2012 ATTACK ON UNITED STATES PERSONNEL

10 AND FACILITIES.—None of the funds appro11 priated by this Act may be made available for 

12 assistance for the central Government of Libya 

13 unless the Secretary of State certifies and re14 ports to the Committees on Appropriations that 

15 such government is cooperating with United 

16 States Government efforts to investigate and 

17 bring to justice those responsible for the attack 

18 on United States personnel and facilities in 

19 Benghazi, Libya in September 2012: Provided, 

20 That the limitation in this paragraph shall not 

21 apply to funds made available for the purpose 

22 of protecting United States Government per23 sonnel or facilities. 

24 (B) INFRASTRUCTURE PROJECTS.—The 

25 limitation on the uses of funds in section 

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1 7041(f)(2) of the Department of State, Foreign 

2 Operations, and Related Programs Appropria3 tions Act, 2014 (division K of Public Law 113– 

4 76) shall apply to funds appropriated by this 

5 Act that are made available for assistance for 

6 Libya. 

7 (3) CERTIFICATION.—Prior to the initial obliga8 tion of funds made available by this Act for assist9 ance for Libya, the Secretary of State shall certify 

10 and report to the Committees on Appropriations 

11 that all practicable steps have been taken to ensure 

12 that mechanisms are in place for monitoring, over13 sight, and control of funds made available by this 

14 subsection for assistance for Libya. 

15 (g) MOROCCO.— 

16 (1) AVAILABILITY AND CONSULTATION RE17 QUIREMENT.—Funds appropriated under title III of 

18 this Act shall be made available for assistance for 

19 the Western Sahara: Provided, That not later than 

20 90 days after enactment of this Act and prior to the 

21 obligation of such funds, the Secretary of State, in 

22 consultation with the USAID Administrator, shall 

23 consult with the Committees on Appropriations on 

24 the proposed uses of such funds. 

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1 (2) FOREIGN MILITARY FINANCING PRO2 GRAM.—Funds appropriated by this Act under the 

3 heading ‘‘Foreign Military Financing Program’’ that 

4 are available for assistance for Morocco may only be 

5 used for the purposes requested in the Congressional 

6 Budget Justification, Foreign Operations, Fiscal 

7 Year 2017. 

8 (h) REFUGEE ASSISTANCE IN NORTH AFRICA.—Not 

9 later than 45 days after enactment of this Act, the Sec10 retary of State, after consultation with the United Nations 

11 High Commissioner for Refugees and the Executive Direc12 tor of the World Food Programme, shall submit a report 

13 to the Committees on Appropriations describing steps 

14 taken to strengthen monitoring of the delivery of humani15 tarian assistance provided for refugees in North Africa, 

16 including any steps taken to ensure that all vulnerable ref17 ugees are receiving such assistance. 

18 (i) NORTH AFRICA STRATEGY.—Not later than 60 

19 days after enactment of this Act, the Secretary of State, 

20 in consultation with the Secretary of Defense, shall submit 

21 to the appropriate congressional committees a strategy for 

22 United States engagement in North Africa, which shall in23 clude detailed information on how diplomatic engagement 

24 and assistance will be prioritized for such region, including 

25 to address economic and security needs. 

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1 (j) RELIEF AND RECOVERY FUND.— 

2 (1) FUNDS AND TRANSFER AUTHORITY.—Of 

3 the funds appropriated by this Act under the head4 ings ‘‘Economic Support Fund’’, ‘‘International Nar5 cotics Control and Law Enforcement’’, ‘‘Non6 proliferation, Anti-terrorism, Demining and Related 

7 Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘For8 eign Military Financing Program’’, not less than 

9 $500,000,000 shall be made available for the Relief 

10 and Recovery Fund for assistance for areas liberated 

11 from, at risk from, or under the control of, the Is12 lamic State of Iraq and Syria, other terrorist organi13 zations, or violent extremist organizations in the 

14 Middle East and Africa, including for stabilization 

15 assistance for vulnerable ethnic and religious minor16 ity communities affected by conflict: Provided, That 

17 such funds are in addition to amounts otherwise 

18 made available for such purposes and to amounts 

19 specifically designated in this Act or in the explana20 tory statement described in section 4 (in the matter 

21 preceding division A of this consolidated Act) for as22 sistance for countries: Provided further, That such 

23 funds appropriated under such headings may be 

24 transferred to, and merged with, funds appropriated 

25 under such headings: Provided further, That such 

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1 transfer authority is in addition to any other trans2 fer authority provided by this Act or any other Act, 

3 and is subject to the regular notification procedures 

4 of the Committees on Appropriations. 

5 (2) TRANSITIONAL JUSTICE.—Of the funds ap6 propriated by this Act under the heading ‘‘Inter7 national Narcotics Control and Law Enforcement’’ 

8 that are made available for the Relief and Recovery 

9 Fund, not less than $5,000,000 shall be made avail10 able for programs to promote accountability in Iraq 

11 and Syria for genocide, crimes against humanity, 

12 and war crimes, which shall be in addition to any 

13 other funds made available by this Act for such pur14 poses: Provided, That such programs shall include 

15 components to develop local investigative and judi16 cial skills, and to collect and preserve evidence and 

17 maintain the chain of custody of evidence, including 

18 for use in prosecutions: Provided further, That such 

19 funds shall be administered by the Special Coordi20 nator for the Office of Global Criminal Justice, De21 partment of State: Provided further, That funds 

22 made available by this paragraph shall only be made 

23 available on an open and competitive basis. 

24 (3) COST-MATCHING BASIS.—Funds appro25 priated pursuant to paragraph (1) shall be made 

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1 available to the maximum extent practicable on a 

2 cost-matching basis from sources other than the 

3 United States Government. 

4 (k) SYRIA.— 

5 (1) NON-LETHAL ASSISTANCE.—Funds appro6 priated by this Act under the headings ‘‘Economic 

7 Support Fund’’, ‘‘International Narcotics Control 

8 and Law Enforcement’’, and ‘‘Peacekeeping Oper9 ations’’ shall be made available, to the extent prac10 ticable and notwithstanding any other provision of 

11 law, for non-lethal assistance to address the needs of 

12 civilians affected by conflict in Syria, and programs 

13 that seek to— 

14 (A) establish local governance in Syria that 

15 is representative, inclusive, and accountable; 

16 (B) empower women through political and 

17 economic programs, and address the psycho18 social needs of women and their families in 

19 Syria and neighboring countries; 

20 (C) develop and implement political proc21 esses that are democratic, transparent, and 

22 strengthen the rule of law; 

23 (D) further the legitimacy and viability of 

24 the Syrian opposition, including local governMarch 21, 2018 (6:08 p.m.)
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1 ment structures in Syria and through cross-bor2 der programs; 

3 (E) develop and sustain civil society and 

4 independent media in Syria; 

5 (F) promote stability and economic devel6 opment in Syria; 

7 (G) document, investigate, and prosecute 

8 human rights violations in Syria, including 

9 through transitional justice programs and sup10 port for nongovernmental organizations; 

11 (H) expand the role of women in negotia12 tions to end the violence and in any political 

13 transition in Syria; 

14 (I) assist Syrian refugees whose education 

15 has been interrupted by the ongoing conflict to 

16 complete higher education requirements at uni17 versities and other academic institutions in the 

18 region, and through distance learning; 

19 (J) assist vulnerable populations in Syria 

20 and in neighboring countries; 

21 (K) protect and preserve the cultural iden22 tity of the people of Syria as a counterbalance 

23 to extremism, particularly those living in neigh24 boring countries and among youth; 

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1 (L) protect and preserve cultural heritage 

2 sites in Syria, particularly those damaged and 

3 destroyed by extremists; 

4 (M) counter extremism in Syria; and 

5 (N) facilitate the return of displaced per6 sons to liberated areas in Syria. 

7 (2) DEMINING AND UNEXPLODED ORDNANCE

8 CLEARANCE.—Funds appropriated by this Act under 

9 the heading ‘‘Nonproliferation, Anti-terrorism, 

10 Demining and Related Programs’’ for assistance for 

11 Syria shall be made available for demining and 

12 unexploded ordnance clearance programs. 

13 (3) STRATEGY AND SYRIAN ORGANIZATIONS.— 

14 Funds appropriated by this Act that are made avail15 able for assistance for Syria pursuant to the author16 ity of this subsection— 

17 (A) may only be made available after the 

18 Secretary of State, in consultation with the 

19 heads of relevant United States Government 

20 agencies, submits, in classified form if nec21 essary, an update to the comprehensive strategy 

22 required in section 7041(i)(3) of the Depart23 ment of State, Foreign Operations, and Related 

24 Programs Appropriations Act, 2014 (division K 

25 of Public Law 113–76); and 

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1 (B) shall be made available, on an open 

2 and competitive basis, to continue a program to 

3 strengthen the capability of Syrian civil society 

4 organizations to address the immediate and 

5 long-term needs of the Syrian people in Syria in 

6 a manner that supports the sustainability of 

7 such organizations in implementing Syrian-led 

8 humanitarian and development programs: Pro9 vided, That funds made available by this para10 graph shall be administered by the Bureau for 

11 Democracy, Human Rights, and Labor, Depart12 ment of State. 

13 (4) LIMITATION.—None of the funds appro14 priated by this Act for assistance for Syria may be 

15 made available for a project or activity that supports 

16 or otherwise legitimizes the Government of Iran, for17 eign terrorist organizations (as designated pursuant 

18 to section 219 of the Immigration and Nationality 

19 Act (8 U.S.C. 1189)), or a proxy of Iran in Syria. 

20 (5) MONITORING, OVERSIGHT, CONSULTATION, 

21 AND NOTIFICATION.— 

22 (A) Prior to the obligation of funds appro23 priated by this Act and made available for as24 sistance for Syria, the Secretary of State shall 

25 take all practicable steps to ensure that mechaMarch 21, 2018 (6:08 p.m.)
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1 nisms are in place for monitoring, oversight, 

2 and control of such assistance inside Syria. 

3 (B) Section 7015(j) of this Act regarding 

4 the notification of assistance diverted or de5 stroyed shall apply to funds made available for 

6 assistance for Syria. 

7 (C) Funds made available pursuant to this 

8 subsection may only be made available following 

9 consultation with the appropriate congressional 

10 committees, and shall be subject to the regular 

11 notification procedures of the Committees on 

12 Appropriations. 

13 (l) TUNISIA.—Of the funds appropriated under titles 

14 III and IV of this Act, not less than $165,400,000 shall 

15 be made available for assistance for Tunisia. 

16 (m) WEST BANK AND GAZA.— 

17 (1) REPORT ON ASSISTANCE.—Prior to the ini18 tial obligation of funds made available by this Act 

19 under the heading ‘‘Economic Support Fund’’ for 

20 assistance for the West Bank and Gaza, the Sec21 retary of State shall report to the Committees on 

22 Appropriations that the purpose of such assistance 

23 is to— 

24 (A) advance Middle East peace; 

25 (B) improve security in the region; 

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1 (C) continue support for transparent and 

2 accountable government institutions; 

3 (D) promote a private sector economy; or 

4 (E) address urgent humanitarian needs. 

5 (2) LIMITATIONS.— 

6 (A)(i) None of the funds appropriated 

7 under the heading ‘‘Economic Support Fund’’ 

8 in this Act may be made available for assistance 

9 for the Palestinian Authority, if after the date 

10 of enactment of this Act— 

11 (I) the Palestinians obtain the same 

12 standing as member states or full member13 ship as a state in the United Nations or 

14 any specialized agency thereof outside an 

15 agreement negotiated between Israel and 

16 the Palestinians; or 

17 (II) the Palestinians initiate an Inter18 national Criminal Court (ICC) judicially 

19 authorized investigation, or actively sup20 port such an investigation, that subjects 

21 Israeli nationals to an investigation for al22 leged crimes against Palestinians. 

23 (ii) The Secretary of State may waive the 

24 restriction in clause (i) of this subparagraph re25 sulting from the application of subclause (I) of 

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1 such clause if the Secretary certifies to the 

2 Committees on Appropriations that to do so is 

3 in the national security interest of the United 

4 States, and submits a report to such Commit5 tees detailing how the waiver and the continu6 ation of assistance would assist in furthering 

7 Middle East peace. 

8 (B)(i) The President may waive the provi9 sions of section 1003 of the Foreign Relations 

10 Authorization Act, Fiscal Years 1988 and 1989 

11 (Public Law 100–204) if the President deter12 mines and certifies in writing to the Speaker of 

13 the House of Representatives, the President pro 

14 tempore of the Senate, and the appropriate con15 gressional committees that the Palestinians 

16 have not, after the date of enactment of this 

17 Act— 

18 (I) obtained in the United Nations or 

19 any specialized agency thereof the same 

20 standing as member states or full member21 ship as a state outside an agreement nego22 tiated between Israel and the Palestinians; 

23 and 

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1 (II) initiated or actively supported an 

2 ICC investigation against Israeli nationals 

3 for alleged crimes against Palestinians. 

4 (ii) Not less than 90 days after the Presi5 dent is unable to make the certification pursu6 ant to clause (i) of this subparagraph, the 

7 President may waive section 1003 of Public 

8 Law 100–204 if the President determines and 

9 certifies in writing to the Speaker of the House 

10 of Representatives, the President pro tempore 

11 of the Senate, and the Committees on Appro12 priations that the Palestinians have entered 

13 into direct and meaningful negotiations with 

14 Israel: Provided, That any waiver of the provi15 sions of section 1003 of Public Law 100–204 

16 under clause (i) of this subparagraph or under 

17 previous provisions of law must expire before 

18 the waiver under the preceding sentence may be 

19 exercised. 

20 (iii) Any waiver pursuant to this subpara21 graph shall be effective for no more than a pe22 riod of 6 months at a time and shall not apply 

23 beyond 12 months after the enactment of this 

24 Act. 

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1 (3) REDUCTION.—The Secretary of State shall 

2 reduce the amount of assistance made available by 

3 this Act under the heading ‘‘Economic Support 

4 Fund’’ for the Palestinian Authority by an amount 

5 the Secretary determines is equivalent to the amount 

6 expended by the Palestinian Authority, the Palestine 

7 Liberation Organization, and any successor or affili8 ated organizations with such entities as payments 

9 for acts of terrorism by individuals who are impris10 oned after being fairly tried and convicted for acts 

11 of terrorism and by individuals who died committing 

12 acts of terrorism during the previous calendar year: 

13 Provided, That the Secretary shall report to the 

14 Committees on Appropriations on the amount re15 duced for fiscal year 2018 prior to the obligation of 

16 funds for the Palestinian Authority. 

17 (4) SECURITY REPORT.—The reporting require18 ments in section 1404 of the Supplemental Appro19 priations Act, 2008 (Public Law 110–252) shall 

20 apply to funds made available by this Act, including 

21 a description of modifications, if any, to the security 

22 strategy of the Palestinian Authority. 

23 (5) INCITEMENT REPORT.—Not later than 90 

24 days after enactment of this Act, the Secretary of 

25 State shall submit a report to the appropriate conMarch 21, 2018 (6:08 p.m.)
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1 gressional committees detailing steps taken by the 

2 Palestinian Authority to counter incitement of vio3 lence against Israelis and to promote peace and co4 existence with Israel. 

5 AFRICA

6 SEC. 7042. (a) AFRICAN GREAT LAKES REGION AS7 SISTANCE RESTRICTION.—Funds appropriated by this Act 

8 under the heading ‘‘International Military Education and 

9 Training’’ for the central government of a country in the 

10 African Great Lakes region may be made available only 

11 for Expanded International Military Education and Train12 ing and professional military education until the Secretary 

13 of State determines and reports to the Committees on Ap14 propriations that such government is not facilitating or 

15 otherwise participating in destabilizing activities in a 

16 neighboring country, including aiding and abetting armed 

17 groups. 

18 (b) BOKO HARAM.—Funds appropriated by this Act 

19 that are made available for assistance for Cameroon, 

20 Chad, Niger, and Nigeria— 

21 (1) shall be made available for assistance for 

22 women and girls who are targeted by the terrorist 

23 organization Boko Haram, consistent with the provi24 sions of section 7059 of this Act, and for individuals 

25 displaced by Boko Haram violence; and 

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1 (2) may be made available for counterterrorism 

2 programs to combat Boko Haram. 

3 (c) CENTRAL AFRICAN REPUBLIC.—Funds made 

4 available by this Act for assistance for the Central African 

5 Republic shall be made available for reconciliation and 

6 peacebuilding programs, including activities to promote 

7 inter-faith dialogue at the national and local levels, and 

8 for programs to prevent crimes against humanity. 

9 (d) ETHIOPIA.— 

10 (1) FORCED EVICTIONS.— 

11 (A) Funds appropriated by this Act for as12 sistance for Ethiopia may not be made available 

13 for any activity that supports forced evictions. 

14 (B) The Secretary of the Treasury should 

15 instruct the United States executive director of 

16 each international financial institution to use 

17 the voice and vote of the United States to sup18 port projects in Ethiopia only if such projects 

19 are developed and carried out in accordance 

20 with the requirements of section 7029(b)(2) of 

21 this Act. 

22 (2) CONSULTATION.—Programs and activities 

23 to improve livelihoods shall include prior consulta24 tion with, and the participation of, affected commuMarch 21, 2018 (6:08 p.m.)
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1 nities, including in the South Omo and Gambella re2 gions. 

3 (3) REPORT.—Not later than 45 days after en4 actment of this Act, the Secretary of State shall sub5 mit to the Committees on Appropriations the report 

6 under this subsection in the explanatory statement 

7 described in section 4 (in the matter preceding divi8 sion A of this consolidated Act). 

9 (e) LAKE CHAD BASIN COUNTRIES.—Funds appro10 priated by this Act that are made available for assistance 

11 for Cameroon, Chad, Niger, and Nigeria should be made 

12 available, following consultation with the Committees on 

13 Appropriations, for— 

14 (1) democracy programs, including to protect 

15 freedom of expression, association, assembly, and re16 ligion, including support for independent journalists, 

17 civil society, and democratic political parties; 

18 (2) assistance for governments of such coun19 tries to strengthen accountability and the rule of 

20 law, including within the security forces; and 

21 (3) health and development programs. 

22 (f) LORD’S RESISTANCE ARMY.—Funds appropriated 

23 by this Act shall be made available for programs and ac24 tivities in areas affected by the Lord’s Resistance Army 

25 (LRA) consistent with the goals of the Lord’s Resistance 

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1 Army Disarmament and Northern Uganda Recovery Act 

2 of 2009 (Public Law 111–172), including to improve phys3 ical access, telecommunications infrastructure, and early4 warning mechanisms and to support the disarmament, de5 mobilization, and reintegration of former LRA combat6 ants, especially child soldiers. 

7 (g) MALAWI.—Of the funds appropriated by this Act 

8 under the heading ‘‘Development Assistance’’, not less 

9 than $56,000,000 shall be made available for assistance 

10 for Malawi, of which up to $10,000,000 shall be made 

11 available for higher education programs. 

12 (h) SOUTH SUDAN.— 

13 (1) STRATEGY UPDATE.—Not later than 60 

14 days after enactment of this Act, the Secretary of 

15 State, in consultation with the USAID Adminis16 trator, shall submit an update to the strategy re17 quired in section 7042(i) of the Department of 

18 State, Foreign Operations, and Related Programs 

19 Appropriations Act, 2017 (division J of Public Law 

20 115–31). 

21 (2) CERTIFICATION.—None of the funds appro22 priated by this Act that are available for assistance 

23 for the central Government of South Sudan may be 

24 made available until the Secretary of State certifies 

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1 and reports to the Committees on Appropriations 

2 that such government is taking effective steps to— 

3 (A) end hostilities and pursue good faith 

4 negotiations for a political settlement of the 

5 conflict; 

6 (B) provide access for humanitarian orga7 nizations; 

8 (C) end the recruitment and use of child 

9 soldiers; 

10 (D) protect freedoms of expression, asso11 ciation, and assembly; 

12 (E) reduce corruption related to the ex13 traction and sale of oil and gas; 

14 (F) establish democratic institutions; 

15 (G) establish accountable military and po16 lice forces under civilian authority; and 

17 (H) investigate and prosecute individuals 

18 credibly alleged to have committed gross viola19 tions of human rights, including at the Terrain 

20 compound in Juba, South Sudan on July 11, 

21 2016. 

22 (3) EXCLUSIONS.—The limitation of paragraph 

23 (2) shall not apply to— 

24 (A) humanitarian assistance; 

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1 (B) assistance to support South Sudan 

2 peace negotiations or to advance or implement 

3 a peace agreement; and 

4 (C) assistance to support implementation 

5 of outstanding issues of the Comprehensive 

6 Peace Agreement and mutual arrangements re7 lated to such Agreement. 

8 (4) CONSULTATION.—Prior to the initial obliga9 tion of funds made available for the central Govern10 ment of South Sudan pursuant to paragraphs (3)(B) 

11 and (C), the Secretary of State shall consult with 

12 the Committees on Appropriations on the intended 

13 uses of such funds, steps taken by such government 

14 to advance or implement a peace agreement, and 

15 progress made by the Government of South Sudan 

16 in meeting the requirements in paragraph (2). 

17 (i) SUDAN.— 

18 (1) LIMITATIONS.— 

19 (A) ASSISTANCE.—Notwithstanding any 

20 other provision of law, none of the funds appro21 priated by this Act may be made available for 

22 assistance for the Government of Sudan. 

23 (B) LOANS.—None of the funds appro24 priated by this Act may be made available for 

25 the cost, as defined in section 502 of the ConMarch 21, 2018 (6:08 p.m.)
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1 gressional Budget Act of 1974, of modifying 

2 loans and loan guarantees held by the Govern3 ment of Sudan, including the cost of selling, re4 ducing, or canceling amounts owed to the 

5 United States, and modifying concessional 

6 loans, guarantees, and credit agreements. 

7 (2) EXCLUSIONS.—The limitations of para8 graph (1) shall not apply to— 

9 (A) humanitarian assistance; 

10 (B) assistance for democracy programs; 

11 (C) assistance for the Darfur region, 

12 Southern Kordofan State, Blue Nile State, 

13 other marginalized areas and populations in 

14 Sudan, and Abyei; and 

15 (D) assistance to support implementation 

16 of outstanding issues of the Comprehensive 

17 Peace Agreement, mutual arrangements related 

18 to post-referendum issues associated with such 

19 Agreement, or any other internationally recog20 nized viable peace agreement in Sudan. 

21 (j) ZIMBABWE.— 

22 (1) INSTRUCTION.—The Secretary of the Treas23 ury shall instruct the United States executive direc24 tor of each international financial institution to vote 

25 against any extension by the respective institution of 

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1 any loan or grant to the Government of Zimbabwe, 

2 except to meet basic human needs or to promote de3 mocracy, unless the Secretary of State certifies and 

4 reports to the Committees on Appropriations that 

5 the rule of law has been restored, including respect 

6 for ownership and title to property, and freedoms of 

7 expression, association, and assembly. 

8 (2) LIMITATION.—None of the funds appro9 priated by this Act shall be made available for as10 sistance for the central Government of Zimbabwe, 

11 except for health and education, unless the Secretary 

12 of State certifies and reports as required in para13 graph (1), and funds may be made available for 

14 macroeconomic growth assistance if the Secretary 

15 reports to the Committees on Appropriations that 

16 such government is implementing transparent fiscal 

17 policies, including public disclosure of revenues from 

18 the extraction of natural resources. 

19 EAST ASIA AND THE PACIFIC

20 SEC. 7043. (a) BURMA.— 

21 (1) BILATERAL ECONOMIC ASSISTANCE.— 

22 (A) ECONOMIC SUPPORT FUND.—Funds 

23 appropriated by this Act under the heading 

24 ‘‘Economic Support Fund’’ for assistance for 

25 Burma may be made available notwithstanding 

March 21, 2018 (6:08 p.m.)
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1 any other provision of law, except for this sub2 section, and following consultation with the ap3 propriate congressional committees. 

4 (B) USES.—Funds appropriated under 

5 title III of this Act for assistance for Burma— 

6 (i) shall be made available to 

7 strengthen civil society organizations in 

8 Burma and for programs to strengthen 

9 independent media; 

10 (ii) shall be made available for com11 munity-based organizations operating in 

12 Thailand to provide food, medical, and 

13 other humanitarian assistance to internally 

14 displaced persons in eastern Burma, in ad15 dition to assistance for Burmese refugees 

16 from funds appropriated by this Act under 

17 the heading ‘‘Migration and Refugee As18 sistance’’; 

19 (iii) shall be made available for pro20 grams to promote ethnic and religious tol21 erance and to combat gender-based vio22 lence, including in Rakhine, Shan, Kachin, 

23 and Karen states; 

24 (iv) shall be made available to pro25 mote rural economic development in 

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1 Burma, including through microfinance 

2 programs; 

3 (v) shall be made available to increase 

4 opportunities for foreign direct investment 

5 by strengthening the rule of law, trans6 parency, and accountability; 

7 (vi) shall be made available for pro8 grams to investigate and document allega9 tions of ethnic cleansing and other gross 

10 violations of human rights committed 

11 against the Rohingya people in Rakhine 

12 state at not less than the amount specified 

13 for such programs in the table under this 

14 subsection in the explanatory statement 

15 described in section 4 (in the matter pre16 ceding division A of this consolidated Act): 

17 Provided, That such funds shall be made 

18 available for civil society organizations in 

19 Bangladesh and Burma for such purposes: 

20 Provided further, That prior to the obliga21 tion of such funds, the Assistant Secretary 

22 for Democracy, Human Rights, and Labor, 

23 Department of State, shall ensure the es24 tablishment of a standard documentation 

25 format and documentation procedures for 

March 21, 2018 (6:08 p.m.)
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1 use by such organizations, and shall iden2 tify an appropriate repository for such in3 formation: Provided further, That such 

4 sums shall be in addition to funds other5 wise made available for such purposes; 

6 (vii) shall be made available for pro7 grams to investigate and document allega8 tions of gross violations of human rights 

9 committed in Burma, particularly in areas 

10 of conflict: Provided, That such funds shall 

11 be made available for civil society and 

12 international organizations, including those 

13 in countries bordering Burma, at not less 

14 than the amount specified for such pro15 grams in the table under this subsection in 

16 the explanatory statement described in sec17 tion 4 (in the matter preceding division A 

18 of this consolidated Act); 

19 (viii) shall be made available to sup20 port the implementation of the August 

21 2017 Final Report of the Advisory Com22 mission on Rakhine State entitled ‘‘To23 wards a Peaceful, Fair and Prosperous 

24 Future for the People of Rakhine’’; 

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1 (ix) may not be made available to any 

2 individual or organization if the Secretary 

3 of State has credible information that such 

4 individual or organization has committed a 

5 gross violation of human rights, including 

6 against Rohingya and other minority 

7 groups, or that advocates violence against 

8 ethnic or religious groups or individuals in 

9 Burma; 

10 (x) may not be made available to any 

11 organization or entity controlled by the 

12 armed forces of Burma; 

13 (xi) may be made available for ethnic 

14 groups and civil society in Burma to help 

15 sustain ceasefire agreements and further 

16 prospects for reconciliation and peace, 

17 which may include support to representa18 tives of ethnic armed groups for this pur19 pose; and 

20 (xii) may only be made available for 

21 programs to support the return of 

22 Rohingya, Karen, and other refugees and 

23 internally displaced persons to their loca24 tions of origin or preference in Burma if 

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1 such returns are voluntary and consistent 

2 with international law. 

3 (C) REGIONAL PROGRAMS.—Funds appro4 priated under title III of this Act shall be made 

5 available for regional programs to address vio6 lent extremism, which shall be administered by 

7 the Mission Director of the Regional Develop8 ment Mission for Asia, USAID. 

9 (2) INTERNATIONAL SECURITY ASSISTANCE.— 

10 None of the funds appropriated by this Act under 

11 the headings ‘‘International Military Education and 

12 Training’’ and ‘‘Foreign Military Financing Pro13 gram’’ may be made available for assistance for 

14 Burma: Provided, That the Department of State 

15 may continue consultations with the armed forces of 

16 Burma only on human rights and disaster response 

17 in a manner consistent with the prior fiscal year, 

18 and following consultation with the appropriate con19 gressional committees. 

20 (3) MULTILATERAL ASSISTANCE.—The Sec21 retary of the Treasury should instruct the United 

22 States executive director of each international finan23 cial institution to use the voice and vote of the 

24 United States to support projects in Burma only if 

25 such projects are developed and carried out in acMarch 21, 2018 (6:08 p.m.)
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1 cordance with the requirements of section 

2 7029(b)(2) of this Act. 

3 (4) CERTIFICATION AND WAIVER.— 

4 (A) Notwithstanding any provision of this 

5 subsection, of the funds appropriated by this 

6 Act under the heading ‘‘Economic Support 

7 Fund’’ that are made available for assistance 

8 for Burma, 15 percent may not be obligated 

9 until the Secretary of State certifies and reports 

10 to the Committees on Appropriations that the 

11 Government of Burma— 

12 (i) has terminated military coopera13 tion with North Korea; 

14 (ii) is respecting human rights and 

15 the rule of law, including the arrest and 

16 prosecution of journalists and two Kachin 

17 pastors in December 2016; 

18 (iii) is revising, updating, or repealing 

19 colonial-era and other oppressive laws that 

20 are used in such prosecutions, including 

21 the Unlawful Associations Act; and 

22 (iv) is credibly investigating the mur23 der of U Ko Ni, and is taking steps to pro24 tect and defend the security and safety of 

25 other activists. 

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1 (B) The Secretary of State may waive the 

2 requirements of this paragraph if the Secretary 

3 determines and reports to the Committees on 

4 Appropriations that do so is in the national in5 terest. 

6 (5) PROGRAMS, POSITION, AND RESPONSIBIL7 ITIES.— 

8 (A) Any new program or activity in Burma 

9 initiated in fiscal year 2018 shall be subject to 

10 prior consultation with the appropriate congres11 sional committees. 

12 (B) Section 7043(b)(7) of the Department 

13 of State, Foreign Operations, and Related Pro14 grams Appropriations Act, 2015 (division J of 

15 Public Law 113–235) shall continue in effect 

16 during fiscal year 2018. 

17 (C) The United States Chief of Mission in 

18 Burma, in consultation with the Assistant Sec19 retary for Democracy, Human Rights, and 

20 Labor, Department of State, shall be respon21 sible for democracy and human rights programs 

22 in Burma. 

23 (b) CAMBODIA.— 

24 (1) ASSISTANCE.— 

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1 (A) None of the funds appropriated by this 

2 Act that are made available for assistance for 

3 the Government of Cambodia may be obligated 

4 or expended unless the Secretary of State cer5 tifies and reports to the Committees on Appro6 priations that such Government is taking effec7 tive steps to— 

8 (i) strengthen regional security and 

9 stability, particularly regarding territorial 

10 disputes in the South China Sea and the 

11 enforcement of international sanctions with 

12 respect to North Korea; and 

13 (ii) respect the rights and responsibil14 ities enshrined in the Constitution of the 

15 Kingdom of Cambodia as enacted in 1993, 

16 including through the— 

17 (I) restoration of the civil and 

18 political rights of the opposition Cam19 bodia National Rescue Party, media, 

20 and civil society organizations; 

21 (II) restoration of all elected offi22 cials to their elected offices; and 

23 (III) release of all political pris24 oners, including journalists, civil sociMarch 21, 2018 (6:08 p.m.)
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1 ety activists, and members of the op2 position political party. 

3 (B) Funds appropriated under title III of 

4 this Act for assistance for Cambodia shall be 

5 made available for— 

6 (i) democracy programs, including re7 search and education programs associated 

8 with the Khmer Rouge in Cambodia, ex9 cept that no funds for such purposes may 

10 be made available to the Extraordinary 

11 Chambers in the Court of Cambodia; and 

12 (ii) programs in the Khmer language 

13 to counter the influence of the People’s Re14 public of China in Cambodia. 

15 (2) VISA RESTRICTION.—Funds appropriated 

16 under title I of this Act shall be made available to 

17 continue to implement the policy announced by the 

18 Department of State on December 6, 2017, to re19 strict the issuance of visas to enter the United 

20 States to individuals involved in undermining democ21 racy in Cambodia, including the family members of 

22 such individuals, as appropriate: Provided, That not 

23 later than 30 days after enactment of this Act, the 

24 Secretary of State shall submit a report to the apMarch 21, 2018 (6:08 p.m.)
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1 propriate congressional committees describing the 

2 implementation of such policy. 

3 (c) NORTH KOREA.— 

4 (1) CYBERSECURITY.—None of the funds ap5 propriated by this Act and prior Acts making appro6 priations for the Department of State, foreign oper7 ations, and related programs may be made available 

8 for assistance for the central government of a coun9 try the Secretary of State determines and reports to 

10 the appropriate congressional committees engages in 

11 significant transactions contributing materially to 

12 the malicious cyber-intrusion capabilities of the Gov13 ernment of North Korea: Provided, That the Sec14 retary of State shall submit the report required by 

15 section 209 of the North Korea Sanctions and Policy 

16 Enhancement Act of 2016 (Public Law 114–122; 22 

17 U.S.C. 9229), as amended, to the Committees on 

18 Appropriations in the manner described in subpara19 graph (2)(A) of such section: Provided further, That 

20 the Secretary of State may waive the application of 

21 the restriction in this paragraph with respect to as22 sistance for the central government of a country if 

23 the Secretary determines and reports to the appro24 priate congressional committees that to do so is im25 portant to the national security interest of the 

March 21, 2018 (6:08 p.m.)
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1 United States, including a description of such inter2 est served. 

3 (2) BROADCASTS.—Funds appropriated by this 

4 Act under the heading ‘‘International Broadcasting 

5 Operations’’ shall be made available to maintain 

6 broadcasting hours into North Korea at levels not 

7 less than the prior fiscal year. 

8 (3) REFUGEES.—Funds appropriated by this 

9 Act under the heading ‘‘Migration and Refugee As10 sistance’’ should be made available for assistance for 

11 refugees from North Korea, including protection ac12 tivities in the People’s Republic of China and other 

13 countries in Asia. 

14 (4) HUMAN RIGHTS PROMOTION, DATABASE, 

15 AND LIMITATION ON USE OF FUNDS.— 

16 (A) HUMAN RIGHTS PROMOTION.—Of the 

17 funds appropriated by this Act under the head18 ings ‘‘Economic Support Fund’’ and ‘‘Democ19 racy Fund’’, not less than $8,000,000 shall be 

20 made available for the promotion of human 

21 rights in North Korea: Provided, That such 

22 funds shall be administered by the Assistant 

23 Secretary for Democracy, Human Rights, and 

24 Labor, Department of State: Provided further, 

March 21, 2018 (6:08 p.m.)
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1 That the authority of section 7032(b) of this 

2 Act shall apply to such funds. 

3 (B) DATABASE.—Funds appropriated by 

4 this Act under title III shall be made available 

5 to maintain a database of prisons and gulags in 

6 North Korea, in accordance with section 

7 7032(i) of the Department of State, Foreign 

8 Operations, and Related Programs Appropria9 tions Act, 2014 (division K of Public Law 113– 

10 76). 

11 (C) LIMITATION.—None of the funds made 

12 available by this Act under the heading ‘‘Eco13 nomic Support Fund’’ may be made available 

14 for assistance for the Government of North 

15 Korea. 

16 (d) PEOPLE’S REPUBLIC OF CHINA.— 

17 (1) LIMITATION ON USE OF FUNDS.—None of 

18 the funds appropriated under the heading ‘‘Diplo19 matic and Consular Programs’’ in this Act may be 

20 obligated or expended for processing licenses for the 

21 export of satellites of United States origin (including 

22 commercial satellites and satellite components) to 

23 the People’s Republic of China (PRC) unless, at 

24 least 15 days in advance, the Committees on Appro25 priations are notified of such proposed action. 

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1 (2) PEOPLE’S LIBERATION ARMY.—The terms 

2 and requirements of section 620(h) of the Foreign 

3 Assistance Act of 1961 shall apply to foreign assist4 ance projects or activities of the People’s Liberation 

5 Army (PLA) of the PRC, to include such projects or 

6 activities by any entity that is owned or controlled 

7 by, or an affiliate of, the PLA: Provided, That none 

8 of the funds appropriated or otherwise made avail9 able pursuant to this Act may be used to finance 

10 any grant, contract, or cooperative agreement with 

11 the PLA, or any entity that the Secretary of State 

12 has reason to believe is owned or controlled by, or 

13 an affiliate of, the PLA. 

14 (3) COUNTER INFLUENCE PROGRAMS.—Funds 

15 appropriated by this Act for public diplomacy under 

16 title I and for assistance under titles III and IV 

17 shall be made available to counter the influence of 

18 the PRC, in accordance with the strategy required 

19 by section 7043(e)(3) of the Department of State, 

20 Foreign Operations, and Related Programs Appro21 priations Act, 2014 (division K of Public Law 113– 

22 76), following consultation with the Committees on 

23 Appropriations. 

24 (4) AUTHORITY AND NOTIFICATION REQUIRE25 MENT.— 

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1 (A) AUTHORITY.—The uses of funds made 

2 available by this Act for the promotion of de3 mocracy in the PRC, except for funds made 

4 available under subsection (f), shall be the re5 sponsibility of the Assistant Secretary for De6 mocracy, Human Rights, and Labor, Depart7 ment of State. 

8 (B) NOTIFICATION.—Funds appropriated 

9 by this Act that are made available for trilateral 

10 programs conducted with the PRC shall be sub11 ject to the regular notification procedures of the 

12 Committees on Appropriations. 

13 (e) PHILIPPINES.—Funds appropriated by this Act 

14 under the heading ‘‘International Narcotics Control and 

15 Law Enforcement’’ may be made available for counter16 narcotics assistance for the Philippine National Police only 

17 if the Secretary of State determines and reports to the 

18 Committees on Appropriations that the Government of the 

19 Philippines has adopted and is implementing a counter20 narcotics strategy that is consistent with international 

21 human rights standards, including investigating and pros22 ecuting individuals who are credibly alleged to have or23 dered, committed, or covered up extrajudicial killings and 

24 other gross violations of human rights in the conduct of 

25 counternarcotics operations: Provided, That the limitation 

March 21, 2018 (6:08 p.m.)
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1 of this paragraph shall not apply to funds made available 

2 for drug demand reduction or maritime programs, or to 

3 support for the development of such counternarcotics 

4 strategy following consultation with the appropriate con5 gressional committees. 

6 (f) TIBET.— 

7 (1) FINANCING OF PROJECTS IN TIBET.—The 

8 Secretary of the Treasury should instruct the United 

9 States executive director of each international finan10 cial institution to use the voice and vote of the 

11 United States to support financing of projects in 

12 Tibet if such projects do not provide incentives for 

13 the migration and settlement of non-Tibetans into 

14 Tibet or facilitate the transfer of ownership of Ti15 betan land and natural resources to non-Tibetans, 

16 are based on a thorough needs-assessment, foster 

17 self-sufficiency of the Tibetan people and respect Ti18 betan culture and traditions, and are subject to ef19 fective monitoring. 

20 (2) PROGRAMS FOR TIBETAN COMMUNITIES.— 

21 (A) TIBET AUTONOMOUS REGION.—Not22 withstanding any other provision of law, of the 

23 funds appropriated by this Act under the head24 ing ‘‘Economic Support Fund’’, not less than 

25 $8,000,000 shall be made available to nonMarch 21, 2018 (6:08 p.m.)
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1 governmental organizations to support activities 

2 which preserve cultural traditions and promote 

3 sustainable development, education, and envi4 ronmental conservation in Tibetan communities 

5 in the Tibet Autonomous Region and in other 

6 Tibetan communities in China. 

7 (B) INDIA AND NEPAL.—Of the funds ap8 propriated by this Act under the heading ‘‘Eco9 nomic Support Fund’’, not less than 

10 $6,000,000 shall be made available for pro11 grams to promote and preserve Tibetan culture, 

12 development, and the resilience of Tibetan com13 munities in India and Nepal, and to assist in 

14 the education and development of the next gen15 eration of Tibetan leaders from such commu16 nities: Provided, That such funds are in addi17 tion to amounts made available in subpara18 graph (A) for programs inside Tibet. 

19 (C) TIBETAN GOVERNANCE.—Of the funds 

20 appropriated by this Act under the heading 

21 ‘‘Economic Support Fund’’, not less than 

22 $3,000,000 shall be made available for pro23 grams to strengthen the capacity of Tibetan in24 stitutions and governance. 

25 (g) VIETNAM.— 

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1 (1) DIOXIN REMEDIATION.—Notwithstanding 

2 any other provision of law, of the funds appropriated 

3 by this Act under the heading ‘‘Economic Support 

4 Fund’’, not less than $20,000,000 shall be made 

5 available for activities related to the remediation of 

6 dioxin contaminated sites in Vietnam and may be 

7 made available for assistance for the Government of 

8 Vietnam, including the military, for such purposes. 

9 (2) HEALTH AND DISABILITY PROGRAMS.—Of 

10 the funds appropriated by this Act under the head11 ing ‘‘Development Assistance’’, not less than 

12 $10,000,000 shall be made available for health and 

13 disability programs in areas sprayed with Agent Or14 ange and otherwise contaminated with dioxin, to as15 sist individuals with severe upper or lower body mo16 bility impairment or cognitive or developmental dis17 abilities. 

18 SOUTH AND CENTRAL ASIA

19 SEC. 7044. (a) AFGHANISTAN.— 

20 (1) ASSISTANCE AND CONDITIONS.— 

21 (A) FUNDING AND LIMITATIONS.—Funds 

22 appropriated by this Act under the headings 

23 ‘‘Economic Support Fund’’ and ‘‘International 

24 Narcotics Control and Law Enforcement’’ may 

25 be made available for assistance for AfghaniMarch 21, 2018 (6:08 p.m.)
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1 stan: Provided, That such funds may not be ob2 ligated for any project or activity that— 

3 (i) includes the participation of any 

4 Afghan individual or organization, includ5 ing government entity, if the Secretary of 

6 State has credible information that such 

7 individual, organization, or entity is in8 volved in corrupt practices, illicit narcotics 

9 production or trafficking, or a violation of 

10 human rights; 

11 (ii) cannot be sustained, as appro12 priate, by the Government of Afghanistan 

13 or another Afghan entity; 

14 (iii) is not regularly accessible for the 

15 purposes of conducting effective oversight 

16 in accordance with applicable Federal stat17 utes and regulations; 

18 (iv) initiates any new, major infra19 structure development; or 

20 (v) is conducted in areas where 

21 project and resource disbursement moni22 toring cannot be performed, unless the 

23 Secretary of State, in consultation with the 

24 Administrator of the United States Agency 

25 for International Development, certifies to 

March 21, 2018 (6:08 p.m.)
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1 the Committees on Appropriations that to 

2 do so is in the national security interest of 

3 the United States, and submits a report to 

4 such Committees describing such interest, 

5 including how such project or activity does 

6 not legitimize the Taliban or other extrem7 ist organizations. 

8 (B) CERTIFICATION AND REPORT.—Prior 

9 to the initial obligation of funds made available 

10 by this Act under the headings ‘‘Economic Sup11 port Fund’’ and ‘‘International Narcotics Con12 trol and Law Enforcement’’ for assistance for 

13 the central Government of Afghanistan, the 

14 Secretary of State shall certify and report to 

15 the Committees on Appropriations, after con16 sultation with the Government of Afghanistan, 

17 that— 

18 (i) goals and benchmarks for the spe19 cific uses of such funds have been estab20 lished by the Governments of the United 

21 States and Afghanistan; 

22 (ii) conditions are in place that in23 crease the transparency and accountability 

24 of the Government of Afghanistan for 

25 funds obligated under the New DevelopMarch 21, 2018 (6:08 p.m.)
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1 ment Partnership or other incentive-based 

2 programs; 

3 (iii) the Government of Afghanistan is 

4 implementing laws and policies to govern 

5 democratically and protect the rights of in6 dividuals, civil society, and the media; 

7 (iv) the Government of Afghanistan is 

8 taking consistent steps to protect and ad9 vance the rights of women and girls in Af10 ghanistan; 

11 (v) the Government of Afghanistan is 

12 effectively implementing a whole-of-govern13 ment, anti-corruption strategy that has 

14 been endorsed by the High Council on 

15 Rule of Law and Anti-Corruption, as 

16 agreed to at the Brussels Conference on 

17 Afghanistan in October 2016, and is pros18 ecuting individuals alleged to be involved in 

19 corrupt or illegal activities in Afghanistan; 

20 (vi) monitoring and oversight frame21 works for programs implemented with such 

22 funds are in accordance with all applicable 

23 audit policies of the Department of State 

24 and USAID, including in areas under the 

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1 control of the Taliban or other extremist 

2 organizations; 

3 (vii) the necessary policies and proce4 dures are in place to ensure Government of 

5 Afghanistan compliance with section 7013 

6 of this Act, ‘‘Prohibition on Taxation of 

7 United States Assistance’’; and 

8 (viii) the Government of Afghanistan 

9 is publicly reporting its national budget, 

10 including revenues and expenditures. 

11 (C) WAIVER.—The Secretary of State may 

12 waive the certification requirement of subpara13 graph (B) if the Secretary determines that to 

14 do so is important to the national security in15 terest of the United States and the Secretary 

16 submits a report to the Committees on Appro17 priations, in classified form if necessary, on the 

18 justification for the waiver and the reasons why 

19 any of the requirements of subparagraph (B) 

20 cannot be met. 

21 (D) PROGRAMS.—Funds appropriated by 

22 this Act that are made available for assistance 

23 for Afghanistan shall be made available— 

24 (i) for programs that protect and 

25 strengthen the rights of women and girls 

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1 and promote the political and economic 

2 empowerment of women, including their 

3 meaningful inclusion in political processes: 

4 Provided, That such assistance to promote 

5 economic empowerment of women shall be 

6 made available as grants to Afghan organi7 zations, to the maximum extent prac8 ticable; 

9 (ii) for programs in South and Cen10 tral Asia to expand linkages between Af11 ghanistan and countries in the region; and 

12 (iii) to assist the Government of Af13 ghanistan to develop transparent budg14 etary processes, including executing a con15 sistently applied system of legitimate rev16 enue generation and expenditure. 

17 (E) TAXATION.—None of the funds appro18 priated by this Act for assistance for Afghani19 stan may be made available for direct govern20 ment-to-government assistance unless the Sec21 retary of State certifies and reports to the Com22 mittees on Appropriations that— 

23 (i) the United States Government and 

24 the Government of Afghanistan have in 

25 place the agreements necessary to ensure 

March 21, 2018 (6:08 p.m.)
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1 compliance with the principles set forth in 

2 section 7013 of this Act; and 

3 (ii) United States companies and or4 ganizations that are implementing United 

5 States assistance programs in Afghanistan 

6 in a manner consistent with United States 

7 laws and regulations are not subjected by 

8 the Government of Afghanistan to taxes or 

9 other fees in contravention of the agree10 ments referenced in clause (i), and are not 

11 subjected to retaliation by the Government 

12 of Afghanistan for the nonpayment of such 

13 taxes or fees imposed in the past: Pro14 vided, That not later than 90 days after 

15 enactment of this Act, the Secretary of 

16 State shall submit to the Committees on 

17 Appropriations an assessment of the dollar 

18 value of improper taxes or fees levied by 

19 such government against such companies 

20 and organizations in fiscal year 2017. 

21 (2) GOALS AND BENCHMARKS.—Not later than 

22 90 days after enactment of this Act, the Secretary 

23 of State shall submit to the appropriate congres24 sional committees a report describing the goals and 

25 benchmarks required in paragraph (1)(B)(i): ProMarch 21, 2018 (6:08 p.m.)
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1 vided, That not later than 6 months after the sub2 mission of such report and every 6 months there3 after until September 30, 2019, the Secretary of 

4 State shall submit a report to such committees on 

5 the status of achieving such goals and benchmarks: 

6 Provided further, That the Secretary of State should 

7 suspend assistance for the Government of Afghani8 stan if any report required by this paragraph indi9 cates that such government is failing to make meas10 urable progress in meeting such goals and bench11 marks. 

12 (3) AUTHORITIES.— 

13 (A) Funds appropriated by this Act under 

14 title III through VI that are made available for 

15 assistance for Afghanistan may be made avail16 able— 

17 (i) notwithstanding section 7012 of 

18 this Act or any similar provision of law 

19 and section 660 of the Foreign Assistance 

20 Act of 1961; 

21 (ii) for reconciliation programs and 

22 disarmament, demobilization, and re23 integration activities for former combat24 ants who have renounced violence against 

25 the Government of Afghanistan, in accordMarch 21, 2018 (6:08 p.m.)
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1 ance with section 7046(a)(2)(B)(ii) of the 

2 Department of State, Foreign Operations, 

3 and Related Programs Appropriations Act, 

4 2012 (division I of Public Law 112–74); 

5 and 

6 (iii) for an endowment to empower 

7 women and girls. 

8 (B) Section 7046(a)(2)(A) of the Depart9 ment of State, Foreign Operations, and Related 

10 Programs Appropriations Act, 2012 (division I 

11 of Public Law 112–74) shall apply to funds ap12 propriated by this Act for assistance for Af13 ghanistan. 

14 (4) BASING RIGHTS AGREEMENT.—None of the 

15 funds made available by this Act may be used by the 

16 United States Government to enter into a perma17 nent basing rights agreement between the United 

18 States and Afghanistan. 

19 (b) NEPAL.— 

20 (1) ASSISTANCE.—Not less than $121,480,000 

21 of the funds appropriated by this Act under the 

22 headings ‘‘Global Health Programs’’, ‘‘Economic 

23 Support Fund’’, ‘‘International Narcotics Control 

24 and Law Enforcement’’, and ‘‘Nonproliferation, 

25 Anti-terrorism, Demining and Related Programs’’ 

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1 shall be made available for assistance for Nepal, in2 cluding for earthquake recovery and reconstruction 

3 programs. 

4 (2) FOREIGN MILITARY FINANCING PRO5 GRAM.—Funds appropriated by this Act under the 

6 heading ‘‘Foreign Military Financing Program’’ 

7 shall only be made available for humanitarian and 

8 disaster relief and reconstruction activities in Nepal, 

9 and in support of international peacekeeping oper10 ations: Provided, That such funds may only be made 

11 available for any additional uses if the Secretary of 

12 State certifies and reports to the Committees on Ap13 propriations that the Government of Nepal is inves14 tigating and prosecuting violations of human rights 

15 and the laws of war, and the Nepal Army is cooper16 ating fully with civilian judicial authorities in such 

17 cases. 

18 (c) PAKISTAN.— 

19 (1) INTERNATIONAL SECURITY ASSISTANCE.— 

20 (A) LIMITATION.—Funds appropriated by 

21 this Act under the heading ‘‘Foreign Military 

22 Financing Program’’ for assistance for Paki23 stan may be made available only to support 

24 counterterrorism and counterinsurgency capa25 bilities in Pakistan. 

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1 (B) CONSULTATION.—Not later than 30 

2 days after enactment of this Act, and prior to 

3 the submission of the report required by section 

4 653(a) of the Foreign Assistance Act of 1961, 

5 the Secretary of State shall consult with the 

6 Committees on Appropriations on the amount 

7 of funds appropriated by this Act under the 

8 heading ‘‘Foreign Military Financing Program’’ 

9 that is anticipated to be subject to the January 

10 2018 policy decision of the United States to 

11 suspend security assistance for Pakistan: Pro12 vided, That the Secretary shall promptly inform 

13 the appropriate congressional committees in 

14 writing of any changes to such policy, the jus15 tification for such changes, and the progress 

16 made by the Government of Pakistan in meet17 ing the counterterrorism objectives described 

18 under this section in the explanatory statement 

19 described in section 4 (in the matter preceding 

20 division A of this consolidated Act). 

21 (C) REPROGRAMMING.—Funds appro22 priated by this Act and prior Acts making ap23 propriations for the Department of State, for24 eign operations, and related programs under 

25 the heading ‘‘Foreign Military Financing ProMarch 21, 2018 (6:08 p.m.)
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1 gram’’ for assistance for Pakistan that are 

2 withheld from obligation or expenditure by the 

3 Department of State may be reprogrammed by 

4 the Secretary of State, except that no such 

5 funds may be reprogrammed that are required 

6 to complete payment on existing and previously 

7 approved contracts: Provided, That such re8 programming shall be subject to the regular no9 tification procedures of the Committees on Ap10 propriations. 

11 (2) BILATERAL ECONOMIC ASSISTANCE RE12 PORT.—Prior to the obligation of funds made avail13 able by this Act under the heading ‘‘Economic Sup14 port Fund’’ for assistance for the central Govern15 ment of Pakistan, the Secretary of State shall sub16 mit a report to the appropriate congressional com17 mittees detailing— 

18 (A) the amount of financing and other 

19 support, if any, provided by the Government of 

20 Pakistan to schools supported by, affiliated 

21 with, or run by the Taliban or any domestic or 

22 foreign terrorist organization in Pakistan; 

23 (B) the extent of cooperation by such gov24 ernment in issuing visas in a timely manner for 

25 United States visitors, including officials and 

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1 representatives of nongovernmental organiza2 tions, engaged in assistance and security pro3 grams in Pakistan; and 

4 (C) the extent to which such government is 

5 providing humanitarian organizations access to 

6 detainees, internally displaced persons, and 

7 other Pakistani civilians affected by conflict in 

8 Pakistan and the region. 

9 (3) AUTHORITY AND USES OF FUNDS.— 

10 (A) Funds appropriated by this Act for as11 sistance for Pakistan may be made available 

12 notwithstanding any other provision of law, ex13 cept for section 620M of the Foreign Assistance 

14 Act of 1961. 

15 (B) Funds appropriated by this Act for as16 sistance for Pakistan that are made available 

17 for infrastructure projects shall be implemented 

18 in a manner consistent with section 507(6) of 

19 the Trade Act of 1974 (19 U.S.C. 2467(6)). 

20 (C) The authorities and directives of sec21 tion 7044(d)(4) of the Department of State, 

22 Foreign Operations, and Related Programs Ap23 propriations Act, 2015 (division J of Public 

24 Law 113–235) regarding scholarships for 

25 women shall apply to funds appropriated by 

March 21, 2018 (6:08 p.m.)
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1 this Act for assistance for Pakistan, following 

2 consultation with the Committees on Appropria3 tions. 

4 (D) Funds appropriated by this Act under 

5 the headings ‘‘Economic Support Fund’’ and 

6 ‘‘Nonproliferation, Anti-terrorism, Demining 

7 and Related Programs’’ that are made available 

8 for assistance for Pakistan shall be made avail9 able to interdict precursor materials from Paki10 stan to Afghanistan that are used to manufac11 ture improvised explosive devices and for agri12 culture extension programs that encourage al13 ternative fertilizer use among Pakistani farmers 

14 to decrease the dual use of fertilizer in the 

15 manufacturing of improvised explosive devices. 

16 (E) Funds appropriated by this Act for as17 sistance for Pakistan shall be made available 

18 for border security programs, following con19 sultation with the Committees on Appropria20 tions. 

21 (F) Funds appropriated by title III of this 

22 Act shall be made available for programs to 

23 promote democracy in Pakistan. 

24 (4) WITHHOLDING.—Of the funds appropriated 

25 under titles III and IV of this Act that are made 

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1 available for assistance for Pakistan, $33,000,000 

2 shall be withheld from obligation until the Secretary 

3 of State reports to the Committees on Appropria4 tions that Dr. Shakil Afridi has been released from 

5 prison and cleared of all charges relating to the as6 sistance provided to the United States in locating 

7 Osama bin Laden. 

8 (5) OVERSIGHT.—The Secretary of State shall 

9 take all practicable steps to ensure that mechanisms 

10 are in place for monitoring, oversight, and control of 

11 funds made available by this subsection for assist12 ance for Pakistan: Provided, That the Secretary 

13 shall inform the Committees on Appropriations of 

14 such steps in a timely manner. 

15 (d) SRI LANKA.— 

16 (1) BILATERAL ECONOMIC ASSISTANCE.—Of 

17 the funds appropriated under title III of this Act, 

18 not less than $35,000,000 shall be made available 

19 for assistance for Sri Lanka for economic develop20 ment and democracy programs, particularly in areas 

21 recovering from ethnic and religious conflict: Pro22 vided, That such funds shall be made available for 

23 programs to assist in the identification and resolu24 tion of cases of missing persons. 

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1 (2) CERTIFICATION.—Funds appropriated by 

2 this Act for assistance for the central Government of 

3 Sri Lanka may be made available only if the Sec4 retary of State certifies and reports to the Commit5 tees on Appropriations that the Government of Sri 

6 Lanka is— 

7 (A) repealing laws that do not comply with 

8 international standards for arrest and detention 

9 by security forces, and ensuring that any suc10 cessor legislation meets such standards; 

11 (B) increasing accountability and trans12 parency in governance; 

13 (C) investigating allegations of arbitrary 

14 arrest and torture, and supporting a credible 

15 justice mechanism in compliance with United 

16 Nations Human Rights Council Resolution (A/ 

17 HCR/30/L.29) of October 2015; 

18 (D) returning military occupied private 

19 lands in former conflict zones to their rightful 

20 owners or compensating those whose land was 

21 confiscated without due process, which includes 

22 legal steps and surveys to determine proper title 

23 to disputed lands, and which is in addition to 

24 steps taken during the previous calendar year; 

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1 (E) establishing a functioning office of 

2 missing persons and assisting its investigations 

3 of cases of missing persons from Sri Lanka’s 

4 internal armed conflicts, and publishing lists of 

5 all persons who surrendered to such Govern6 ment after the end of the civil war in May 

7 2009; and 

8 (F) substantially reducing the presence of 

9 the armed forces in former conflict zones and 

10 implementing a plan for restructuring and re11 ducing the size of the armed forces to adopt a 

12 peacetime role that contributes to post-conflict 

13 reconciliation and regional security. 

14 (3) INTERNATIONAL SECURITY ASSISTANCE.— 

15 Funds appropriated under title IV of this Act that 

16 are available for assistance for Sri Lanka shall be 

17 subject to the following conditions— 

18 (A) not to exceed $500,000 under the 

19 heading ‘‘Foreign Military Financing Program’’ 

20 may only be made available for programs to 

21 support humanitarian and disaster response 

22 preparedness and maritime security; and 

23 (B) funds under the heading ‘‘Peace24 keeping Operations’’ may only be made avail25 able for training and equipment related to 

March 21, 2018 (6:08 p.m.)
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1 international peacekeeping operations, and only 

2 if the Government of Sri Lanka is taking effec3 tive steps to bring to justice Sri Lankan peace4 keeping troops who have engaged in sexual ex5 ploitation and abuse. 

6 (e) REGIONAL PROGRAMS.— 

7 (1) CROSS BORDER PROGRAMS.—Funds appro8 priated by this Act under the heading ‘‘Economic 

9 Support Fund’’ for assistance for Afghanistan and 

10 Pakistan may be provided, notwithstanding any 

11 other provision of law that restricts assistance to 

12 foreign countries, for cross border stabilization and 

13 development programs between Afghanistan and 

14 Pakistan, or between either country and the Central 

15 Asian countries. 

16 (2) SECURITY AND JUSTICE PROGRAMS.— 

17 Funds appropriated by this Act that are made avail18 able for assistance for countries in South and Cen19 tral Asia shall be made available to accelerate the re20 cruitment and enhance the retention and profes21 sionalism of women in the judiciary, police, and 

22 other security forces. 

23 LATIN AMERICA AND THE CARIBBEAN

24 SEC. 7045. (a) CENTRAL AMERICA.— 

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1 (1) FUNDING.—Subject to the requirements of 

2 this subsection, of the funds appropriated under ti3 tles III and IV of this Act, up to $615,000,000 may 

4 be made available for assistance for countries in 

5 Central America to implement the United States 

6 Strategy for Engagement in Central America (the 

7 Strategy): Provided, That such funds shall be made 

8 available to the maximum extent practicable on a 

9 cost-matching basis. 

10 (2) PRE-OBLIGATION REQUIREMENTS.—Prior 

11 to the obligation of funds made available pursuant 

12 to paragraph (1), the Secretary of State shall submit 

13 to the Committees on Appropriations an updated 

14 multi-year spend plan as described under this sub15 section in the explanatory statement described in 

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

17 consolidated Act). 

18 (3) ASSISTANCE FOR THE CENTRAL GOVERN19 MENTS OF EL SALVADOR, GUATEMALA, AND HON20 DURAS.—Of the funds made available pursuant to 

21 paragraph (1) that are available for assistance for 

22 each of the central governments of El Salvador, 

23 Guatemala, and Honduras, except for funds made 

24 available for the International Commission against 

25 Impunity in Guatemala or the Mission to Support 

March 21, 2018 (6:08 p.m.)
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1 the Fight against Corruption and Impunity in Hon2 duras, the following amounts shall be withheld from 

3 obligation and may only be made available as fol4 lows: 

5 (A) 25 percent may only be obligated after 

6 the Secretary of State certifies and reports to 

7 the appropriate congressional committees that 

8 such government is— 

9 (i) informing its citizens of the dan10 gers of the journey to the southwest border 

11 of the United States; 

12 (ii) combating human smuggling and 

13 trafficking; 

14 (iii) improving border security, includ15 ing preventing illegal migration, human 

16 smuggling and trafficking, and trafficking 

17 of illicit drugs and other contraband; and 

18 (iv) cooperating with United States 

19 Government agencies and other govern20 ments in the region to facilitate the return, 

21 repatriation, and reintegration of illegal 

22 migrants arriving at the southwest border 

23 of the United States who do not qualify for 

24 asylum, consistent with international law. 

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1 (B) An additional 50 percent may only be 

2 obligated after the Secretary of State certifies 

3 and reports to the appropriate congressional 

4 committees that such government is— 

5 (i) working cooperatively with an au6 tonomous, publicly accountable entity to 

7 provide oversight of the Plan of the Alli8 ance for Prosperity in the Northern Tri9 angle in Central America (the Plan); 

10 (ii) combating corruption, including 

11 investigating and prosecuting current and 

12 former government officials credibly al13 leged to be corrupt; 

14 (iii) implementing reforms, policies, 

15 and programs to improve transparency and 

16 strengthen public institutions, including in17 creasing the capacity and independence of 

18 the judiciary and the Office of the Attor19 ney General; 

20 (iv) implementing a policy to ensure 

21 that local communities, civil society organi22 zations (including indigenous and other 

23 marginalized groups), and local govern24 ments are consulted in the design, and 

25 participate in the implementation and evalMarch 21, 2018 (6:08 p.m.)
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1 uation of, activities of the Plan that affect 

2 such communities, organizations, and gov3 ernments; 

4 (v) countering the activities of crimi5 nal gangs, drug traffickers, and organized 

6 crime; 

7 (vi) investigating and prosecuting in 

8 the civilian justice system government per9 sonnel, including military and police per10 sonnel, who are credibly alleged to have 

11 violated human rights, and ensuring that 

12 such personnel are cooperating in such 

13 cases; 

14 (vii) cooperating with commissions 

15 against corruption and impunity and with 

16 regional human rights entities; 

17 (viii) supporting programs to reduce 

18 poverty, expand education and vocational 

19 training for at-risk youth, create jobs, and 

20 promote equitable economic growth, par21 ticularly in areas contributing to large 

22 numbers of migrants; 

23 (ix) implementing a plan that includes 

24 goals, benchmarks, and timelines to create 

25 a professional, accountable civilian police 

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1 force and end the role of the military in in2 ternal policing, and make such plan avail3 able to the Department of State; 

4 (x) protecting the right of political op5 position parties, journalists, trade union6 ists, human rights defenders, and other 

7 civil society activists to operate without in8 terference; 

9 (xi) increasing government revenues, 

10 including by implementing tax reforms and 

11 strengthening customs agencies; and 

12 (xii) resolving commercial disputes, in13 cluding the confiscation of real property, 

14 between United States entities and such 

15 government. 

16 (4) DETERMINATIONS AND IMPACT ON ASSIST17 ANCE.— 

18 (A) INSUFFICIENT PROGRESS.—The Sec19 retary of State shall periodically review the 

20 progress of each of the central governments of 

21 El Salvador, Guatemala, and Honduras in 

22 meeting the requirements of paragraphs (3)(A) 

23 and (3)(B): Provided, That if the Secretary de24 termines and reports to the appropriate con25 gressional committees that sufficient progress 

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1 has not been made by such government in 

2 meeting such requirements, the Secretary shall 

3 suspend, in whole or in part, assistance for such 

4 government for programs supporting such re5 quirement, and shall notify the appropriate con6 gressional committees in writing of such action: 

7 Provided further, That the Secretary may re8 sume such assistance if the Secretary deter9 mines and reports to such committees that cor10 rective measures have been taken by such gov11 ernment. 

12 (B) EXTRAORDINARY PROGRESS.—The 

13 Secretary of State may, notwithstanding section 

14 7019 of this Act, increase assistance for El Sal15 vador, Guatemala, or Honduras if the Secretary 

16 determines and reports to the appropriate con17 gressional committees that the central govern18 ment of such country has made extraordinary 

19 progress in meeting the requirements of para20 graphs (3)(A) and (3)(B): Provided, That such 

21 increase shall be provided in the amounts des22 ignated as Award for Extraordinary Progress in 

23 the table under this section in the explanatory 

24 statement described in section 4 (in the matter 

25 preceding division A of this consolidated Act): 

March 21, 2018 (6:08 p.m.)
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1 Provided further, That such determination may 

2 be made for not more than one country and fol3 lowing the submission of the reports for such 

4 country submitted pursuant to paragraphs 

5 (3)(A) and (3)(B). 

6 (C) CHANGE IN NATIONAL GOVERN7 MENT.—Not later than 90 days following a 

8 change of national government in El Salvador, 

9 Guatemala, or Honduras, the Secretary of State 

10 shall determine whether or not such government 

11 is meeting the requirements of paragraphs 

12 (3)(A) and (3)(B) and submit a report to the 

13 appropriate congressional committees detailing 

14 the reasons for such determination: Provided, 

15 That if the Secretary determines that such gov16 ernment is not meeting such requirements, then 

17 the Secretary shall suspend, in whole or in part, 

18 assistance for such central government until 

19 such time as such determination and report can 

20 be made. 

21 (D) REPROGRAMMING.— 

22 (i) Assistance suspended pursuant to 

23 subparagraphs (A) or (C) may be repro24 grammed if the Secretary of State deterMarch 21, 2018 (6:08 p.m.)
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1 mines that corrective measures have not 

2 been taken. 

3 (ii) If the Secretary is unable to make 

4 a determination pursuant to subparagraph 

5 (B) within 180 days after enactment of 

6 this Act, amounts designated under such 

7 subparagraph may be reprogrammed. 

8 (iii) Any reprogramming made pursu9 ant to clauses (i) or (ii) shall only be made 

10 available for assistance for other countries 

11 in Latin America and the Caribbean and 

12 shall be subject to the regular notification 

13 procedures of the Committees on Appro14 priations. 

15 (5) CONSULTATION.—The Secretary of State 

16 shall consult with the Committees on Appropriations 

17 not less than 14 days prior to submitting any certifi18 cation made pursuant to subsection (a)(3) and any 

19 suspension or reprogramming made pursuant to sub20 section (a)(4). 

21 (6) LIMITATION.—None of the funds made 

22 available by this subsection for assistance for coun23 tries in Central America may be made available for 

24 direct government-to-government assistance or for 

25 major infrastructure projects. 

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1 (b) COLOMBIA.— 

2 (1) ASSISTANCE.—Of the funds appropriated by 

3 this Act under titles III and IV, not less than 

4 $391,253,000 shall be made available for assistance 

5 for Colombia, including to support the efforts of the 

6 Government of Colombia to— 

7 (A) conduct a unified campaign against 

8 narcotics trafficking, organizations designated 

9 as foreign terrorist organizations pursuant to 

10 section 219 of the Immigration and Nationality 

11 Act (8 U.S.C. 1189), and other criminal or ille12 gal armed groups: Provided, That aircraft sup13 ported by funds made available by this Act and 

14 prior Acts making appropriations for the De15 partment of State, foreign operations, and re16 lated programs may be used to transport per17 sonnel and supplies involved in drug eradication 

18 and interdiction, including security for such ac19 tivities, and to provide transport in support of 

20 alternative development programs and inves21 tigations by civilian judicial authorities; 

22 (B) enhance security and stability in Co23 lombia and the region; 

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1 (C) strengthen and expand governance, the 

2 rule of law, and access to justice throughout 

3 Colombia; 

4 (D) promote economic and social develop5 ment, including by improving access to areas 

6 impacted by conflict through demining pro7 grams; and 

8 (E) implement a peace agreement between 

9 the Government of Colombia and illegal armed 

10 groups, in accordance with constitutional and 

11 legal requirements in Colombia: 

12 Provided, That such funds shall be subject to prior 

13 consultation with, and the regular notification proce14 dures of, the Committees on Appropriations. 

15 (2) LIMITATION.—None of the funds appro16 priated by this Act or prior Acts making appropria17 tions for the Department of State, foreign oper18 ations, and related programs that are made available 

19 for assistance for Colombia may be made available 

20 for payment of reparations to conflict victims or 

21 compensation to demobilized combatants associated 

22 with a peace agreement between the Government of 

23 Colombia and illegal armed groups. 

24 (3) PRE-OBLIGATION REQUIREMENTS.—Prior 

25 to the initial obligation of funds made available purMarch 21, 2018 (6:08 p.m.)
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1 suant to paragraph (1), the Secretary of State, in 

2 consultation with the USAID Administrator, shall 

3 submit to the Committees on Appropriations an up4 dated multi-year spend plan as described under this 

5 subsection in the explanatory statement described in 

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

7 consolidated Act). 

8 (4) APPORTIONMENT AND TRANSFER.—Funds 

9 made available by this Act under the heading ‘‘Eco10 nomic Support Fund’’ for assistance for Colombia 

11 shall be apportioned directly to USAID, except that 

12 not less than $7,000,000 of such funds shall be 

13 transferred to, and merged with, funds appropriated 

14 by this Act under the heading ‘‘Migration and Ref15 ugee Assistance’’ for assistance for Colombian refu16 gees in neighboring countries. 

17 (5) COUNTERNARCOTICS.—Of the funds made 

18 available by this Act under the headings ‘‘Economic 

19 Support Fund’’ and ‘‘International Narcotics Con20 trol and Law Enforcement’’ for counternarcotics as21 sistance for Colombia, 25 percent may be obligated 

22 only after the Secretary of State certifies and re23 ports to the Committees on Appropriations that the 

24 Government of Colombia has reduced overall illicit 

25 drug cultivation, production, and trafficking. 

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1 (6) HUMAN RIGHTS.—Of the funds made avail2 able by this Act under the heading ‘‘Foreign Mili3 tary Financing Program’’ for assistance for Colom4 bia, 20 percent may be obligated only in accordance 

5 with the conditions set forth under section 7045 in 

6 Senate Report 115–152. 

7 (7) EXCEPTIONS.—The limitations of para8 graphs (5) and (6) shall not apply to funds made 

9 available for aviation instruction and maintenance, 

10 and maritime and riverine security programs. 

11 (c) HAITI.— 

12 (1) CERTIFICATION.—Funds appropriated by 

13 this Act under the headings ‘‘Development Assist14 ance’’ and ‘‘Economic Support Fund’’ that are made 

15 available for assistance for Haiti may not be made 

16 available for assistance for the central Government 

17 of Haiti unless the Secretary of State certifies and 

18 reports to the Committees on Appropriations that 

19 such government is taking effective steps, which are 

20 in addition to steps taken since the certification and 

21 report submitted during the prior year, if applicable, 

22 to— 

23 (A) strengthen the rule of law in Haiti, in24 cluding by— 

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1 (i) selecting judges in a transparent 

2 manner based on merit; 

3 (ii) reducing pre-trial detention; 

4 (iii) respecting the independence of 

5 the judiciary; and 

6 (iv) improving governance by imple7 menting reforms to increase transparency 

8 and accountability, including through the 

9 penal and criminal codes; 

10 (B) combat corruption, including by imple11 menting the anti-corruption law enacted in 

12 2014 and prosecuting corrupt officials; 

13 (C) increase government revenues, includ14 ing by implementing tax reforms, and increas15 ing expenditures on public services; and 

16 (D) resolve commercial disputes between 

17 United States entities and the Government of 

18 Haiti. 

19 (2) HAITIAN COAST GUARD.—The Government 

20 of Haiti shall be eligible to purchase defense articles 

21 and services under the Arms Export Control Act (22 

22 U.S.C. 2751 et seq.) for the Coast Guard. 

23 (d) VENEZUELA.—Of the funds appropriated by this 

24 Act under the heading ‘‘Economic Support Fund’’, not 

25 less than $15,000,000 shall be made available for proMarch 21, 2018 (6:08 p.m.)
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1 grams to promote democracy and the rule of law in Ven2 ezuela. 

3 EUROPE AND EURASIA

4 SEC. 7046. (a) ASSISTANCE.— 

5 (1) GEORGIA.—Of the funds appropriated by 

6 this Act under titles III and IV, not less than 

7 $105,325,000 shall be made available for assistance 

8 for Georgia. 

9 (2) UKRAINE.—Of the funds appropriated by 

10 this Act under titles III and IV, not less than 

11 $420,700,000 shall be made available for assistance 

12 for Ukraine. 

13 (b) LIMITATION.—None of the funds appropriated by 

14 this Act may be made available for assistance for a govern15 ment of an Independent State of the former Soviet Union 

16 if such government directs any action in violation of the 

17 territorial integrity or national sovereignty of any other 

18 Independent State of the former Soviet Union, such as 

19 those violations included in the Helsinki Final Act: Pro20 vided, That except as otherwise provided in section 

21 7070(a) of this Act, funds may be made available without 

22 regard to the restriction in this subsection if the President 

23 determines that to do so is in the national security interest 

24 of the United States: Provided further, That prior to exe25 cuting the authority contained in the previous proviso, the 

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1 Secretary of State shall consult with the Committees on 

2 Appropriations on how such assistance supports the na3 tional security interest of the United States. 

4 (c) SECTION 907 OF THE FREEDOM SUPPORT

5 ACT.—Section 907 of the FREEDOM Support Act (22 

6 U.S.C. 5812 note) shall not apply to— 

7 (1) activities to support democracy or assist8 ance under title V of the FREEDOM Support Act 

9 (22 U.S.C. 5851 et seq.) and section 1424 of the 

10 Defense Against Weapons of Mass Destruction Act 

11 of 1996 (50 U.S.C. 2333) or non-proliferation as12 sistance; 

13 (2) any assistance provided by the Trade and 

14 Development Agency under section 661 of the For15 eign Assistance Act of 1961 (22 U.S.C. 2421); 

16 (3) any activity carried out by a member of the 

17 United States and Foreign Commercial Service while 

18 acting within his or her official capacity; 

19 (4) any insurance, reinsurance, guarantee, or 

20 other assistance provided by the Overseas Private 

21 Investment Corporation under title IV of chapter 2 

22 of part I of the Foreign Assistance Act of 1961 (22 

23 U.S.C. 2191 et seq.); 

24 (5) any financing provided under the Export25 Import Bank Act of 1945 (Public Law 79–173); or 

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1 (6) humanitarian assistance. 

2 (d) TURKEY.—None of the funds made available by 

3 this Act may be used to facilitate or support the sale of 

4 defense articles or defense services to the Turkish Presi5 dential Protection Directorate (TPPD) under chapter 2 

6 of the Arms Export Control Act (22 U.S.C. 2761 et seq.), 

7 unless the Secretary of State determines and reports to 

8 the appropriate congressional committees that members of 

9 the TPPD named in the July 17, 2017 indictment by the 

10 Superior Court of the District of Columbia have returned 

11 to the United States to stand trial in connection with the 

12 offenses contained in such indictment or have otherwise 

13 been brought to justice: Provided, That the limitation in 

14 this paragraph shall not apply to the use of funds made 

15 available by this Act for border security purposes, for 

16 North Atlantic Treaty Organization or coalition oper17 ations, or to enhance the protection of United States offi18 cials and facilities in Turkey. 

19 WAR CRIMES TRIBUNALS

20 SEC. 7047. If the President determines that doing so 

21 will contribute to a just resolution of charges regarding 

22 genocide or other violations of international humanitarian 

23 law, the President may direct a drawdown pursuant to sec24 tion 552(c) of the Foreign Assistance Act of 1961 of up 

25 to $30,000,000 of commodities and services for the United 

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1 Nations War Crimes Tribunal established with regard to 

2 the former Yugoslavia by the United Nations Security 

3 Council or such other tribunals or commissions as the 

4 Council may establish or authorize to deal with such viola5 tions, without regard to the ceiling limitation contained 

6 in paragraph (2) thereof: Provided, That the determina7 tion required under this section shall be in lieu of any de8 terminations otherwise required under section 552(c): Pro9 vided further, That funds made available pursuant to this 

10 section shall be made available subject to the regular noti11 fication procedures of the Committees on Appropriations. 

12 UNITED NATIONS

13 SEC. 7048. (a) TRANSPARENCY AND ACCOUNT14 ABILITY.— 

15 (1) RESTRICTIONS.—Of the funds appropriated 

16 under title I and under the heading ‘‘International 

17 Organizations and Programs’’ in title V of this Act 

18 that are available for contributions to the United 

19 Nations (including the Department of Peacekeeping 

20 Operations), any United Nations agency, or the Or21 ganization of American States, 15 percent may not 

22 be obligated for such organization, department, or 

23 agency until the Secretary of State determines and 

24 reports to the Committees on Appropriations that 

25 the organization, department, or agency is— 

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1 (A) posting on a publicly available Web 

2 site, consistent with privacy regulations and due 

3 process, regular financial and programmatic au4 dits of such organization, department, or agen5 cy, and providing the United States Govern6 ment with necessary access to such financial 

7 and performance audits; 

8 (B) effectively implementing and enforcing 

9 policies and procedures which reflect best prac10 tices for the protection of whistleblowers from 

11 retaliation, including best practices for— 

12 (i) protection against retaliation for 

13 internal and lawful public disclosures; 

14 (ii) legal burdens of proof; 

15 (iii) statutes of limitation for report16 ing retaliation; 

17 (iv) access to independent adjudicative 

18 bodies, including external arbitration; and 

19 (v) results that eliminate the effects of 

20 proven retaliation; and 

21 (C) effectively implementing and enforcing 

22 policies and procedures on the appropriate use 

23 of travel funds, including restrictions on first 

24 class and business class travel. 

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1 (2) WAIVER.—The restrictions imposed by or 

2 pursuant to paragraph (1) may be waived on a case3 by-case basis if the Secretary of State determines 

4 and reports to the Committees on Appropriations 

5 that such waiver is necessary to avert or respond to 

6 a humanitarian crisis. 

7 (b) RESTRICTIONS ON UNITED NATIONS DELEGA8 TIONS AND ORGANIZATIONS.— 

9 (1) RESTRICTIONS ON UNITED STATES DELEGA10 TIONS.—None of the funds made available by this 

11 Act may be used to pay expenses for any United 

12 States delegation to any specialized agency, body, or 

13 commission of the United Nations if such agency, 

14 body, or commission is chaired or presided over by 

15 a country, the government of which the Secretary of 

16 State has determined, for purposes of section 6(j)(1) 

17 of the Export Administration Act of 1979 as contin18 ued in effect pursuant to the International Emer19 gency Economic Powers Act (50 U.S.C. App. 

20 2405(j)(1)), supports international terrorism. 

21 (2) RESTRICTIONS ON CONTRIBUTIONS.—None 

22 of the funds made available by this Act may be used 

23 by the Secretary of State as a contribution to any 

24 organization, agency, commission, or program within 

25 the United Nations system if such organization, 

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1 agency, commission, or program is chaired or pre2 sided over by a country the government of which the 

3 Secretary of State has determined, for purposes of 

4 section 620A of the Foreign Assistance Act of 1961, 

5 section 40 of the Arms Export Control Act, section 

6 6(j)(1) of the Export Administration Act of 1979, or 

7 any other provision of law, is a government that has 

8 repeatedly provided support for acts of international 

9 terrorism. 

10 (3) WAIVER.—The Secretary of State may 

11 waive the restriction in this subsection if the Sec12 retary determines and reports to the Committees on 

13 Appropriations that to do so is important to the na14 tional interest of the United States, including a de15 scription of the national interest served. 

16 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 

17 None of the funds appropriated by this Act may be made 

18 available in support of the United Nations Human Rights 

19 Council unless the Secretary of State determines and re20 ports to the Committees on Appropriations that participa21 tion in the Council is important to the national interest 

22 of the United States and that such Council is taking sig23 nificant steps to remove Israel as a permanent agenda 

24 item and ensure integrity in the election of members to 

25 such Council: Provided, That such report shall include a 

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1 description of the national interest served and the steps 

2 taken to remove Israel as a permanent agenda item and 

3 ensure integrity in the election of members to such Coun4 cil: Provided further, That the Secretary of State shall re5 port to the Committees on Appropriations not later than 

6 September 30, 2018, on the resolutions considered in the 

7 United Nations Human Rights Council during the pre8 vious 12 months, and on steps taken to remove Israel as 

9 a permanent agenda item and ensure integrity in the elec10 tion of members to such Council. 

11 (d) UNITED NATIONS RELIEF AND WORKS AGEN12 CY.—Prior to the initial obligation of funds for the United 

13 Nations Relief and Works Agency (UNRWA), and not 

14 later than 45 days after enactment of this Act, the Sec15 retary of State shall submit a report in writing to the 

16 Committees on Appropriations on whether UNRWA is— 

17 (1) utilizing Operations Support Officers in the 

18 West Bank, Gaza, and other fields of operation to 

19 inspect UNRWA installations and reporting any in20 appropriate use; 

21 (2) acting promptly to address any staff or ben22 eficiary violation of its own policies (including the 

23 policies on neutrality and impartiality of employees) 

24 and the legal requirements under section 301(c) of 

25 the Foreign Assistance Act of 1961; 

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1 (3) implementing procedures to maintain the 

2 neutrality of its facilities, including implementing a 

3 no-weapons policy, and conducting regular inspec4 tions of its installations, to ensure they are only 

5 used for humanitarian or other appropriate pur6 poses; 

7 (4) taking necessary and appropriate measures 

8 to ensure it is operating in compliance with the con9 ditions of section 301(c) of the Foreign Assistance 

10 Act of 1961 and continuing regular reporting to the 

11 Department of State on actions it has taken to en12 sure conformance with such conditions; 

13 (5) taking steps to ensure the content of all 

14 educational materials currently taught in UNRWA15 administered schools and summer camps is con16 sistent with the values of human rights, dignity, and 

17 tolerance and does not induce incitement; 

18 (6) not engaging in operations with financial in19 stitutions or related entities in violation of relevant 

20 United States law, and is taking steps to improve 

21 the financial transparency of the organization; and 

22 (7) in compliance with the United Nations 

23 Board of Auditors’ biennial audit requirements and 

24 is implementing in a timely fashion the Board’s rec25 ommendations. 

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1 (e) PROHIBITION OF PAYMENTS TO UNITED NA2 TIONS MEMBERS.—None of the funds appropriated or 

3 made available pursuant to titles III through VI of this 

4 Act for carrying out the Foreign Assistance Act of 1961, 

5 may be used to pay in whole or in part any assessments, 

6 arrearages, or dues of any member of the United Nations 

7 or, from funds appropriated by this Act to carry out chap8 ter 1 of part I of the Foreign Assistance Act of 1961, 

9 the costs for participation of another country’s delegation 

10 at international conferences held under the auspices of 

11 multilateral or international organizations. 

12 (f) CAPITAL PROJECTS.—None of the funds made 

13 available by this Act may be used for the design, renova14 tion, or construction of the United Nations Headquarters 

15 in New York: Provided, That any operating plan sub16 mitted pursuant to this Act for funds made available 

17 under the heading ‘‘Contributions to International Organi18 zations’’ shall include information on capital projects, as 

19 described under such heading in House Report 115–253. 

20 (g) REPORT.—Not later than 45 days after enact21 ment of this Act, the Secretary of State shall submit a 

22 report to the Committees on Appropriations detailing the 

23 amount of funds available for obligation or expenditure in 

24 fiscal year 2018 for contributions to any organization, de25 partment, agency, or program within the United Nations 

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1 system or any international program that are withheld 

2 from obligation or expenditure due to any provision of law: 

3 Provided, That the Secretary of State shall update such 

4 report each time additional funds are withheld by oper5 ation of any provision of law: Provided further, That the 

6 reprogramming of any withheld funds identified in such 

7 report, including updates thereof, shall be subject to prior 

8 consultation with, and the regular notification procedures 

9 of, the Committees on Appropriations. 

10 (h) SEXUAL EXPLOITATION AND ABUSE IN PEACE11 KEEPING OPERATIONS.— 

12 (1) IN GENERAL.—Funds appropriated by this 

13 Act shall be made available to implement section 

14 301 of the Department of State Authorities Act, 

15 Fiscal Year 2017 (Public Law 114–323). 

16 (2) WITHHOLDING OF FUNDS.—The Secretary 

17 of State should withhold assistance to any unit of 

18 the security forces of a foreign country if the Sec19 retary has credible information that such unit has 

20 engaged in sexual exploitation or abuse, including 

21 while serving in a United Nations peacekeeping op22 eration, until the Secretary determines that the gov23 ernment of such country is taking effective steps to 

24 bring the responsible members of such unit to justice 

25 and to prevent future incidents: Provided, That the 

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1 Secretary shall promptly notify the government of 

2 each country subject to any withholding of assist3 ance pursuant to this paragraph, and shall notify 

4 the appropriate congressional committees of such 

5 withholding not later than 10 days after a deter6 mination to withhold such assistance is made: Pro7 vided further, That the Secretary shall, to the max8 imum extent practicable, assist such government in 

9 bringing the responsible members of such unit to 

10 justice. 

11 (3) TRANSFER OF FUNDS.—Of the funds ap12 propriated by this Act under the heading ‘‘Economic 

13 Support Fund’’, not less than $1,000,000 shall be 

14 transferred to, and merged with, funds appropriated 

15 under the heading ‘‘International Organizations and 

16 Programs’’ for the United Nations Office of the Spe17 cial Coordinator on Improving the UN Response to 

18 Sexual Exploitation and Abuse: Provided, That such 

19 transfer authority shall be exercised not later than 

20 60 days after enactment of this Act. 

21 (i) ADDITIONAL AVAILABILITY.—Funds appropriated 

22 under titles I and V of this Act which are returned or 

23 not made available due to the implementation of sub24 section (a) or the second proviso under the heading ‘‘Con25 tributions for International Peacekeeping Activities’’ of 

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1 such title shall remain available for obligation until Sep2 tember 30, 2019. 

3 (j) NATIONAL SECURITY INTEREST WITH4 HOLDING.— 

5 (1) WITHHOLDING.—The Secretary of State 

6 shall withhold 5 percent of the funds appropriated 

7 by this Act under the heading ‘‘Contributions to 

8 International Organizations’’ for a specialized agen9 cy or other entity of the United Nations if the Sec10 retary, in consultation with the United States Am11 bassador to the United Nations, determines and re12 ports to the Committees on Appropriations that such 

13 agency or entity has taken an official action that is 

14 against the national security interest of the United 

15 States or an ally of the United States, including 

16 Israel. 

17 (2) RELEASE OF FUNDS.—The Secretary of 

18 State, in consultation with the United States Am19 bassador to the United Nations, may release funds 

20 withheld pursuant to paragraph (1) if the Secretary 

21 determines and reports to the Committees on Appro22 priations that such agency or entity is taking steps 

23 to address the action that resulted in the with24 holding of such funds. 

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1 (3) REPROGRAMMING.—Should the Secretary of 

2 State be unable to make a determination pursuant 

3 to paragraph (2) regarding the release of withheld 

4 funds, such funds may be reprogrammed for other 

5 purposes under the heading ‘‘Contributions to Inter6 national Organizations’’. 

7 (4) WAIVER.—The Secretary of State, following 

8 consultation with the Committees on Appropriations, 

9 may waive the requirements of this subsection if the 

10 Secretary determines that to do so in the national 

11 interest. 

12 COMMUNITY-BASED POLICE ASSISTANCE

13 SEC. 7049. Funds made available by titles III and 

14 IV of this Act to carry out the provisions of chapter 1 

15 of part I and chapters 4 and 6 of part II of the Foreign 

16 Assistance Act of 1961, may be used, notwithstanding sec17 tion 660 of that Act, to enhance the effectiveness and ac18 countability of civilian police authority through training 

19 and technical assistance in human rights, the rule of law, 

20 anti-corruption, strategic planning, and through assist21 ance to foster civilian police roles that support democratic 

22 governance, including assistance for programs to prevent 

23 conflict, respond to disasters, address gender-based vio24 lence, and foster improved police relations with the com25 munities they serve. 

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1 DISABILITY PROGRAMS

2 SEC. 7050. (a) ASSISTANCE.—Funds appropriated by 

3 this Act under the heading ‘‘Economic Support Fund’’ 

4 shall be made available for programs and activities admin5 istered by the United States Agency for International De6 velopment to address the needs and protect and promote 

7 the rights of people with disabilities in developing coun8 tries, including initiatives that focus on independent living, 

9 economic self-sufficiency, advocacy, education, employ10 ment, transportation, sports, and integration of individ11 uals with disabilities, including for the cost of translation. 

12 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL

13 SUPPORT.—Of the funds made available pursuant to this 

14 section, 5 percent may be used for USAID for manage15 ment, oversight, and technical support. 

16 INTERNATIONAL CONFERENCES

17 SEC. 7051. None of the funds made available in this 

18 Act may be used to send or otherwise pay for the attend19 ance of more than 50 employees of agencies or depart20 ments of the United States Government who are stationed 

21 in the United States, at any single international con22 ference occurring outside the United States, unless the 

23 Secretary of State reports to the Committees on Appro24 priations at least 5 days in advance that such attendance 

25 is important to the national interest: Provided, That for 

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1 purposes of this section the term ‘‘international con2 ference’’ shall mean a conference attended by representa3 tives of the United States Government and of foreign gov4 ernments, international organizations, or nongovern5 mental organizations. 

6 AIRCRAFT TRANSFER, COORDINATION, AND USE

7 SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith8 standing any other provision of law or regulation, aircraft 

9 procured with funds appropriated by this Act and prior 

10 Acts making appropriations for the Department of State, 

11 foreign operations, and related programs under the head12 ings ‘‘Diplomatic and Consular Programs’’, ‘‘International 

13 Narcotics Control and Law Enforcement’’, ‘‘Andean 

14 Counterdrug Initiative’’, and ‘‘Andean Counterdrug Pro15 grams’’ may be used for any other program and in any 

16 region. 

17 (b) PROPERTY DISPOSAL.—The authority provided 

18 in subsection (a) shall apply only after the Secretary of 

19 State determines and reports to the Committees on Appro20 priations that the equipment is no longer required to meet 

21 programmatic purposes in the designated country or re22 gion: Provided, That any such transfer shall be subject 

23 to prior consultation with, and the regular notification 

24 procedures of, the Committees on Appropriations. 

25 (c) AIRCRAFT COORDINATION.— 

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1 (1) AUTHORITY.—The uses of aircraft pur2 chased or leased by the Department of State and the 

3 United States Agency for International Development 

4 with funds made available in this Act or prior Acts 

5 making appropriations for the Department of State, 

6 foreign operations, and related programs shall be co7 ordinated under the authority of the appropriate 

8 Chief of Mission: Provided, That such aircraft may 

9 be used to transport, on a reimbursable or non-reim10 bursable basis, Federal and non-Federal personnel 

11 supporting Department of State and USAID pro12 grams and activities: Provided further, That official 

13 travel for other agencies for other purposes may be 

14 supported on a reimbursable basis, or without reim15 bursement when traveling on a space available basis: 

16 Provided further, That funds received by the Depart17 ment of State in connection with the use of aircraft 

18 owned, leased, or chartered by the Department of 

19 State may be credited to the Working Capital Fund 

20 of the Department and shall be available for ex21 penses related to the purchase, lease, maintenance, 

22 chartering, or operation of such aircraft. 

23 (2) SCOPE.—The requirement and authorities 

24 of this subsection shall only apply to aircraft, the 

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1 primary purpose of which is the transportation of 

2 personnel. 

3 (d) AIRCRAFT OPERATIONS AND MAINTENANCE.— 

4 To the maximum extent practicable, the costs of oper5 ations and maintenance, including fuel, of aircraft funded 

6 by this Act shall be borne by the recipient country. 

7 PARKING FINES AND REAL PROPERTY TAXES OWED BY

8 FOREIGN GOVERNMENTS

9 SEC. 7053. The terms and conditions of section 7055 

10 of the Department of State, Foreign Operations, and Re11 lated Programs Appropriations Act, 2011 (division F of 

12 Public Law 111–117) shall apply to this Act: Provided, 

13 That the date ‘‘September 30, 2009’’ in subsection 

14 (f)(2)(B) of such section shall be deemed to be ‘‘Sep15 tember 30, 2017’’. 

16 LANDMINES AND CLUSTER MUNITIONS

17 SEC. 7054. (a) LANDMINES.—Notwithstanding any 

18 other provision of law, demining equipment available to 

19 the United States Agency for International Development 

20 and the Department of State and used in support of the 

21 clearance of landmines and unexploded ordnance for hu22 manitarian purposes may be disposed of on a grant basis 

23 in foreign countries, subject to such terms and conditions 

24 as the Secretary of State may prescribe. 

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1 (b) CLUSTER MUNITIONS.—No military assistance 

2 shall be furnished for cluster munitions, no defense export 

3 license for cluster munitions may be issued, and no cluster 

4 munitions or cluster munitions technology shall be sold or 

5 transferred, unless— 

6 (1) the submunitions of the cluster munitions, 

7 after arming, do not result in more than 1 percent 

8 unexploded ordnance across the range of intended 

9 operational environments, and the agreement appli10 cable to the assistance, transfer, or sale of such clus11 ter munitions or cluster munitions technology speci12 fies that the cluster munitions will only be used 

13 against clearly defined military targets and will not 

14 be used where civilians are known to be present or 

15 in areas normally inhabited by civilians; or 

16 (2) such assistance, license, sale, or transfer is 

17 for the purpose of demilitarizing or permanently dis18 posing of such cluster munitions. 

19 PROHIBITION ON PUBLICITY OR PROPAGANDA

20 SEC. 7055. No part of any appropriation contained 

21 in this Act shall be used for publicity or propaganda pur22 poses within the United States not authorized before the 

23 date of the enactment of this Act by Congress: Provided, 

24 That not to exceed $25,000 may be made available to 

25 carry out the provisions of section 316 of the International 

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1 Security and Development Cooperation Act of 1980 (Pub2 lic Law 96–533; 22 U.S.C. 2151a note). 

3 CONTINUOUS SUPERVISION AND GENERAL DIRECTION OF

4 ECONOMIC AND MILITARY ASSISTANCE

5 SEC. 7056. (a) Under the direction of the President, 

6 the Secretary of State shall be responsible for the contin7 uous supervision and general direction of economic assist8 ance, law enforcement and justice sector assistance, mili9 tary assistance, and military education and training pro10 grams, including but not limited to determining whether 

11 there shall be a military assistance (including civic action) 

12 or a military education and training program for a country 

13 and the value thereof, to the end that such programs are 

14 effectively integrated both at home and abroad and the 

15 foreign policy of the United States is best served thereby. 

16 (b) Consistent with section 481(b) of the Foreign As17 sistance Act of 1961, the Secretary of State shall be re18 sponsible for coordinating all assistance provided by the 

19 United States Government to support international efforts 

20 to combat illicit narcotics production or trafficking: Pro21 vided, That the provision of assistance by the Department 

22 of Defense which is comparable to assistance that may be 

23 made available by this Act under the heading ‘‘Inter24 national Narcotics Control and Law Enforcement’’ shall 

25 be provided in a manner consistent with the requirements 

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1 of section 333(b) of title 10, United States Code, as added 

2 by section 1241 of the National Defense Authorization Act 

3 for Fiscal Year 2017 (Public Law 114–328). 

4 UNITED STATES AGENCY FOR INTERNATIONAL

5 DEVELOPMENT MANAGEMENT

6 SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of 

7 the funds made available in title III of this Act pursuant 

8 to or to carry out the provisions of part I of the Foreign 

9 Assistance Act of 1961, including funds appropriated 

10 under the heading ‘‘Assistance for Europe, Eurasia and 

11 Central Asia’’, may be used by the United States Agency 

12 for International Development to hire and employ individ13 uals in the United States and overseas on a limited ap14 pointment basis pursuant to the authority of sections 308 

15 and 309 of the Foreign Service Act of 1980 (22 U.S.C. 

16 3948 and 3949). 

17 (b) RESTRICTIONS.— 

18 (1) The number of individuals hired in any fis19 cal year pursuant to the authority contained in sub20 section (a) may not exceed 175. 

21 (2) The authority to hire individuals contained 

22 in subsection (a) shall expire on September 30, 

23 2019. 

24 (c) CONDITIONS.—The authority of subsection (a) 

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1 ber of positions that are filled by personal services contrac2 tors or other non-direct hire employees of USAID, who 

3 are compensated with funds appropriated to carry out part 

4 I of the Foreign Assistance Act of 1961, including funds 

5 appropriated under the heading ‘‘Assistance for Europe, 

6 Eurasia and Central Asia’’, are eliminated. 

7 (d) PROGRAM ACCOUNT CHARGED.—The account 

8 charged for the cost of an individual hired and employed 

9 under the authority of this section shall be the account 

10 to which the responsibilities of such individual primarily 

11 relate: Provided, That funds made available to carry out 

12 this section may be transferred to, and merged with, funds 

13 appropriated by this Act in title II under the heading ‘‘Op14 erating Expenses’’. 

15 (e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi16 viduals hired and employed by USAID, with funds made 

17 available in this Act or prior Acts making appropriations 

18 for the Department of State, foreign operations, and re19 lated programs, pursuant to the authority of section 309 

20 of the Foreign Service Act of 1980 (22 U.S.C. 3949), may 

21 be extended for a period of up to 4 years notwithstanding 

22 the limitation set forth in such section. 

23 (f) DISASTER SURGE CAPACITY.—Funds appro24 priated under title III of this Act to carry out part I of 

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1 propriated under the heading ‘‘Assistance for Europe, 

2 Eurasia and Central Asia’’, may be used, in addition to 

3 funds otherwise available for such purposes, for the cost 

4 (including the support costs) of individuals detailed to or 

5 employed by USAID whose primary responsibility is to 

6 carry out programs in response to natural disasters, or 

7 man-made disasters subject to the regular notification 

8 procedures of the Committees on Appropriations. 

9 (g) PERSONAL SERVICES CONTRACTORS.—Funds ap10 propriated by this Act to carry out chapter 1 of part I, 

11 chapter 4 of part II, and section 667 of the Foreign As12 sistance Act of 1961, and title II of the Food for Peace 

13 Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be 

14 used by USAID to employ up to 40 personal services con15 tractors in the United States, notwithstanding any other 

16 provision of law, for the purpose of providing direct, in17 terim support for new or expanded overseas programs and 

18 activities managed by the agency until permanent direct 

19 hire personnel are hired and trained: Provided, That not 

20 more than 15 of such contractors shall be assigned to any 

21 bureau or office: Provided further, That such funds appro22 priated to carry out title II of the Food for Peace Act 

23 (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made 

24 available only for personal services contractors assigned 

25 to the Office of Food for Peace. 

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1 (h) SMALL BUSINESS.—In entering into multiple 

2 award indefinite-quantity contracts with funds appro3 priated by this Act, USAID may provide an exception to 

4 the fair opportunity process for placing task orders under 

5 such contracts when the order is placed with any category 

6 of small or small disadvantaged business. 

7 (i) SENIOR FOREIGN SERVICE LIMITED APPOINT8 MENTS.—Individuals hired pursuant to the authority pro9 vided by section 7059(o) of the Department of State, For10 eign Operations, and Related Programs Appropriations 

11 Act, 2011 (division F of Public Law 111–117) may be 

12 assigned to or support programs in Afghanistan or Paki13 stan with funds made available in this Act and prior Acts 

14 making appropriations for the Department of State, for15 eign operations, and related programs. 

16 GLOBAL HEALTH ACTIVITIES

17 SEC. 7058. (a) IN GENERAL.—Funds appropriated 

18 by titles III and IV of this Act that are made available 

19 for bilateral assistance for child survival activities or dis20 ease programs including activities relating to research on, 

21 and the prevention, treatment and control of, HIV/AIDS 

22 may be made available notwithstanding any other provi23 sion of law except for provisions under the heading ‘‘Glob24 al Health Programs’’ and the United States Leadership 

25 Against HIV/AIDS, Tuberculosis, and Malaria Act of 

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1 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend2 ed: Provided, That of the funds appropriated under title 

3 III of this Act, not less than $575,000,000 should be made 

4 available for family planning/reproductive health, includ5 ing in areas where population growth threatens biodiver6 sity or endangered species. 

7 (b) GLOBAL FUND.—Of the funds appropriated by 

8 this Act that are available for a contribution to the Global 

9 Fund to Fight AIDS, Tuberculosis and Malaria (Global 

10 Fund), 10 percent should be withheld from obligation until 

11 the Secretary of State determines and reports to the Com12 mittees on Appropriations that the Global Fund is— 

13 (1) maintaining and implementing a policy of 

14 transparency, including the authority of the Global 

15 Fund Office of the Inspector General (OIG) to pub16 lish OIG reports on a public Web site; 

17 (2) providing sufficient resources to maintain 

18 an independent OIG that— 

19 (A) reports directly to the Board of the 

20 Global Fund; 

21 (B) maintains a mandate to conduct thor22 ough investigations and programmatic audits, 

23 free from undue interference; and 

24 (C) compiles regular, publicly published 

25 audits and investigations of financial, proMarch 21, 2018 (6:08 p.m.)
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1 grammatic, and reporting aspects of the Global 

2 Fund, its grantees, recipients, sub-recipients, 

3 and Local Fund Agents; 

4 (3) effectively implementing and enforcing poli5 cies and procedures which reflect best practices for 

6 the protection of whistleblowers from retaliation, in7 cluding best practices for— 

8 (A) protection against retaliation for inter9 nal and lawful public disclosures; 

10 (B) legal burdens of proof; 

11 (C) statutes of limitation for reporting re12 taliation; 

13 (D) access to independent adjudicative 

14 bodies, including external arbitration; and 

15 (E) results that eliminate the effects of 

16 proven retaliation; and 

17 (4) implementing the recommendations con18 tained in the Consolidated Transformation Plan ap19 proved by the Board of the Global Fund on Novem20 ber 21, 2011: 

21 Provided, That such withholding shall not be in addition 

22 to funds that are withheld from the Global Fund in fiscal 

23 year 2018 pursuant to the application of any other provi24 sion contained in this or any other Act. 

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1 (c) CONTAGIOUS INFECTIOUS DISEASE OUT2 BREAKS.— 

3 (1) EXTRAORDINARY MEASURES.—If the Sec4 retary of State determines and reports to the Com5 mittees on Appropriations that an international in6 fectious disease outbreak is sustained, severe, and is 

7 spreading internationally, or that it is in the na8 tional interest to respond to a Public Health Emer9 gency of International Concern, funds appropriated 

10 by this Act under the headings ‘‘Global Health Pro11 grams’’, ‘‘Development Assistance’’, ‘‘International 

12 Disaster Assistance’’, ‘‘Complex Crises Fund’’, 

13 ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, 

14 ‘‘Assistance for Europe, Eurasia and Central Asia’’, 

15 ‘‘Migration and Refugee Assistance’’, and ‘‘Millen16 nium Challenge Corporation’’ may be made available 

17 to combat such infectious disease or public health 

18 emergency, and may be transferred to, and merged 

19 with, funds appropriated under such headings for 

20 the purposes of this paragraph. 

21 (2) CONSULTATION AND NOTIFICATION.— 

22 Funds made available by this subsection shall be 

23 subject to prior consultation with the appropriate 

24 congressional committees, and the regular notificaMarch 21, 2018 (6:08 p.m.)
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1 tion procedures of the Committees on Appropria2 tions. 

3 (3) GLOBAL HEALTH SECURITY.—Not later 

4 than 180 days after enactment of this Act, a global 

5 health security strategy shall be submitted to the ap6 propriate congressional committees in the manner 

7 described under this section in the explanatory state8 ment described in section 4 (in the matter preceding 

9 division A of this consolidated Act). 

10 (d) REPURPOSED FUNDS.—(1) Of the unobligated 

11 balances available under the heading ‘‘Bilateral Economic 

12 Assistance’’ in title IX of the Department of State, For13 eign Operations, and Related Programs Appropriations 

14 Act, 2015 (division J of Public Law 113–235)— 

15 (A) $35,000,000 shall be made available for the 

16 Emergency Reserve Fund established pursuant to 

17 section 7058(c)(1) of the Department of State, For18 eign Operations, and Related Programs Appropria19 tions Act, 2017 (division J of Public Law 115–31): 

20 Provided, That such funds may only be made avail21 able if the USAID Administrator determines and re22 ports to the Committees on Appropriations that it is 

23 in the national interest to respond to an emerging 

24 health threat that poses severe threats to human 

25 health; 

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1 (B) $100,000,000 shall be for programs to ac2 celerate the capabilities of targeted countries to pre3 vent, detect, and respond to infectious disease out4 breaks; and 

5 (C) $10,000,000 shall be made available for 

6 support of a multi-partner trust fund or other multi7 lateral efforts to assist communities in Haiti affected 

8 by cholera resulting from the United Nations Sta9 bilization Mission in Haiti: Provided, That prior to 

10 the obligation of such funds, the Secretary of State 

11 shall ensure that mechanisms are in place for moni12 toring, oversight, and control of such funds: Pro13 vided further, That such funds shall be subject to 

14 prior consultation with, and the regular notification 

15 procedures of, the Committees on Appropriations. 

16 (2) Funds made available pursuant to this subsection 

17 are in addition to funds otherwise made available for such 

18 purposes. 

19 (3) Funds made available pursuant to this subsection 

20 under the headings ‘‘Global Health Programs’’ and 

21 ‘‘International Disaster Assistance’’ may be transferred 

22 to, and merged with, funds made available under such 

23 headings: Provided, That such transfer authority is in ad24 dition to any other transfer authority provided by law. 

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1 (4) The amounts repurposed under this subsection 

2 are designated by the Congress as an emergency require3 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

4 Budget and Emergency Deficit Control Act of 1985 and 

5 shall be available only if the President subsequently so 

6 designates all such amounts and transmits such designa7 tions to the Congress. 

8 GENDER EQUALITY

9 SEC. 7059. (a) GENDER EQUALITY.—Funds appro10 priated by this Act shall be made available to promote gen11 der equality in United States Government diplomatic and 

12 development efforts by raising the status, increasing the 

13 participation, and protecting the rights of women and girls 

14 worldwide. 

15 (b) WOMEN’S LEADERSHIP.—Of the funds appro16 priated by title III of this Act, not less than $50,000,000 

17 shall be made available to increase leadership opportuni18 ties for women in countries where women and girls suffer 

19 discrimination due to law, policy, or practice, by strength20 ening protections for women’s political status, expanding 

21 women’s participation in political parties and elections, 

22 and increasing women’s opportunities for leadership posi23 tions in the public and private sectors at the local, provin24 cial, and national levels. 

25 (c) GENDER-BASED VIOLENCE.— 

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1 (1)(A) Of the funds appropriated by titles III 

2 and IV of this Act, not less than $150,000,000 shall 

3 be made available to implement a multi-year strat4 egy to prevent and respond to gender-based violence 

5 in countries where it is common in conflict and non6 conflict settings. 

7 (B) Funds appropriated by titles III and IV of 

8 this Act that are available to train foreign police, ju9 dicial, and military personnel, including for inter10 national peacekeeping operations, shall address, 

11 where appropriate, prevention and response to gen12 der-based violence and trafficking in persons, and 

13 shall promote the integration of women into the po14 lice and other security forces. 

15 (2) Department of State and United States 

16 Agency for International Development gender pro17 grams shall incorporate coordinated efforts to com18 bat a variety of forms of gender-based violence, in19 cluding child marriage, rape, female genital cutting 

20 and mutilation, and domestic violence, among other 

21 forms of gender-based violence in conflict and non22 conflict settings. 

23 (d) WOMEN, PEACE, AND SECURITY.—Funds appro24 priated by this Act under the headings ‘‘Development As25 sistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for EuMarch 21, 2018 (6:08 p.m.)
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1 rope, Eurasia and Central Asia’’, and ‘‘International Nar2 cotics Control and Law Enforcement’’ should be made 

3 available to support a multi-year strategy to expand, and 

4 improve coordination of, United States Government ef5 forts to empower women as equal partners in conflict pre6 vention, peace building, transitional processes, and recon7 struction efforts in countries affected by conflict or in po8 litical transition, and to ensure the equitable provision of 

9 relief and recovery assistance to women and girls. 

10 (e) WOMEN AND GIRLS AT RISK FROM EXTRE11 MISM.— 

12 (1) ASSISTANCE.—Of the funds appropriated by 

13 this Act under the heading ‘‘Economic Support 

14 Fund’’, not less than $15,000,000 shall be made 

15 available to support women and girls who are at risk 

16 from extremism and conflict, and for activities to— 

17 (A) empower women and girls to counter 

18 extremism; 

19 (B) address the needs of women and girls 

20 adversely impacted by extremism and conflict; 

21 (C) document crimes committed by extrem22 ists against women and girls, and support in23 vestigations and prosecutions of such crimes, as 

24 appropriate; 

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1 (D) increase the participation and influ2 ence of women in formal and informal political 

3 processes and institutions at the local level and 

4 within traditional governing structures; 

5 (E) support reconciliation programs be6 tween impacted minority, religious, and ethnic 

7 groups and the broader community; 

8 (F) develop and implement legal reforms 

9 and protections for women and girls at the na10 tional and local government levels; and 

11 (G) create and sustain networks for women 

12 and girls to collectively safeguard their rights 

13 on a regional basis. 

14 (2) CLARIFICATION AND NOTIFICATION.— 

15 Funds made available pursuant to paragraph (1)— 

16 (A) are in addition to amounts otherwise 

17 available by this Act for such purposes; and 

18 (B) shall be made available following con19 sultation with, and subject to the regular notifi20 cation procedures of, the Committees on Appro21 priations. 

22 SECTOR ALLOCATIONS

23 SEC. 7060. (a) BASIC EDUCATION AND HIGHER

24 EDUCATION.— 

25 (1) BASIC EDUCATION.— 

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1 (A) Of the funds appropriated under title 

2 III of this Act, not less than $800,000,000 

3 shall be made available for assistance for basic 

4 education, and such funds may be made avail5 able notwithstanding any other provision of law 

6 that restricts assistance to foreign countries: 

7 Provided, That such funds should be used to 

8 implement the objectives of basic education pro9 grams for each Country Development Coopera10 tion Strategy or similar strategy regarding 

11 basic education established by the United 

12 States Agency for International Development: 

13 Provided further, That such funds may also be 

14 used for secondary education activities: Pro15 vided further, That the USAID Administrator, 

16 following consultation with the Committees on 

17 Appropriations, may reprogram such funds be18 tween countries. 

19 (B) Not later than 30 days after enact20 ment of this Act, the USAID Administrator 

21 shall report to the Committees on Appropria22 tions on the status of cumulative unobligated 

23 balances and obligated, but unexpended, bal24 ances in each country where USAID provides 

25 basic education assistance and such report shall 

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1 also include details on the types of contracts 

2 and grants provided and the goals and objec3 tives of such assistance: Provided, That the 

4 USAID Administrator shall update such report 

5 on a quarterly basis until September 30, 2019: 

6 Provided further, That if the USAID Adminis7 trator determines that any unobligated balances 

8 of funds specifically designated for assistance 

9 for basic education in prior Acts making appro10 priations for the Department of State, foreign 

11 operations, and related programs are in excess 

12 of the absorptive capacity of recipient countries, 

13 such funds may be made available for other 

14 programs authorized under chapter 1 of part I 

15 of the Foreign Assistance Act of 1961, notwith16 standing such funding designation: Provided 

17 further, That the authority of the previous pro18 viso shall be subject to prior consultation with, 

19 and the regular notification procedures of, the 

20 Committees on Appropriations. 

21 (C) Of the funds appropriated under title 

22 III of this Act for assistance for basic education 

23 programs, not less than $87,500,000 shall be 

24 made available for a contribution to multilateral 

25 partnerships that support education. 

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1 (2) HIGHER EDUCATION.—Of the funds appro2 priated by title III of this Act, not less than 

3 $235,000,000 shall be made available for assistance 

4 for higher education: Provided, That such funds may 

5 be made available notwithstanding any other provi6 sion of law that restricts assistance to foreign coun7 tries, and shall be subject to the regular notification 

8 procedures of the Committees on Appropriations: 

9 Provided further, That of such amount, not less than 

10 $35,000,000 shall be made available for human and 

11 institutional capacity building partnerships between 

12 higher education institutions in the United States 

13 and developing countries, of which not less than 

14 $15,000,000 shall be for new partnerships which 

15 should be competed and awarded not later than one 

16 year after enactment of this Act: Provided further, 

17 That not later than 45 days after enactment of this 

18 Act, the USAID Administrator shall consult with 

19 the Committees on Appropriations on the proposed 

20 uses of funds for such partnerships. 

21 (b) DEVELOPMENT PROGRAMS.—Of the funds appro22 priated by this Act under the heading ‘‘Development As23 sistance’’, not less than $28,000,000 shall be made avail24 able for the American Schools and Hospitals Abroad proMarch 21, 2018 (6:08 p.m.)
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1 gram, and not less than $12,000,000 shall be made avail2 able for cooperative development programs of USAID. 

3 (c) ENVIRONMENT PROGRAMS.— 

4 (1) AUTHORITY AND NOTIFICATION.— 

5 (A) Funds appropriated by this Act to 

6 carry out the provisions of sections 103 through 

7 106, and chapter 4 of part II, of the Foreign 

8 Assistance Act of 1961 may be used, notwith9 standing any other provision of law, except for 

10 the provisions of this subsection, to support en11 vironment programs. 

12 (B) Funds made available pursuant to this 

13 subsection shall be subject to the regular notifi14 cation procedures of the Committees on Appro15 priations. 

16 (C) None of the funds in this Act are ap17 propriated or otherwise made available for a 

18 contribution, grant, or any other payment for 

19 the Green Climate Fund. 

20 (2) CONSERVATION PROGRAMS AND LIMITA21 TIONS.— 

22 (A) Of the funds appropriated under title 

23 III of this Act, not less than $269,000,000 

24 shall be made available for biodiversity con25 servation programs. 

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1 (B) Not less than $90,664,000 of the 

2 funds appropriated under titles III and IV of 

3 this Act shall be made available to combat the 

4 transnational threat of wildlife poaching and 

5 trafficking. 

6 (C) None of the funds appropriated under 

7 title IV of this Act may be made available for 

8 training or other assistance for any military 

9 unit or personnel that the Secretary of State 

10 determines has been credibly alleged to have 

11 participated in wildlife poaching or trafficking, 

12 unless the Secretary reports to the appropriate 

13 congressional committees that to do so is in the 

14 national security interest of the United States. 

15 (D) Funds appropriated by this Act for 

16 biodiversity programs shall not be used to sup17 port the expansion of industrial scale logging or 

18 any other industrial scale extractive activity 

19 into areas that were primary/intact tropical for20 ests as of December 30, 2013, and the Sec21 retary of the Treasury shall instruct the United 

22 States executive directors of each international 

23 financial institutions (IFI) to vote against any 

24 financing of any such activity. 

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1 (3) LARGE DAMS.—The Secretary of the Treas2 ury shall instruct the United States executive direc3 tor of each IFI that it is the policy of the United 

4 States to vote in relation to any loan, grant, strat5 egy, or policy of such institution to support the con6 struction of any large dam consistent with the cri7 teria set forth in Senate Report 114–79, while also 

8 considering whether the project involves important 

9 foreign policy objectives. 

10 (4) SUSTAINABLE LANDSCAPES.—Of the funds 

11 appropriated under title III of this Act, not less than 

12 $123,500,000 shall be made available for sustainable 

13 landscapes programs. 

14 (d) FOOD SECURITY AND AGRICULTURAL DEVELOP15 MENT.—Of the funds appropriated by title III of this Act, 

16 not less than $1,000,600,000 shall be made available for 

17 food security and agricultural development programs to 

18 carry out the purposes of the Global Food Security Act 

19 of 2016 (Public Law 114–195), of which not less than 

20 $315,960,000 shall be made available for the Bureau for 

21 Food Security, USAID, including not less than 

22 $55,000,000 for the Feed the Future Innovation Labs: 

23 Provided, That funds may be made available for a con24 tribution as authorized by section 3202 of the Food, Con25 servation, and Energy Act of 2008 (Public Law 110–246), 

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1 as amended by section 3206 of the Agricultural Act of 

2 2014 (Public Law 113–79). 

3 (e) MICROENTERPRISE AND MICROFINANCE.—Of the 

4 funds appropriated by this Act, not less than 

5 $265,000,000 shall be made available for microenterprise 

6 and microfinance development programs for the poor, es7 pecially women. 

8 (f) PROGRAMS TO COMBAT TRAFFICKING IN PER9 SONS.—Of the funds appropriated by this Act under the 

10 headings ‘‘Development Assistance’’, ‘‘Economic Support 

11 Fund’’, ‘‘Assistance for Europe, Eurasia and Central 

12 Asia’’, and ‘‘International Narcotics Control and Law En13 forcement’’, not less than $65,000,000 shall be made 

14 available for activities to combat trafficking in persons 

15 internationally, of which not less than $40,000,000 shall 

16 be from funds made available under the heading ‘‘Inter17 national Narcotics Control and Law Enforcement’’: Pro18 vided, That funds appropriated by this Act that are made 

19 available for programs to end modern slavery shall be in 

20 addition to funds made available by this subsection to 

21 combat trafficking in persons. 

22 (g) RECONCILIATION PROGRAMS.—Of the funds ap23 propriated by this Act under the headings ‘‘Economic 

24 Support Fund’’ and ‘‘Development Assistance’’, not less 

25 than $30,000,000 shall be made available to support peoMarch 21, 2018 (6:08 p.m.)
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1 ple-to-people reconciliation programs which bring together 

2 individuals of different ethnic, religious, and political 

3 backgrounds from areas of civil strife and war: Provided, 

4 That the USAID Administrator shall consult with the 

5 Committees on Appropriations, prior to the initial obliga6 tion of funds, on the uses of such funds, and such funds 

7 shall be subject to the regular notification procedures of 

8 the Committees on Appropriations: Provided further, That 

9 to the maximum extent practicable, such funds shall be 

10 matched by sources other than the United States Govern11 ment: Provided further, That such funds shall be adminis12 tered by the Office of Conflict Management and Mitiga13 tion, USAID. 

14 (h) WATER AND SANITATION.—Of the funds appro15 priated by this Act, not less than $400,000,000 shall be 

16 made available for water supply and sanitation projects 

17 pursuant to the Senator Paul Simon Water for the Poor 

18 Act of 2005 (Public Law 109–121), of which not less than 

19 $145,000,000 shall be for programs in sub-Saharan Afri20 ca, and of which not less than $15,000,000 shall be made 

21 available to support initiatives by local communities in de22 veloping countries to build and maintain safe latrines. 

23 OVERSEAS PRIVATE INVESTMENT CORPORATION

24 SEC. 7061. (a) TRANSFER OF FUNDS.—Whenever 

25 the President determines that it is in furtherance of the 

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1 purposes of the Foreign Assistance Act of 1961, up to a 

2 total of $20,000,000 of the funds appropriated under title 

3 III of this Act may be transferred to, and merged with, 

4 funds appropriated by this Act for the Overseas Private 

5 Investment Corporation Program Account, to be subject 

6 to the terms and conditions of that account: Provided, 

7 That such funds shall not be available for administrative 

8 expenses of the Overseas Private Investment Corporation: 

9 Provided further, That designated funding levels in this 

10 Act shall not be transferred pursuant to this section: Pro11 vided further, That the exercise of such authority shall be 

12 subject to the regular notification procedures of the Com13 mittees on Appropriations. 

14 (b) AUTHORITY.—Notwithstanding section 235(a)(2) 

15 of the Foreign Assistance Act of 1961, the authority of 

16 subsections (a) through (c) of section 234 of such Act 

17 shall remain in effect until September 30, 2018. 

18 ARMS TRADE TREATY

19 SEC. 7062. None of the funds appropriated by this 

20 Act may be obligated or expended to implement the Arms 

21 Trade Treaty until the Senate approves a resolution of 

22 ratification for the Treaty. 

23 INSPECTORS GENERAL

24 SEC. 7063. (a) PROHIBITION ON USE OF FUNDS.— 

25 None of the funds appropriated by this Act may be used 

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1 to deny an Inspector General funded under this Act timely 

2 access to any records, documents, or other materials avail3 able to the department or agency of the United States 

4 Government over which such Inspector General has re5 sponsibilities under the Inspector General Act of 1978 (5 

6 U.S.C. App.), or to prevent or impede the access of such 

7 Inspector General to such records, documents, or other 

8 materials, under any provision of law, except a provision 

9 of law that expressly refers to such Inspector General and 

10 expressly limits the right of access of such Inspector Gen11 eral. 

12 (b) TIMELY ACCESS.—A department or agency of the 

13 United States Government covered by this section shall 

14 provide its Inspector General access to all records, docu15 ments, and other materials in a timely manner. 

16 (c) COMPLIANCE.—Each Inspector General covered 

17 by this section shall ensure compliance with statutory limi18 tations on disclosure relevant to the information provided 

19 by the department or agency over which that Inspector 

20 General has responsibilities under the Inspector General 

21 Act of 1978 (5 U.S.C. App.). 

22 (d) REPORT.—Each Inspector General covered by 

23 this section shall report to the Committees on Appropria24 tions within 5 calendar days of any failure by any depart25 ment or agency of the United States Government to proMarch 21, 2018 (6:08 p.m.)
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1 vide its Inspector General access to all requested records, 

2 documents, and other materials. 

3 REPORTING REQUIREMENTS CONCERNING INDIVIDUALS

4 DETAINED AT NAVAL STATION, GUANTA ́NAMO BAY, CUBA

5 SEC. 7064. Not later than 5 days after the conclusion 

6 of an agreement with a country, including a state with 

7 a compact of free association with the United States, to 

8 receive by transfer or release individuals detained at 

9 United States Naval Station, Guanta ́namo Bay, Cuba, the 

10 Secretary of State shall notify the Committees on Appro11 priations in writing of the terms of the agreement, includ12 ing whether funds appropriated by this Act or prior Acts 

13 making appropriations for the Department of State, for14 eign operations, and related programs will be made avail15 able for assistance for such country pursuant to such 

16 agreement. 

17 MULTI-YEAR PLEDGES

18 SEC. 7065. None of the funds appropriated by this 

19 Act may be used to make any pledge for future year fund20 ing for any multilateral or bilateral program funded in ti21 tles III through VI of this Act unless such pledge was— 

22 (1) previously justified, including the projected 

23 future year costs, in a congressional budget justifica24 tion; 

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1 (2) included in an Act making appropriations 

2 for the Department of State, foreign operations, and 

3 related programs or previously authorized by an Act 

4 of Congress; 

5 (3) notified in accordance with the regular noti6 fication procedures of the Committees on Appropria7 tions, including the projected future year costs; or 

8 (4) the subject of prior consultation with the 

9 Committees on Appropriations and such consultation 

10 was conducted at least 7 days in advance of the 

11 pledge. 

12 PROHIBITION ON USE OF TORTURE

13 SEC. 7066. None of the funds made available in this 

14 Act may be used to support or justify the use of torture, 

15 cruel, or inhumane treatment by any official or contract 

16 employee of the United States Government. 

17 EXTRADITION

18 SEC. 7067. (a) LIMITATION.—None of the funds ap19 propriated in this Act may be used to provide assistance 

20 (other than funds provided under the headings ‘‘Inter21 national Disaster Assistance’’, ‘‘Complex Crises Fund’’, 

22 ‘‘International Narcotics Control and Law Enforcement’’, 

23 ‘‘Migration and Refugee Assistance’’, ‘‘United States 

24 Emergency Refugee and Migration Assistance Fund’’, and 

25 ‘‘Nonproliferation, Anti-terrorism, Demining and Related 

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1 Assistance’’) for the central government of a country 

2 which has notified the Department of State of its refusal 

3 to extradite to the United States any individual indicted 

4 for a criminal offense for which the maximum penalty is 

5 life imprisonment without the possibility of parole or for 

6 killing a law enforcement officer, as specified in a United 

7 States extradition request. 

8 (b) CLARIFICATION.—Subsection (a) shall only apply 

9 to the central government of a country with which the 

10 United States maintains diplomatic relations and with 

11 which the United States has an extradition treaty and the 

12 government of that country is in violation of the terms 

13 and conditions of the treaty. 

14 (c) WAIVER.—The Secretary of State may waive the 

15 restriction in subsection (a) on a case-by-case basis if the 

16 Secretary certifies to the Committees on Appropriations 

17 that such waiver is important to the national interest of 

18 the United States. 

19 COMMERCIAL LEASING OF DEFENSE ARTICLES

20 SEC. 7068. Notwithstanding any other provision of 

21 law, and subject to the regular notification procedures of 

22 the Committees on Appropriations, the authority of sec23 tion 23(a) of the Arms Export Control Act may be used 

24 to provide financing to Israel, Egypt, and the North Atlan25 tic Treaty Organization (NATO), and major non-NATO 

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1 allies for the procurement by leasing (including leasing 

2 with an option to purchase) of defense articles from 

3 United States commercial suppliers, not including Major 

4 Defense Equipment (other than helicopters and other 

5 types of aircraft having possible civilian application), if the 

6 President determines that there are compelling foreign 

7 policy or national security reasons for those defense arti8 cles being provided by commercial lease rather than by 

9 government-to-government sale under such Act. 

10 JOINT STRATEGIC PLAN, BUDGET, AND TRANSITIONS

11 SEC. 7069. (a) JOINT STRATEGIC PLAN AND BUDG12 ET.—Not later than 180 days after enactment of this Act, 

13 the Secretary of State and the Administrator of the 

14 United States Agency for International Development shall 

15 jointly submit to the Committees on Appropriations a five 

16 year budget estimate that details by each fiscal year the 

17 funds necessary to implement, by agency, each of the four 

18 goals identified in the ‘‘Joint Strategic Plan for the De19 partment of State and the United States Agency for Inter20 national Development, FY 2018–2022’’ (Joint Strategic 

21 Plan), required by section 306 of title 5, United States 

22 Code, and published on February 12, 2018: Provided, 

23 That the Secretary and the Administrator shall inform the 

24 appropriate congressional committees not later than SepMarch 21, 2018 (6:08 p.m.)
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1 tember 30, 2018 of any changes to the Joint Strategic 

2 Plan. 

3 (b) STRATEGIC TRANSITIONS.— 

4 (1) The USAID Administrator shall regularly 

5 consult with the appropriate congressional commit6 tees and development stakeholders on efforts to 

7 transition nations from assistance recipients to en8 during diplomatic, economic, and security partners: 

9 Provided, That such consultations shall include the 

10 guiding principles and metrics being developed to 

11 support such efforts, and any other matters related 

12 to the implementation plan required in paragraph 

13 (2). 

14 (2) Not later than 180 days after enactment of 

15 this Act, the USAID Administrator shall submit to 

16 the appropriate congressional committees an imple17 mentation plan on country transitions from assist18 ance that includes— 

19 (A) the conditions and related benchmarks 

20 under which countries may transition from as21 sistance provided by this Act and subsequent 

22 Acts making appropriations for the Department 

23 of State, foreign operations, and related pro24 grams; 

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1 (B) the actions required by USAID to fa2 cilitate or support country efforts toward such 

3 transition, including consultation with civil soci4 ety, other donors, multilateral organizations, 

5 and implementing partners; 

6 (C) a description of the costs and number 

7 of personnel associated with strategic transi8 tions, including investments to increase public 

9 and private domestic resource mobilization; and 

10 (D) the plans to ensure post-transition de11 velopment progress. 

12 COUNTERING RUSSIAN INFLUENCE AND AGGRESSION

13 SEC. 7070. (a) LIMITATION.—None of the funds ap14 propriated by this Act may be made available for assist15 ance for the central Government of the Russian Federa16 tion. 

17 (b) ANNEXATION OF CRIMEA.— 

18 (1) None of the funds appropriated by this Act 

19 may be made available for assistance for the central 

20 government of a country that the Secretary of State 

21 determines and reports to the Committees on Appro22 priations has taken affirmative steps intended to 

23 support or be supportive of the Russian Federation 

24 annexation of Crimea or other territory in Ukraine: 

25 Provided, That except as otherwise provided in subMarch 21, 2018 (6:08 p.m.)
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1 section (a), the Secretary may waive the restriction 

2 on assistance required by this paragraph if the Sec3 retary determines and reports to such Committees 

4 that to do so is in the national interest of the United 

5 States, and includes a justification for such interest. 

6 (2) None of the funds appropriated by this Act 

7 may be made available for— 

8 (A) the implementation of any action or 

9 policy that recognizes the sovereignty of the 

10 Russian Federation over Crimea or other terri11 tory in Ukraine; 

12 (B) the facilitation, financing, or guarantee 

13 of United States Government investments in 

14 Crimea or other territory in Ukraine under the 

15 control of Russian-backed separatists, if such 

16 activity includes the participation of Russian 

17 Government officials, or other Russian owned 

18 or controlled financial entities; or 

19 (C) assistance for Crimea or other terri20 tory in Ukraine under the control of Russian21 backed separatists, if such assistance includes 

22 the participation of Russian Government offi23 cials, or other Russian owned or controlled fi24 nancial entities. 

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1 (3) The Secretary of the Treasury shall instruct 

2 the United States executive directors of each inter3 national financial institution to vote against any as4 sistance by such institution (including any loan, 

5 credit, or guarantee) for any program that violates 

6 the sovereignty or territorial integrity of Ukraine. 

7 (4) The requirements and limitations of this 

8 subsection shall cease to be in effect if the Secretary 

9 of State determines and reports to the Committees 

10 on Appropriations that the Government of Ukraine 

11 has reestablished sovereignty over Crimea and other 

12 territory in Ukraine under the control of Russian13 backed separatists. 

14 (c) OCCUPATION OF THE GEORGIAN TERRITORIES OF

15 ABKHAZIA AND TSKHINVALI REGION/SOUTH OSSETIA.— 

16 (1) None of the funds appropriated by this Act 

17 may be made available for assistance for the central 

18 government of a country that the Secretary of State 

19 determines and reports to the Committees on Appro20 priations has recognized the independence of, or has 

21 established diplomatic relations with, the Russian oc22 cupied Georgian territories of Abkhazia and 

23 Tskhinvali Region/South Ossetia: Provided, That the 

24 Secretary shall publish on the Department of State 

25 Web site a list of any such central governments in 

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1 a timely manner: Provided further, That the Sec2 retary may waive the restriction on assistance re3 quired by this paragraph if the Secretary determines 

4 and reports to the Committees on Appropriations 

5 that to do so is in the national interest of the United 

6 States, and includes a justification for such interest. 

7 (2) None of the funds appropriated by this Act 

8 may be made available to support the Russian occu9 pation of the Georgian territories of Abkhazia and 

10 Tskhinvali Region/South Ossetia. 

11 (3) The Secretary of the Treasury shall instruct 

12 the United States executive directors of each inter13 national financial institution to vote against any as14 sistance by such institution (including any loan, 

15 credit, or guarantee) for any program that violates 

16 the sovereignty and territorial integrity of Georgia. 

17 (d) ASSISTANCE TO COUNTER INFLUENCE AND AG18 GRESSION.— 

19 (1) Of the funds appropriated by this Act under 

20 the headings ‘‘Assistance for Europe, Eurasia and 

21 Central Asia’’, ‘‘International Narcotics Control and 

22 Law Enforcement’’, ‘‘International Military Edu23 cation and Training’’, and ‘‘Foreign Military Fi24 nancing Program’’, not less than $250,000,000 shall 

25 be made available to carry out the purposes of the 

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1 Countering Russian Influence Fund, as authorized 

2 by section 254 of the Countering Russian Influence 

3 in Europe and Eurasia Act of 2017 (Public Law 

4 115–44; 22 U.S.C. 9543), and programs to enhance 

5 the capacity of law enforcement and security forces 

6 in countries in Europe and Eurasia and strengthen 

7 security cooperation between such countries and the 

8 United States and the North Atlantic Treaty Orga9 nization, as appropriate. 

10 (2) Funds appropriated by this Act and made 

11 available for assistance for the Eastern Partnership 

12 countries shall be made available to advance the im13 plementation of Association Agreements and trade 

14 agreements with the European Union, and to reduce 

15 their vulnerability to external economic and political 

16 pressure from the Russian Federation. 

17 (e) DEMOCRACY PROGRAMS.—Funds appropriated by 

18 this Act shall be made available to support democracy pro19 grams in the Russian Federation, including to promote 

20 Internet freedom, and shall also be made available to sup21 port the democracy and rule of law strategy required by 

22 section 7071(d) of the Department of State, Foreign Op23 erations, and Related Programs Appropriations Act, 2014 

24 (division K of Public Law 113–76). 

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1 INTERNATIONAL MONETARY FUND

2 SEC. 7071. (a) EXTENSIONS.—The terms and condi3 tions of sections 7086(b) (1) and (2) and 7090(a) of the 

4 Department of State, Foreign Operations, and Related 

5 Programs Appropriations Act, 2010 (division F of Public 

6 Law 111–117) shall apply to this Act. 

7 (b) REPAYMENT.—The Secretary of the Treasury 

8 shall instruct the United States Executive Director of the 

9 International Monetary Fund (IMF) to seek to ensure 

10 that any loan will be repaid to the IMF before other pri11 vate creditors. 

12 SPECIAL DEFENSE ACQUISITION FUND

13 SEC. 7072. Not to exceed $900,000,000 may be obli14 gated pursuant to section 51(c)(2) of the Arms Export 

15 Control Act for the purposes of the Special Defense Acqui16 sition Fund (the Fund), to remain available for obligation 

17 until September 30, 2020: Provided, That the provision 

18 of defense articles and defense services to foreign coun19 tries or international organizations from the Fund shall 

20 be subject to the concurrence of the Secretary of State. 

21 STABILITY AND DEVELOPMENT IN REGIONS IMPACTED BY

22 EXTREMISM AND CONFLICT

23 SEC. 7073. (a) COUNTERING FOREIGN FIGHTERS

24 AND EXTREMIST ORGANIZATIONS.—Funds appropriated 

25 under titles III and IV of this Act shall be made available 

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1 for programs and activities to counter and defeat violent 

2 extremism and foreign fighters abroad, consistent with the 

3 strategy required by section 7073(a)(1) of the Department 

4 of State, Foreign Operations, and Related Programs Ap5 propriations Act, 2017 (division J of Public Law 115–31): 

6 Provided, That the Secretary of State shall ensure such 

7 programs are coordinated with and complement the efforts 

8 of other United States Government agencies and inter9 national partners, and that information gained through 

10 the conduct of such programs is shared in a timely manner 

11 with relevant departments and agencies of the United 

12 States Government, other international partners, and the 

13 appropriate congressional committees, as appropriate. 

14 (b) COUNTRIES IMPACTED BY SIGNIFICANT REF15 UGEE POPULATIONS OR INTERNALLY DISPLACED PER16 SONS.— 

17 (1) USES OF FUNDS.—Funds appropriated by 

18 this Act under the headings ‘‘Development Assist19 ance’’ and ‘‘Economic Support Fund’’ shall be made 

20 available for programs in countries affected by sig21 nificant populations of internally displaced persons 

22 or refugees to— 

23 (A) expand and improve host government 

24 social services and basic infrastructure to acMarch 21, 2018 (6:08 p.m.)
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1 commodate the needs of such populations and 

2 persons; 

3 (B) alleviate the social and economic 

4 strains placed on host communities, including 

5 through programs to promote livelihoods, voca6 tional training, and formal and informal edu7 cation; 

8 (C) improve coordination of such assist9 ance in a more effective and sustainable man10 ner; and 

11 (D) leverage increased assistance from do12 nors other than the United States Government 

13 for central governments and local communities 

14 in such countries: 

15 Provided, That the Secretary of State shall periodi16 cally inform the appropriate congressional commit17 tees of the amounts and specific uses of funds made 

18 available for the purposes of this subsection. 

19 (2) CONCESSIONAL FINANCE FACILITY.—Funds 

20 appropriated under title III of this Act under the 

21 heading ‘‘Economic Support Fund’’ may be made 

22 available for the Concessional Finance Facility of 

23 the World Bank to provide financing to support ref24 ugees and host communities: Provided, That such 

25 funds shall be in addition to funds made available 

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1 for bilateral assistance in the report required by sec2 tion 653(a) of the Foreign Assistance Act of 1961, 

3 and may only be made available subject to prior con4 sultation with the Committees on Appropriations. 

5 (c) FRAGILE STATES AND EXTREMISM.—Funds ap6 propriated by this Act shall be made available for the pur7 poses of section 7080 of the Department of State, Foreign 

8 Operations, and Related Programs Appropriations Act, 

9 2017 (division J of Public Law 115–31), subject to the 

10 regular notification procedures of the Committees on Ap11 propriations. 

12 ENTERPRISE FUNDS

13 SEC. 7074. (a) NOTIFICATION.—None of the funds 

14 made available under titles III through VI of this Act may 

15 be made available for Enterprise Funds unless the appro16 priate congressional committees are notified at least 15 

17 days in advance. 

18 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the 

19 distribution of any assets resulting from any liquidation, 

20 dissolution, or winding up of an Enterprise Fund, in whole 

21 or in part, the President shall submit to the appropriate 

22 congressional committees a plan for the distribution of the 

23 assets of the Enterprise Fund. 

24 (c) TRANSITION OR OPERATING PLAN.—Prior to a 

25 transition to and operation of any private equity fund or 

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1 other parallel investment fund under an existing Enter2 prise Fund, the President shall submit such transition or 

3 operating plan to the appropriate congressional commit4 tees. 

5 USE OF FUNDS IN CONTRAVENTION OF THIS ACT

6 SEC. 7075. If the President makes a determination 

7 not to comply with any provision of this Act on constitu8 tional grounds, the head of the relevant Federal agency 

9 shall notify the Committees on Appropriations in writing 

10 within 5 days of such determination, the basis for such 

11 determination and any resulting changes to program and 

12 policy. 

13 BUDGET DOCUMENTS

14 SEC. 7076. (a) OPERATING AND REORGANIZATION

15 PLANS.—Not later than 45 days after the date of enact16 ment of this Act, each department, agency, or organization 

17 funded in titles I, II, and VI of this Act, and the Depart18 ment of the Treasury and Independent Agencies funded 

19 in title III of this Act, including the Inter-American Foun20 dation and the United States African Development Foun21 dation, shall submit to the Committees on Appropriations 

22 an operating plan for funds appropriated to such depart23 ment, agency, or organization in such titles of this Act, 

24 or funds otherwise available for obligation in fiscal year 

25 2018, that provides details of the uses of such funds at 

March 21, 2018 (6:08 p.m.)
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1 the program, project, and activity level: Provided, That 

2 such plans shall include, as applicable, a comparison be3 tween the congressional budget justification funding levels, 

4 the most recent congressional directives or approved fund5 ing levels, and the funding levels proposed by the depart6 ment or agency; and a clear, concise, and informative de7 scription/justification: Provided further, That if such de8 partment, agency, or organization receives an additional 

9 amount under the same heading in title VIII of this Act, 

10 operating plans required by this subsection shall include 

11 consolidated information on all such funds: Provided fur12 ther, That operating plans that include changes in levels 

13 of funding for programs, projects, and activities specified 

14 in the congressional budget justification, in this Act, or 

15 amounts specifically designated in the respective tables in16 cluded in the explanatory statement described in section 

17 4 (in the matter preceding division A of this consolidated 

18 Act), as applicable, shall be subject to the notification and 

19 reprogramming requirements of section 7015 of this Act. 

20 (b) SPEND PLANS.— 

21 (1) Prior to the initial obligation of funds, the 

22 Secretary of State or Administrator of the United 

23 States Agency for International Development, as ap24 propriate, shall submit to the Committees on ApproMarch 21, 2018 (6:08 p.m.)
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1 priations a spend plan for funds made available by 

2 this Act, for— 

3 (A) assistance for Afghanistan, Iraq, Leb4 anon, Pakistan, and the West Bank and Gaza; 

5 (B) assistance made available pursuant to 

6 section 7070(d) of this Act to counter Russian 

7 influence and aggression, except that such plan 

8 shall be on a country-by-country basis; 

9 (C) Power Africa and the regional security 

10 initiatives listed under this section in Senate 

11 Report 115–152: Provided, That the spend plan 

12 for such initiatives shall include the amount of 

13 assistance planned for each country by account, 

14 to the maximum extent practicable; and 

15 (D) democracy programs, programs to sup16 port section 7073(a) of this Act, and sectors 

17 enumerated in subsections (a), (c), (d), (e), (f), 

18 and (h) of section 7060 of this Act. 

19 (2) Not later than 45 days after enactment of 

20 this Act, the Secretary of the Treasury shall submit 

21 to the Committees on Appropriations a detailed 

22 spend plan for funds made available by this Act 

23 under the heading ‘‘Department of the Treasury, 

24 International Affairs Technical Assistance’’ in title 

25 III. 

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1 (3) Notwithstanding paragraph (1), up to 10 

2 percent of the funds contained in a spend plan re3 quired by this subsection may be obligated prior to 

4 the submission of such spend plan if the Secretary 

5 of State or the USAID Administrator, as appro6 priate, determines that the obligation of such funds 

7 is necessary to avoid significant programmatic dis8 ruption: Provided, That not less than seven days 

9 prior to such obligation, the Secretary or Adminis10 trator, as appropriate, shall consult with the Com11 mittees on Appropriations on the justification for 

12 such obligation and the proposed uses of such funds. 

13 (c) SPENDING REPORT.—Not later than 45 days 

14 after enactment of this Act, the USAID Administrator 

15 shall submit to the Committees on Appropriations a de16 tailed report on spending of funds made available during 

17 fiscal year 2017 under the heading ‘‘Development Credit 

18 Authority’’. 

19 (d) CLARIFICATION.—The spend plans referenced in 

20 subsection (b) shall not be considered as meeting the noti21 fication requirements in this Act or under section 634A 

22 of the Foreign Assistance Act of 1961. 

23 (e) CONGRESSIONAL BUDGET JUSTIFICATION.— 

24 (1) The congressional budget justification for 

25 Department of State operations and foreign operMarch 21, 2018 (6:08 p.m.)
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1 ations shall be provided to the Committees on Ap2 propriations concurrent with the date of submission 

3 of the President’s budget for fiscal year 2019: Pro4 vided, That the appendices for such justification 

5 shall be provided to the Committees on Appropria6 tions not later than 10 calendar days thereafter. 

7 (2) The Secretary of State and the USAID Ad8 ministrator shall include in the congressional budget 

9 justification a detailed justification for multi-year 

10 availability for any funds requested under the head11 ings ‘‘Diplomatic and Consular Programs’’ and ‘‘Op12 erating Expenses’’. 

13 REPORTS AND RECORDS MANAGEMENT

14 SEC. 7077. (a) PUBLIC POSTING OF REPORTS.— 

15 (1) REQUIREMENT.—Any agency receiving 

16 funds made available by this Act shall, subject to 

17 paragraphs (2) and (3), post on the publicly avail18 able Web site of such agency any report required by 

19 this Act to be submitted to the Committees on Ap20 propriations, upon a determination by the head of 

21 such agency that to do so is in the national interest. 

22 (2) EXCEPTIONS.—Paragraph (1) shall not 

23 apply to a report if— 

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1 (A) the public posting of such report would 

2 compromise national security, including the 

3 conduct of diplomacy; or 

4 (B) the report contains proprietary, privi5 leged, or sensitive information. 

6 (3) TIMING AND INTENTION.—The head of the 

7 agency posting such report shall, unless otherwise 

8 provided for in this Act, do so only after such report 

9 has been made available to the Committees on Ap10 propriations for not less than 45 days: Provided, 

11 That any report required by this Act to be submitted 

12 to the Committees on Appropriations shall include 

13 information from the submitting agency on whether 

14 such report will be publicly posted. 

15 (b) REQUESTS FOR DOCUMENTS.—None of the funds 

16 appropriated or made available pursuant to titles III 

17 through VI of this Act shall be available to a nongovern18 mental organization, including any contractor, which fails 

19 to provide upon timely request any document, file, or 

20 record necessary to the auditing requirements of the De21 partment of State and the United States Agency for Inter22 national Development. 

23 (c) RECORDS MANAGEMENT.— 

24 (1) LIMITATION.—None of the funds appro25 priated by this Act under the headings ‘‘Diplomatic 

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1 and Consular Programs’’ and ‘‘Capital Investment 

2 Fund’’ in title I, and ‘‘Operating Expenses’’ and 

3 ‘‘Capital Investment Fund’’ in title II that are made 

4 available to the Department of State and USAID 

5 may be made available to support the use or estab6 lishment of email accounts or email servers created 

7 outside the .gov domain or not fitted for automated 

8 records management as part of a Federal govern9 ment records management program in contravention 

10 of the Presidential and Federal Records Act Amend11 ments of 2014 (Public Law 113–187). 

12 (2) DIRECTIVES.—The Secretary of State and 

13 USAID Administrator shall— 

14 (A) update the policies, directives, and 

15 oversight necessary to comply with Federal 

16 statutes, regulations, and presidential executive 

17 orders and memoranda concerning the preserva18 tion of all records made or received in the con19 duct of official business, including record 

20 emails, instant messaging, and other online 

21 tools; 

22 (B) use funds appropriated by this Act 

23 under the headings ‘‘Diplomatic and Consular 

24 Programs’’ and ‘‘Capital Investment Fund’’ in 

25 title I, and ‘‘Operating Expenses’’ and ‘‘Capital 

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1 Investment Fund’’ in title II, as appropriate, to 

2 improve Federal records management pursuant 

3 to the Federal Records Act (44 U.S.C. Chap4 ters 21, 29, 31, and 33) and other applicable 

5 Federal records management statutes, regula6 tions, or policies for the Department of State 

7 and USAID; 

8 (C) direct departing employees that all 

9 Federal records generated by such employees, 

10 including senior officials, belong to the Federal 

11 Government; and 

12 (D) significantly improve the response time 

13 for identifying and retrieving Federal records, 

14 including requests made pursuant to section 

15 552 of title 5, United States Code (commonly 

16 known as the ‘‘Freedom of Information Act’’). 

17 (3) REPORT.—Not later than 45 days after en18 actment of this Act, the Secretary of State and 

19 USAID Administrator shall each submit a report to 

20 the Committees on Appropriations and to the Na21 tional Archives and Records Administration detail22 ing, as appropriate and where applicable— 

23 (A) any updates or modifications made to 

24 the policy of each agency regarding the use or 

25 the establishment of email accounts or email 

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1 servers created outside the .gov domain or not 

2 fitted for automated records management as 

3 part of a Federal government records manage4 ment program since the submission to the Com5 mittees on Appropriations of the report re6 quired by section 7077(c)(3) of the Department 

7 of State, Foreign Operations, and Related Pro8 grams Appropriations Act, 2017 (division J of 

9 Public Law 115–31); 

10 (B) the extent to which each agency is in 

11 compliance with applicable Federal records 

12 management statutes, regulations, and policies, 

13 including meeting Directive goal 1.2 of the 

14 Managing Government Records Directive (M– 

15 12–18) by December 31, 2017; and 

16 (C) any steps taken since the submission 

17 of the report referenced in subparagraph (A) 

18 to— 

19 (i) comply with paragraph (1)(B) of 

20 this subsection; 

21 (ii) ensure that all employees at every 

22 level have been instructed in procedures 

23 and processes to ensure that the docu24 mentation of their official duties is cap25 tured, preserved, managed, protected, and 

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1 accessible in official Government systems 

2 of the Department of State and USAID; 

3 (iii) implement recommendation 1 

4 made by the Office of Inspector General 

5 (OIG), Department of State, in the Janu6 ary 2016 Evaluation of the Department of 

7 State’s FOIA Process for Requests Involv8 ing the Office of the Secretary (ESP-16- 

9 01); 

10 (iv) reduce the backlog of Freedom of 

11 Information Act (FOIA) and Congressional 

12 oversight requests, and measurably im13 prove the response time for answering such 

14 requests; and 

15 (v) strengthen cyber security meas16 ures to mitigate vulnerabilities, including 

17 those resulting from the use of personal 

18 email accounts or servers outside the .gov 

19 domain, improve the process to identify 

20 and remove inactive user accounts, update 

21 and enforce guidance related to the control 

22 of national security information, and im23 plement the recommendations of the cor24 responding reports of the OIG as detailed 

25 under this section in House Report 115– 

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1 253 and contained in other relevant re2 ports issued by the OIG. 

3 (4) OPERATING PLANS.—The operating plans 

4 required by section 7076(a) of this Act for funds ap5 propriated under the headings listed in paragraph 

6 (1) shall include funds planned for— 

7 (A) implementing the recommendations of 

8 the OIG reports referenced in clauses (iii) and 

9 (v); and 

10 (B) measurably reducing the FOIA and 

11 Congressional oversight requests backlog. 

12 GLOBAL INTERNET FREEDOM

13 SEC. 7078. (a) FUNDING.—Of the funds available for 

14 obligation during fiscal year 2018 under the headings 

15 ‘‘International Broadcasting Operations’’, ‘‘Economic 

16 Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for 

17 Europe, Eurasia and Central Asia’’, not less than 

18 $55,500,000 shall be made available for programs to pro19 mote Internet freedom globally: Provided, That such pro20 grams shall be prioritized for countries whose governments 

21 restrict freedom of expression on the Internet, and that 

22 are important to the national interest of the United 

23 States: Provided further, That funds made available pursu24 ant to this section shall be matched, to the maximum exMarch 21, 2018 (6:08 p.m.)
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1 tent practicable, by sources other than the United States 

2 Government, including from the private sector. 

3 (b) REQUIREMENTS.— 

4 (1) Funds appropriated by this Act under the 

5 headings ‘‘Economic Support Fund’’, ‘‘Democracy 

6 Fund’’, and ‘‘Assistance for Europe, Eurasia and 

7 Central Asia’’ that are made available pursuant to 

8 subsection (a) shall be— 

9 (A) coordinated with other democracy pro10 grams funded by this Act under such headings, 

11 and shall be incorporated into country assist12 ance and democracy promotion strategies, as 

13 appropriate; 

14 (B) for programs to implement the May 

15 2011, International Strategy for Cyberspace; 

16 the Department of State International Cyber17 space Policy Strategy required by section 402 

18 of the Cybersecurity Act of 2015 (division N of 

19 Public Law 114–113); and the comprehensive 

20 strategy to promote Internet freedom and ac21 cess to information in Iran, as required by sec22 tion 414 of the Iran Threat Reduction and 

23 Syria Human Rights Act of 2012 (22 U.S.C. 

24 8754); 

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1 (C) made available for programs that sup2 port the efforts of civil society to counter the 

3 development of repressive Internet-related laws 

4 and regulations, including countering threats to 

5 Internet freedom at international organizations; 

6 to combat violence against bloggers and other 

7 users; and to enhance digital security training 

8 and capacity building for democracy activists; 

9 (D) made available for research of key 

10 threats to Internet freedom; the continued de11 velopment of technologies that provide or en12 hance access to the Internet, including cir13 cumvention tools that bypass Internet blocking, 

14 filtering, and other censorship techniques used 

15 by authoritarian governments; and maintenance 

16 of the technological advantage of the United 

17 States Government over such censorship tech18 niques: Provided, That the Secretary of State, 

19 in consultation with the Chief Executive Officer 

20 (CEO) of the Broadcasting Board of Governors 

21 (BBG), shall coordinate any such research and 

22 development programs with other relevant 

23 United States Government departments and 

24 agencies in order to share information, techMarch 21, 2018 (6:08 p.m.)
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1 nologies, and best practices, and to assess the 

2 effectiveness of such technologies; and 

3 (E) made available only after the Assistant 

4 Secretary for Democracy, Human Rights, and 

5 Labor, Department of State, concurs that such 

6 funds are allocated consistent with— 

7 (i) the strategies referenced in sub8 paragraph (B) of this paragraph; 

9 (ii) best practices regarding security 

10 for, and oversight of, Internet freedom pro11 grams; and 

12 (iii) sufficient resources and support 

13 for the development and maintenance of 

14 anti-censorship technology and tools. 

15 (2) Funds appropriated by this Act under the 

16 heading ‘‘International Broadcasting Operations’’ 

17 that are made available pursuant to subsection (a) 

18 shall be— 

19 (A) made available only for tools and tech20 niques to securely develop and distribute BBG 

21 digital content; facilitate audience access to 

22 such content on Web sites that are censored; 

23 coordinate the distribution of BBG digital con24 tent to targeted regional audiences; and to proMarch 21, 2018 (6:08 p.m.)
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1 mote and distribute such tools and techniques, 

2 including digital security techniques; 

3 (B) coordinated with programs funded by 

4 this Act under the heading ‘‘International 

5 Broadcasting Operations’’, and shall be incor6 porated into country broadcasting strategies, as 

7 appropriate; 

8 (C) coordinated by the BBG CEO to pro9 vide Internet circumvention tools and tech10 niques for audiences in countries that are stra11 tegic priorities for the BBG and in a manner 

12 consistent with the BBG Internet freedom 

13 strategy; and 

14 (D) made available for the research and 

15 development of new tools or techniques author16 ized in paragraph (A) only after the BBG CEO, 

17 in consultation with the Secretary of State and 

18 other relevant United States Government de19 partments and agencies, evaluates the risks and 

20 benefits of such new tools or techniques, and 

21 establishes safeguards to minimize the use of 

22 such new tools or techniques for illicit purposes. 

23 (c) COORDINATION AND SPEND PLANS.—After con24 sultation among the relevant agency heads to coordinate 

25 and de-conflict planned activities, but not later than 90 

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1 days after enactment of this Act, the Secretary of State 

2 and the BBG CEO shall submit to the Committees on Ap3 propriations spend plans for funds made available by this 

4 Act for programs to promote Internet freedom globally, 

5 which shall include a description of safeguards established 

6 by relevant agencies to ensure that such programs are not 

7 used for illicit purposes: Provided, That the Department 

8 of State spend plan shall include funding for all such pro9 grams for all relevant Department of State and USAID 

10 offices and bureaus. 

11 IMPACT ON JOBS IN THE UNITED STATES

12 SEC. 7079. None of the funds appropriated or other13 wise made available under titles III through VI of this 

14 Act may be obligated or expended to provide— 

15 (1) any financial incentive to a business enter16 prise currently located in the United States for the 

17 purpose of inducing such an enterprise to relocate 

18 outside the United States if such incentive or in19 ducement is likely to reduce the number of employ20 ees of such business enterprise in the United States 

21 because United States production is being replaced 

22 by such enterprise outside the United States; 

23 (2) assistance for any program, project, or ac24 tivity that contributes to the violation of internation25 ally recognized workers’ rights, as defined in section 

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1 507(4) of the Trade Act of 1974, of workers in the 

2 recipient country, including any designated zone or 

3 area in that country: Provided, That the application 

4 of section 507(4)(D) and (E) of such Act should be 

5 commensurate with the level of development of the 

6 recipient country and sector, and shall not preclude 

7 assistance for the informal sector in such country, 

8 micro and small-scale enterprise, and smallholder 

9 agriculture; 

10 (3) any assistance to an entity outside the 

11 United States if such assistance is for the purpose 

12 of directly relocating or transferring jobs from the 

13 United States to other countries and adversely im14 pacts the labor force in the United States; or 

15 (4) for the enforcement of any rule, regulation, 

16 policy, or guidelines implemented pursuant to— 

17 (A) the third proviso of subsection 7079(b) 

18 of the Department of State, Foreign Oper19 ations, and Related Programs Appropriations 

20 Act, 2010 (division F of Public Law 111–117); 

21 (B) the modification proposed by the Over22 seas Private Investment Corporation in Novem23 ber 2013 to the Corporation’s Environmental 

24 and Social Policy Statement relating to coal; or 

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1 (C) the Supplemental Guidelines for High 

2 Carbon Intensity Projects approved by the Ex3 port-Import Bank of the United States on De4 cember 12, 2013, 

5 when enforcement of such rule, regulation, policy, or 

6 guidelines would prohibit, or have the effect of pro7 hibiting, any coal-fired or other power-generation 

8 project the purpose of which is to: (i) provide afford9 able electricity in International Development Asso10 ciation (IDA)-eligible countries and IDA-blend coun11 tries; and (ii) increase exports of goods and services 

12 from the United States or prevent the loss of jobs 

13 from the United States. 

14 UNITED STATES CITIZENS AND NATIONALS UNLAWFULLY

15 OR WRONGFULLY DETAINED ABROAD

16 SEC. 7080. (a) REVIEW.—The Special Presidential 

17 Envoy for Hostage Affairs, in consultation with the Assist18 ant Secretary for Consular Affairs, Department of State, 

19 shall review the practices of United States consular offi20 cers regarding assistance for citizens and nationals of the 

21 United States who are detained in countries where the De22 partment of State’s Country Reports on Human Rights 

23 Practices indicate that arbitrary arrest or the denial of 

24 due process is common, or the judicial system is not inde25 pendent or is susceptible to corruption, to— 

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1 (1) assess whether consular officers routinely 

2 seek to determine if— 

3 (A) the detained individual has presented 

4 credible information of factual innocence to 

5 United States officials; 

6 (B) credible information exists that the in7 dividual is detained solely or substantially be8 cause he or she is a citizen or national of the 

9 United States; 

10 (C) credible information exists that the in11 dividual is being detained as a result of exer12 cising his or her right to freedom of expression, 

13 association, assembly, or religion; 

14 (D) credible information exists that the in15 dividual has been detained arbitrarily and de16 nied due process or a fair trial; 

17 (E) independent nongovernmental organi18 zations or journalists have raised concerns 

19 about the innocence or the conditions of con20 finement of the detained individual; 

21 (F) the detained individual has presented 

22 credible information that his or her detention is 

23 a pretext; and 

24 (G) the individual is detained in inhumane 

25 conditions; and 

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1 (2) identify what, if any, diplomatic or other ac2 tions are taken by the Department on behalf of a de3 tained individual if the consular officer determines 

4 that the answer to any of the questions specified in 

5 paragraph (1) is affirmative. 

6 (b) RECOMMENDATIONS, GUIDANCE, AND REPORT.— 

7 Not later than 180 days after enactment of this Act and 

8 after completion of the review required under subsection 

9 (a), the Special Presidential Envoy for Hostage Affairs, 

10 after consultation with the Assistant Secretary for Con11 sular Affairs, Department of State, shall— 

12 (1) provide recommendations to the Secretary 

13 of State for modifying the guidance concerning the 

14 arrest and detention of United States citizens 

15 abroad in the Foreign Affairs Manual and Foreign 

16 Affairs Handbook to better assist the Department of 

17 State in identifying cases where such detention is 

18 unlawful or wrongful and to enhance diplomatic en19 gagements with foreign governments and other ac20 tions on behalf of such citizens and nationals; and 

21 (2) submit a report to the appropriate congres22 sional committees detailing the findings of the re23 view required pursuant to subsection (a) and the 

24 recommendations provided pursuant to paragraph 

25 (1) of this subsection. 

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1 REORGANIZATION AND REDESIGN

2 SEC. 7081. (a) OVERSIGHT.— 

3 (1) PRIOR CONSULTATION.—Funds appro4 priated by this Act and prior Acts making appro5 priations for the Department of State, foreign oper6 ations, and related programs may not be used to im7 plement a reorganization, redesign, or other plan de8 scribed in paragraph (2) by the Department of 

9 State, the United States Agency for International 

10 Development, or any other Federal department, 

11 agency, or organization funded by this Act without 

12 prior consultation by the head of such department, 

13 agency, or organization with the appropriate con14 gressional committees. 

15 (2) DESCRIPTION OF ACTIVITIES.—Pursuant to 

16 paragraph (1), a reorganization, redesign, or other 

17 plan shall include any action to— 

18 (A) expand, eliminate, consolidate, or 

19 downsize covered departments, agencies, or or20 ganizations, including bureaus and offices with21 in or between such departments, agencies, or 

22 organizations, including the transfer to other 

23 agencies of the authorities and responsibilities 

24 of such bureaus and offices; 

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1 (B) expand, eliminate, consolidate, or 

2 downsize the United States official presence 

3 overseas including at bilateral, regional, and 

4 multilateral diplomatic facilities and other plat5 forms; and 

6 (C) expand or reduce the size of the Civil 

7 Service, Foreign Service, eligible family mem8 ber, and locally employed staff workforce of the 

9 Department of State and USAID from the on10 board levels as of December 31, 2017: Provided, 

11 That not less than 30 days after enactment of 

12 this Act, the Secretary of State and the USAID 

13 Administrator shall submit to the appropriate 

14 congressional committees such on-board levels. 

15 (3) NOTIFICATION.—Funds made available by 

16 this Act and prior Acts making appropriations for 

17 the Department of State, foreign operations, and re18 lated programs that are made available for the ac19 tivities described in paragraph (2) shall be subject to 

20 the regular notification procedures of the Commit21 tees on Appropriations: Provided, That any such no22 tification submitted to such Committees shall include 

23 a detailed justification for any proposed action, in24 cluding the information specified under this section 

25 in the explanatory statement described in section 4 

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1 (in the matter preceding division A of this consoli2 dated Act). 

3 (4) OPERATING PLANS.—Operating plans sub4 mitted pursuant to section 7076(a) of this Act shall 

5 detail, as applicable, amounts for the bureaus, of6 fices, and organizations detailed under this section 

7 in the explanatory statement described in section 4 

8 (in the matter preceding division A of this consoli9 dated Act). 

10 (b) ADDITIONAL REQUIREMENTS.— 

11 (1) PERSONNEL.— 

12 (A) Not later than 90 days after enact13 ment of this Act, the Secretary of State and the 

14 USAID Administrator shall each submit a re15 port to the appropriate congressional commit16 tees detailing the personnel requirements nec17 essary to implement the December 2017 ‘‘Na18 tional Security Strategy of the United States’’ 

19 and the February 2018 ‘‘Joint Strategic Plan 

20 for the Department of State and the United 

21 States Agency for International Development, 

22 FY 2018–2022’’. 

23 (B) Not later than 30 days after enact24 ment of this Act, the Secretary of State and the 

25 USAID Administrator shall each submit to the 

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1 appropriate congressional committees an anal2 ysis and justification for the reduction of De3 partment of State and USAID personnel during 

4 calendar year 2017, to include an explanation 

5 of how such reductions support the missions of 

6 each agency. 

7 (C) Not later than 60 days after enact8 ment of this Act and every 60 days thereafter 

9 until September 30, 2019, the Secretary of 

10 State, in the case of the Department of State, 

11 and the USAID Administrator, in the case of 

12 USAID, shall report to the appropriate congres13 sional committees on the on-board personnel 

14 levels, hiring, and attrition of the Civil Service, 

15 Foreign Service, eligible family member, and lo16 cally employed staff workforce of the Depart17 ment of State and USAID, as appropriate, on 

18 an operating unit-by-operating unit basis. 

19 (2) ADMINISTRATION OF FUNDS.—Funds ap20 propriated by this Act— 

21 (A) under the heading ‘‘Migration and 

22 Refugee Assistance’’ shall be administered by 

23 the Assistant Secretary for Population, Refu24 gees, and Migration, Department of State; and 

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1 (B) that are made available for the Office 

2 of Global Women’s Issues shall be administered 

3 by the United States Ambassador-at-Large for 

4 Global Women’s Issues. 

5 (3) INFORMATION TECHNOLOGY PLATFORM.— 

6 (A) None of the funds appropriated in title 

7 I of this Act under the heading ‘‘Administration 

8 of Foreign Affairs’’ may be made available for 

9 a new major information technology investment 

10 without the concurrence of the Chief Informa11 tion Officer, Department of State. 

12 (B) In complying with the requirements of 

13 this paragraph, the Chief Information Officer, 

14 Department of State, shall consider whether a 

15 new major information technology investment— 

16 (i) is consistent with the Department 

17 Information Technology Strategic Plan; 

18 (ii) maintains consolidated control 

19 over enterprise IT functions or improves 

20 operational maintenance; 

21 (iii) improves Department of State re22 siliency to a cyber-attack; 

23 (iv) reduces Department of State IT 

24 costs over the long-term; and 

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1 (v) is in accordance with the Federal 

2 Acquisition Regulation (FAR), including 

3 FAR Part 6 regarding competition require4 ments. 

5 (C) Not later than 45 days after enact6 ment of this Act, the Secretary of State shall 

7 submit a report to the appropriate congres8 sional committees detailing the conclusions and 

9 recommendations from the Information Tech10 nology (IT) Platform Planning workstream of 

11 the Department of State redesign initiative. 

12 (4) REGIONAL DEVELOPMENT MISSION FOR

13 ASIA.—Funds appropriated by this Act and made 

14 available for the Regional Development Mission for 

15 Asia, USAID, in the table included under title II of 

16 the explanatory statement described in section 4 (in 

17 the matter preceding division A of this consolidated 

18 Act) shall be subject to section 7019 of this Act. 

19 UNITED NATIONS POPULATION FUND

20 SEC. 7082. (a) CONTRIBUTION.—Of the funds made 

21 available under the heading ‘‘International Organizations 

22 and Programs’’ in this Act for fiscal year 2018, 

23 $32,500,000 shall be made available for the United Na24 tions Population Fund (UNFPA). 

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1 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

2 by this Act for UNFPA, that are not made available for 

3 UNFPA because of the operation of any provision of law, 

4 shall be transferred to the ‘‘Global Health Programs’’ ac5 count and shall be made available for family planning, ma6 ternal, and reproductive health activities, subject to the 

7 regular notification procedures of the Committees on Ap8 propriations. 

9 (c) PROHIBITION ON USE OF FUNDS IN CHINA.— 

10 None of the funds made available by this Act may be used 

11 by UNFPA for a country program in the People’s Repub12 lic of China. 

13 (d) CONDITIONS ON AVAILABILITY OF FUNDS.— 

14 Funds made available by this Act for UNFPA may not 

15 be made available unless— 

16 (1) UNFPA maintains funds made available by 

17 this Act in an account separate from other accounts 

18 of UNFPA and does not commingle such funds with 

19 other sums; and 

20 (2) UNFPA does not fund abortions. 

21 (e) REPORT TO CONGRESS AND DOLLAR-FOR-DOL22 LAR WITHHOLDING OF FUNDS.— 

23 (1) Not later than 4 months after the date of 

24 enactment of this Act, the Secretary of State shall 

25 submit a report to the Committees on AppropriaMarch 21, 2018 (6:08 p.m.)
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1 tions indicating the amount of funds that UNFPA 

2 is budgeting for the year in which the report is sub3 mitted for a country program in the People’s Repub4 lic of China. 

5 (2) If a report under paragraph (1) indicates 

6 that UNFPA plans to spend funds for a country 

7 program in the People’s Republic of China in the 

8 year covered by the report, then the amount of such 

9 funds UNFPA plans to spend in the People’s Re10 public of China shall be deducted from the funds 

11 made available to UNFPA after March 1 for obliga12 tion for the remainder of the fiscal year in which the 

13 report is submitted. 

14 MULTILATERAL DEVELOPMENT BANK REPLENISHMENTS

15 SEC. 7083. (a) The Asian Development Bank Act (22 

16 U.S.C. 285 et seq.) is amended by adding at the end the 

17 following new section: 

18 ‘‘SEC. 36. ELEVENTH REPLENISHMENT. 

19 ‘‘(a) The United States Governor of the Bank is au20 thorized to contribute, on behalf of the United States, 

21 $189,580,000 to the eleventh replenishment of the re22 sources of the Fund, subject to obtaining the necessary 

23 appropriations. 

24 ‘‘(b) In order to pay for the United States contribu25 tion provided for in subsection (a), there are authorized 

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1 to be appropriated, without fiscal year limitation, 

2 $189,580,000 for payment by the Secretary of the Treas3 ury.’’. 

4 (b) The International Development Association Act 

5 (22 U.S.C. 284 et seq.) is amended by adding at the end 

6 the following new section: 

7 ‘‘SEC. 30. EIGHTEENTH REPLENISHMENT. 

8 ‘‘(a) The United States Governor of the International 

9 Development Association is authorized to contribute on 

10 behalf of the United States $3,291,030,000 to the eight11 eenth replenishment of the resources of the Association, 

12 subject to obtaining the necessary appropriations. 

13 ‘‘(b) In order to pay for the United States contribu14 tion provided for in subsection (a), there are authorized 

15 to be appropriated, without fiscal year limitation, 

16 $3,291,030,000 for payment by the Secretary of the 

17 Treasury.’’. 

18 (c) The African Development Fund Act (22 U.S.C. 

19 290g et seq.) is amended by adding at the end the fol20 lowing new section: 

21 ‘‘SEC. 225. FOURTEENTH REPLENISHMENT. 

22 ‘‘(a) The United States Governor of the Fund is au23 thorized to contribute on behalf of the United States 

24 $513,900,000 to the fourteenth replenishment of the reMarch 21, 2018 (6:08 p.m.)
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1 sources of the Fund, subject to obtaining the necessary 

2 appropriations. 

3 ‘‘(b) In order to pay for the United States contribu4 tion provided for in subsection (a), there are authorized 

5 to be appropriated, without fiscal year limitation, 

6 $513,900,000 for payment by the Secretary of the Treas7 ury.’’. 

8 RESCISSIONS

9 (INCLUDING RESCISSION OF FUNDS)

10 SEC. 7084. (a) Of the unobligated balances available 

11 to the President under the heading ‘‘Development Assist12 ance’’, as identified by Treasury Appropriation Fund 

13 Symbol 72 X 1021, $23,766,000 are rescinded. 

14 (b) Of the unobligated balances available under the 

15 heading ‘‘Export and Investment Assistance, Export-Im16 port Bank of the United States’’ for carryover under the 

17 heading ‘‘Receipts Collected’’ in the Department of State, 

18 Foreign Operations, and Related Programs Appropria19 tions Act, 2015 (division J of Public Law 113–235), 

20 $10,000,000 are rescinded. 

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1 TITLE VIII 

2 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 

3 WAR ON TERRORISM 

4 DEPARTMENT OF STATE 

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Diplomatic and Con9 sular Programs’’, $2,975,971,000, to remain available 

10 until September 30, 2019, of which $2,376,122,000 is for 

11 Worldwide Security Protection and shall remain available 

12 until expended: Provided, That the Secretary of State may 

13 transfer up to $5,000,000 of the total funds made avail14 able under this heading to any other appropriation of any 

15 department or agency of the United States, upon the con16 currence of the head of such department or agency, to sup17 port operations in and assistance for Afghanistan and to 

18 carry out the provisions of the Foreign Assistance Act of 

19 1961: Provided further, That any such transfer shall be 

20 subject to the regular notification procedures of the Com21 mittees on Appropriations: Provided further, That such 

22 amount is designated by the Congress for Overseas Con23 tingency Operations/Global War on Terrorism pursuant to 

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

25 Emergency Deficit Control Act of 1985. 

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1 OFFICE OF INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of Inspector 

3 General’’, $68,100,000, to remain available until Sep4 tember 30, 2019, of which $54,900,000 shall be for the 

5 Special Inspector General for Afghanistan Reconstruction 

6 (SIGAR) for reconstruction oversight: Provided, That 

7 printing and reproduction costs of SIGAR shall not exceed 

8 amounts for such costs during fiscal year 2017: Provided 

9 further, That notwithstanding any other provision of law, 

10 any employee of SIGAR who completes at least 12 months 

11 of continuous service after the date of enactment of this 

12 Act or who is employed on the date on which SIGAR ter13 minates, whichever occurs first, shall acquire competitive 

14 status for appointment to any position in the competitive 

15 service for which the employee possesses the required 

16 qualifications: Provided further, That such amount is des17 ignated by the Congress for Overseas Contingency Oper18 ations/Global War on Terrorism pursuant to section 

19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

22 For an additional amount for ‘‘Embassy Security, 

23 Construction, and Maintenance’’, $71,778,000, to remain 

24 available until expended, for Worldwide Security Up25 grades, acquisition, and construction as authorized: ProMarch 21, 2018 (6:08 p.m.)
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1 vided, That such amount is designated by the Congress 

2 for Overseas Contingency Operations/Global War on Ter3 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985. 

5 INTERNATIONAL ORGANIZATIONS

6 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

7 For an additional amount for ‘‘Contributions to 

8 International Organizations’’, $96,240,000: Provided, 

9 That such amount is designated by the Congress for Over10 seas Contingency Operations/Global War on Terrorism 

11 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

12 Budget and Emergency Deficit Control Act of 1985. 

13 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

14 ACTIVITIES

15 For an additional amount for ‘‘Contributions for 

16 International Peacekeeping Activities’’, $967,456,000, to 

17 remain available until September 30, 2019: Provided, 

18 That such amount is designated by the Congress for Over19 seas Contingency Operations/Global War on Terrorism 

20 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

21 Budget and Emergency Deficit Control Act of 1985. 

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1 UNITED STATES AGENCY FOR INTERNATIONAL 

2 DEVELOPMENT 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 OPERATING EXPENSES

5 For an additional amount for ‘‘Operating Expenses’’, 

6 $158,067,000, to remain available until September 30, 

7 2019: Provided, That such amount is designated by the 

8 Congress for Overseas Contingency Operations/Global 

9 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

10 the Balanced Budget and Emergency Deficit Control Act 

11 of 1985. 

12 OFFICE OF INSPECTOR GENERAL

13 For an additional amount for ‘‘Office of Inspector 

14 General’’, $2,500,000, to remain available until September 

15 30, 2019: Provided, That such amount is designated by 

16 the Congress for Overseas Contingency Operations/Global 

17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 BILATERAL ECONOMIC ASSISTANCE 

21 FUNDS APPROPRIATED TO THE PRESIDENT

22 INTERNATIONAL DISASTER ASSISTANCE

23 For an additional amount for ‘‘International Disaster 

24 Assistance’’, $1,588,778,000, to remain available until ex25 pended: Provided, That such amount is designated by the 

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1 Congress for Overseas Contingency Operations/Global 

2 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

3 the Balanced Budget and Emergency Deficit Control Act 

4 of 1985. 

5 TRANSITION INITIATIVES

6 For an additional amount for ‘‘Transition Initia7 tives’’, $62,043,000, to remain available until expended: 

8 Provided, That such amount is designated by the Congress 

9 for Overseas Contingency Operations/Global War on Ter10 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 COMPLEX CRISES FUND

13 For an additional amount for ‘‘Complex Crises 

14 Fund’’, $20,000,000, to remain available until expended: 

15 Provided, That such amount is designated by the Congress 

16 for Overseas Contingency Operations/Global War on Ter17 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985. 

19 ECONOMIC SUPPORT FUND

20 For an additional amount for ‘‘Economic Support 

21 Fund’’, $2,152,122,000, to remain available until Sep22 tember 30, 2019: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 

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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 DEPARTMENT OF STATE

4 MIGRATION AND REFUGEE ASSISTANCE

5 For an additional amount for ‘‘Migration and Ref6 ugee Assistance’’ to respond to refugee crises, including 

7 in Africa, the Near East, South and Central Asia, and 

8 Europe and Eurasia, $2,431,198,000, to remain available 

9 until expended, except that such funds shall not be made 

10 available for the resettlement costs of refugees in the 

11 United States: Provided, That such amount is designated 

12 by the Congress for Overseas Contingency Operations/ 

13 Global War on Terrorism pursuant to section 

14 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 INTERNATIONAL SECURITY ASSISTANCE 

17 DEPARTMENT OF STATE

18 INTERNATIONAL NARCOTICS CONTROL AND LAW

19 ENFORCEMENT

20 For an additional amount for ‘‘International Nar21 cotics Control and Law Enforcement’’, $417,951,000, to 

22 remain available until September 30, 2019: Provided, 

23 That such amount is designated by the Congress for Over24 seas Contingency Operations/Global War on Terrorism 

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1 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

4 RELATED PROGRAMS

5 For an additional amount for ‘‘Nonproliferation, 

6 Anti-terrorism, Demining and Related Programs’’, 

7 $220,583,000, to remain available until September 30, 

8 2019: Provided, That such amount is designated by the 

9 Congress for Overseas Contingency Operations/Global 

10 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

11 the Balanced Budget and Emergency Deficit Control Act 

12 of 1985. 

13 PEACEKEEPING OPERATIONS

14 For an additional amount for ‘‘Peacekeeping Oper15 ations’’, $325,213,000, to remain available until Sep16 tember 30, 2019: Provided, That such amount is des17 ignated by the Congress for Overseas Contingency Oper18 ations/Global War on Terrorism pursuant to section 

19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985: Provided further, That funds 

21 available for obligation under this heading in this Act may 

22 be used to pay assessed expenses of international peace23 keeping activities in Somalia, subject to the regular notifi24 cation procedures of the Committees on Appropriations. 

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1 FUNDS APPROPRIATED TO THE PRESIDENT

2 FOREIGN MILITARY FINANCING PROGRAM

3 For an additional amount for ‘‘Foreign Military Fi4 nancing Program’’, $460,000,000, to remain available 

5 until September 30, 2019: Provided, That such amount 

6 is designated by the Congress for Overseas Contingency 

7 Operations/Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 GENERAL PROVISIONS 

11 ADDITIONAL APPROPRIATIONS

12 SEC. 8001. Notwithstanding any other provision of 

13 law, funds appropriated in this title are in addition to 

14 amounts appropriated or otherwise made available in this 

15 Act for fiscal year 2018. 

16 EXTENSION OF AUTHORITIES AND CONDITIONS

17 SEC. 8002. Unless otherwise provided for in this Act, 

18 the additional amounts appropriated by this title to appro19 priations accounts in this Act shall be available under the 

20 authorities and conditions applicable to such appropria21 tions accounts. 

22 COUNTERTERRORISM PARTNERSHIPS FUND

23 SEC. 8003. Funds appropriated by this Act under the 

24 heading ‘‘Nonproliferation, Anti-terrorism, Demining and 

25 Related Programs’’ shall be made available for the 

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1 Counterterrorism Partnerships Fund for programs in 

2 areas liberated from, under the influence of, or adversely 

3 affected by, the Islamic State of Iraq and Syria or other 

4 terrorist organizations: Provided, That such areas shall in5 clude the Kurdistan Region of Iraq: Provided further, That 

6 prior to the obligation of funds made available pursuant 

7 to this section, the Secretary of State shall take all prac8 ticable steps to ensure that mechanisms are in place for 

9 monitoring, oversight, and control of such funds: Provided 

10 further, That section 7015(j) of this Act regarding notifi11 cation of assistance diverted or destroyed shall apply to 

12 funds made available for the Counterterrorism Partner13 ships Fund: Provided further, That funds made available 

14 pursuant to this section shall be subject to prior consulta15 tion with the appropriate congressional committees, and 

16 the regular notification procedures of the Committees on 

17 Appropriations. 

18 TRANSFER OF FUNDS

19 SEC. 8004. (a) TRANSFER OF FUNDS BETWEEN AC20 COUNTS.— 

21 (1) Funds appropriated by this title in this Act 

22 under the headings ‘‘Transition Initiatives’’, ‘‘Com23 plex Crises Fund’’, ‘‘Economic Support Fund’’, and 

24 ‘‘Assistance for Europe, Eurasia and Central Asia’’ 

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1 may be transferred to, and merged with, funds ap2 propriated by this title under such headings. 

3 (2) Funds appropriated by this title in this Act 

4 under the headings ‘‘International Narcotics Control 

5 and Law Enforcement’’, ‘‘Nonproliferation, Anti-ter6 rorism, Demining and Related Programs’’, ‘‘Peace7 keeping Operations’’, and ‘‘Foreign Military Financ8 ing Program’’ may be transferred to, and merged 

9 with, funds appropriated by this title under such 

10 headings. 

11 (b) GLOBAL SECURITY CONTINGENCY FUND.—Not12 withstanding any other provision of this section, not to 

13 exceed $7,500,000 from funds appropriated under the 

14 headings ‘‘International Narcotics Control and Law En15 forcement’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign 

16 Military Financing Program’’ by this title in this Act may 

17 be transferred to, and merged with, funds previously made 

18 available under the heading ‘‘Global Security Contingency 

19 Fund’’. 

20 (c) LIMITATION.—The transfer authority provided in 

21 subsection (a) may only be exercised to address contin22 gencies. 

23 (d) NOTIFICATION.—The transfer authority provided 

24 by this section shall be subject to prior consultation with, 

25 and the regular notification procedures of, the Committees 

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1 on Appropriations: Provided, That such transfer authority 

2 is in addition to any transfer authority otherwise available 

3 under any other provision of law, including section 610 

4 of the Foreign Assistance Act of 1961 which may be exer5 cised by the Secretary of State for the purposes of this 

6 title. 

7 This division may be cited as the ‘‘Department of 

8 State, Foreign Operations, and Related Programs Appro9 priations Act, 2018’’. 

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1 DIVISION L—TRANSPORTATION, HOUSING 

2 AND URBAN DEVELOPMENT, AND RE3 LATED AGENCIES APPROPRIATIONS 

4 ACT, 2018 

5 TITLE I 

6 DEPARTMENT OF TRANSPORTATION 

7 OFFICE OF THE SECRETARY

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of the Secretary, 

10 $112,813,000, of which not to exceed $3,001,000 shall be 

11 available for the immediate Office of the Secretary; not 

12 to exceed $1,040,000 shall be available for the immediate 

13 Office of the Deputy Secretary; not to exceed $20,555,000 

14 shall be available for the Office of the General Counsel; 

15 not to exceed $10,331,000 shall be available for the Office 

16 of the Under Secretary of Transportation for Policy; not 

17 to exceed $14,019,000 shall be available for the Office of 

18 the Assistant Secretary for Budget and Programs; not to 

19 exceed $2,546,000 shall be available for the Office of the 

20 Assistant Secretary for Governmental Affairs; not to ex21 ceed $29,356,000 shall be available for the Office of the 

22 Assistant Secretary for Administration; not to exceed 

23 $2,142,000 shall be available for the Office of Public Af24 fairs; not to exceed $1,760,000 shall be available for the 

25 Office of the Executive Secretariat; not to exceed 

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1 $11,318,000 shall be available for the Office of Intel2 ligence, Security, and Emergency Response; and not to ex3 ceed $16,745,000 shall be available for the Office of the 

4 Chief Information Officer: Provided, That the Secretary 

5 of Transportation is authorized to transfer funds appro6 priated for any office of the Office of the Secretary to any 

7 other office of the Office of the Secretary: Provided fur8 ther, That no appropriation for any office shall be in9 creased or decreased by more than 7 percent by all such 

10 transfers: Provided further, That notice of any change in 

11 funding greater than 7 percent shall be submitted for ap12 proval to the House and Senate Committees on Appropria13 tions: Provided further, That not to exceed $60,000 shall 

14 be for allocation within the Department for official recep15 tion and representation expenses as the Secretary may de16 termine: Provided further, That notwithstanding any other 

17 provision of law, excluding fees authorized in Public Law 

18 107–71, there may be credited to this appropriation up 

19 to $2,500,000 in funds received in user fees: Provided fur20 ther, That none of the funds provided in this Act shall 

21 be available for the position of Assistant Secretary for 

22 Public Affairs. 

23 RESEARCH AND TECHNOLOGY

24 For necessary expenses related to the Office of the 

25 Assistant Secretary for Research and Technology, 

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1 $23,465,109, of which $2,618,000 shall remain available 

2 until September 30, 2020, and of which $15,000,000, to 

3 remain available until expended, is for new competitive 

4 grants under 49 U.S.C. 5505 to a national center for con5 gestion research and a national center for infrastructure 

6 research: Provided, That such amounts are in addition to 

7 amounts previously provided for such program: Provided 

8 further, That such amounts for additional national centers 

9 are provided notwithstanding 49 U.S.C. 5505(c)(2)(A): 

10 Provided further, That there may be credited to this ap11 propriation, to be available until expended, funds received 

12 from States, counties, municipalities, other public authori13 ties, and private sources for expenses incurred for train14 ing: Provided further, That any reference in law, regula15 tion, judicial proceedings, or elsewhere to the Research 

16 and Innovative Technology Administration shall continue 

17 to be deemed to be a reference to the Office of the Assist18 ant Secretary for Research and Technology of the Depart19 ment of Transportation. 

20 NATIONAL INFRASTRUCTURE INVESTMENTS

21 For capital investments in surface transportation in22 frastructure, $1,500,000,000, to remain available through 

23 September 30, 2020: Provided, That the Secretary of 

24 Transportation shall distribute funds provided under this 

25 heading as discretionary grants to be awarded to a State, 

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1 local government, transit agency, or a collaboration among 

2 such entities on a competitive basis for projects that will 

3 have a significant local or regional impact: Provided fur4 ther, That projects eligible for funding provided under this 

5 heading shall include, but not be limited to, highway or 

6 bridge projects eligible under title 23, United States Code; 

7 public transportation projects eligible under chapter 53 of 

8 title 49, United States Code; passenger and freight rail 

9 transportation projects; and port infrastructure invest10 ments (including inland port infrastructure and land ports 

11 of entry): Provided further, That of the amount made 

12 available under this heading, the Secretary may use an 

13 amount not to exceed $15,000,000 for the planning, prep14 aration or design of projects eligible for funding under this 

15 heading: Provided further, That grants awarded under the 

16 previous proviso shall not be subject to a minimum grant 

17 size: Provided further, That the Secretary may use up to 

18 20 percent of the funds made available under this heading 

19 for the purpose of paying the subsidy and administrative 

20 costs of projects eligible for Federal credit assistance 

21 under chapter 6 of title 23, United States Code, if the 

22 Secretary finds that such use of the funds would advance 

23 the purposes of this paragraph: Provided further, That in 

24 distributing funds provided under this heading, the Sec25 retary shall take such measures so as to ensure an equiMarch 21, 2018 (6:08 p.m.)
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1 table geographic distribution of funds, an appropriate bal2 ance in addressing the needs of urban and rural areas, 

3 and the investment in a variety of transportation modes: 

4 Provided further, That a grant funded under this heading 

5 shall be not less than $5,000,000 and not greater than 

6 $25,000,000: Provided further, That not more than 10 

7 percent of the funds made available under this heading 

8 may be awarded to projects in a single State: Provided 

9 further, That the Federal share of the costs for which an 

10 expenditure is made under this heading shall be, at the 

11 option of the recipient, up to 80 percent: Provided further, 

12 That the Secretary shall give priority to projects that re13 quire a contribution of Federal funds in order to complete 

14 an overall financing package: Provided further, That not 

15 less than 30 percent of the funds provided under this 

16 heading shall be for projects located in rural areas: Pro17 vided further, That for projects located in rural areas, the 

18 minimum grant size shall be $1,000,000 and the Secretary 

19 may increase the Federal share of costs above 80 percent: 

20 Provided further, That projects conducted using funds pro21 vided under this heading must comply with the require22 ments of subchapter IV of chapter 31 of title 40, United 

23 States Code: Provided further, That the Secretary shall 

24 conduct a new competition to select the grants and credit 

25 assistance awarded under this heading: Provided further, 

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1 That the Secretary may retain up to $25,000,000 of the 

2 funds provided under this heading, and may transfer por3 tions of those funds to the Administrators of the Federal 

4 Highway Administration, the Federal Transit Administra5 tion, the Federal Railroad Administration, and the Mari6 time Administration to fund the award and oversight of 

7 grants and credit assistance made under the National In8 frastructure Investments program: Provided further, That 

9 none of the funds provided in the previous proviso may 

10 be used to hire additional personnel: Provided further, 

11 That the Secretary shall not use the Federal share as a 

12 selection criteria in awarding projects: Provided further, 

13 That the Secretary shall issue the Notice of Funding Op14 portunity under the previous proviso no later than 60 days 

15 after enactment of this Act: Provided further, That the 

16 Notice of Funding Opportunity shall require application 

17 submissions 90 days after the publishing of such Notice: 

18 Provided further, That of the applications submitted under 

19 the previous two provisos, the Secretary shall make grants 

20 no later than 270 days after enactment of this Act in such 

21 amounts that the Secretary determines. 

22 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

23 FINANCE BUREAU

24 For necessary expenses for the administration of the 

25 National Surface Transportation and Innovative Finance 

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1 Bureau (the Bureau) within the Office of the Secretary 

2 of Transportation, $3,000,000, to remain available until 

3 expended: Provided, That the Secretary of Transportation 

4 shall use such amount for the necessary expenses to fulfill 

5 the responsibilities of the Bureau, as detailed in section 

6 9001 of the Fixing America’s Surface Transportation 

7 (FAST) Act (Public Law 114–94) (49 U.S.C. 116): Pro8 vided further, That the Secretary is required to receive the 

9 advance approval of the House and Senate Committees on 

10 Appropriations prior to exercising the authorities of 49 

11 U.S.C. 116(h): Provided further, That the program be 

12 available to other Federal agencies, States, municipalities 

13 and project sponsors seeking Federal transportation ex14 pertise in obtaining financing. 

15 FINANCIAL MANAGEMENT CAPITAL

16 For necessary expenses for upgrading and enhancing 

17 the Department of Transportation’s financial systems and 

18 re-engineering business processes, $6,000,000, to remain 

19 available through September 30, 2020. 

20 CYBER SECURITY INITIATIVES

21 For necessary expenses for cyber security initiatives, 

22 including necessary upgrades to wide area network and 

23 information technology infrastructure, improvement of 

24 network perimeter controls and identity management, 

25 testing and assessment of information technology against 

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1 business, security, and other requirements, implementa2 tion of Federal cyber security initiatives and information 

3 infrastructure enhancements, and implementation of en4 hanced security controls on network devices, $15,000,000, 

5 to remain available through September 30, 2019. 

6 OFFICE OF CIVIL RIGHTS

7 For necessary expenses of the Office of Civil Rights, 

8 $9,500,000. 

9 TRANSPORTATION PLANNING, RESEARCH, AND

10 DEVELOPMENT

11 For necessary expenses for conducting transportation 

12 planning, research, systems development, development ac13 tivities, and making grants, to remain available until ex14 pended, $14,000,000: Provided, That of such amount, 

15 $1,500,000 shall be for necessary expenses of the Inter16 agency Infrastructure Permitting Improvement Center 

17 (IIPIC): Provided further, That there may be transferred 

18 to this appropriation, to remain available until expended, 

19 amounts transferred from other Federal agencies for ex20 penses incurred under this heading for IIPIC activities not 

21 related to transportation infrastructure: Provided further, 

22 That the tools and analysis developed by the IIPIC shall 

23 be available to other Federal agencies for the permitting 

24 and review of major infrastructure projects not related to 

25 transportation only to the extent that other Federal agenMarch 21, 2018 (6:08 p.m.)
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1 cies provide funding to the Department as provided for 

2 under the previous proviso. 

3 WORKING CAPITAL FUND

4 For necessary expenses for operating costs and cap5 ital outlays of the Working Capital Fund, not to exceed 

6 $202,245,000, shall be paid from appropriations made 

7 available to the Department of Transportation: Provided, 

8 That such services shall be provided on a competitive basis 

9 to entities within the Department of Transportation: Pro10 vided further, That the above limitation on operating ex11 penses shall not apply to non-DOT entities: Provided fur12 ther, That no funds appropriated in this Act to an agency 

13 of the Department shall be transferred to the Working 

14 Capital Fund without majority approval of the Working 

15 Capital Fund Steering Committee and approval of the 

16 Secretary: Provided further, That no assessments may be 

17 levied against any program, budget activity, subactivity or 

18 project funded by this Act unless notice of such assess19 ments and the basis therefor are presented to the House 

20 and Senate Committees on Appropriations and are ap21 proved by such Committees. 

22 MINORITY BUSINESS RESOURCE CENTER PROGRAM

23 For necessary expenses of the Minority Business Re24 source Center, the provision of financial education out25 reach activities to eligible transportation-related small 

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1 businesses, the monitoring of existing loans in the guaran2 teed loan program, and the modification of such loans of 

3 the Minority Business Resource Center, $500,301, as au4 thorized by 49 U.S.C. 332; Provided, That notwith5 standing that section, these funds may be for business op6 portunities related to any mode of transportation. 

7 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

8 OUTREACH

9 For necessary expenses for small and disadvantaged 

10 business utilization and outreach activities, $4,646,000, to 

11 remain available until September 30, 2019: Provided, 

12 That notwithstanding 49 U.S.C. 332, these funds may be 

13 used for business opportunities related to any mode of 

14 transportation. 

15 PAYMENTS TO AIR CARRIERS

16 (AIRPORT AND AIRWAY TRUST FUND)

17 In addition to funds made available from any other 

18 source to carry out the essential air service program under 

19 49 U.S.C. 41731 through 41742, $155,000,000, to be de20 rived from the Airport and Airway Trust Fund, to remain 

21 available until expended: Provided, That in determining 

22 between or among carriers competing to provide service 

23 to a community, the Secretary may consider the relative 

24 subsidy requirements of the carriers: Provided further, 

25 That basic essential air service minimum requirements 

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1 shall not include the 15-passenger capacity requirement 

2 under subsection 41732(b)(3) of title 49, United States 

3 Code: Provided further, That none of the funds in this Act 

4 or any other Act shall be used to enter into a new contract 

5 with a community located less than 40 miles from the 

6 nearest small hub airport before the Secretary has nego7 tiated with the community over a local cost share: Pro8 vided further, That amounts authorized to be distributed 

9 for the essential air service program under subsection 

10 41742(b) of title 49, United States Code, shall be made 

11 available immediately from amounts otherwise provided to 

12 the Administrator of the Federal Aviation Administration: 

13 Provided further, That the Administrator may reimburse 

14 such amounts from fees credited to the account estab15 lished under section 45303 of title 49, United States Code. 

16 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

17 SECRETARY OF TRANSPORTATION

18 SEC. 101. None of the funds made available in this 

19 Act to the Department of Transportation may be obligated 

20 for the Office of the Secretary of Transportation to ap21 prove assessments or reimbursable agreements pertaining 

22 to funds appropriated to the modal administrations in this 

23 Act, except for activities underway on the date of enact24 ment of this Act, unless such assessments or agreements 

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1 have completed the normal reprogramming process for 

2 Congressional notification. 

3 SEC. 102. The Secretary shall post on the Web site 

4 of the Department of Transportation a schedule of all 

5 meetings of the Council on Credit and Finance, including 

6 the agenda for each meeting, and require the Council on 

7 Credit and Finance to record the decisions and actions 

8 of each meeting. 

9 SEC. 103. In addition to authority provided by section 

10 327 of title 49, United States Code, the Department’s 

11 Working Capital Fund is hereby authorized to provide 

12 partial or full payments in advance and accept subsequent 

13 reimbursements from all Federal agencies from available 

14 funds for transit benefit distribution services that are nec15 essary to carry out the Federal transit pass transportation 

16 fringe benefit program under Executive Order No. 13150 

17 and section 3049 of Public Law 109–59: Provided, That 

18 the Department shall maintain a reasonable operating re19 serve in the Working Capital Fund, to be expended in ad20 vance to provide uninterrupted transit benefits to Govern21 ment employees: Provided further, That such reserve will 

22 not exceed one month of benefits payable and may be used 

23 only for the purpose of providing for the continuation of 

24 transit benefits: Provided further, That the Working Cap25 ital Fund will be fully reimbursed by each customer agenMarch 21, 2018 (6:08 p.m.)
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1 cy from available funds for the actual cost of the transit 

2 benefit. 

3 FEDERAL AVIATION ADMINISTRATION

4 OPERATIONS

5 (AIRPORT AND AIRWAY TRUST FUND)

6 For necessary expenses of the Federal Aviation Ad7 ministration, not otherwise provided for, including oper8 ations and research activities related to commercial space 

9 transportation, administrative expenses for research and 

10 development, establishment of air navigation facilities, the 

11 operation (including leasing) and maintenance of aircraft, 

12 subsidizing the cost of aeronautical charts and maps sold 

13 to the public, the lease or purchase of passenger motor 

14 vehicles for replacement only, in addition to amounts made 

15 available by Public Law 112–95, $10,211,754,000, to re16 main available until September 30, 2019, of which 

17 $8,851,000,000 shall be derived from the Airport and Air18 way Trust Fund, of which not to exceed $7,692,786,000 

19 shall be available for air traffic organization activities; not 

20 to exceed $1,310,000,000 shall be available for aviation 

21 safety activities; not to exceed $22,587,000 shall be avail22 able for commercial space transportation activities; not to 

23 exceed $801,506,000 shall be available for finance and 

24 management activities; not to exceed $60,000,000 shall be 

25 available for NextGen and operations planning activities; 

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1 not to exceed $112,622,000 shall be available for security 

2 and hazardous materials safety; and not to exceed 

3 $212,253,000 shall be available for staff offices: Provided, 

4 That not to exceed 5 percent of any budget activity, except 

5 for aviation safety budget activity, may be transferred to 

6 any budget activity under this heading: Provided further, 

7 That no transfer may increase or decrease any appropria8 tion by more than 5 percent: Provided further, That any 

9 transfer in excess of 5 percent shall be treated as a re10 programming of funds under section 405 of this Act and 

11 shall not be available for obligation or expenditure except 

12 in compliance with the procedures set forth in that section: 

13 Provided further, That not later than March 31 of each 

14 fiscal year hereafter, the Administrator of the Federal 

15 Aviation Administration shall transmit to Congress an an16 nual update to the report submitted to Congress in De17 cember 2004 pursuant to section 221 of Public Law 108– 

18 176: Provided further, That the amount herein appro19 priated shall be reduced by $100,000 for each day after 

20 March 31 that such report has not been submitted to the 

21 Congress: Provided further, That not later than March 31 

22 of each fiscal year hereafter, the Administrator shall 

23 transmit to Congress a companion report that describes 

24 a comprehensive strategy for staffing, hiring, and training 

25 flight standards and aircraft certification staff in a format 

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1 similar to the one utilized for the controller staffing plan, 

2 including stated attrition estimates and numerical hiring 

3 goals by fiscal year: Provided further, That the amount 

4 herein appropriated shall be reduced by $100,000 per day 

5 for each day after March 31 that such report has not been 

6 submitted to Congress: Provided further, That funds may 

7 be used to enter into a grant agreement with a nonprofit 

8 standard-setting organization to assist in the development 

9 of aviation safety standards: Provided further, That none 

10 of the funds in this Act shall be available for new appli11 cants for the second career training program: Provided 

12 further, That none of the funds in this Act shall be avail13 able for the Federal Aviation Administration to finalize 

14 or implement any regulation that would promulgate new 

15 aviation user fees not specifically authorized by law after 

16 the date of the enactment of this Act: Provided further, 

17 That there may be credited to this appropriation, as off18 setting collections, funds received from States, counties, 

19 municipalities, foreign authorities, other public authori20 ties, and private sources for expenses incurred in the pro21 vision of agency services, including receipts for the mainte22 nance and operation of air navigation facilities, and for 

23 issuance, renewal or modification of certificates, including 

24 airman, aircraft, and repair station certificates, or for 

25 tests related thereto, or for processing major repair or alMarch 21, 2018 (6:08 p.m.)
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1 teration forms: Provided further, That of the funds appro2 priated under this heading, not less than $165,000,000 

3 shall be used to fund direct operations of the current 253 

4 air traffic control towers in the contract tower program, 

5 including the contract tower cost share program, and any 

6 airport that is currently qualified or that will qualify for 

7 the program during the fiscal year: Provided further, That 

8 not later than 30 days after enactment of this Act, the 

9 Secretary of Transportation shall transmit to Congress 

10 the final disposition of the Benefit Cost Analysis for appli11 cations for participation in the Contract Tower Program 

12 and for reevaluation of Cost-share Program participants 

13 pending as of January 1, 2016, as mandated by section 

14 119C of division K of the Consolidated Appropriations 

15 Act, 2017 (Public Law 115–31): Provided further, That 

16 none of the funds in this Act for aeronautical charting 

17 and cartography are available for activities conducted by, 

18 or coordinated through, the Working Capital Fund: Pro19 vided further, That none of the funds appropriated or oth20 erwise made available by this Act or any other Act may 

21 be used to eliminate the Contract Weather Observers pro22 gram at any airport. 

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1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for acquisition, establishment, technical support services, 

5 improvement by contract or purchase, and hire of national 

6 airspace systems and experimental facilities and equip7 ment, as authorized under part A of subtitle VII of title 

8 49, United States Code, including initial acquisition of 

9 necessary sites by lease or grant; engineering and service 

10 testing, including construction of test facilities and acqui11 sition of necessary sites by lease or grant; construction 

12 and furnishing of quarters and related accommodations 

13 for officers and employees of the Federal Aviation Admin14 istration stationed at remote localities where such accom15 modations are not available; and the purchase, lease, or 

16 transfer of aircraft from funds available under this head17 ing, including aircraft for aviation regulation and certifi18 cation; to be derived from the Airport and Airway Trust 

19 Fund, $3,250,000,000, of which $498,000,000 shall re20 main available until September 30, 2019, $2,602,000,000 

21 shall remain available until September 30, 2020, and 

22 $150,000,000 shall remain available until expended: Pro23 vided, That there may be credited to this appropriation 

24 funds received from States, counties, municipalities, other 

25 public authorities, and private sources, for expenses inMarch 21, 2018 (6:08 p.m.)
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1 curred in the establishment, improvement, and moderniza2 tion of national airspace systems: Provided further, That 

3 no later than March 31, the Secretary of Transportation 

4 shall transmit to the Congress an investment plan for the 

5 Federal Aviation Administration which includes funding 

6 for each budget line item for fiscal years 2019 through 

7 2023, with total funding for each year of the plan con8 strained to the funding targets for those years as esti9 mated and approved by the Office of Management and 

10 Budget. 

11 RESEARCH, ENGINEERING, AND DEVELOPMENT

12 (AIRPORT AND AIRWAY TRUST FUND)

13 For necessary expenses, not otherwise provided for, 

14 for research, engineering, and development, as authorized 

15 under part A of subtitle VII of title 49, United States 

16 Code, including construction of experimental facilities and 

17 acquisition of necessary sites by lease or grant, 

18 $188,926,000, to be derived from the Airport and Airway 

19 Trust Fund and to remain available until September 30, 

20 2020: Provided, That there may be credited to this appro21 priation as offsetting collections, funds received from 

22 States, counties, municipalities, other public authorities, 

23 and private sources, which shall be available for expenses 

24 incurred for research, engineering, and development. 

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1 GRANTS-IN-AID FOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (AIRPORT AND AIRWAY TRUST FUND)

5 (INCLUDING TRANSFER OF FUNDS)

6 For liquidation of obligations incurred for grants-in7 aid for airport planning and development, and noise com8 patibility planning and programs as authorized under sub9 chapter I of chapter 471 and subchapter I of chapter 475 

10 of title 49, United States Code, and under other law au11 thorizing such obligations; for procurement, installation, 

12 and commissioning of runway incursion prevention devices 

13 and systems at airports of such title; for grants authorized 

14 under section 41743 of title 49, United States Code; and 

15 for inspection activities and administration of airport safe16 ty programs, including those related to airport operating 

17 certificates under section 44706 of title 49, United States 

18 Code, $3,000,000,000, to be derived from the Airport and 

19 Airway Trust Fund and to remain available until ex20 pended: Provided, That none of the funds under this head21 ing shall be available for the planning or execution of pro22 grams the obligations for which are in excess of 

23 $3,350,000,000 in fiscal year 2018, notwithstanding sec24 tion 47117(g) of title 49, United States Code: Provided 

25 further, That none of the funds under this heading shall 

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1 be available for the replacement of baggage conveyor sys2 tems, reconfiguration of terminal baggage areas, or other 

3 airport improvements that are necessary to install bulk ex4 plosive detection systems: Provided further, That notwith5 standing section 47109(a) of title 49, United States Code, 

6 the Government’s share of allowable project costs under 

7 paragraph (2) for subgrants or paragraph (3) of that sec8 tion shall be 95 percent for a project at other than a large 

9 or medium hub airport that is a successive phase of a 

10 multi-phased construction project for which the project 

11 sponsor received a grant in fiscal year 2011 for the con12 struction project: Provided further, That notwithstanding 

13 any other provision of law, of funds limited under this 

14 heading, not more than $111,863,000 shall be available 

15 for administration, not less than $15,000,000 shall be 

16 available for the Airport Cooperative Research Program, 

17 not less than $33,210,000 shall be available for Airport 

18 Technology Research, and $10,000,000, to remain avail19 able until expended, shall be available and transferred to 

20 ‘‘Office of the Secretary, Salaries and Expenses’’ to carry 

21 out the Small Community Air Service Development Pro22 gram: Provided further, That in addition to airports eligi23 ble under section 41743 of title 49, such program may 

24 include the participation of an airport that serves a com25 munity or consortium that is not larger than a small hub 

March 21, 2018 (6:08 p.m.)
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1 airport, according to FAA hub classifications effective at 

2 the time the Office of the Secretary issues a request for 

3 proposals. 

4 GRANTS-IN-AID FOR AIRPORTS

5 For an additional amount for ‘‘Grants-In-Aid for Air6 ports’’, to enable the Secretary of Transportation to make 

7 grants for projects as authorized by subchapter 1 of chap8 ter 471 and subchapter 1 of chapter 475 of title 49, 

9 United States Code, $1,000,000,000, to remain available 

10 through September 30, 2020: Provided, That amounts 

11 made available under this heading shall be derived from 

12 the general fund, and such funds shall not be subject to 

13 apportionment formulas, special apportionment categories, 

14 or minimum percentages under chapter 471: Provided fur15 ther, That the Secretary shall distribute funds provided 

16 under this heading as discretionary grants to airports: 

17 Provided further, That the Secretary shall give priority 

18 consideration to projects at (a) nonprimary airports that 

19 are classified as Regional, Local, or Basic airports and 

20 are not located within a Metropolitan or Micropolitan Sta21 tistical Area as defined by the Office of Management and 

22 Budget, or (b) primary airports that are classified as 

23 Small or Nonhub airports: Provided further, That the Fed24 eral share payable of the costs for which a grant is made 

25 under this heading to a nonprimary airport shall be 100 

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1 percent: Provided further, That the amount made available 

2 under this heading shall not be subject to any limitation 

3 on obligations for the Grants-in-Aid for Airports program 

4 set forth in any Act: Provided further, That the Adminis5 trator of the Federal Aviation Administration may retain 

6 up to 0.5 percent of the funds provided under this heading 

7 to fund the award and oversight by the Administrator of 

8 grants made under this heading. 

9 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

10 ADMINISTRATION

11 SEC. 110. None of the funds in this Act may be used 

12 to compensate in excess of 600 technical staff-years under 

13 the federally funded research and development center con14 tract between the Federal Aviation Administration and the 

15 Center for Advanced Aviation Systems Development dur16 ing fiscal year 2018. 

17 SEC. 111. None of the funds in this Act shall be used 

18 to pursue or adopt guidelines or regulations requiring air19 port sponsors to provide to the Federal Aviation Adminis20 tration without cost building construction, maintenance, 

21 utilities and expenses, or space in airport sponsor-owned 

22 buildings for services relating to air traffic control, air 

23 navigation, or weather reporting: Provided, That the pro24 hibition of funds in this section does not apply to negotia25 tions between the agency and airport sponsors to achieve 

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1 agreement on ‘‘below-market’’ rates for these items or to 

2 grant assurances that require airport sponsors to provide 

3 land without cost to the Federal Aviation Administration 

4 for air traffic control facilities. 

5 SEC. 112. The Administrator of the Federal Aviation 

6 Administration may reimburse amounts made available to 

7 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 

8 49 U.S.C. 45303 and any amount remaining in such ac9 count at the close of that fiscal year may be made available 

10 to satisfy section 41742(a)(1) for the subsequent fiscal 

11 year. 

12 SEC. 113. Amounts collected under section 40113(e) 

13 of title 49, United States Code, shall be credited to the 

14 appropriation current at the time of collection, to be 

15 merged with and available for the same purposes of such 

16 appropriation. 

17 SEC. 114. None of the funds in this Act shall be avail18 able for paying premium pay under subsection 5546(a) of 

19 title 5, United States Code, to any Federal Aviation Ad20 ministration employee unless such employee actually per21 formed work during the time corresponding to such pre22 mium pay. 

23 SEC. 115. None of the funds in this Act may be obli24 gated or expended for an employee of the Federal Aviation 

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1 Administration to purchase a store gift card or gift certifi2 cate through use of a Government-issued credit card. 

3 SEC. 116. None of the funds in this Act may be obli4 gated or expended for retention bonuses for an employee 

5 of the Federal Aviation Administration without the prior 

6 written approval of the Assistant Secretary for Adminis7 tration of the Department of Transportation. 

8 SEC. 117. Notwithstanding any other provision of 

9 law, none of the funds made available under this Act or 

10 any prior Act may be used to implement or to continue 

11 to implement any limitation on the ability of any owner 

12 or operator of a private aircraft to obtain, upon a request 

13 to the Administrator of the Federal Aviation Administra14 tion, a blocking of that owner’s or operator’s aircraft reg15 istration number from any display of the Federal Aviation 

16 Administration’s Aircraft Situational Display to Industry 

17 data that is made available to the public, except data made 

18 available to a Government agency, for the noncommercial 

19 flights of that owner or operator. 

20 SEC. 118. None of the funds in this Act shall be avail21 able for salaries and expenses of more than eight political 

22 and Presidential appointees in the Federal Aviation Ad23 ministration. 

24 SEC. 119. None of the funds made available under 

25 this Act may be used to increase fees pursuant to section 

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1 44721 of title 49, United States Code, until the Federal 

2 Aviation Administration provides to the House and Senate 

3 Committees on Appropriations a report that justifies all 

4 fees related to aeronautical navigation products and ex5 plains how such fees are consistent with Executive Order 

6 13642. 

7 SEC. 119A. None of the funds in this Act may be 

8 used to close a regional operations center of the Federal 

9 Aviation Administration or reduce its services unless the 

10 Administrator notifies the House and Senate Committees 

11 on Appropriations not less than 90 full business days in 

12 advance. 

13 SEC. 119B. None of the funds appropriated or lim14 ited by this Act may be used to change weight restrictions 

15 or prior permission rules at Teterboro airport in 

16 Teterboro, New Jersey. 

17 SEC. 119C. None of the funds provided under this 

18 Act may be used by the Administrator of the Federal Avia19 tion Administration to withhold from consideration and 

20 approval any application for participation in the Contract 

21 Tower Program, or for reevaluation of Cost-share Pro22 gram participants, pending as of January 1, 2016, as long 

23 as the Federal Aviation Administration has received an 

24 application from the airport, and as long as the Adminis25 trator determines such tower is eligible using the factors 

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1 set forth in the Federal Aviation Administration report, 

2 Establishment and Discontinuance Criteria for Airport 

3 Traffic Control Towers (FAA–APO–90–7 as of August, 

4 1990). 

5 SEC. 119D. Notwithstanding any other provision of 

6 law, none of the funds made available in this Act may be 

7 obligated or expended to limit the use of an Organization 

8 Designation Authorization’s (ODA) delegated functions 

9 documented in its procedures manual on a type certifi10 cation project unless the Administrator documents a sys11 temic airworthiness noncompliance performance issue as 

12 a result of inspection or oversight that the safety of air 

13 commerce requires a limitation with regard to a specific 

14 authorization or where an ODA’s capability has not been 

15 previously established in terms of a new compliance meth16 od or design feature: Provided, That in such cases FAA 

17 shall work with the ODA holder if requested to develop 

18 the capability to execute that function safely, efficiently 

19 and effectively. 

20 FEDERAL HIGHWAY ADMINISTRATION

21 LIMITATION ON ADMINISTRATIVE EXPENSES

22 (HIGHWAY TRUST FUND)

23 (INCLUDING TRANSFER OF FUNDS)

24 Not to exceed $439,443,925, together with advances 

25 and reimbursements received by the Federal Highway AdMarch 21, 2018 (6:08 p.m.)
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1 ministration, shall be obligated for necessary expenses for 

2 administration and operation of the Federal Highway Ad3 ministration. In addition, $3,248,000 shall be transferred 

4 to the Appalachian Regional Commission in accordance 

5 with section 104(a) of title 23, United States Code. 

6 FEDERAL-AID HIGHWAYS

7 (LIMITATION ON OBLIGATIONS)

8 (HIGHWAY TRUST FUND)

9 Funds available for the implementation or execution 

10 of Federal-aid highway and highway safety construction 

11 programs authorized under titles 23 and 49, United States 

12 Code, and the provisions of the Fixing America’s Surface 

13 Transportation Act shall not exceed total obligations of 

14 $44,234,212,000 for fiscal year 2018: Provided, That the 

15 Secretary may collect and spend fees, as authorized by 

16 title 23, United States Code, to cover the costs of services 

17 of expert firms, including counsel, in the field of municipal 

18 and project finance to assist in the underwriting and serv19 icing of Federal credit instruments and all or a portion 

20 of the costs to the Federal Government of servicing such 

21 credit instruments: Provided further, That such fees are 

22 available until expended to pay for such costs: Provided 

23 further, That such amounts are in addition to administra24 tive expenses that are also available for such purpose, and 

25 are not subject to any obligation limitation or the limitaMarch 21, 2018 (6:08 p.m.)
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1 tion on administrative expenses under section 608 of title 

2 23, United States Code. 

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (HIGHWAY TRUST FUND)

5 For the payment of obligations incurred in carrying 

6 out Federal-aid highway and highway safety construction 

7 programs authorized under title 23, United States Code, 

8 $44,973,212,000 derived from the Highway Trust Fund 

9 (other than the Mass Transit Account), to remain avail10 able until expended. 

11 HIGHWAY INFRASTRUCTURE PROGRAMS

12 There is hereby appropriated to the Secretary of 

13 Transportation $2,525,000,000: Provided, That the 

14 amounts made available under this heading shall be de15 rived from the general fund, shall be in addition to any 

16 funds provided for fiscal year 2018 in this or any other 

17 Act for ‘‘Federal-aid Highways’’ under chapter 1 of title 

18 23, United States Code, and shall not affect the distribu19 tion or amount of funds provided in any other Act: Pro20 vided further, That section 1101(b) of Public Law 114– 

21 94 shall apply to funds made available under this heading: 

22 Provided further, That of the funds made available under 

23 this heading, $1,980,000,000 shall be set aside for activi24 ties eligible under section 133(b)(1)(A) of title 23, United 

25 States Code, $15,800,000 shall be set aside for activities 

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1 eligible under the Puerto Rico Highway Program as de2 scribed in section 165(b)(2)(C) of such title, $4,200,000 

3 shall be set aside for activities eligible under the Terri4 torial Highway Program, as described in section 165(c)(6) 

5 of such title, and $300,000,000 shall be set aside for the 

6 nationally significant Federal lands and tribal projects 

7 program under section 1123 of the Fixing America’s Sur8 face Transportation (FAST) Act (Public Law 114–94): 

9 Provided further, That the funds made available under this 

10 heading for activities eligible under section 133(b)(1)(A) 

11 of title 23, United States Code, shall be apportioned to 

12 the States in the same ratio as the obligation limitation 

13 for fiscal year 2018 is distributed among the States in 

14 section 120(a)(5) of this Act: Provided further, That the 

15 funds made available under this heading for activities eli16 gible under section 133(b)(1)(A) of title 23, United States 

17 Code, shall be suballocated in the manner described in sec18 tion 133(d) of such title, except that the set-aside de19 scribed in section 133(h) of such title shall not apply to 

20 funds made available under this heading: Provided further, 

21 That the funds made available under this heading for ac22 tivities eligible under section 133(b)(1)(A) of such title 

23 shall be administered as if apportioned under chapter 1 

24 of such title and shall remain available through September 

25 30, 2021: Provided further, That, except as provided in 

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1 the following proviso, the funds made available under this 

2 heading for activities eligible under the Puerto Rico High3 way Program and activities eligible under the Territorial 

4 Highway Program shall be administered as if allocated 

5 under sections 165(b) and 165(c), respectively, of such 

6 title and shall remain available through September 30, 

7 2021: Provided further, That the funds made available 

8 under this heading for activities eligible under the Puerto 

9 Rico Highway Program shall not be subject to the require10 ments of sections 165(b)(2)(A) or 165(b)(2)(B) of such 

11 title: Provided further, That notwithstanding section 

12 1123(h) of the FAST Act, the funds made available under 

13 this heading for the nationally significant Federal lands 

14 and tribal projects program in section 1123 of such Act 

15 shall remain available until expended: Provided further, 

16 That of the funds made available under this heading, 

17 $225,000,000, to remain available through September 30, 

18 2021, shall be set aside for a competitive highway bridge 

19 program for States that have a population density of less 

20 than 100 individuals per square mile: Provided further, 

21 That the funds made available by the previous proviso 

22 shall be (1) used for highway bridge replacement or reha23 bilitation projects on public roads that demonstrate cost 

24 savings by bundling multiple highway bridge projects and 

25 (2) administered as if apportioned under chapter 1 of title 

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1 23, United States Code: Provided further, That for pur2 pose of the previous two provisos, the Secretary shall cal3 culate population density figures based on the latest avail4 able data from the decennial census conducted under sec5 tion 141(a) of title 13, United States Code. 

6 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

7 ADMINISTRATION

8 SEC. 120. (a) For fiscal year 2018, the Secretary of 

9 Transportation shall— 

10 (1) not distribute from the obligation limitation 

11 for Federal-aid highways— 

12 (A) amounts authorized for administrative 

13 expenses and programs by section 104(a) of 

14 title 23, United States Code; and 

15 (B) amounts authorized for the Bureau of 

16 Transportation Statistics; 

17 (2) not distribute an amount from the obliga18 tion limitation for Federal-aid highways that is equal 

19 to the unobligated balance of amounts— 

20 (A) made available from the Highway 

21 Trust Fund (other than the Mass Transit Ac22 count) for Federal-aid highway and highway 

23 safety construction programs for previous fiscal 

24 years the funds for which are allocated by the 

25 Secretary (or apportioned by the Secretary 

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1 under sections 202 or 204 of title 23, United 

2 States Code); and 

3 (B) for which obligation limitation was 

4 provided in a previous fiscal year; 

5 (3) determine the proportion that— 

6 (A) the obligation limitation for Federal7 aid highways, less the aggregate of amounts not 

8 distributed under paragraphs (1) and (2) of 

9 this subsection; bears to 

10 (B) the total of the sums authorized to be 

11 appropriated for the Federal-aid highway and 

12 highway safety construction programs (other 

13 than sums authorized to be appropriated for 

14 provisions of law described in paragraphs (1) 

15 through (11) of subsection (b) and sums au16 thorized to be appropriated for section 119 of 

17 title 23, United States Code, equal to the 

18 amount referred to in subsection (b)(12) for 

19 such fiscal year), less the aggregate of the 

20 amounts not distributed under paragraphs (1) 

21 and (2) of this subsection; 

22 (4) distribute the obligation limitation for Fed23 eral-aid highways, less the aggregate amounts not 

24 distributed under paragraphs (1) and (2), for each 

25 of the programs (other than programs to which 

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1 paragraph (1) applies) that are allocated by the Sec2 retary under the Fixing America’s Surface Trans3 portation Act and title 23, United States Code, or 

4 apportioned by the Secretary under sections 202 or 

5 204 of that title, by multiplying— 

6 (A) the proportion determined under para7 graph (3); by 

8 (B) the amounts authorized to be appro9 priated for each such program for such fiscal 

10 year; and 

11 (5) distribute the obligation limitation for Fed12 eral-aid highways, less the aggregate amounts not 

13 distributed under paragraphs (1) and (2) and the 

14 amounts distributed under paragraph (4), for Fed15 eral-aid highway and highway safety construction 

16 programs that are apportioned by the Secretary 

17 under title 23, United States Code (other than the 

18 amounts apportioned for the National Highway Per19 formance Program in section 119 of title 23, United 

20 States Code, that are exempt from the limitation 

21 under subsection (b)(12) and the amounts appor22 tioned under sections 202 and 204 of that title) in 

23 the proportion that— 

24 (A) amounts authorized to be appropriated 

25 for the programs that are apportioned under 

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1 title 23, United States Code, to each State for 

2 such fiscal year; bears to 

3 (B) the total of the amounts authorized to 

4 be appropriated for the programs that are ap5 portioned under title 23, United States Code, to 

6 all States for such fiscal year. 

7 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

8 The obligation limitation for Federal-aid highways shall 

9 not apply to obligations under or for— 

10 (1) section 125 of title 23, United States Code; 

11 (2) section 147 of the Surface Transportation 

12 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

13 Stat. 2714); 

14 (3) section 9 of the Federal-Aid Highway Act 

15 of 1981 (95 Stat. 1701); 

16 (4) subsections (b) and (j) of section 131 of the 

17 Surface Transportation Assistance Act of 1982 (96 

18 Stat. 2119); 

19 (5) subsections (b) and (c) of section 149 of the 

20 Surface Transportation and Uniform Relocation As21 sistance Act of 1987 (101 Stat. 198); 

22 (6) sections 1103 through 1108 of the Inter23 modal Surface Transportation Efficiency Act of 

24 1991 (105 Stat. 2027); 

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1 (7) section 157 of title 23, United States Code 

2 (as in effect on June 8, 1998); 

3 (8) section 105 of title 23, United States Code 

4 (as in effect for fiscal years 1998 through 2004, but 

5 only in an amount equal to $639,000,000 for each 

6 of those fiscal years); 

7 (9) Federal-aid highway programs for which ob8 ligation authority was made available under the 

9 Transportation Equity Act for the 21st Century 

10 (112 Stat. 107) or subsequent Acts for multiple 

11 years or to remain available until expended, but only 

12 to the extent that the obligation authority has not 

13 lapsed or been used; 

14 (10) section 105 of title 23, United States Code 

15 (as in effect for fiscal years 2005 through 2012, but 

16 only in an amount equal to $639,000,000 for each 

17 of those fiscal years); 

18 (11) section 1603 of SAFETEA–LU (23 

19 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

20 funds obligated in accordance with that section were 

21 not subject to a limitation on obligations at the time 

22 at which the funds were initially made available for 

23 obligation; and 

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1 (12) section 119 of title 23, United States Code 

2 (but, for each of fiscal years 2013 through 2018, 

3 only in an amount equal to $639,000,000). 

4 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU5 THORITY.—Notwithstanding subsection (a), the Secretary 

6 shall, after August 1 of such fiscal year— 

7 (1) revise a distribution of the obligation limita8 tion made available under subsection (a) if an 

9 amount distributed cannot be obligated during that 

10 fiscal year; and 

11 (2) redistribute sufficient amounts to those 

12 States able to obligate amounts in addition to those 

13 previously distributed during that fiscal year, giving 

14 priority to those States having large unobligated bal15 ances of funds apportioned under sections 144 (as in 

16 effect on the day before the date of enactment of 

17 Public Law 112–141) and 104 of title 23, United 

18 States Code. 

19 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

20 TRANSPORTATION RESEARCH PROGRAMS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the obligation limitation for Federal-aid 

23 highways shall apply to contract authority for trans24 portation research programs carried out under— 

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1 (A) chapter 5 of title 23, United States 

2 Code; and 

3 (B) title VI of the Fixing America’s Sur4 face Transportation Act. 

5 (2) EXCEPTION.—Obligation authority made 

6 available under paragraph (1) shall— 

7 (A) remain available for a period of 4 fis8 cal years; and 

9 (B) be in addition to the amount of any 

10 limitation imposed on obligations for Federal11 aid highway and highway safety construction 

12 programs for future fiscal years. 

13 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

14 FUNDS.— 

15 (1) IN GENERAL.—Not later than 30 days after 

16 the date of distribution of obligation limitation 

17 under subsection (a), the Secretary shall distribute 

18 to the States any funds (excluding funds authorized 

19 for the program under section 202 of title 23, 

20 United States Code) that— 

21 (A) are authorized to be appropriated for 

22 such fiscal year for Federal-aid highway pro23 grams; and 

24 (B) the Secretary determines will not be 

25 allocated to the States (or will not be apporMarch 21, 2018 (6:08 p.m.)
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1 tioned to the States under section 204 of title 

2 23, United States Code), and will not be avail3 able for obligation, for such fiscal year because 

4 of the imposition of any obligation limitation for 

5 such fiscal year. 

6 (2) RATIO.—Funds shall be distributed under 

7 paragraph (1) in the same proportion as the dis8 tribution of obligation authority under subsection 

9 (a)(5). 

10 (3) AVAILABILITY.—Funds distributed to each 

11 State under paragraph (1) shall be available for any 

12 purpose described in section 133(b) of title 23, 

13 United States Code. 

14 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re15 ceived by the Bureau of Transportation Statistics from the 

16 sale of data products, for necessary expenses incurred pur17 suant to chapter 63 of title 49, United States Code, may 

18 be credited to the Federal-aid highways account for the 

19 purpose of reimbursing the Bureau for such expenses: 

20 Provided, That such funds shall be subject to the obliga21 tion limitation for Federal-aid highway and highway safety 

22 construction programs. 

23 SEC. 122. Not less than 15 days prior to waiving, 

24 under his or her statutory authority, any Buy America re25 quirement for Federal-aid highways projects, the SecMarch 21, 2018 (6:08 p.m.)
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1 retary of Transportation shall make an informal public no2 tice and comment opportunity on the intent to issue such 

3 waiver and the reasons therefor: Provided, That the Sec4 retary shall provide an annual report to the House and 

5 Senate Committees on Appropriations on any waivers 

6 granted under the Buy America requirements. 

7 SEC. 123. None of the funds provided in this Act to 

8 the Department of Transportation may be used to provide 

9 credit assistance unless not less than 3 days before any 

10 application approval to provide credit assistance under 

11 sections 603 and 604 of title 23, United States Code, the 

12 Secretary of Transportation provides notification in writ13 ing to the following committees: the House and Senate 

14 Committees on Appropriations; the Committee on Envi15 ronment and Public Works and the Committee on Bank16 ing, Housing and Urban Affairs of the Senate; and the 

17 Committee on Transportation and Infrastructure of the 

18 House of Representatives: Provided, That such notifica19 tion shall include, but not be limited to, the name of the 

20 project sponsor; a description of the project; whether cred21 it assistance will be provided as a direct loan, loan guar22 antee, or line of credit; and the amount of credit assist23 ance. 

24 SEC. 124. None of the funds in this Act may be used 

25 to make a grant for a project under section 117 of title 

March 21, 2018 (6:08 p.m.)
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1 23, United States Code, unless the Secretary, at least 60 

2 days before making a grant under that section, provides 

3 written notification to the House and Senate Committees 

4 on Appropriations of the proposed grant, including an 

5 evaluation and justification for the project and the amount 

6 of the proposed grant award: Provided, That the written 

7 notification required in the previous proviso shall be made 

8 no later than 180 days after enactment of this Act. 

9 SEC. 125. For this fiscal year, the Federal Highway 

10 Administration shall reinstate Interim Approval IA–5, re11 lating to the provisional use of an alternative lettering 

12 style on certain highway guide signs, as it existed before 

13 its termination, as announced in the Federal Register on 

14 January 25, 2016 (81 Fed. Reg. 4083). 

15 SEC. 126. (a) A State or territory, as defined in sec16 tion 165 of title 23, United States Code, may use for any 

17 project eligible under section 133(b) of title 23 or section 

18 165 of title 23 and located within the boundary of the 

19 State or territory any earmarked amount, and any associ20 ated obligation limitation: Provided, That the Department 

21 of Transportation for the State or territory for which the 

22 earmarked amount was originally designated or directed 

23 notifies the Secretary of Transportation of its intent to 

24 use its authority under this section and submits a quar25 terly report to the Secretary identifying the projects to 

March 21, 2018 (6:08 p.m.)
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1 which the funding would be applied. Notwithstanding the 

2 original period of availability of funds to be obligated 

3 under this section, such funds and associated obligation 

4 limitation shall remain available for obligation for a period 

5 of 3 fiscal years after the fiscal year in which the Sec6 retary of Transportation is notified. The Federal share of 

7 the cost of a project carried out with funds made available 

8 under this section shall be the same as associated with 

9 the earmark. 

10 (b) In this section, the term ‘‘earmarked amount’’ 

11 means— 

12 (1) congressionally directed spending, as de13 fined in rule XLIV of the Standing Rules of the 

14 Senate, identified in a prior law, report, or joint ex15 planatory statement, which was authorized to be ap16 propriated or appropriated more than 10 fiscal years 

17 prior to the current fiscal year, and administered by 

18 the Federal Highway Administration; or 

19 (2) a congressional earmark, as defined in rule 

20 XXI of the Rules of the House of Representatives 

21 identified in a prior law, report, or joint explanatory 

22 statement, which was authorized to be appropriated 

23 or appropriated more than 10 fiscal years prior to 

24 the current fiscal year, and administered by the Fed25 eral Highway Administration. 

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1 (c) The authority under subsection (a) may be exer2 cised only for those projects or activities that have obli3 gated less than 10 percent of the amount made available 

4 for obligation as of October 1 of the current fiscal year, 

5 and shall be applied to projects within the same general 

6 geographic area within 50 miles for which the funding was 

7 designated, except that a State or territory may apply 

8 such authority to unexpended balances of funds from 

9 projects or activities the State or territory certifies have 

10 been closed and for which payments have been made under 

11 a final voucher. 

12 (d) The Secretary shall submit consolidated reports 

13 of the information provided by the States and territories 

14 each quarter to the House and Senate Committees on Ap15 propriations. 

16 SEC. 127. Section 127 of title 23, United States 

17 Code, is amended by adding at the end the following: 

18 ‘‘(u) VEHICLES IN NORTH DAKOTA.—A vehicle lim19 ited or prohibited under this section from operating on a 

20 segment of the Interstate System in the State of North 

21 Dakota may operate on such a segment if such vehicle— 

22 ‘‘(1) has a gross vehicle weight of 129,000 

23 pounds or less; 

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1 ‘‘(2) other than gross vehicle weight, complies 

2 with the single axle, tandem axle, and bridge for3 mula limits set forth in subsection (a); and 

4 ‘‘(3) is authorized to operate on such segment 

5 under North Dakota State law.’’. 

6 SEC. 128. Section 1105(c)(89) of Public Law 102– 

7 240, as amended, is amended to read as follows: 

8 ‘‘(89) I–57 Corridor Extension as follows: In 

9 Arkansas, the corridor shall follow United States 

10 Route 67 in North Little Rock, Arkansas, from I– 

11 40 to United States Route 412, then continuing gen12 erally northeast to the State line, and in Missouri, 

13 the corridor shall continue generally north from the 

14 Arkansas State line to Poplar Bluff, Missouri, and 

15 then follow United States Route 60 to I–57.’’. 

16 SEC. 129. Section 1012(e) of Public Law 102–240 

17 is amended by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’ 

18 and adding at the end the following: 

19 ‘‘(2) Upon the request of any State Department 

20 of Transportation that was authorized to enter into 

21 a tolling agreement under section 120(c) of Public 

22 Law 100–17 (101 STAT. 159), the Secretary is au23 thorized to modify the agreement entered into under 

24 Public Law 100–17, as follows. The Secretary shall 

25 authorize the use of excess toll revenues for any 

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1 other purpose for which Federal funds may be obli2 gated under title 23, United States Code, provided 

3 the State— 

4 ‘‘(A) certifies annually that the tolled facil5 ity is being adequately maintained; and 

6 ‘‘(B) agrees to comply with the audit re7 quirements in section 129(a)(3)(B) of title 23, 

8 United States Code. 

9 ‘‘(3) For the purposes of paragraph (2), ‘excess 

10 toll revenues’ means revenues in excess of amounts 

11 necessary for operation and maintenance; debt serv12 ice; reasonable return on investment of any private 

13 person or entity that may be authorized by the State 

14 to operate and maintain the facility; and any cost 

15 necessary for improvement, including reconstruction, 

16 resurfacing, restoration, and rehabilitation.’’. 

17 SEC. 129A. Section 127(a)(10) of title 23, United 

18 States Code, is amended to read— 

19 ‘‘(10) With respect to Interstate Routes 89, 93, 

20 and 95 in the State of New Hampshire— 

21 ‘‘(A) State laws (including regulations) 

22 concerning vehicle weight limitations that were 

23 in effect on January 1, 1987, and are applica24 ble to State highways other than the Interstate 

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1 System, shall be applicable in lieu of the re2 quirements of this subsection; and 

3 ‘‘(B) effective June 30, 2016, a combina4 tion of truck-tractor and dump trailer equipped 

5 with 6 axles or more with a gross weight of up 

6 to 99,000 pounds shall be permitted if the dis7 tances between the extreme axles, excluding the 

8 steering axle, is 28 feet or more.’’. 

9 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

10 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in the implemen15 tation, execution and administration of motor carrier safe16 ty operations and programs pursuant to section 31110 of 

17 title 49, United States Code, as amended by the Fixing 

18 America’s Surface Transportation Act, $283,000,000, to 

19 be derived from the Highway Trust Fund (other than the 

20 Mass Transit Account), together with advances and reim21 bursements received by the Federal Motor Carrier Safety 

22 Administration, the sum of which shall remain available 

23 until expended: Provided, That funds available for imple24 mentation, execution or administration of motor carrier 

25 safety operations and programs authorized under title 49, 

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1 United States Code, shall not exceed total obligations of 

2 $283,000,000 for ‘‘Motor Carrier Safety Operations and 

3 Programs’’ for fiscal year 2018, of which $9,073,000, to 

4 remain available for obligation until September 30, 2020, 

5 is for the research and technology program, and of which 

6 $34,824,000, to remain available for obligation until Sep7 tember 30, 2020, is for information management. 

8 MOTOR CARRIER SAFETY GRANTS

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (LIMITATION ON OBLIGATIONS)

11 (HIGHWAY TRUST FUND)

12 (INCLUDING TRANSFER OF FUNDS)

13 For payment of obligations incurred in carrying out 

14 sections 31102, 31103, 31104, and 31313 of title 49, 

15 United States Code, as amended by the Fixing America’s 

16 Surface Transportation Act, $374,800,000, to be derived 

17 from the Highway Trust Fund (other than the Mass Tran18 sit Account) and to remain available until expended: Pro19 vided, That funds available for the implementation or exe20 cution of motor carrier safety programs shall not exceed 

21 total obligations of $374,800,000 in fiscal year 2018 for 

22 ‘‘Motor Carrier Safety Grants’’; of which $298,900,000 

23 shall be available for the motor carrier safety assistance 

24 program, $31,800,000 shall be available for the commer25 cial driver’s license program implementation program, 

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1 $43,100,000 shall be available for the high priority activi2 ties program, and $1,000,000 shall be available for the 

3 commercial motor vehicle operators grant program: Pro4 vided further, That of the unobligated amounts provided 

5 for Commercial Vehicle Information Systems Network De6 velopment or other Motor Carrier Safety grants in the 

7 Transportation Equity Act for the 21st Century (Public 

8 Law 105–178), SAFETEA-LU (Public Law 109–59), or 

9 other appropriation or authorization acts prior to fiscal 

10 year 2017, $87,000,000 in additional obligation limitation 

11 is provided for the modernization and maintenance of bor12 der facilities, and shall remain available until September 

13 30, 2022: Provided further, That of the unobligated 

14 amounts provided for Commercial Vehicle Information 

15 Systems Network Development or other Motor Carrier 

16 Safety grants in the Transportation Equity Act for the 

17 21st Century (Public Law 105–178), SAFETEA–LU 

18 (Public Law 109–59), or other appropriation or authoriza19 tion acts prior to fiscal year 2017, $100,000,000 in addi20 tional obligation limitation is provided for a highly auto21 mated vehicle research and development program and 

22 shall remain available until expended, of which not less 

23 than $60,000,000 shall be for demonstration grants, and 

24 of which not less than $38,000,000 shall be for research 

25 activities: Provided further, That the activities funded by 

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1 the previous proviso may be accomplished through direct 

2 expenditure, direct research activities, grants, cooperative 

3 agreements, contracts, intra or interagency agreements, or 

4 other agreements with public organizations: Provided fur5 ther, That such amounts, payments, and obligation limita6 tion as may be necessary to carry out highly automated 

7 vehicle research and development program activities may 

8 be transferred and credited to appropriate accounts of 

9 other participating Federal agencies: Provided further, 

10 That $187,000,000 for payment of obligations incurred in 

11 carrying out this section shall be derived from the High12 way Trust Fund (other than the Mass Transit Account), 

13 to be available until expended. 

14 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

15 CARRIER SAFETY ADMINISTRATION

16 SEC. 130. Funds appropriated or limited in this Act 

17 shall be subject to the terms and conditions stipulated in 

18 section 350 of Public Law 107–87 and section 6901 of 

19 Public Law 110–28. 

20 SEC. 131. The Federal Motor Carrier Safety Admin21 istration shall send notice of 49 CFR section 385.308 vio22 lations by certified mail, registered mail, or another man23 ner of delivery, which records the receipt of the notice by 

24 the persons responsible for the violations. 

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1 SEC. 132. None of the funds appropriated or other2 wise made available to the Department of Transportation 

3 by this Act or any other Act may be obligated or expended 

4 to implement, administer, or enforce the requirements of 

5 section 31137 of title 49, United States Code, or any regu6 lation issued by the Secretary pursuant to such section, 

7 with respect to the use of electronic logging devices by op8 erators of commercial motor vehicles, as defined in section 

9 31132(1) of such title, transporting livestock as defined 

10 in section 602 of the Emergency Livestock Feed Assist11 ance Act of 1988 (7 U.S.C. 1471) or insects. 

12 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

13 OPERATIONS AND RESEARCH

14 For expenses necessary to discharge the functions of 

15 the Secretary, with respect to traffic and highway safety 

16 authorized under chapter 301 and part C of subtitle VI 

17 of title 49, United States Code, $189,075,000, of which 

18 $40,000,000 shall remain available through September 

19 30, 2019. 

20 OPERATIONS AND RESEARCH

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

24 For payment of obligations incurred in carrying out 

25 the provisions of 23 U.S.C. 403, section 4011 of the 

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1 FAST Act (Public Law 114–94), and chapter 303 of title 

2 49, United States Code, $149,000,000, to be derived from 

3 the Highway Trust Fund (other than the Mass Transit 

4 Account) and to remain available until expended: Pro5 vided, That none of the funds in this Act shall be available 

6 for the planning or execution of programs the total obliga7 tions for which, in fiscal year 2018, are in excess of 

8 $149,000,000, of which $143,700,000 shall be for pro9 grams authorized under 23 U.S.C. 403 and $5,300,000 

10 shall be for the National Driver Register authorized under 

11 chapter 303 of title 49, United States Code: Provided fur12 ther, That within the $149,000,000 obligation limitation 

13 for operations and research, $20,000,000 shall remain 

14 available until September 30, 2019, and shall be in addi15 tion to the amount of any limitation imposed on obliga16 tions for future years. 

17 HIGHWAY TRAFFIC SAFETY GRANTS

18 (LIQUIDATION OF CONTRACT AUTHORIZATION)

19 (LIMITATION ON OBLIGATIONS)

20 (HIGHWAY TRUST FUND)

21 For payment of obligations incurred in carrying out 

22 provisions of 23 U.S.C. 402, 404, and 405, and section 

23 4001(a)(6) of the Fixing America’s Surface Transpor24 tation Act, to remain available until expended, 

25 $597,629,000, to be derived from the Highway Trust 

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1 Fund (other than the Mass Transit Account): Provided, 

2 That none of the funds in this Act shall be available for 

3 the planning or execution of programs the total obligations 

4 for which, in fiscal year 2018, are in excess of 

5 $597,629,000 for programs authorized under 23 U.S.C. 

6 402, 404, and 405, and section 4001(a)(6) of the Fixing 

7 America’s Surface Transportation Act, of which 

8 $261,200,000 shall be for ‘‘Highway Safety Programs’’ 

9 under 23 U.S.C. 402; $280,200,000 shall be for ‘‘National 

10 Priority Safety Programs’’ under 23 U.S.C. 405; 

11 $29,900,000 shall be for ‘‘High Visibility Enforcement 

12 Program’’ under 23 U.S.C. 404; $26,329,000 shall be for 

13 ‘‘Administrative Expenses’’ under section 4001(a)(6) of 

14 the Fixing America’s Surface Transportation Act: Pro15 vided further, That none of these funds shall be used for 

16 construction, rehabilitation, or remodeling costs, or for of17 fice furnishings and fixtures for State, local or private 

18 buildings or structures: Provided further, That not to ex19 ceed $500,000 of the funds made available for ‘‘National 

20 Priority Safety Programs’’ under 23 U.S.C. 405 for ‘‘Im21 paired Driving Countermeasures’’ (as described in sub22 section (d) of that section) shall be available for technical 

23 assistance to the States: Provided further, That with re24 spect to the ‘‘Transfers’’ provision under 23 U.S.C. 

25 405(a)(8), any amounts transferred to increase the 

March 21, 2018 (6:08 p.m.)
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1 amounts made available under section 402 shall include 

2 the obligation authority for such amounts: Provided fur3 ther, That the Administrator shall notify the House and 

4 Senate Committees on Appropriations of any exercise of 

5 the authority granted under the previous proviso or under 

6 23 U.S.C. 405(a)(8) within 5 days. 

7 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

8 TRAFFIC SAFETY ADMINISTRATION

9 SEC. 140. An additional $130,000 shall be made 

10 available to the National Highway Traffic Safety Adminis11 tration, out of the amount limited for section 402 of title 

12 23, United States Code, to pay for travel and related ex13 penses for State management reviews and to pay for core 

14 competency development training and related expenses for 

15 highway safety staff. 

16 SEC. 141. The limitations on obligations for the pro17 grams of the National Highway Traffic Safety Adminis18 tration set in this Act shall not apply to obligations for 

19 which obligation authority was made available in previous 

20 public laws but only to the extent that the obligation au21 thority has not lapsed or been used. 

22 SEC. 142. None of the funds made available by this 

23 Act may be used to obligate or award funds for the Na24 tional Highway Traffic Safety Administration’s National 

25 Roadside Survey. 

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1 SEC. 143. None of the funds made available by this 

2 Act may be used to mandate global positioning system 

3 (GPS) tracking in private passenger motor vehicles with4 out providing full and appropriate consideration of privacy 

5 concerns under 5 U.S.C. chapter 5, subchapter II. 

6 SEC. 144. In addition to the amounts made available 

7 under the heading, ‘‘Operations and Research (Liquida8 tion of Contract Authorization) (Limitation on Obliga9 tions) (Highway Trust Fund)’’ for carrying out the provi10 sions of section 403 of title 23, United States Code, 

11 $11,500,000, to remain available until September 30, 

12 2019, shall be made available to the National Highway 

13 Traffic Safety Administration from the general fund, of 

14 which not to exceed $5,000,000 shall be available to pro15 vide funding for grants, pilot program activities, and inno16 vative solutions to reduce alcohol-impaired-driving fatali17 ties and other causes of the recent increase in highway 

18 fatalities from impaired driving in collaboration with eligi19 ble entities under section 403 of title 23, United States 

20 Code, and not to exceed $6,500,000 shall be available to 

21 continue a high visibility enforcement paid-media cam22 paign regarding highway-rail grade crossing safety in col23 laboration with the Federal Railroad Administration. 

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1 FEDERAL RAILROAD ADMINISTRATION

2 SAFETY AND OPERATIONS

3 For necessary expenses of the Federal Railroad Ad4 ministration, not otherwise provided for, $221,698,000, of 

5 which $15,900,000 shall remain available until expended, 

6 and of which up to $350,000 shall be available for the 

7 Secretary of Transportation to assist Class II and Class 

8 III railroads in preparing to apply and applying for direct 

9 loans and loan guarantees for eligible projects pursuant 

10 to sections 501 through 504 of the Railroad Revitalization 

11 and Regulatory Reform Act of 1976 (Public Law 94–210) 

12 to also remain available until expended. 

13 RAILROAD RESEARCH AND DEVELOPMENT

14 For necessary expenses for railroad research and de15 velopment, $40,600,000, to remain available until ex16 pended. 

17 RAILROAD REHABILITATION AND IMPROVEMENT

18 FINANCING PROGRAM

19 For the cost of direct loans and loan guarantees pur20 suant to sections 501 through 504 of the Railroad Revital21 ization and Regulatory Reform Act of 1976 (Public Law 

22 94–210), as amended, $25,000,000, to remain available 

23 until expended: Provided, That such costs, including the 

24 cost of modifying such loans, shall be as defined in section 

25 502 of the Congressional Budget Act of 1974, as amendMarch 21, 2018 (6:08 p.m.)
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1 ed: Provided further, That the Secretary of Transportation 

2 is authorized to issue direct loans and loan guarantees 

3 pursuant to sections 501 through 504 of the Railroad Re4 vitalization and Regulatory Reform Act of 1976 (Public 

5 Law 94–210), as amended, such authority shall exist as 

6 long as any such direct loan or loan guarantee is out7 standing: Provided further, That, for direct loans and loan 

8 guarantees issued pursuant to sections 501 through 504 

9 of the Railroad Revitalization and Regulatory Reform Act 

10 of 1976 (Public Law 94–210), as amended, the Secretary, 

11 in consultation with the Director of the Office of Manage12 ment and Budget, not later than 120 days after the date 

13 of enactment of this Act, shall define each cohort as the 

14 loans provided for that fiscal year, creating individual fis15 cal year cohorts for each fiscal year in which a loan was 

16 provided from the date of enactment of Public Law 105– 

17 178 to the date of enactment of Public Law 114–94: Pro18 vided further, That, when all obligations attached to a co19 hort as defined under the previous proviso have been satis20 fied, the Secretary shall repay the credit risk premiums 

21 of loans in the cohort, with interest accrued thereon, not 

22 later than 180 days after the date of enactment of this 

23 Act or, for a cohort with obligations that have not yet been 

24 satisfied, not later than 60 days after the date on which 

25 all obligations attached to the cohort have been satisfied: 

March 21, 2018 (6:08 p.m.)
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1 Provided further, That the Secretary shall not treat the 

2 repayment of a loan after the date of enactment of Public 

3 Law 114–94 as precluding, limiting, or negatively affect4 ing the satisfaction of the obligation of its cohort for a 

5 fiscal year prior to the enactment of Public Law 114–94. 

6 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

7 REPAIR

8 For necessary expenses related to Federal-State 

9 Partnership for State of Good Repair Grants as author10 ized by section 24911 of title 49, United States Code, 

11 $250,000,000, to remain available until expended: Pro12 vided, That the Secretary may withhold up to one percent 

13 of the amount provided under this heading for the costs 

14 of award and project management oversight of grants car15 ried out under section 24911 of title 49, United States 

16 Code: Provided further, That section 24911(e)(1) of title 

17 49, United States Code, is amended by striking ‘‘transpor18 tation’’ and inserting ‘‘transportation at the eligible 

19 project location’’. 

20 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

21 IMPROVEMENTS

22 For necessary expenses related to Consolidated Rail 

23 Infrastructure and Safety Improvements Grants, as au24 thorized by section 24407 of title 49, United States Code, 

25 $592,547,000, to remain available until expended, of 

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1 which $250,000,000 shall be available for eligible projects 

2 under section 24407(c)(1) of title 49, United States Code, 

3 for the implementation of positive train control systems, 

4 and of which $35,547,000 shall be available for eligible 

5 projects under section 24407(c)(2) of title 49, United 

6 States Code, that contribute to the initiation or restora7 tion of intercity passenger rail service: Provided, That the 

8 Secretary shall not preclude projects from consideration 

9 for funding under the previous proviso due to a lack of 

10 agreement among the funding recipients, operator, and 

11 host railroad regarding access to and use of the host rail12 road facilities, if an agreement or order for the use of such 

13 facilities may occur under section 24308 of title 49, 

14 United States Code: Provided further, That section 

15 24405(f) of title 49, United States Code, shall not apply 

16 to projects for the implementation of positive train control 

17 systems otherwise eligible under section 24407(c)(1) of 

18 title 49, United States Code: Provided further, That 

19 amounts available under this heading for projects selected 

20 for commuter rail passenger transportation may be trans21 ferred by the Secretary, after selection, to the appropriate 

22 agencies to be administered in accordance with chapter 53 

23 of title 49, United States Code: Provided further, That the 

24 Secretary shall not limit eligible projects from consider25 ation for funding for planning, engineering, environMarch 21, 2018 (6:08 p.m.)
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1 mental, construction, and design elements of the same 

2 project in the same application: Provided further, That un3 obligated balances remaining after four years from the 

4 date of enactment may be used for any eligible project 

5 under section 24407(c) of title 49, United States Code: 

6 Provided further, That the Secretary may withhold up to 

7 one percent of the amount provided under this heading 

8 for the costs of award and project management oversight 

9 of grants carried out under section 24407 of title 49, 

10 United States Code. 

11 RESTORATION AND ENHANCEMENT

12 For necessary expenses related to Restoration and 

13 Enhancement Grants, as authorized by section 24408 of 

14 title 49, United States Code, $20,000,000, to remain 

15 available until expended: Provided, That the Secretary 

16 may withhold up to one percent of the funds provided 

17 under this heading to fund the costs of award and project 

18 management and oversight. 

19 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

20 RAILROAD PASSENGER CORPORATION

21 To enable the Secretary of Transportation to make 

22 grants to the National Railroad Passenger Corporation for 

23 activities associated with the Northeast Corridor as au24 thorized by section 11101(a) of the Fixing America’s Sur25 face Transportation Act (division A of Public Law 114– 

March 21, 2018 (6:08 p.m.)
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1 94), $650,000,000, to remain available until expended: 

2 Provided, That the Secretary may retain up to one-half 

3 of 1 percent of the funds provided under both this heading 

4 and the ‘‘National Network Grants to the National Rail5 road Passenger Corporation’’ heading to fund the costs 

6 of project management and oversight of activities author7 ized by section 11101(c) of division A of Public Law 114– 

8 94: Provided further, That in addition to the project man9 agement oversight funds authorized under section 

10 11101(c) of division A of Public Law 114–94, the Sec11 retary may retain up to an additional $5,000,000 of the 

12 funds provided under this heading to fund expenses associ13 ated with the Northeast Corridor Commission established 

14 under section 24905 of title 49, United States Code: Pro15 vided further, That of the amounts made available under 

16 this heading and the ‘‘National Network Grants to the Na17 tional Railroad Passenger Corporation’’ heading, not less 

18 than $50,000,000 shall be made available to bring Am19 trak-served facilities and stations into compliance with the 

20 Americans with Disabilities Act. 

21 NATIONAL NETWORK GRANTS TO THE NATIONAL

22 RAILROAD PASSENGER CORPORATION

23 To enable the Secretary of Transportation to make 

24 grants to the National Railroad Passenger Corporation for 

25 activities associated with the National Network as authorMarch 21, 2018 (6:08 p.m.)
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1 ized by section 11101(b) of the Fixing America’s Surface 

2 Transportation Act (division A of Public Law 114–94), 

3 $1,291,600,000, to remain available until expended: Pro4 vided, That the Secretary may retain up to an additional 

5 $2,000,000 of the funds provided under this heading to 

6 fund expenses associated with the State-Supported Route 

7 Committee established under section 24712 of title 49, 

8 United States Code: Provided further, That up to 

9 $5,000,000 of the amount provided under this heading 

10 shall be available for costs associated with any matters 

11 Amtrak may elect to bring before the Surface Transpor12 tation Board related to passenger rail service: Provided 

13 further, That at least $50,000,000 of the amount provided 

14 under this heading shall be available for the development, 

15 installation and operation of railroad safety technology, in16 cluding the implementation of a positive train control sys17 tem, on State-supported routes as defined under section 

18 24102(13) of title 49, United States Code, on which posi19 tive train control systems are not required by law or regu20 lation. 

21 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

22 ADMINISTRATION

23 SEC. 150. None of the funds provided to the National 

24 Railroad Passenger Corporation may be used to fund any 

25 overtime costs in excess of $35,000 for any individual emMarch 21, 2018 (6:08 p.m.)
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1 ployee: Provided, That the President of Amtrak may waive 

2 the cap set in the previous proviso for specific employees 

3 when the President of Amtrak determines such a cap 

4 poses a risk to the safety and operational efficiency of the 

5 system: Provided further, That the President of Amtrak 

6 shall report to the House and Senate Committees on Ap7 propriations each quarter within 30 days of such quarter 

8 of the calendar year on waivers granted to employees and 

9 amounts paid above the cap for each month within such 

10 quarter and delineate the reasons each waiver was grant11 ed: Provided further, That the President of Amtrak shall 

12 report to the House and Senate Committees on Appropria13 tions within 60 days of enactment of this Act, a summary 

14 of all overtime payments incurred by the Corporation for 

15 2017 and the three prior calendar years: Provided further, 

16 That such summary shall include the total number of em17 ployees that received waivers and the total overtime pay18 ments the Corporation paid to those employees receiving 

19 waivers for each month for 2017 and for the three prior 

20 calendar years. 

21 FEDERAL TRANSIT ADMINISTRATION

22 ADMINISTRATIVE EXPENSES

23 For necessary administrative expenses of the Federal 

24 Transit Administration’s programs authorized by chapter 

25 53 of title 49, United States Code, $113,165,000: ProMarch 21, 2018 (6:08 p.m.)
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1 vided, That none of the funds provided or limited in this 

2 Act may be used to create a permanent office of transit 

3 security under this heading: Provided further, That upon 

4 submission to the Congress of the fiscal year 2019 Presi5 dent’s budget, the Secretary of Transportation shall trans6 mit to Congress the annual report on New Starts, includ7 ing proposed allocations for fiscal year 2019. 

8 TRANSIT FORMULA GRANTS

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (LIMITATION ON OBLIGATIONS)

11 (HIGHWAY TRUST FUND)

12 For payment of obligations incurred in the Federal 

13 Public Transportation Assistance Program in this ac14 count, and for payment of obligations incurred in carrying 

15 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 

16 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 

17 5340, as amended by the Fixing America’s Surface Trans18 portation Act, and section 20005(b) of Public Law 112– 

19 141, and section 3006(b) of the Fixing America’s Surface 

20 Transportation Act, $10,300,000,000, to be derived from 

21 the Mass Transit Account of the Highway Trust Fund 

22 and to remain available until expended: Provided, That 

23 funds available for the implementation or execution of pro24 grams authorized under 49 U.S.C. 5305, 5307, 5310, 

25 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, 

March 21, 2018 (6:08 p.m.)
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1 and 5340, as amended by the Fixing America’s Surface 

2 Transportation Act, and section 20005(b) of Public Law 

3 112–141, and section 3006(b) of the Fixing America’s 

4 Surface Transportation Act, shall not exceed total obliga5 tions of $9,733,353,407 in fiscal year 2018: Provided fur6 ther, That the Federal share of the cost of activities car7 ried out under section 5312 shall not exceed 80 percent, 

8 except that if there is substantial public interest or benefit, 

9 the Secretary may approve a greater Federal share. 

10 TRANSIT INFRASTRUCTURE GRANTS

11 For an additional amount for buses and bus facilities 

12 grants under section 5339 of title 49, United States Code, 

13 state of good repair grants under section 5337 of such 

14 title, high density state apportionments under section 

15 5340(d) of such title, and the bus testing facilities under 

16 sections 5312 and 5318 of such title, $834,000,000 to re17 main available until expended: Provided, That 

18 $400,000,000 shall be available for grants as authorized 

19 under section 5339 of such title, of which $209,104,000 

20 shall be available for the buses and bus facilities formula 

21 grants as authorized under section 5339(a) of such title, 

22 $161,446,000 shall be available for the buses and bus fa23 cilities competitive grants as authorized under section 

24 5339(b) of such title, and $29,450,000 shall be available 

25 for the low or no emission grants as authorized under secMarch 21, 2018 (6:08 p.m.)
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1 tion 5339(c) of such title: Provided further, That 

2 $400,000,000 shall be available for the state of good re3 pair grants as authorized under section 5337 of such title: 

4 Provided further, That $30,000,000 shall be available for 

5 the high density state apportionments as authorized under 

6 section 5340(d) of such title: Provided further, That 

7 $2,000,000 shall be available for the bus testing facility 

8 as authorized under section 5318 of such title: Provided 

9 further, That notwithstanding section 5318(a) of such 

10 title, $2,000,000 shall be available for the operation and 

11 maintenance of bus testing facilities by institutions of 

12 higher education selected pursuant to section 5312(h) of 

13 such title: Provided further, That the Secretary shall enter 

14 into a contract or cooperative agreement with, or make 

15 a grant to, each institution of higher education selected 

16 pursuant to section 5312(h) of such title, to operate and 

17 maintain a facility to conduct the testing of low or no 

18 emission vehicle new bus models using the standards es19 tablished pursuant to section 5318(e)(2) of such title: Pro20 vided further, That the term ‘‘low or no emission vehicle’’ 

21 has the meaning given the term in section 5312(e)(6) of 

22 such title: Provided further, That the Secretary shall pay 

23 80 percent of the cost of testing a low or no emission vehi24 cle new bus model at each selected institution of higher 

25 education: Provided further, That the entity having the veMarch 21, 2018 (6:08 p.m.)
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1 hicle tested shall pay 20 percent of the cost of testing: 

2 Provided further, That a low or no emission vehicle new 

3 bus model tested that receives a passing aggregate test 

4 score in accordance with the standards established under 

5 section 5318(e)(2) of such title, shall be deemed to be in 

6 compliance with the requirements of section 5318(e) of 

7 such title: Provided further, That amounts made available 

8 by this heading shall be derived from the general fund: 

9 Provided further, That the amounts made available under 

10 this heading shall not be subject to any limitation on obli11 gations for transit programs set forth in any Act. 

12 TECHNICAL ASSISTANCE AND TRAINING

13 For necessary expenses to carry out 49 U.S.C. 5314, 

14 $5,000,000. 

15 CAPITAL INVESTMENT GRANTS

16 For necessary expenses to carry out fixed guideway 

17 capital investment grants under section 5309 of title 49, 

18 United States Code, $2,644,960,000 to remain available 

19 until September 30, 2021: Provided, That of the amounts 

20 made available under this heading, $2,252,508,586 shall 

21 be obligated by December 31, 2019: Provided further, 

22 That $5,050,000 from unobligated amounts appropriated 

23 for the buses and bus facilities program under section 

24 5309 of such title from fiscal years 2000 to 2005 shall 

25 remain available until September 30, 2021 to carry out 

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1 section 5309: Provided further, That of the amounts made 

2 available under this heading, $1,506,910,000 shall be 

3 available for projects authorized under section 5309(d) of 

4 such title, $715,700,000 shall be available for projects au5 thorized under section 5309(e) of such title, $400,900,000 

6 shall be available for projects authorized under section 

7 5309(h) of such title: Provided further, That the Secretary 

8 shall continue to administer the capital investment grant 

9 program in accordance with the procedural and sub10 stantive requirements of section 5309 of such title. 

11 GRANTS TO THE WASHINGTON METROPOLITAN AREA

12 TRANSIT AUTHORITY

13 For grants to the Washington Metropolitan Area 

14 Transit Authority as authorized under section 601 of divi15 sion B of Public Law 110–432, $150,000,000, to remain 

16 available until expended: Provided, That the Secretary of 

17 Transportation shall approve grants for capital and pre18 ventive maintenance expenditures for the Washington 

19 Metropolitan Area Transit Authority only after receiving 

20 and reviewing a request for each specific project: Provided 

21 further, That prior to approving such grants, the Secretary 

22 shall certify that the Washington Metropolitan Area Tran23 sit Authority is making progress to improve its safety 

24 management system in response to the Federal Transit 

25 Administration’s 2015 safety management inspection: 

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1 Provided further, That the Secretary shall determine that 

2 the Washington Metropolitan Area Transit Authority has 

3 placed the highest priority on those investments that will 

4 improve the safety of the system before approving such 

5 grants: Provided further, That the Secretary, in order to 

6 ensure safety throughout the rail system, may waive the 

7 requirements of section 601(e)(1) of division B of Public 

8 Law 110–432. 

9 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

10 ADMINISTRATION

11 SEC. 160. The limitations on obligations for the pro12 grams of the Federal Transit Administration shall not 

13 apply to any authority under 49 U.S.C. 5338, previously 

14 made available for obligation, or to any other authority 

15 previously made available for obligation. 

16 SEC. 161. Notwithstanding any other provision of 

17 law, any funds appropriated before October 1, 2017, under 

18 any section of chapter 53 of title 49, United States Code, 

19 that remain available for expenditure, may be transferred 

20 to and administered under the most recent appropriation 

21 heading for any such section. 

22 SEC. 162. (a) Except as provided in subsection (b), 

23 none of the funds in this or any other Act may be available 

24 to advance in any way a new light or heavy rail project 

25 towards a full funding grant agreement as defined by 49 

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1 U.S.C. 5309 for the Metropolitan Transit Authority of 

2 Harris County, Texas if the proposed capital project is 

3 constructed on or planned to be constructed on Richmond 

4 Avenue west of South Shepherd Drive or on Post Oak 

5 Boulevard north of Richmond Avenue in Houston, Texas. 

6 (b) The Metropolitan Transit Authority of Harris 

7 County, Texas, may attempt to construct or construct a 

8 new fixed guideway capital project, including light rail, in 

9 the locations referred to in subsection (a) if— 

10 (1) voters in the jurisdiction that includes such 

11 locations approve a ballot proposition that specifies 

12 routes on Richmond Avenue west of South Shepherd 

13 Drive or on Post Oak Boulevard north of Richmond 

14 Avenue in Houston, Texas; and 

15 (2) the proposed construction of such routes is 

16 part of a comprehensive, multi-modal, service-area 

17 wide transportation plan that includes multiple addi18 tional segments of fixed guideway capital projects, 

19 including light rail for the jurisdiction set forth in 

20 the ballot proposition. The ballot language shall in21 clude reasonable cost estimates, sources of revenue 

22 to be used and the total amount of bonded indebted23 ness to be incurred as well as a description of each 

24 route and the beginning and end point of each pro25 posed transit project. 

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1 SEC. 163. Notwithstanding any other provision of 

2 law, none of the funds made available in this Act shall 

3 be used to enter into a full funding grant agreement for 

4 a project with a New Starts share greater than 51 percent. 

5 SAINT LAWRENCE SEAWAY DEVELOPMENT

6 CORPORATION

7 The Saint Lawrence Seaway Development Corpora8 tion is hereby authorized to make such expenditures, with9 in the limits of funds and borrowing authority available 

10 to the Corporation, and in accord with law, and to make 

11 such contracts and commitments without regard to fiscal 

12 year limitations, as provided by section 104 of the Govern13 ment Corporation Control Act, as amended, as may be 

14 necessary in carrying out the programs set forth in the 

15 Corporation’s budget for the current fiscal year. 

16 OPERATIONS AND MAINTENANCE

17 (HARBOR MAINTENANCE TRUST FUND)

18 For necessary expenses to conduct the operations, 

19 maintenance, and capital asset renewal activities of those 

20 portions of the St. Lawrence Seaway owned, operated, and 

21 maintained by the Saint Lawrence Seaway Development 

22 Corporation, $40,000,000, to be derived from the Harbor 

23 Maintenance Trust Fund, pursuant to Public Law 99– 

24 662: Provided, That of the amounts made available under 

25 this heading, not less than $19,500,000 shall be used on 

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1 asset renewal activities and shall remain available through 

2 September 30, 2020. 

3 MARITIME ADMINISTRATION

4 MARITIME SECURITY PROGRAM

5 For necessary expenses to maintain and preserve a 

6 U.S.-flag merchant fleet to serve the national security 

7 needs of the United States, $300,000,000, to remain avail8 able until expended. 

9 OPERATIONS AND TRAINING

10 For necessary expenses of operations and training ac11 tivities authorized by law, $513,642,000, of which 

12 $22,000,000 shall remain available until expended for 

13 maintenance and repair of training ships at State Mari14 time Academies, and of which $300,000,000 shall remain 

15 available until expended for the National Security Multi16 Mission Vessel Program, including funds for construction, 

17 planning, administration, and design of school ships in ac18 cordance with section 3505 of Public Law 114–328, as 

19 applicable, with unobligated balances from previous appro20 priations for the National Security Multi-Mission Vessel 

21 Program also available for and merged into this appro22 priation; and of which $2,400,000 shall remain available 

23 through September 30, 2019, for the Student Incentive 

24 Program at State Maritime Academies, and of which 

25 $1,800,000 shall remain available until expended for 

March 21, 2018 (6:08 p.m.)
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1 training ship fuel assistance payments, and of which 

2 $52,000,000 shall remain available until expended for fa3 cilities maintenance and repair, equipment, and capital 

4 improvements at the United States Merchant Marine 

5 Academy, and of which $3,000,000 shall remain available 

6 through September 30, 2019, for Maritime Environment 

7 and Technology Assistance program authorized under sec8 tion 50307 of title 46, United States Code, and of which 

9 $7,000,000 shall remain available until expended for the 

10 Short Sea Transportation Program (America’s Marine 

11 Highways) to make grants for the purposes authorized 

12 under sections 55601(b)(1) and (3) of title 46, United 

13 States Code: Provided, That not later than January 12, 

14 2019, the Administrator of the Maritime Administration 

15 shall transmit to the House and Senate Committees on 

16 Appropriations the annual report on sexual assault and 

17 sexual harassment at the United States Merchant Marine 

18 Academy as required pursuant to section 3507 of Public 

19 Law 110–417. 

20 ASSISTANCE TO SMALL SHIPYARDS

21 To make grants to qualified shipyards as authorized 

22 under section 54101 of title 46, United States Code, as 

23 amended by Public Law 113–281, $20,000,000 to remain 

24 available until expended. 

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1 SHIP DISPOSAL

2 For necessary expenses related to the disposal of ob3 solete vessels in the National Defense Reserve Fleet of the 

4 Maritime Administration, $116,000,000, to remain avail5 able until expended. 

6 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

7 ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

9 For the cost of guaranteed loans, $30,000,000, of 

10 which $27,000,000 shall remain available until expended: 

11 Provided, That such costs, including the costs of modi12 fying such loans, shall be defined in section 502 of the 

13 Congressional Budget Act of 1974, as amended: Provided 

14 further, That not to exceed $3,000,000 shall be for admin15 istrative expenses to carry out the guaranteed loan pro16 gram, which shall be transferred to and merged with the 

17 appropriations for ‘‘Operations and Training’’, Maritime 

18 Administration. 

19 ADMINISTRATIVE PROVISIONS—MARITIME

20 ADMINISTRATION

21 SEC. 170. Notwithstanding any other provision of 

22 this Act, in addition to any existing authority, the Mari23 time Administration is authorized to furnish utilities and 

24 services and make necessary repairs in connection with 

25 any lease, contract, or occupancy involving Government 

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1 property under control of the Maritime Administration: 

2 Provided, That payments received therefor shall be cred3 ited to the appropriation charged with the cost thereof and 

4 shall remain available until expended: Provided further, 

5 That rental payments under any such lease, contract, or 

6 occupancy for items other than such utilities, services, or 

7 repairs shall be covered into the Treasury as miscellaneous 

8 receipts. 

9 SEC. 171. None of the funds available or appro10 priated in this Act shall be used by the United States De11 partment of Transportation or the United States Maritime 

12 Administration to negotiate or otherwise execute, enter 

13 into, facilitate or perform fee-for-service contracts for ves14 sel disposal, scrapping or recycling, unless there is no 

15 qualified domestic ship recycler that will pay any sum of 

16 money to purchase and scrap or recycle a vessel owned, 

17 operated or managed by the Maritime Administration or 

18 that is part of the National Defense Reserve Fleet: Pro19 vided, That such sales offers must be consistent with the 

20 solicitation and provide that the work will be performed 

21 in a timely manner at a facility qualified within the mean22 ing of section 3502 of Public Law 106–398: Provided fur23 ther, That nothing contained herein shall affect the Mari24 time Administration’s authority to award contracts at 

25 least cost to the Federal Government and consistent with 

March 21, 2018 (6:08 p.m.)
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1 the requirements of 54 U.S.C. 308704, section 3502, or 

2 otherwise authorized under the Federal Acquisition Regu3 lation. 

4 PIPELINE AND HAZARDOUS MATERIALS SAFETY

5 ADMINISTRATION

6 OPERATIONAL EXPENSES

7 For necessary operational expenses of the Pipeline 

8 and Hazardous Materials Safety Administration, 

9 $23,000,000: Provided, That the Secretary of Transpor10 tation shall issue a final rule to expand the applicability 

11 of comprehensive oil spill response plans within 5 days of 

12 enactment of this Act. 

13 HAZARDOUS MATERIALS SAFETY

14 For expenses necessary to discharge the hazardous 

15 materials safety functions of the Pipeline and Hazardous 

16 Materials Safety Administration, $59,000,000, of which 

17 $7,570,000 shall remain available until September 30, 

18 2020: Provided, That up to $800,000 in fees collected 

19 under 49 U.S.C. 5108(g) shall be deposited in the general 

20 fund of the Treasury as offsetting receipts: Provided fur21 ther, That there may be credited to this appropriation, to 

22 be available until expended, funds received from States, 

23 counties, municipalities, other public authorities, and pri24 vate sources for expenses incurred for training, for reports 

25 publication and dissemination, and for travel expenses inMarch 21, 2018 (6:08 p.m.)
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1 curred in performance of hazardous materials exemptions 

2 and approvals functions. 

3 PIPELINE SAFETY

4 (PIPELINE SAFETY FUND)

5 (OIL SPILL LIABILITY TRUST FUND)

6 For expenses necessary to conduct the functions of 

7 the pipeline safety program, for grants-in-aid to carry out 

8 a pipeline safety program, as authorized by 49 U.S.C. 

9 60107, and to discharge the pipeline program responsibil10 ities of the Oil Pollution Act of 1990, $162,000,000, of 

11 which $23,000,000 shall be derived from the Oil Spill Li12 ability Trust Fund and shall remain available until Sep13 tember 30, 2020; and of which $131,000,000 shall be de14 rived from the Pipeline Safety Fund, of which 

15 $64,736,000 shall remain available until September 30, 

16 2020; and of which $8,000,000 shall be derived from fees 

17 collected under 49 U.S.C. 60302 and deposited in the Un18 derground Natural Gas Storage Facility Safety Account 

19 for the purpose of carrying out 49 U.S.C. 60141 and shall 

20 remain available until September 30, 2020: Provided, 

21 That not less than $1,058,000 of the funds provided under 

22 this heading shall be for the One-Call State grant pro23 gram. 

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1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

3 Notwithstanding the fiscal year limitation specified in 

4 49 U.S.C. 5116, not more than $28,318,000 shall be made 

5 available for obligation in fiscal year 2018 from amounts 

6 made available by 49 U.S.C. 5116(h), and 5128(b) and 

7 (c): Provided, That notwithstanding 49 U.S.C. 

8 5116(h)(4), not more than 4 percent of the amounts made 

9 available from this account shall be available to pay ad10 ministrative costs: Provided further, That none of the 

11 funds made available by 49 U.S.C. 5116(h), 5128(b), or 

12 5128(c) shall be made available for obligation by individ13 uals other than the Secretary of Transportation, or his 

14 or her designee. 

15 OFFICE OF INSPECTOR GENERAL

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of the Inspector 

18 General to carry out the provisions of the Inspector Gen19 eral Act of 1978, as amended, $92,152,000: Provided, 

20 That the Inspector General shall have all necessary au21 thority, in carrying out the duties specified in the Inspec22 tor General Act, as amended (5 U.S.C. App. 3), to inves23 tigate allegations of fraud, including false statements to 

24 the government (18 U.S.C. 1001), by any person or entity 

25 that is subject to regulation by the Department of TransMarch 21, 2018 (6:08 p.m.)
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1 portation: Provided further, That the funds made available 

2 under this heading may be used to investigate, pursuant 

3 to section 41712 of title 49, United States Code: (1) un4 fair or deceptive practices and unfair methods of competi5 tion by domestic and foreign air carriers and ticket agents; 

6 and (2) the compliance of domestic and foreign air carriers 

7 with respect to item (1) of this proviso. 

8 GENERAL PROVISIONS—DEPARTMENT OF

9 TRANSPORTATION

10 SEC. 180. (a) During the current fiscal year, applica11 ble appropriations to the Department of Transportation 

12 shall be available for maintenance and operation of air13 craft; hire of passenger motor vehicles and aircraft; pur14 chase of liability insurance for motor vehicles operating 

15 in foreign countries on official department business; and 

16 uniforms or allowances therefor, as authorized by law (5 

17 U.S.C. 5901–5902). 

18 (b) During the current fiscal year, applicable appro19 priations to the Department and its operating administra20 tions shall be available for the purchase, maintenance, op21 eration, and deployment of unmanned aircraft systems 

22 that advance the Department’s, or its operating adminis23 trations’, missions. 

March 21, 2018 (6:08 p.m.)
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1 (c) Any unmanned aircraft system purchased or pro2 cured by the Department prior to the enactment of this 

3 Act shall be deemed authorized. 

4 SEC. 181. Appropriations contained in this Act for 

5 the Department of Transportation shall be available for 

6 services as authorized by 5 U.S.C. 3109, but at rates for 

7 individuals not to exceed the per diem rate equivalent to 

8 the rate for an Executive Level IV. 

9 SEC. 182. (a) No recipient of funds made available 

10 in this Act shall disseminate personal information (as de11 fined in 18 U.S.C. 2725(3)) obtained by a State depart12 ment of motor vehicles in connection with a motor vehicle 

13 record as defined in 18 U.S.C. 2725(1), except as provided 

14 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 

15 2721. 

16 (b) Notwithstanding subsection (a), the Secretary 

17 shall not withhold funds provided in this Act for any 

18 grantee if a State is in noncompliance with this provision. 

19 SEC. 183. None of the funds in this Act shall be avail20 able for salaries and expenses of more than 110 political 

21 and Presidential appointees in the Department of Trans22 portation: Provided, That none of the personnel covered 

23 by this provision may be assigned on temporary detail out24 side the Department of Transportation. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 184. Funds received by the Federal Highway 

2 Administration and Federal Railroad Administration from 

3 States, counties, municipalities, other public authorities, 

4 and private sources for expenses incurred for training may 

5 be credited respectively to the Federal Highway Adminis6 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed7 eral Railroad Administration’s ‘‘Safety and Operations’’ 

8 account, except for State rail safety inspectors partici9 pating in training pursuant to 49 U.S.C. 20105. 

10 SEC. 185. (a) None of the funds provided in this Act 

11 to the Department of Transportation may be used to make 

12 a loan, loan guarantee, line of credit, or discretionary 

13 grant unless the Secretary of Transportation notifies the 

14 House and Senate Committees on Appropriations not less 

15 than 3 full business days before any project competitively 

16 selected to receive any discretionary grant award, letter 

17 of intent, loan commitment, loan guarantee commitment, 

18 line of credit commitment, or full funding grant agreement 

19 is announced by the Department or its modal administra20 tions: Provided, That the Secretary gives concurrent noti21 fication to the House and Senate Committees on Appro22 priations for any ‘‘quick release’’ of funds from the emer23 gency relief program: Provided further, That no notifica24 tion shall involve funds that are not available for obliga25 tion. 

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1 (b) In addition to the notification required in sub2 section (a), none of the funds made available in this Act 

3 to the Department of Transportation may be used to make 

4 a loan, loan guarantee, line of credit, cooperative agree5 ment or discretionary grant unless the Secretary of Trans6 portation provides the House and Senate Committees on 

7 Appropriations a comprehensive list of all such loans, loan 

8 guarantees, lines of credit, cooperative agreement or dis9 cretionary grants that will be announced not less the 3 

10 full business days before such announcement: Provided, 

11 That the requirement to provide a list in this subsection 

12 does not apply to any ‘‘quick release’’ of funds from the 

13 emergency relief program: Provided further, That no list 

14 shall involve funds that are not available for obligation. 

15 SEC. 186. Rebates, refunds, incentive payments, 

16 minor fees and other funds received by the Department 

17 of Transportation from travel management centers, 

18 charge card programs, the subleasing of building space, 

19 and miscellaneous sources are to be credited to appropria20 tions of the Department of Transportation and allocated 

21 to elements of the Department of Transportation using 

22 fair and equitable criteria and such funds shall be avail23 able until expended. 

24 SEC. 187. Amounts made available in this or any 

25 prior Act that the Secretary determines represent imMarch 21, 2018 (6:08 p.m.)
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1 proper payments by the Department of Transportation to 

2 a third-party contractor under a financial assistance 

3 award, which are recovered pursuant to law, shall be avail4 able— 

5 (1) to reimburse the actual expenses incurred 

6 by the Department of Transportation in recovering 

7 improper payments: Provided, That amounts made 

8 available in this Act shall be available until ex9 pended; and 

10 (2) to pay contractors for services provided in 

11 recovering improper payments or contractor support 

12 in the implementation of the Improper Payments In13 formation Act of 2002: Provided, That amounts in 

14 excess of that required for paragraphs (1) and (2)— 

15 (A) shall be credited to and merged with 

16 the appropriation from which the improper pay17 ments were made, and shall be available for the 

18 purposes and period for which such appropria19 tions are available: Provided further, That 

20 where specific project or accounting information 

21 associated with the improper payment or pay22 ments is not readily available, the Secretary 

23 may credit an appropriate account, which shall 

24 be available for the purposes and period associ25 ated with the account so credited; or 

March 21, 2018 (6:08 p.m.)
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1 (B) if no such appropriation remains avail2 able, shall be deposited in the Treasury as mis3 cellaneous receipts: Provided further, That prior 

4 to the transfer of any such recovery to an ap5 propriations account, the Secretary shall notify 

6 the House and Senate Committees on Appro7 priations of the amount and reasons for such 

8 transfer: Provided further, That for purposes of 

9 this section, the term ‘‘improper payments’’ has 

10 the same meaning as that provided in section 

11 2(d)(2) of Public Law 107–300. 

12 SEC. 188. Notwithstanding any other provision of 

13 law, if any funds provided in or limited by this Act are 

14 subject to a reprogramming action that requires notice to 

15 be provided to the House and Senate Committees on Ap16 propriations, transmission of said reprogramming notice 

17 shall be provided solely to the House and Senate Commit18 tees on Appropriations, and said reprogramming action 

19 shall be approved or denied solely by the House and Sen20 ate Committees on Appropriations: Provided, That the 

21 Secretary of Transportation may provide notice to other 

22 congressional committees of the action of the House and 

23 Senate Committees on Appropriations on such reprogram24 ming but not sooner than 30 days following the date on 

25 which the reprogramming action has been approved or deMarch 21, 2018 (6:08 p.m.)
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1 nied by the House and Senate Committees on Appropria2 tions. 

3 SEC. 189. Funds appropriated in this Act to the 

4 modal administrations may be obligated for the Office of 

5 the Secretary for the costs related to assessments or reim6 bursable agreements only when such amounts are for the 

7 costs of goods and services that are purchased to provide 

8 a direct benefit to the applicable modal administration or 

9 administrations. 

10 SEC. 190. The Secretary of Transportation is author11 ized to carry out a program that establishes uniform 

12 standards for developing and supporting agency transit 

13 pass and transit benefits authorized under section 7905 

14 of title 5, United States Code, including distribution of 

15 transit benefits by various paper and electronic media. 

16 SEC. 191. The Department of Transportation may 

17 use funds provided by this Act, or any other Act, to assist 

18 a contract under title 49 U.S.C. or title 23 U.S.C. utilizing 

19 geographic, economic, or any other hiring preference not 

20 otherwise authorized by law, or to amend a rule, regula21 tion, policy or other measure that forbids a recipient of 

22 a Federal Highway Administration or Federal Transit Ad23 ministration grant from imposing such hiring preference 

24 on a contract or construction project with which the DeMarch 21, 2018 (6:08 p.m.)
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1 partment of Transportation is assisting, only if the grant 

2 recipient certifies the following: 

3 (1) that except with respect to apprentices or 

4 trainees, a pool of readily available but unemployed 

5 individuals possessing the knowledge, skill, and abil6 ity to perform the work that the contract requires 

7 resides in the jurisdiction; 

8 (2) that the grant recipient will include appro9 priate provisions in its bid document ensuring that 

10 the contractor does not displace any of its existing 

11 employees in order to satisfy such hiring preference; 

12 and 

13 (3) that any increase in the cost of labor, train14 ing, or delays resulting from the use of such hiring 

15 preference does not delay or displace any transpor16 tation project in the applicable Statewide Transpor17 tation Improvement Program or Transportation Im18 provement Program. 

19 This title may be cited as the ‘‘Department of Trans20 portation Appropriations Act, 2018’’. 

March 21, 2018 (6:08 p.m.)
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1 TITLE II 

2 DEPARTMENT OF HOUSING AND URBAN 

3 DEVELOPMENT 

4 MANAGEMENT AND ADMINISTRATION

5 EXECUTIVE OFFICES

6 For necessary salaries and expenses for Executive Of7 fices, which shall be comprised of the offices of the Sec8 retary, Deputy Secretary, Adjudicatory Services, Congres9 sional and Intergovernmental Relations, Public Affairs, 

10 Small and Disadvantaged Business Utilization, and the 

11 Center for Faith-Based and Neighborhood Partnerships, 

12 $14,708,000: Provided, That not to exceed $19,876 of the 

13 amount made available under this heading shall be avail14 able to the Secretary for official reception and representa15 tion expenses as the Secretary may determine. 

16 ADMINISTRATIVE SUPPORT OFFICES

17 For necessary salaries and expenses for Administra18 tive Support Offices, $518,303,000, of which $52,200,000 

19 shall be available for the Office of the Chief Financial Offi20 cer; $95,400,000 shall be available for the Office of the 

21 General Counsel; $204,253,000 shall be available for the 

22 Office of Administration; $39,300,000 shall be available 

23 for the Office of the Chief Human Capital Officer; 

24 $53,500,000 shall be available for the Office of Field Pol25 icy and Management; $19,500,000 shall be available for 

March 21, 2018 (6:08 p.m.)
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1 the Office of the Chief Procurement Officer; $3,800,000 

2 shall be available for the Office of Departmental Equal 

3 Employment Opportunity; $4,950,000 shall be available 

4 for the Office of Strategic Planning and Management; and 

5 $45,400,000 shall be available for the Office of the Chief 

6 Information Officer: Provided, That funds provided under 

7 this heading may be used for necessary administrative and 

8 non-administrative expenses of the Department of Hous9 ing and Urban Development, not otherwise provided for, 

10 including purchase of uniforms, or allowances therefor, as 

11 authorized by 5 U.S.C. 5901–5902; hire of passenger 

12 motor vehicles; and services as authorized by 5 U.S.C. 

13 3109: Provided further, That notwithstanding any other 

14 provision of law, funds appropriated under this heading 

15 may be used for advertising and promotional activities 

16 that directly support program activities funded in this 

17 title: Provided further, That the Secretary shall provide the 

18 House and Senate Committees on Appropriations quar19 terly written notification regarding the status of pending 

20 congressional reports: Provided further, That the Sec21 retary shall provide in electronic form all signed reports 

22 required by Congress: Provided further, That within 30 

23 days of enactment of this Act, the Secretary shall submit 

24 to the House and Senate Committees on Appropriations 

25 organization charts reflecting the Department’s and each 

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1 office’s structure (to the branch level) on October 1, 2017 

2 and on the date of enactment of this Act. 

3 PROGRAM OFFICE SALARIES AND EXPENSES

4 PUBLIC AND INDIAN HOUSING

5 For necessary salaries and expenses of the Office of 

6 Public and Indian Housing, $216,633,000. 

7 COMMUNITY PLANNING AND DEVELOPMENT

8 For necessary salaries and expenses of the Office of 

9 Community Planning and Development, $107,554,000. 

10 HOUSING

11 For necessary salaries and expenses of the Office of 

12 Housing, $383,000,000. 

13 POLICY DEVELOPMENT AND RESEARCH

14 For necessary salaries and expenses of the Office of 

15 Policy Development and Research, $24,065,000. 

16 FAIR HOUSING AND EQUAL OPPORTUNITY

17 For necessary salaries and expenses of the Office of 

18 Fair Housing and Equal Opportunity, $69,808,000. 

19 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

20 HOMES

21 For necessary salaries and expenses of the Office of 

22 Lead Hazard Control and Healthy Homes, $7,600,000. 

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1 WORKING CAPITAL FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the working capital fund for the Department of 

4 Housing and Urban Development (referred to in this para5 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 

6 of the Department of Housing and Urban Development 

7 Act (42 U.S.C. 3535(f)), amounts transferred to the Fund 

8 under this heading shall be available for Federal shared 

9 services used by offices and agencies of the Department, 

10 and for such portion of any office or agency’s printing, 

11 records management, space renovation, furniture, or sup12 ply services as the Secretary determines shall be derived 

13 from centralized sources made available by the Depart14 ment to all offices and agencies and funded through the 

15 Fund: Provided, That of the amounts made available in 

16 this title for salaries and expenses under the headings 

17 ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, 

18 ‘‘Program Office Salaries and Expenses’’, and ‘‘Govern19 ment National Mortgage Association’’, the Secretary shall 

20 transfer to the Fund such amounts, to remain available 

21 until expended, as are necessary to fund services, specified 

22 in the matter preceding the first proviso, for which the 

23 appropriation would otherwise have been available, and 

24 may transfer not to exceed an additional $5,000,000, in 

25 aggregate, from all such appropriations, to be merged with 

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1 the Fund and to remain available until expended for use 

2 for any office or agency: Provided further, That amounts 

3 in the Fund shall be the only amounts available to each 

4 office or agency of the Department for the services, or por5 tion of services, specified in the matter preceding the first 

6 proviso: Provided further, That with respect to the Fund, 

7 the authorities and conditions under this heading shall 

8 supplement the authorities and conditions provided under 

9 section 7(f). 

10 PUBLIC AND INDIAN HOUSING

11 TENANT-BASED RENTAL ASSISTANCE

12 For activities and assistance for the provision of ten13 ant-based rental assistance authorized under the United 

14 States Housing Act of 1937, as amended (42 U.S.C. 1437 

15 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

16 $18,015,000,000, to remain available until expended, shall 

17 be available on October 1, 2017 (in addition to the 

18 $4,000,000,000 previously appropriated under this head19 ing that shall be available on October 1, 2017), and 

20 $4,000,000,000, to remain available until expended, shall 

21 be available on October 1, 2018: Provided, That the 

22 amounts made available under this heading are provided 

23 as follows: 

24 (1) $19,600,000,000 shall be available for re25 newals of expiring section 8 tenant-based annual 

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1 contributions contracts (including renewals of en2 hanced vouchers under any provision of law author3 izing such assistance under section 8(t) of the Act) 

4 and including renewal of other special purpose incre5 mental vouchers: Provided, That notwithstanding 

6 any other provision of law, from amounts provided 

7 under this paragraph and any carryover, the Sec8 retary for the calendar year 2018 funding cycle shall 

9 provide renewal funding for each public housing 

10 agency based on validated voucher management sys11 tem (VMS) leasing and cost data for the prior cal12 endar year and by applying an inflation factor as es13 tablished by the Secretary, by notice published in 

14 the Federal Register, and by making any necessary 

15 adjustments for the costs associated with the first16 time renewal of vouchers under this paragraph in17 cluding tenant protection, HOPE VI, and Choice 

18 Neighborhoods vouchers: Provided further, That 

19 none of the funds provided under this paragraph 

20 may be used to fund a total number of unit months 

21 under lease which exceeds a public housing agency’s 

22 authorized level of units under contract, except for 

23 public housing agencies participating in the MTW 

24 demonstration, which are instead governed by the 

25 terms and conditions of their MTW agreements: 

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1 Provided further, That the Secretary shall, to the ex2 tent necessary to stay within the amount specified 

3 under this paragraph (except as otherwise modified 

4 under this paragraph), prorate each public housing 

5 agency’s allocation otherwise established pursuant to 

6 this paragraph: Provided further, That except as 

7 provided in the following provisos, the entire amount 

8 specified under this paragraph (except as otherwise 

9 modified under this paragraph) shall be obligated to 

10 the public housing agencies based on the allocation 

11 and pro rata method described above, and the Sec12 retary shall notify public housing agencies of their 

13 annual budget by the latter of 60 days after enact14 ment of this Act or March 1, 2018: Provided further, 

15 That the Secretary may extend the notification pe16 riod with the prior written approval of the House 

17 and Senate Committees on Appropriations: Provided 

18 further, That public housing agencies participating 

19 in the MTW demonstration shall be funded pursuant 

20 to their MTW agreements and shall be subject to 

21 the same pro rata adjustments under the previous 

22 provisos: Provided further, That the Secretary may 

23 offset public housing agencies’ calendar year 2018 

24 allocations based on the excess amounts of public 

25 housing agencies’ net restricted assets accounts, inMarch 21, 2018 (6:08 p.m.)
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1 cluding HUD-held programmatic reserves (in ac2 cordance with VMS data in calendar year 2017 that 

3 is verifiable and complete), as determined by the 

4 Secretary: Provided further, That public housing 

5 agencies participating in the MTW demonstration 

6 shall also be subject to the offset, as determined by 

7 the Secretary, excluding amounts subject to the sin8 gle fund budget authority provisions of their MTW 

9 agreements, from the agencies’ calendar year 2018 

10 MTW funding allocation: Provided further, That the 

11 Secretary shall use any offset referred to in the pre12 vious two provisos throughout the calendar year to 

13 prevent the termination of rental assistance for fam14 ilies as the result of insufficient funding, as deter15 mined by the Secretary, and to avoid or reduce the 

16 proration of renewal funding allocations: Provided 

17 further, That up to $75,000,000 shall be available 

18 only: (1) for adjustments in the allocations for public 

19 housing agencies, after application for an adjust20 ment by a public housing agency that experienced a 

21 significant increase, as determined by the Secretary, 

22 in renewal costs of vouchers resulting from unfore23 seen circumstances or from portability under section 

24 8(r) of the Act; (2) for vouchers that were not in use 

25 during the previous 12-month period in order to be 

March 21, 2018 (6:08 p.m.)
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1 available to meet a commitment pursuant to section 

2 8(o)(13) of the Act; (3) for adjustments for costs as3 sociated with HUD-Veterans Affairs Supportive 

4 Housing (HUD–VASH) vouchers; and (4) for public 

5 housing agencies that despite taking reasonable cost 

6 savings measures, as determined by the Secretary, 

7 would otherwise be required to terminate rental as8 sistance for families as a result of insufficient fund9 ing: Provided further, That the Secretary shall allo10 cate amounts under the previous proviso based on 

11 need, as determined by the Secretary; 

12 (2) $85,000,000 shall be for section 8 rental as13 sistance for relocation and replacement of housing 

14 units that are demolished or disposed of pursuant to 

15 section 18 of the Act, conversion of section 23 

16 projects to assistance under section 8, the family 

17 unification program under section 8(x) of the Act, 

18 relocation of witnesses in connection with efforts to 

19 combat crime in public and assisted housing pursu20 ant to a request from a law enforcement or prosecu21 tion agency, enhanced vouchers under any provision 

22 of law authorizing such assistance under section 8(t) 

23 of the Act, HOPE VI and Choice Neighborhood 

24 vouchers, mandatory and voluntary conversions, and 

25 tenant protection assistance including replacement 

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1 and relocation assistance or for project-based assist2 ance to prevent the displacement of unassisted elder3 ly tenants currently residing in section 202 prop4 erties financed between 1959 and 1974 that are refi5 nanced pursuant to Public Law 106–569, as amend6 ed, or under the authority as provided under this 

7 Act: Provided, That when a public housing develop8 ment is submitted for demolition or disposition 

9 under section 18 of the Act, the Secretary may pro10 vide section 8 rental assistance when the units pose 

11 an imminent health and safety risk to residents: 

12 Provided further, That the Secretary may only pro13 vide replacement vouchers for units that were occu14 pied within the previous 24 months that cease to be 

15 available as assisted housing, subject only to the 

16 availability of funds: Provided further, That of the 

17 amounts made available under this paragraph, 

18 $5,000,000 may be available to provide tenant pro19 tection assistance, not otherwise provided under this 

20 paragraph, to residents residing in low vacancy 

21 areas and who may have to pay rents greater than 

22 30 percent of household income, as the result of: (A) 

23 the maturity of a HUD-insured, HUD-held or sec24 tion 202 loan that requires the permission of the 

25 Secretary prior to loan prepayment; (B) the expiraMarch 21, 2018 (6:08 p.m.)
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1 tion of a rental assistance contract for which the 

2 tenants are not eligible for enhanced voucher or ten3 ant protection assistance under existing law; or (C) 

4 the expiration of affordability restrictions accom5 panying a mortgage or preservation program admin6 istered by the Secretary: Provided further, That such 

7 tenant protection assistance made available under 

8 the previous proviso may be provided under the au9 thority of section 8(t) or section 8(o)(13) of the 

10 United States Housing Act of 1937 (42 U.S.C. 

11 1437f(t)): Provided further, That the Secretary shall 

12 issue guidance to implement the previous provisos, 

13 including, but not limited to, requirements for defin14 ing eligible at-risk households within 60 days of the 

15 enactment of this Act: Provided further, That any 

16 tenant protection voucher made available from 

17 amounts under this paragraph shall not be reissued 

18 by any public housing agency, except the replace19 ment vouchers as defined by the Secretary by notice, 

20 when the initial family that received any such vouch21 er no longer receives such voucher, and the authority 

22 for any public housing agency to issue any such 

23 voucher shall cease to exist: Provided further, That 

24 the Secretary may provide section 8 rental assist25 ance from amounts made available under this paraMarch 21, 2018 (6:08 p.m.)
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1 graph for units assisted under a project-based sub2 sidy contract funded under the ‘‘Project-Based 

3 Rental Assistance’’ heading under this title where 

4 the owner has received a Notice of Default and the 

5 units pose an imminent health and safety risk to 

6 residents: Provided further, That to the extent that 

7 the Secretary determines that such units are not 

8 feasible for continued rental assistance payments or 

9 transfer of the subsidy contract associated with such 

10 units to another project or projects and owner or 

11 owners, any remaining amounts associated with such 

12 units under such contract shall be recaptured and 

13 used to reimburse amounts used under this para14 graph for rental assistance under the preceding pro15 viso; 

16 (3) $1,760,000,000 shall be for administrative 

17 and other expenses of public housing agencies in ad18 ministering the section 8 tenant-based rental assist19 ance program, of which up to $30,000,000 shall be 

20 available to the Secretary to allocate to public hous21 ing agencies that need additional funds to admin22 ister their section 8 programs, including fees associ23 ated with section 8 tenant protection rental assist24 ance, the administration of disaster related vouchers, 

25 Veterans Affairs Supportive Housing vouchers, and 

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1 other special purpose incremental vouchers: Pro2 vided, That no less than $1,730,000,000 of the 

3 amount provided in this paragraph shall be allocated 

4 to public housing agencies for the calendar year 

5 2018 funding cycle based on section 8(q) of the Act 

6 (and related Appropriation Act provisions) as in ef7 fect immediately before the enactment of the Quality 

8 Housing and Work Responsibility Act of 1998 (Pub9 lic Law 105–276): Provided further, That if the 

10 amounts made available under this paragraph are 

11 insufficient to pay the amounts determined under 

12 the previous proviso, the Secretary may decrease the 

13 amounts allocated to agencies by a uniform percent14 age applicable to all agencies receiving funding 

15 under this paragraph or may, to the extent nec16 essary to provide full payment of amounts deter17 mined under the previous proviso, utilize unobligated 

18 balances, including recaptures and carryovers, re19 maining from funds appropriated to the Department 

20 of Housing and Urban Development under this 

21 heading from prior fiscal years, excluding special 

22 purpose vouchers, notwithstanding the purposes for 

23 which such amounts were appropriated: Provided 

24 further, That all public housing agencies partici25 pating in the MTW demonstration shall be funded 

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1 pursuant to their MTW agreements, and shall be 

2 subject to the same uniform percentage decrease as 

3 under the previous proviso: Provided further, That 

4 amounts provided under this paragraph shall be only 

5 for activities related to the provision of tenant-based 

6 rental assistance authorized under section 8, includ7 ing related development activities; 

8 (4) $505,000,000 for the renewal of tenant9 based assistance contracts under section 811 of the 

10 Cranston-Gonzalez National Affordable Housing Act 

11 (42 U.S.C. 8013), including necessary administra12 tive expenses: Provided, That administrative and 

13 other expenses of public housing agencies in admin14 istering the special purpose vouchers in this para15 graph shall be funded under the same terms and be 

16 subject to the same pro rata reduction as the per17 cent decrease for administrative and other expenses 

18 to public housing agencies under paragraph (3) of 

19 this heading: Provided further, That any amounts 

20 provided under this paragraph in this Act or prior 

21 Acts, remaining available after funding renewals and 

22 administrative expenses under this paragraph, shall 

23 be available for incremental tenant-based assistance 

24 contracts under such section 811, including nec25 essary administrative expenses; 

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1 (5) $5,000,000 shall be for rental assistance 

2 and associated administrative fees for Tribal HUD– 

3 VA Supportive Housing to serve Native American 

4 veterans that are homeless or at-risk of homeless5 ness living on or near a reservation or other Indian 

6 areas: Provided, That such amount shall be made 

7 available for renewal grants to recipients that re8 ceived assistance under prior Acts under the Tribal 

9 HUD–VA Supportive Housing program: Provided 

10 further, That the Secretary shall be authorized to 

11 specify criteria for renewal grants, including data on 

12 the utilization of assistance reported by grant recipi13 ents: Provided further, That such assistance shall be 

14 administered in accordance with program require15 ments under the Native American Housing Assist16 ance and Self-Determination Act of 1996 and mod17 eled after the HUD–VASH program: Provided fur18 ther, That the Secretary shall be authorized to 

19 waive, or specify alternative requirements for any 

20 provision of any statute or regulation that the Sec21 retary administers in connection with the use of 

22 funds made available under this paragraph (except 

23 for requirements related to fair housing, non24 discrimination, labor standards, and the environ25 ment), upon a finding by the Secretary that any 

March 21, 2018 (6:08 p.m.)
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1 such waivers or alternative requirements are nec2 essary for the effective delivery and administration 

3 of such assistance: Provided further, That grant re4 cipients shall report to the Secretary on utilization 

5 of such rental assistance and other program data, as 

6 prescribed by the Secretary: Provided further, That 

7 the Secretary may reallocate, as determined by the 

8 Secretary, amounts returned or recaptured from 

9 awards under prior acts; 

10 (6) $40,000,000 for incremental rental voucher 

11 assistance for use through a supported housing pro12 gram administered in conjunction with the Depart13 ment of Veterans Affairs as authorized under section 

14 8(o)(19) of the United States Housing Act of 1937: 

15 Provided, That the Secretary of Housing and Urban 

16 Development shall make such funding available, not17 withstanding section 203 (competition provision) of 

18 this title, to public housing agencies that partner 

19 with eligible VA Medical Centers or other entities as 

20 designated by the Secretary of the Department of 

21 Veterans Affairs, based on geographical need for 

22 such assistance as identified by the Secretary of the 

23 Department of Veterans Affairs, public housing 

24 agency administrative performance, and other fac25 tors as specified by the Secretary of Housing and 

March 21, 2018 (6:08 p.m.)
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1 Urban Development in consultation with the Sec2 retary of the Department of Veterans Affairs: Pro3 vided further, That the Secretary of Housing and 

4 Urban Development may waive, or specify alter5 native requirements for (in consultation with the 

6 Secretary of the Department of Veterans Affairs), 

7 any provision of any statute or regulation that the 

8 Secretary of Housing and Urban Development ad9 ministers in connection with the use of funds made 

10 available under this paragraph (except for require11 ments related to fair housing, nondiscrimination, 

12 labor standards, and the environment), upon a find13 ing by the Secretary that any such waivers or alter14 native requirements are necessary for the effective 

15 delivery and administration of such voucher assist16 ance: Provided further, That assistance made avail17 able under this paragraph shall continue to remain 

18 available for homeless veterans upon turn-over; 

19 (7) $20,000,000 shall be made available for 

20 new incremental voucher assistance through the 

21 family unification program as authorized by section 

22 8(x) of the Act: Provided, That the assistance made 

23 available under this paragraph shall continue to re24 main available for family unification upon turnover: 

25 Provided further, That for any public housing agency 

March 21, 2018 (6:08 p.m.)
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1 administering voucher assistance appropriated in a 

2 prior Act under the family unification program that 

3 determines that it no longer has an identified need 

4 for such assistance upon turnover, such agency shall 

5 notify the Secretary, and the Secretary shall recap6 ture such assistance from the agency and reallocate 

7 it to any other public housing agency or agencies 

8 based on need for voucher assistance in connection 

9 with such program; and 

10 (8) the Secretary shall separately track all spe11 cial purpose vouchers funded under this heading. 

12 HOUSING CERTIFICATE FUND

13 (INCLUDING RESCISSIONS)

14 Unobligated balances, including recaptures and car15 ryover, remaining from funds appropriated to the Depart16 ment of Housing and Urban Development under this 

17 heading, the heading ‘‘Annual Contributions for Assisted 

18 Housing’’ and the heading ‘‘Project-Based Rental Assist19 ance’’, for fiscal year 2018 and prior years may be used 

20 for renewal of or amendments to section 8 project-based 

21 contracts and for performance-based contract administra22 tors, notwithstanding the purposes for which such funds 

23 were appropriated: Provided, That any obligated balances 

24 of contract authority from fiscal year 1974 and prior that 

25 have been terminated shall be rescinded: Provided further, 

March 21, 2018 (6:08 p.m.)
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1 That amounts heretofore recaptured, or recaptured during 

2 the current fiscal year, from section 8 project-based con3 tracts from source years fiscal year 1975 through fiscal 

4 year 1987 are hereby rescinded, and an amount of addi5 tional new budget authority, equivalent to the amount re6 scinded is hereby appropriated, to remain available until 

7 expended, for the purposes set forth under this heading, 

8 in addition to amounts otherwise available. 

9 PUBLIC HOUSING CAPITAL FUND

10 For the Public Housing Capital Fund Program to 

11 carry out capital and management activities for public 

12 housing agencies, as authorized under section 9 of the 

13 United States Housing Act of 1937 (42 U.S.C. 1437g) 

14 (the ‘‘Act’’) $2,750,000,000, to remain available until 

15 September 30, 2021: Provided, That notwithstanding any 

16 other provision of law or regulation, during fiscal year 

17 2018, the Secretary of Housing and Urban Development 

18 may not delegate to any Department official other than 

19 the Deputy Secretary and the Assistant Secretary for 

20 Public and Indian Housing any authority under paragraph 

21 (2) of section 9(j) regarding the extension of the time peri22 ods under such section: Provided further, That for pur23 poses of such section 9(j), the term ‘‘obligate’’ means, with 

24 respect to amounts, that the amounts are subject to a 

25 binding agreement that will result in outlays, immediately 

March 21, 2018 (6:08 p.m.)
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1 or in the future: Provided further, That up to $8,300,000 

2 shall be to support ongoing public housing financial and 

3 physical assessment activities: Provided further, That up 

4 to $1,000,000 shall be to support the costs of administra5 tive and judicial receiverships: Provided further, That of 

6 the total amount provided under this heading, not to ex7 ceed $21,500,000 shall be available for the Secretary to 

8 make grants, notwithstanding section 203 of this Act, to 

9 public housing agencies for emergency capital needs in10 cluding safety and security measures necessary to address 

11 crime and drug-related activity as well as needs resulting 

12 from unforeseen or unpreventable emergencies and nat13 ural disasters excluding Presidentially declared emer14 gencies and natural disasters under the Robert T. Stafford 

15 Disaster Relief and Emergency Act (42 U.S.C. 5121 et 

16 seq.) occurring in fiscal year 2018: Provided further, That 

17 of the amount made available under the previous proviso, 

18 not less than $5,000,000 shall be for safety and security 

19 measures: Provided further, That in addition to the 

20 amount in the previous proviso for such safety and secu21 rity measures, any amounts that remain available, after 

22 all applications received on or before September 30, 2019, 

23 for emergency capital needs have been processed, shall be 

24 allocated to public housing agencies for such safety and 

25 security measures: Provided further, That of the total 

March 21, 2018 (6:08 p.m.)
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1 amount provided under this heading, up to $35,000,000 

2 shall be for supportive services, service coordinators and 

3 congregate services as authorized by section 34 of the Act 

4 (42 U.S.C. 1437z–6) and the Native American Housing 

5 Assistance and Self-Determination Act of 1996 (25 U.S.C. 

6 4101 et seq.): Provided further, That of the total amount 

7 made available under this heading, $15,000,000 shall be 

8 for a Jobs-Plus initiative modeled after the Jobs-Plus 

9 demonstration: Provided further, That funding provided 

10 under the previous proviso shall be available for competi11 tive grants to partnerships between public housing au12 thorities, local workforce investment boards established 

13 under section 117 of the Workforce Investment Act of 

14 1998, and other agencies and organizations that provide 

15 support to help public housing residents obtain employ16 ment and increase earnings: Provided further, That appli17 cants must demonstrate the ability to provide services to 

18 residents, partner with workforce investment boards, and 

19 leverage service dollars: Provided further, That the Sec20 retary may allow public housing agencies to request ex21 emptions from rent and income limitation requirements 

22 under sections 3 and 6 of the United States Housing Act 

23 of 1937 as necessary to implement the Jobs-Plus program, 

24 on such terms and conditions as the Secretary may ap25 prove upon a finding by the Secretary that any such waivMarch 21, 2018 (6:08 p.m.)
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1 ers or alternative requirements are necessary for the effec2 tive implementation of the Jobs-Plus initiative as a vol3 untary program for residents: Provided further, That the 

4 Secretary shall publish by notice in the Federal Register 

5 any waivers or alternative requirements pursuant to the 

6 preceding proviso no later than 10 days before the effec7 tive date of such notice: Provided further, That for funds 

8 provided under this heading, the limitation in section 

9 9(g)(1) of the Act shall be 25 percent: Provided further, 

10 That the Secretary may waive the limitation in the pre11 vious proviso to allow public housing agencies to fund ac12 tivities authorized under section 9(e)(1)(C) of the Act: 

13 Provided further, That the Secretary shall notify public 

14 housing agencies requesting waivers under the previous 

15 proviso if the request is approved or denied within 14 days 

16 of submitting the request: Provided further, That from the 

17 funds made available under this heading, the Secretary 

18 shall provide bonus awards in fiscal year 2018 to public 

19 housing agencies that are designated high performers: 

20 Provided further, That the Department shall notify public 

21 housing agencies of their formula allocation within 60 

22 days of enactment of this Act. 

23 PUBLIC HOUSING OPERATING FUND

24 For 2018 payments to public housing agencies for the 

25 operation and management of public housing, as authorMarch 21, 2018 (6:08 p.m.)
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1 ized by section 9(e) of the United States Housing Act of 

2 1937 (42 U.S.C. 1437g(e)), $4,550,000,000, to remain 

3 available until September 30, 2019. 

4 CHOICE NEIGHBORHOODS INITIATIVE

5 For competitive grants under the Choice Neighbor6 hoods Initiative (subject to section 24 of the United States 

7 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 

8 specified under this heading), for transformation, rehabili9 tation, and replacement housing needs of both public and 

10 HUD-assisted housing and to transform neighborhoods of 

11 poverty into functioning, sustainable mixed income neigh12 borhoods with appropriate services, schools, public assets, 

13 transportation and access to jobs, $150,000,000, to re14 main available until September 30, 2020: Provided, That 

15 grant funds may be used for resident and community serv16 ices, community development, and affordable housing 

17 needs in the community, and for conversion of vacant or 

18 foreclosed properties to affordable housing: Provided fur19 ther, That the use of funds made available under this 

20 heading shall not be deemed to be public housing notwith21 standing section 3(b)(1) of such Act: Provided further, 

22 That grantees shall commit to an additional period of af23 fordability determined by the Secretary of not fewer than 

24 20 years: Provided further, That grantees shall provide a 

25 match in State, local, other Federal or private funds: ProMarch 21, 2018 (6:08 p.m.)
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1 vided further, That grantees may include local govern2 ments, tribal entities, public housing authorities, and non3 profits: Provided further, That for-profit developers may 

4 apply jointly with a public entity: Provided further, That 

5 for purposes of environmental review, a grantee shall be 

6 treated as a public housing agency under section 26 of 

7 the United States Housing Act of 1937 (42 U.S.C. 

8 1437x), and grants under this heading shall be subject 

9 to the regulations issued by the Secretary to implement 

10 such section: Provided further, That of the amount pro11 vided, not less than $75,000,000 shall be awarded to pub12 lic housing agencies: Provided further, That such grantees 

13 shall create partnerships with other local organizations in14 cluding assisted housing owners, service agencies, and 

15 resident organizations: Provided further, That the Sec16 retary shall consult with the Secretaries of Education, 

17 Labor, Transportation, Health and Human Services, Agri18 culture, and Commerce, the Attorney General, and the Ad19 ministrator of the Environmental Protection Agency to co20 ordinate and leverage other appropriate Federal resources: 

21 Provided further, That no more than $5,000,000 of funds 

22 made available under this heading may be provided as 

23 grants to undertake comprehensive local planning with 

24 input from residents and the community: Provided further, 

25 That unobligated balances, including recaptures, remainMarch 21, 2018 (6:08 p.m.)
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1 ing from funds appropriated under the heading ‘‘Revital2 ization of Severely Distressed Public Housing (HOPE 

3 VI)’’ in fiscal year 2011 and prior fiscal years may be used 

4 for purposes under this heading, notwithstanding the pur5 poses for which such amounts were appropriated: Provided 

6 further, That the Secretary shall issue the Notice of Fund7 ing Availability for funds made available under this head8 ing no later than 60 days after enactment of this Act: Pro9 vided further, That the Secretary shall make grant awards 

10 no later than 270 days after enactment of this Act in such 

11 amounts that the Secretary determines. 

12 FAMILY SELF-SUFFICIENCY

13 For the Family Self-Sufficiency program to support 

14 family self-sufficiency coordinators under section 23 of the 

15 United States Housing Act of 1937, to promote the devel16 opment of local strategies to coordinate the use of assist17 ance under sections 8(o) and 9 of such Act with public 

18 and private resources, and enable eligible families to 

19 achieve economic independence and self-sufficiency, 

20 $75,000,000, to remain available until September 30, 

21 2019: Provided, That the Secretary may, by Federal Reg22 ister notice, waive or specify alternative requirements 

23 under subsections b(3), b(4), b(5), or c(1) of section 23 

24 of such Act in order to facilitate the operation of a unified 

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1 ance under different provisions of the Act, as determined 

2 by the Secretary: Provided further, That owners of a pri3 vately owned multifamily property with a section 8 con4 tract may voluntarily make a Family Self-Sufficiency pro5 gram available to the assisted tenants of such property 

6 in accordance with procedures established by the Sec7 retary: Provided further, That such procedures established 

8 pursuant to the previous proviso shall permit participating 

9 tenants to accrue escrow funds in accordance with section 

10 23(d)(2) and shall allow owners to use funding from resid11 ual receipt accounts to hire coordinators for their own 

12 Family Self-Sufficiency program. 

13 NATIVE AMERICAN HOUSING BLOCK GRANTS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the Native American Housing Block Grants pro16 gram, as authorized under title I of the Native American 

17 Housing Assistance and Self-Determination Act of 1996 

18 (NAHASDA) (25 U.S.C. 4111 et seq.), $655,000,000, to 

19 remain available until September 30, 2022: Provided, 

20 That, notwithstanding NAHASDA, to determine the 

21 amount of the allocation under title I of such Act for each 

22 Indian tribe, the Secretary shall apply the formula under 

23 section 302 of such Act with the need component based 

24 on single-race census data and with the need component 

25 based on multi-race census data, and the amount of the 

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1 allocation for each Indian tribe shall be the greater of the 

2 two resulting allocation amounts: Provided further, That 

3 of the amounts made available under this heading, 

4 $7,000,000 shall be for providing training and technical 

5 assistance to Indian housing authorities and tribally des6 ignated housing entities, to support the inspection of In7 dian housing units, contract expertise, and for training 

8 and technical assistance related to funding provided under 

9 this heading and other headings under this Act for the 

10 needs of Native American families and Indian country: 

11 Provided further, That of the funds made available under 

12 the previous provisos, not less than $2,000,000 shall be 

13 made available for a national organization as authorized 

14 under section 703 of NAHASDA (25 U.S.C. 4212): Pro15 vided further, That amounts made available under the pre16 vious two provisos may be used, contracted, or competed 

17 as determined by the Secretary: Provided further, That of 

18 the amount provided under this heading, $2,000,000 shall 

19 be made available for the cost of guaranteed notes and 

20 other obligations, as authorized by title VI of NAHASDA: 

21 Provided further, That such costs, including the costs of 

22 modifying such notes and other obligations, shall be as de23 fined in section 502 of the Congressional Budget Act of 

24 1974, as amended: Provided further, That these funds are 

25 available to subsidize the total principal amount of any 

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1 notes and other obligations, any part of which is to be 

2 guaranteed, not to exceed $17,391,304: Provided further, 

3 That the Department will notify grantees of their formula 

4 allocation within 60 days of the date of enactment of this 

5 Act: Provided further, That for an additional amount for 

6 the Native American Housing Block Grants program, as 

7 authorized under title I of NAHASDA, $100,000,000 to 

8 remain available until September 30, 2022: Provided fur9 ther, That the Secretary shall obligate this additional 

10 amount for competitive grants to eligible recipients au11 thorized under NAHASDA that apply for funds: Provided 

12 further, That in awarding this additional amount, the Sec13 retary shall consider need and administrative capacity, 

14 and shall give priority to projects that will spur construc15 tion and rehabilitation: Provided further, That up to 1 per16 cent of this additional amount may be transferred, in ag17 gregate, to ‘‘Program Office Salaries and Expenses—Pub18 lic and Indian Housing’’ for necessary costs of admin19 istering and overseeing the obligation and expenditure of 

20 this additional amount: Provided further, That any funds 

21 transferred pursuant to the previous proviso shall remain 

22 available until September 30, 2023. 

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1 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

2 ACCOUNT

3 For the cost of guaranteed loans, as authorized by 

4 section 184 of the Housing and Community Development 

5 Act of 1992 (12 U.S.C. 1715z–13a), $1,000,000, to re6 main available until expended: Provided, That such costs, 

7 including the costs of modifying such loans, shall be as 

8 defined in section 502 of the Congressional Budget Act 

9 of 1974: Provided further, That these funds are available 

10 to subsidize total loan principal, any part of which is to 

11 be guaranteed, up to $270,270,270, to remain available 

12 until expended: Provided further, That up to $750,000 of 

13 this amount may be for administrative contract expenses 

14 including management processes and systems to carry out 

15 the loan guarantee program. 

16 NATIVE HAWAIIAN HOUSING BLOCK GRANT

17 For the Native Hawaiian Housing Block Grant pro18 gram, as authorized under title VIII of the Native Amer19 ican Housing Assistance and Self-Determination Act of 

20 1996 (25 U.S.C. 4111 et seq.), $2,000,000 to remain 

21 available until September 30, 2022: Provided, That not22 withstanding section 812(b) of such Act, the Department 

23 of Hawaiian Home Lands may not invest grant amounts 

24 provided under this heading in investment securities and 

25 other obligations: Provided further, That the language 

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1 under the first proviso under the heading ‘‘Native Hawai2 ian Housing Block Grant’’ in the Department of Housing 

3 and Urban Development Appropriations Act, 2015 (Public 

4 Law 113–235) is amended by striking ‘‘Hawaii-based’’: 

5 Provided further, That amounts made available under this 

6 heading in this and prior fiscal years may be used to pro7 vide rental assistance to eligible Native Hawaiian families 

8 both on and off the Hawaiian Home Lands, notwith9 standing any other provision of law. 

10 COMMUNITY PLANNING AND DEVELOPMENT

11 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

12 For carrying out the Housing Opportunities for Per13 sons with AIDS program, as authorized by the AIDS 

14 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

15 $375,000,000, to remain available until September 30, 

16 2019, except that amounts allocated pursuant to section 

17 854(c)(5) of such Act shall remain available until Sep18 tember 30, 2020: Provided, That the Secretary shall renew 

19 all expiring contracts for permanent supportive housing 

20 that initially were funded under section 854(c)(5) of such 

21 Act from funds made available under this heading in fiscal 

22 year 2010 and prior fiscal years that meet all program 

23 requirements before awarding funds for new contracts 

24 under such section: Provided further, That the DepartMarch 21, 2018 (6:08 p.m.)
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1 ment shall notify grantees of their formula allocation with2 in 60 days of enactment of this Act. 

3 COMMUNITY DEVELOPMENT FUND

4 For assistance to units of State and local govern5 ment, and to other entities, for economic and community 

6 development activities, and for other purposes, 

7 $3,365,000,000, to remain available until September 30, 

8 2020, unless otherwise specified: Provided, That of the 

9 total amount provided, $3,300,000,000 is for carrying out 

10 the community development block grant program under 

11 title I of the Housing and Community Development Act 

12 of 1974, as amended (‘‘the Act’’ herein) (42 U.S.C. 5301 

13 et seq.): Provided further, That unless explicitly provided 

14 for under this heading, not to exceed 20 percent of any 

15 grant made with funds appropriated under this heading 

16 shall be expended for planning and management develop17 ment and administration: Provided further, That a metro18 politan city, urban county, unit of general local govern19 ment, Indian tribe, or insular area that directly or indi20 rectly receives funds under this heading may not sell, 

21 trade, or otherwise transfer all or any portion of such 

22 funds to another such entity in exchange for any other 

23 funds, credits or non-Federal considerations, but must use 

24 such funds for activities eligible under title I of the Act: 

25 Provided further, That notwithstanding section 105(e)(1) 

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1 of the Act, no funds provided under this heading may be 

2 provided to a for-profit entity for an economic develop3 ment project under section 105(a)(17) unless such project 

4 has been evaluated and selected in accordance with guide5 lines required under subsection (e)(2): Provided further, 

6 That the Department shall notify grantees of their for7 mula allocation within 60 days of enactment of this Act: 

8 Provided further, That of the total amount provided under 

9 this heading, $65,000,000 shall be for grants to Indian 

10 tribes notwithstanding section 106(a)(1) of such Act, of 

11 which, notwithstanding any other provision of law (includ12 ing section 203 of this Act), up to $4,000,000 may be 

13 used for emergencies that constitute imminent threats to 

14 health and safety. 

15 COMMUNITY DEVELOPMENT LOAN GUARANTEES

16 PROGRAM ACCOUNT

17 Subject to section 502 of the Congressional Budget 

18 Act of 1974, during fiscal year 2018, commitments to 

19 guarantee loans under section 108 of the Housing and 

20 Community Development Act of 1974 (42 U.S.C. 5308), 

21 any part of which is guaranteed, shall not exceed a total 

22 principal amount of $300,000,000, notwithstanding any 

23 aggregate limitation on outstanding obligations guaran24 teed in subsection (k) of such section 108: Provided, That 

25 the Secretary shall collect fees from borrowers, notwithMarch 21, 2018 (6:08 p.m.)
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1 standing subsection (m) of such section 108, to result in 

2 a credit subsidy cost of zero for guaranteeing such loans, 

3 and any such fees shall be collected in accordance with 

4 section 502(7) of the Congressional Budget Act of 1974. 

5 HOME INVESTMENT PARTNERSHIPS PROGRAM

6 For the HOME Investment Partnerships program, as 

7 authorized under title II of the Cranston-Gonzalez Na8 tional Affordable Housing Act, as amended, 

9 $1,362,000,000, to remain available until September 30, 

10 2021: Provided, That notwithstanding the amount made 

11 available under this heading, the threshold reduction re12 quirements in sections 216(10) and 217(b)(4) of such Act 

13 shall not apply to allocations of such amount: Provided 

14 further, That the Department shall notify grantees of their 

15 formula allocation within 60 days of enactment of this Act. 

16 SELF-HELP AND ASSISTED HOMEOWNERSHIP

17 OPPORTUNITY PROGRAM

18 For the Self-Help and Assisted Homeownership Op19 portunity Program, as authorized under section 11 of the 

20 Housing Opportunity Program Extension Act of 1996, as 

21 amended, $50,000,000, to remain available until Sep22 tember 30, 2020: Provided, That of the total amount pro23 vided under this heading, $10,000,000 shall be made 

24 available to the Self-Help Homeownership Opportunity 

25 Program as authorized under section 11 of the Housing 

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1 Opportunity Program Extension Act of 1996, as amended: 

2 Provided further, That of the total amount provided under 

3 this heading, $35,000,000 shall be made available for the 

4 second, third, and fourth capacity building activities au5 thorized under section 4(a) of the HUD Demonstration 

6 Act of 1993 (42 U.S.C. 9816 note), of which not less than 

7 $5,000,000 shall be made available for rural capacity 

8 building activities: Provided further, That of the total 

9 amount provided under this heading, $5,000,000 shall be 

10 made available for capacity building by national rural 

11 housing organizations with experience assessing national 

12 rural conditions and providing financing, training, tech13 nical assistance, information, and research to local non14 profits, local governments, and Indian Tribes serving high 

15 need rural communities: Provided further, That an addi16 tional $4,000,000, to remain available until expended, 

17 shall be for a program to rehabilitate and modify homes 

18 of disabled or low-income veterans, as authorized under 

19 section 1079 of Public Law 113–291. 

20 HOMELESS ASSISTANCE GRANTS

21 For the Emergency Solutions Grants program as au22 thorized under subtitle B of title IV of the McKinney23 Vento Homeless Assistance Act, as amended; the Con24 tinuum of Care program as authorized under subtitle C 

25 of title IV of such Act; and the Rural Housing Stability 

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1 Assistance program as authorized under subtitle D of title 

2 IV of such Act, $2,513,000,000, to remain available until 

3 September 30, 2020: Provided, That any rental assistance 

4 amounts that are recaptured under such Continuum of 

5 Care program shall remain available until expended: Pro6 vided further, That not less than $270,000,000 of the 

7 funds appropriated under this heading shall be available 

8 for such Emergency Solutions Grants program: Provided 

9 further, That not less than $2,106,000,000 of the funds 

10 appropriated under this heading shall be available for such 

11 Continuum of Care and Rural Housing Stability Assist12 ance programs: Provided further, That of the amounts 

13 made available under this heading, up to $50,000,000 

14 shall be made available for grants for rapid re-housing 

15 projects and supportive service projects providing coordi16 nated entry, and for eligible activities the Secretary deter17 mines to be critical in order to assist survivors of domestic 

18 violence, dating violence, and stalking: Provided further, 

19 That such projects shall be eligible for renewal under the 

20 continuum of care program subject to the same terms and 

21 conditions as other renewal applicants: Provided further, 

22 That up to $7,000,000 of the funds appropriated under 

23 this heading shall be available for the national homeless 

24 data analysis project: Provided further, That all funds 

25 awarded for supportive services under the Continuum of 

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1 Care program and the Rural Housing Stability Assistance 

2 program shall be matched by not less than 25 percent in 

3 cash or in kind by each grantee: Provided further, That 

4 for all match requirements applicable to funds made avail5 able under this heading for this fiscal year and prior years, 

6 a grantee may use (or could have used) as a source of 

7 match funds other funds administered by the Secretary 

8 and other Federal agencies unless there is (or was) a spe9 cific statutory prohibition on any such use of any such 

10 funds: Provided further, That the Secretary shall collect 

11 system performance measures for each continuum of care, 

12 and that relative to fiscal year 2015, under the Continuum 

13 of Care competition with respect to funds made available 

14 under this heading, the Secretary shall base an increasing 

15 share of the score on performance criteria: Provided fur16 ther, That none of the funds provided under this heading 

17 shall be available to provide funding for new projects, ex18 cept for projects created through reallocation, unless the 

19 Secretary determines that the continuum of care has dem20 onstrated that projects are evaluated and ranked based 

21 on the degree to which they improve the continuum of 

22 care’s system performance: Provided further, That the 

23 Secretary shall prioritize funding under the Continuum of 

24 Care program to continuums of care that have dem25 onstrated a capacity to reallocate funding from lower perMarch 21, 2018 (6:08 p.m.)
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1 forming projects to higher performing projects: Provided 

2 further, That all awards of assistance under this heading 

3 shall be required to coordinate and integrate homeless pro4 grams with other mainstream health, social services, and 

5 employment programs for which homeless populations 

6 may be eligible: Provided further, That any unobligated 

7 amounts remaining from funds appropriated under this 

8 heading in fiscal year 2012 and prior years for project9 based rental assistance for rehabilitation projects with 10- 

10 year grant terms may be used for purposes under this 

11 heading, notwithstanding the purposes for which such 

12 funds were appropriated: Provided further, That all bal13 ances for Shelter Plus Care renewals previously funded 

14 from the Shelter Plus Care Renewal account and trans15 ferred to this account shall be available, if recaptured, for 

16 Continuum of Care renewals in fiscal year 2018: Provided 

17 further, That the Department shall notify grantees of their 

18 formula allocation from amounts allocated (which may 

19 represent initial or final amounts allocated) for the Emer20 gency Solutions Grant program within 60 days of enact21 ment of this Act: Provided further, That up to 

22 $80,000,000 of the funds appropriated under this heading 

23 shall be to implement projects to demonstrate how a com24 prehensive approach to serving homeless youth, age 24 

25 and under, in up to 25 communities, including at least 

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1 eight communities with substantial rural populations, can 

2 dramatically reduce youth homelessness: Provided further, 

3 That of the amount made available under the previous 

4 proviso, up to $5,000,000 shall be available to provide 

5 technical assistance on youth homelessness, and collection, 

6 analysis, and reporting of data and performance measures 

7 under the comprehensive approaches to serve homeless 

8 youth, in addition to and in coordination with other tech9 nical assistance funds provided under this title: Provided 

10 further, That such projects shall be eligible for renewal 

11 under the continuum of care program subject to the same 

12 terms and conditions as other renewal applicants: Pro13 vided further, That youth aged 24 and under seeking as14 sistance under this heading shall not be required to pro15 vide third party documentation to establish their eligibility 

16 under 42 U.S.C. 11302(a) or (b) to receive services: Pro17 vided further, That unaccompanied youth aged 24 and 

18 under or families headed by youth aged 24 and under who 

19 are living in unsafe situations may be served by youth20 serving providers funded under this heading. 

21 HOUSING PROGRAMS

22 PROJECT-BASED RENTAL ASSISTANCE

23 For activities and assistance for the provision of 

24 project-based subsidy contracts under the United States 

25 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

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1 Act’’), not otherwise provided for, $11,115,000,000, to re2 main available until expended, shall be available on Octo3 ber 1, 2017 (in addition to the $400,000,000 previously 

4 appropriated under this heading that became available Oc5 tober 1, 2017), and $400,000,000, to remain available 

6 until expended, shall be available on October 1, 2018: Pro7 vided, That the amounts made available under this head8 ing shall be available for expiring or terminating section 

9 8 project-based subsidy contracts (including section 8 

10 moderate rehabilitation contracts), for amendments to sec11 tion 8 project-based subsidy contracts (including section 

12 8 moderate rehabilitation contracts), for contracts entered 

13 into pursuant to section 441 of the McKinney-Vento 

14 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

15 of section 8 contracts for units in projects that are subject 

16 to approved plans of action under the Emergency Low In17 come Housing Preservation Act of 1987 or the Low-In18 come Housing Preservation and Resident Homeownership 

19 Act of 1990, and for administrative and other expenses 

20 associated with project-based activities and assistance 

21 funded under this paragraph: Provided further, That of 

22 the total amounts provided under this heading, not to ex23 ceed $285,000,000 shall be available for performance24 based contract administrators for section 8 project-based 

25 assistance, for carrying out 42 U.S.C. 1437(f): Provided 

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1 further, That the Secretary of Housing and Urban Devel2 opment may also use such amounts in the previous proviso 

3 for performance-based contract administrators for the ad4 ministration of: interest reduction payments pursuant to 

5 section 236(a) of the National Housing Act (12 U.S.C. 

6 1715z–1(a)); rent supplement payments pursuant to sec7 tion 101 of the Housing and Urban Development Act of 

8 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assist9 ance payments (12 U.S.C. 1715z–1(f)(2)); project rental 

10 assistance contracts for the elderly under section 

11 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); 

12 project rental assistance contracts for supportive housing 

13 for persons with disabilities under section 811(d)(2) of the 

14 Cranston-Gonzalez National Affordable Housing Act (42 

15 U.S.C. 8013(d)(2)); project assistance contracts pursuant 

16 to section 202(h) of the Housing Act of 1959 (Public Law 

17 86–372; 73 Stat. 667); and loans under section 202 of 

18 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

19 667): Provided further, That amounts recaptured under 

20 this heading, the heading ‘‘Annual Contributions for As21 sisted Housing’’, or the heading ‘‘Housing Certificate 

22 Fund’’, may be used for renewals of or amendments to 

23 section 8 project-based contracts or for performance-based 

24 contract administrators, notwithstanding the purposes for 

25 which such amounts were appropriated: Provided further, 

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1 That, notwithstanding any other provision of law, upon 

2 the request of the Secretary of Housing and Urban Devel3 opment, project funds that are held in residual receipts 

4 accounts for any project subject to a section 8 project5 based Housing Assistance Payments contract that author6 izes HUD or a Housing Finance Agency to require that 

7 surplus project funds be deposited in an interest-bearing 

8 residual receipts account and that are in excess of an 

9 amount to be determined by the Secretary, shall be remit10 ted to the Department and deposited in this account, to 

11 be available until expended: Provided further, That 

12 amounts deposited pursuant to the previous proviso shall 

13 be available in addition to the amount otherwise provided 

14 by this heading for uses authorized under this heading. 

15 HOUSING FOR THE ELDERLY

16 For capital advances, including amendments to cap17 ital advance contracts, for housing for the elderly, as au18 thorized by section 202 of the Housing Act of 1959, as 

19 amended, and for project rental assistance for the elderly 

20 under section 202(c)(2) of such Act, including amend21 ments to contracts for such assistance and renewal of ex22 piring contracts for such assistance for up to a 1-year 

23 term, and for senior preservation rental assistance con24 tracts, including renewals, as authorized by section 811(e) 

25 of the American Housing and Economic Opportunity Act 

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1 of 2000, as amended, and for supportive services associ2 ated with the housing, $678,000,000 to remain available 

3 until September 30, 2021, of which $105,000,000 shall 

4 be for capital advance and project-based rental assistance 

5 awards: Provided, That of the amount provided under this 

6 heading, up to $90,000,000 shall be for service coordina7 tors and the continuation of existing congregate service 

8 grants for residents of assisted housing projects: Provided 

9 further, That amounts under this heading shall be avail10 able for Real Estate Assessment Center inspections and 

11 inspection-related activities associated with section 202 

12 projects: Provided further, That the Secretary may waive 

13 the provisions of section 202 governing the terms and con14 ditions of project rental assistance, except that the initial 

15 contract term for such assistance shall not exceed 5 years 

16 in duration: Provided further, That upon request of the 

17 Secretary of Housing and Urban Development, project 

18 funds that are held in residual receipts accounts for any 

19 project subject to a section 202 project rental assistance 

20 contract, and that upon termination of such contract are 

21 in excess of an amount to be determined by the Secretary, 

22 shall be remitted to the Department and deposited in this 

23 account, to be available until September 30, 2021: Pro24 vided further, That amounts deposited in this account pur25 suant to the previous proviso shall be available, in addition 

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1 to the amounts otherwise provided by this heading, for 

2 amendments and renewals: Provided further, That unobli3 gated balances, including recaptures and carryover, re4 maining from funds transferred to or appropriated under 

5 this heading shall be available for amendments and renew6 als notwithstanding the purposes for which such funds 

7 originally were appropriated. 

8 HOUSING FOR PERSONS WITH DISABILITIES

9 For capital advances, including amendments to cap10 ital advance contracts, for supportive housing for persons 

11 with disabilities, as authorized by section 811 of the Cran12 ston-Gonzalez National Affordable Housing Act (42 

13 U.S.C. 8013), as amended, and for project rental assist14 ance for supportive housing for persons with disabilities 

15 under section 811(d)(2) of such Act and for project assist16 ance contracts pursuant to section 202(h) of the Housing 

17 Act of 1959 (Public Law 86–372; 73 Stat. 667), including 

18 amendments to contracts for such assistance and renewal 

19 of expiring contracts for such assistance for up to a 1– 

20 year term, for project rental assistance to State housing 

21 finance agencies and other appropriate entities as author22 ized under section 811(b)(3) of the Cranston-Gonzalez 

23 National Housing Act, and for supportive services associ24 ated with the housing for persons with disabilities as au25 thorized by section 811(b)(1) of such Act, $229,600,000, 

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1 to remain available until September 30, 2021, of which 

2 $82,600,000 shall be for capital advance and project rent3 al assistance awards: Provided, That amounts made avail4 able under this heading shall be available for Real Estate 

5 Assessment Center inspections and inspection-related ac6 tivities associated with section 811 projects: Provided fur7 ther, That, in this fiscal year, upon the request of the Sec8 retary of Housing and Urban Development, project funds 

9 that are held in residual receipts accounts for any project 

10 subject to a section 811 project rental assistance contract 

11 and that upon termination of such contract are in excess 

12 of an amount to be determined by the Secretary shall be 

13 remitted to the Department and deposited in this account, 

14 to be available until September 30, 2021: Provided further, 

15 That amounts deposited in this account pursuant to the 

16 previous proviso shall be available in addition to the 

17 amounts otherwise provided by this heading for amend18 ments and renewals: Provided further, That unobligated 

19 balances, including recaptures and carryover, remaining 

20 from funds transferred to or appropriated under this 

21 heading shall be used for amendments and renewals not22 withstanding the purposes for which such funds originally 

23 were appropriated. 

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1 HOUSING COUNSELING ASSISTANCE

2 For contracts, grants, and other assistance excluding 

3 loans, as authorized under section 106 of the Housing and 

4 Urban Development Act of 1968, as amended, 

5 $55,000,000, to remain available until September 30, 

6 2019, including up to $4,500,000 for administrative con7 tract services: Provided, That grants made available from 

8 amounts provided under this heading shall be awarded 

9 within 180 days of enactment of this Act: Provided further, 

10 That funds shall be used for providing counseling and ad11 vice to tenants and homeowners, both current and pro12 spective, with respect to property maintenance, financial 

13 management or literacy, and such other matters as may 

14 be appropriate to assist them in improving their housing 

15 conditions, meeting their financial needs, and fulfilling the 

16 responsibilities of tenancy or homeownership; for program 

17 administration; and for housing counselor training: Pro18 vided further, That for purposes of providing such grants 

19 from amounts provided under this heading, the Secretary 

20 may enter into multiyear agreements, as appropriate, sub21 ject to the availability of annual appropriations. 

22 RENTAL HOUSING ASSISTANCE

23 For amendments to contracts under section 101 of 

24 the Housing and Urban Development Act of 1965 (12 

25 U.S.C. 1701s) and section 236(f)(2) of the National 

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1 Housing Act (12 U.S.C. 1715z–1) in State-aided, non2 insured rental housing projects, $14,000,000, to remain 

3 available until expended: Provided, That such amount, to4 gether with unobligated balances from recaptured 

5 amounts appropriated prior to fiscal year 2006 from ter6 minated contracts under such sections of law, and any un7 obligated balances, including recaptures and carryover, re8 maining from funds appropriated under this heading after 

9 fiscal year 2005, shall also be available for extensions of 

10 up to one year for expiring contracts under such sections 

11 of law. 

12 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

13 FUND

14 For necessary expenses as authorized by the National 

15 Manufactured Housing Construction and Safety Stand16 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

17 $11,000,000, to remain available until expended, of which 

18 $11,000,000 is to be derived from the Manufactured 

19 Housing Fees Trust Fund: Provided, That not to exceed 

20 the total amount appropriated under this heading shall be 

21 available from the general fund of the Treasury to the ex22 tent necessary to incur obligations and make expenditures 

23 pending the receipt of collections to the Fund pursuant 

24 to section 620 of such Act: Provided further, That the 

25 amount made available under this heading from the genMarch 21, 2018 (6:08 p.m.)
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1 eral fund shall be reduced as such collections are received 

2 during fiscal year 2018 so as to result in a final fiscal 

3 year 2018 appropriation from the general fund estimated 

4 at zero, and fees pursuant to such section 620 shall be 

5 modified as necessary to ensure such a final fiscal year 

6 2018 appropriation: Provided further, That for the dispute 

7 resolution and installation programs, the Secretary of 

8 Housing and Urban Development may assess and collect 

9 fees from any program participant: Provided further, That 

10 such collections shall be deposited into the Fund, and the 

11 Secretary, as provided herein, may use such collections, 

12 as well as fees collected under section 620, for necessary 

13 expenses of such Act: Provided further, That, notwith14 standing the requirements of section 620 of such Act, the 

15 Secretary may carry out responsibilities of the Secretary 

16 under such Act through the use of approved service pro17 viders that are paid directly by the recipients of their serv18 ices. 

19 FEDERAL HOUSING ADMINISTRATION

20 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

21 New commitments to guarantee single family loans 

22 insured under the Mutual Mortgage Insurance Fund shall 

23 not exceed $400,000,000,000, to remain available until 

24 September 30, 2019: Provided, That during fiscal year 

25 2018, obligations to make direct loans to carry out the 

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1 purposes of section 204(g) of the National Housing Act, 

2 as amended, shall not exceed $5,000,000: Provided fur3 ther, That the foregoing amount in the previous proviso 

4 shall be for loans to nonprofit and governmental entities 

5 in connection with sales of single family real properties 

6 owned by the Secretary and formerly insured under the 

7 Mutual Mortgage Insurance Fund: Provided further, That 

8 for administrative contract expenses of the Federal Hous9 ing Administration, $130,000,000, to remain available 

10 until September 30, 2019: Provided further, That to the 

11 extent guaranteed loan commitments exceed 

12 $200,000,000,000 on or before April 1, 2018, an addi13 tional $1,400 for administrative contract expenses shall be 

14 available for each $1,000,000 in additional guaranteed 

15 loan commitments (including a pro rata amount for any 

16 amount below $1,000,000), but in no case shall funds 

17 made available by this proviso exceed $30,000,000: Pro18 vided further, That during fiscal year 2018 the Secretary 

19 may insure and enter into new commitments to insure 

20 mortgages under section 255 of the National Housing Act 

21 only to the extent that the net credit subsidy cost for such 

22 insurance does not exceed zero: Provided further, That for 

23 fiscal years 2018 and 2019, the Secretary shall not take 

24 any action against a lender solely on the basis of compare 

25 ratios that have been adversely affected by defaults on 

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1 mortgages secured by properties in areas where a major 

2 disaster was declared in 2017 or 2018 pursuant to the 

3 Robert T. Stafford Disaster Relief and Emergency Assist4 ance Act (42 U.S.C. 5121 et seq.). 

5 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

6 New commitments to guarantee loans insured under 

7 the General and Special Risk Insurance Funds, as author8 ized by sections 238 and 519 of the National Housing Act 

9 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

10 $30,000,000,000 in total loan principal, any part of which 

11 is to be guaranteed, to remain available until September 

12 30, 2019: Provided, That during fiscal year 2018, gross 

13 obligations for the principal amount of direct loans, as au14 thorized by sections 204(g), 207(l), 238, and 519(a) of 

15 the National Housing Act, shall not exceed $5,000,000, 

16 which shall be for loans to nonprofit and governmental en17 tities in connection with the sale of single family real prop18 erties owned by the Secretary and formerly insured under 

19 such Act. 

20 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

21 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

22 GUARANTEE PROGRAM ACCOUNT

23 New commitments to issue guarantees to carry out 

24 the purposes of section 306 of the National Housing Act, 

25 as amended (12 U.S.C. 1721(g)), shall not exceed 

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1 $500,000,000,000, to remain available until September 

2 30, 2019: Provided, That $27,000,000 shall be available 

3 for necessary salaries and expenses of the Office of Gov4 ernment National Mortgage Association: Provided further, 

5 That to the extent that guaranteed loan commitments ex6 ceed $155,000,000,000 on or before April 1, 2018, an ad7 ditional $100 for necessary salaries and expenses shall be 

8 available until expended for each $1,000,000 in additional 

9 guaranteed loan commitments (including a pro rata 

10 amount for any amount below $1,000,000), but in no case 

11 shall funds made available by this proviso exceed 

12 $3,000,000: Provided further, That receipts from Commit13 ment and Multiclass fees collected pursuant to title III of 

14 the National Housing Act, as amended, shall be credited 

15 as offsetting collections to this account. 

16 POLICY DEVELOPMENT AND RESEARCH

17 RESEARCH AND TECHNOLOGY

18 For contracts, grants, and necessary expenses of pro19 grams of research and studies relating to housing and 

20 urban problems, not otherwise provided for, as authorized 

21 by title V of the Housing and Urban Development Act 

22 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

23 out the functions of the Secretary of Housing and Urban 

24 Development under section 1(a)(1)(i) of Reorganization 

25 Plan No. 2 of 1968, and for technical assistance, 

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1 $89,000,000, to remain available until September 30, 

2 2019: Provided, That with respect to amounts made avail3 able under this heading, notwithstanding section 203 of 

4 this title, the Secretary may enter into cooperative agree5 ments funded with philanthropic entities, other Federal 

6 agencies, State or local governments and their agencies, 

7 or colleges or universities for research projects: Provided 

8 further, That with respect to the previous proviso, such 

9 partners to the cooperative agreements must contribute at 

10 least a 50 percent match toward the cost of the project: 

11 Provided further, That for non-competitive agreements en12 tered into in accordance with the previous two provisos, 

13 the Secretary of Housing and Urban Development shall 

14 comply with section 2(b) of the Federal Funding Account15 ability and Transparency Act of 2006 (Public Law 109– 

16 282, 31 U.S.C. note) in lieu of compliance with section 

17 102(a)(4)(C) with respect to documentation of award deci18 sions: Provided further, That prior to obligation of tech19 nical assistance funding, the Secretary shall submit a 

20 plan, for approval, to the House and Senate Committees 

21 on Appropriations on how it will allocate funding for this 

22 activity: Provided further, That none of the funds provided 

23 under this heading may be available for the doctoral dis24 sertation research grant program. 

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1 FAIR HOUSING AND EQUAL OPPORTUNITY

2 FAIR HOUSING ACTIVITIES

3 For contracts, grants, and other assistance, not oth4 erwise provided for, as authorized by title VIII of the Civil 

5 Rights Act of 1968, as amended by the Fair Housing 

6 Amendments Act of 1988, and section 561 of the Housing 

7 and Community Development Act of 1987, as amended, 

8 $65,300,000, to remain available until September 30, 

9 2019: Provided, That notwithstanding 31 U.S.C. 3302, 

10 the Secretary may assess and collect fees to cover the costs 

11 of the Fair Housing Training Academy, and may use such 

12 funds to provide such training: Provided further, That no 

13 funds made available under this heading shall be used to 

14 lobby the executive or legislative branches of the Federal 

15 Government in connection with a specific contract, grant, 

16 or loan: Provided further, That of the funds made available 

17 under this heading, $300,000 shall be available to the Sec18 retary of Housing and Urban Development for the cre19 ation and promotion of translated materials and other pro20 grams that support the assistance of persons with limited 

21 English proficiency in utilizing the services provided by 

22 the Department of Housing and Urban Development. 

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1 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

2 HOMES

3 LEAD HAZARD REDUCTION

4 For the Lead Hazard Reduction Program, as author5 ized by section 1011 of the Residential Lead-Based Paint 

6 Hazard Reduction Act of 1992, $230,000,000, to remain 

7 available until September 30, 2019, of which $45,000,000 

8 shall be for the Healthy Homes Initiative, pursuant to sec9 tions 501 and 502 of the Housing and Urban Develop10 ment Act of 1970, that shall include research, studies, 

11 testing, and demonstration efforts, including education 

12 and outreach concerning lead-based paint poisoning and 

13 other housing-related diseases and hazards: Provided, 

14 That for purposes of environmental review, pursuant to 

15 the National Environmental Policy Act of 1969 (42 U.S.C. 

16 4321 et seq.) and other provisions of the law that further 

17 the purposes of such Act, a grant under the Healthy 

18 Homes Initiative, or the Lead Technical Studies program 

19 under this heading or under prior appropriations Acts for 

20 such purposes under this heading, shall be considered to 

21 be funds for a special project for purposes of section 

22 305(c) of the Multifamily Housing Property Disposition 

23 Reform Act of 1994: Provided further, That not less than 

24 $95,000,000 of the amounts made available under this 

25 heading for the award of grants pursuant to section 1011 

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1 of the Residential Lead-Based Paint Hazard Reduction 

2 Act of 1992 shall be provided to areas with the highest 

3 lead-based paint abatement needs: Provided further, That 

4 each applicant shall certify adequate capacity that is ac5 ceptable to the Secretary to carry out the proposed use 

6 of funds pursuant to a notice of funding availability: Pro7 vided further, That amounts made available under this 

8 heading in this or prior appropriations Acts, and that still 

9 remain available, may be used for any purpose under this 

10 heading notwithstanding the purpose for which such 

11 amounts were appropriated if a program competition is 

12 undersubscribed and there are other program competitions 

13 under this heading that are oversubscribed. 

14 INFORMATION TECHNOLOGY FUND

15 For the development of, modifications to, and infra16 structure for Department-wide and program-specific infor17 mation technology systems, for the continuing operation 

18 and maintenance of both Department-wide and program19 specific information systems, and for program-related 

20 maintenance activities, $267,000,000, of which 

21 $250,000,000 shall remain available until September 30, 

22 2019, and of which $17,000,000 shall remain available 

23 until September 30, 2020: Provided, That any amounts 

24 transferred to this Fund under this Act shall remain avail25 able until expended: Provided further, That any amounts 

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1 transferred to this Fund from amounts appropriated by 

2 previously enacted appropriations Acts may be used for 

3 the purposes specified under this Fund, in addition to any 

4 other information technology purposes for which such 

5 amounts were appropriated: Provided further, That not 

6 more than 10 percent of the funds made available under 

7 this heading for development, modernization and enhance8 ment may be obligated until the Secretary submits to the 

9 House and Senate Committees on Appropriations, for ap10 proval, a plan for expenditure that—(A) identifies for each 

11 modernization project: (i) the functional and performance 

12 capabilities to be delivered and the mission benefits to be 

13 realized, (ii) the estimated life-cycle cost, and (iii) key 

14 milestones to be met; and (B) demonstrates that each 

15 modernization project is: (i) compliant with the Depart16 ment’s enterprise architecture, (ii) being managed in ac17 cordance with applicable life-cycle management policies 

18 and guidance, (iii) subject to the Department’s capital 

19 planning and investment control requirements, and (iv) 

20 supported by an adequately staffed project office. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary salaries and expenses of the Office of 

23 Inspector General in carrying out the Inspector General 

24 Act of 1978, as amended, $128,082,000: Provided, That 

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1 the Inspector General shall have independent authority 

2 over all personnel issues within this office. 

3 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

4 URBAN DEVELOPMENT

5 (INCLUDING TRANSFER OF FUNDS)

6 (INCLUDING RESCISSION)

7 SEC. 201. Fifty percent of the amounts of budget au8 thority, or in lieu thereof 50 percent of the cash amounts 

9 associated with such budget authority, that are recaptured 

10 from projects described in section 1012(a) of the Stewart 

11 B. McKinney Homeless Assistance Amendments Act of 

12 1988 (42 U.S.C. 1437f note) shall be rescinded or in the 

13 case of cash, shall be remitted to the Treasury, and such 

14 amounts of budget authority or cash recaptured and not 

15 rescinded or remitted to the Treasury shall be used by 

16 State housing finance agencies or local governments or 

17 local housing agencies with projects approved by the Sec18 retary of Housing and Urban Development for which set19 tlement occurred after January 1, 1992, in accordance 

20 with such section. Notwithstanding the previous sentence, 

21 the Secretary may award up to 15 percent of the budget 

22 authority or cash recaptured and not rescinded or remitted 

23 to the Treasury to provide project owners with incentives 

24 to refinance their project at a lower interest rate. 

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1 SEC. 202. None of the amounts made available under 

2 this Act may be used during fiscal year 2018 to investigate 

3 or prosecute under the Fair Housing Act any otherwise 

4 lawful activity engaged in by one or more persons, includ5 ing the filing or maintaining of a nonfrivolous legal action, 

6 that is engaged in solely for the purpose of achieving or 

7 preventing action by a Government official or entity, or 

8 a court of competent jurisdiction. 

9 SEC. 203. Except as explicitly provided in law, any 

10 grant, cooperative agreement or other assistance made 

11 pursuant to title II of this Act shall be made on a competi12 tive basis and in accordance with section 102 of the De13 partment of Housing and Urban Development Reform Act 

14 of 1989 (42 U.S.C. 3545). 

15 SEC. 204. Funds of the Department of Housing and 

16 Urban Development subject to the Government Corpora17 tion Control Act or section 402 of the Housing Act of 

18 1950 shall be available, without regard to the limitations 

19 on administrative expenses, for legal services on a contract 

20 or fee basis, and for utilizing and making payment for 

21 services and facilities of the Federal National Mortgage 

22 Association, Government National Mortgage Association, 

23 Federal Home Loan Mortgage Corporation, Federal Fi24 nancing Bank, Federal Reserve banks or any member 

25 thereof, Federal Home Loan banks, and any insured bank 

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1 within the meaning of the Federal Deposit Insurance Cor2 poration Act, as amended (12 U.S.C. 1811–1). 

3 SEC. 205. Unless otherwise provided for in this Act 

4 or through a reprogramming of funds, no part of any ap5 propriation for the Department of Housing and Urban 

6 Development shall be available for any program, project 

7 or activity in excess of amounts set forth in the budget 

8 estimates submitted to Congress. 

9 SEC. 206. Corporations and agencies of the Depart10 ment of Housing and Urban Development which are sub11 ject to the Government Corporation Control Act are here12 by authorized to make such expenditures, within the limits 

13 of funds and borrowing authority available to each such 

14 corporation or agency and in accordance with law, and to 

15 make such contracts and commitments without regard to 

16 fiscal year limitations as provided by section 104 of such 

17 Act as may be necessary in carrying out the programs set 

18 forth in the budget for 2018 for such corporation or agen19 cy except as hereinafter provided: Provided, That collec20 tions of these corporations and agencies may be used for 

21 new loan or mortgage purchase commitments only to the 

22 extent expressly provided for in this Act (unless such loans 

23 are in support of other forms of assistance provided for 

24 in this or prior appropriations Acts), except that this pro25 viso shall not apply to the mortgage insurance or guaranty 

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1 operations of these corporations, or where loans or mort2 gage purchases are necessary to protect the financial in3 terest of the United States Government. 

4 SEC. 207. The Secretary of Housing and Urban De5 velopment shall provide quarterly reports to the House 

6 and Senate Committees on Appropriations regarding all 

7 uncommitted, unobligated, recaptured and excess funds in 

8 each program and activity within the jurisdiction of the 

9 Department and shall submit additional, updated budget 

10 information to these Committees upon request. 

11 SEC. 208. The President’s formal budget request for 

12 fiscal year 2019, as well as the Department of Housing 

13 and Urban Development’s congressional budget justifica14 tions to be submitted to the Committees on Appropriations 

15 of the House of Representatives and the Senate, shall use 

16 the identical account and sub-account structure provided 

17 under this Act. 

18 SEC. 209. No funds provided under this title may be 

19 used for an audit of the Government National Mortgage 

20 Association that makes applicable requirements under the 

21 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

22 SEC. 210. (a) Notwithstanding any other provision 

23 of law, subject to the conditions listed under this section, 

24 for fiscal years 2018 and 2019, the Secretary of Housing 

25 and Urban Development may authorize the transfer of 

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1 some or all project-based assistance, debt held or insured 

2 by the Secretary and statutorily required low-income and 

3 very low-income use restrictions if any, associated with one 

4 or more multifamily housing project or projects to another 

5 multifamily housing project or projects. 

6 (b) PHASED TRANSFERS.—Transfers of project7 based assistance under this section may be done in phases 

8 to accommodate the financing and other requirements re9 lated to rehabilitating or constructing the project or 

10 projects to which the assistance is transferred, to ensure 

11 that such project or projects meet the standards under 

12 subsection (c). 

13 (c) The transfer authorized in subsection (a) is sub14 ject to the following conditions: 

15 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

16 (A) For occupied units in the transferring 

17 project: The number of low-income and very 

18 low-income units and the configuration (i.e., 

19 bedroom size) provided by the transferring 

20 project shall be no less than when transferred 

21 to the receiving project or projects and the net 

22 dollar amount of Federal assistance provided to 

23 the transferring project shall remain the same 

24 in the receiving project or projects. 

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1 (B) For unoccupied units in the transfer2 ring project: The Secretary may authorize a re3 duction in the number of dwelling units in the 

4 receiving project or projects to allow for a re5 configuration of bedroom sizes to meet current 

6 market demands, as determined by the Sec7 retary and provided there is no increase in the 

8 project-based assistance budget authority. 

9 (2) The transferring project shall, as deter10 mined by the Secretary, be either physically obsolete 

11 or economically nonviable. 

12 (3) The receiving project or projects shall meet 

13 or exceed applicable physical standards established 

14 by the Secretary. 

15 (4) The owner or mortgagor of the transferring 

16 project shall notify and consult with the tenants re17 siding in the transferring project and provide a cer18 tification of approval by all appropriate local govern19 mental officials. 

20 (5) The tenants of the transferring project who 

21 remain eligible for assistance to be provided by the 

22 receiving project or projects shall not be required to 

23 vacate their units in the transferring project or 

24 projects until new units in the receiving project are 

25 available for occupancy. 

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1 (6) The Secretary determines that this transfer 

2 is in the best interest of the tenants. 

3 (7) If either the transferring project or the re4 ceiving project or projects meets the condition speci5 fied in subsection (d)(2)(A), any lien on the receiv6 ing project resulting from additional financing ob7 tained by the owner shall be subordinate to any 

8 FHA-insured mortgage lien transferred to, or placed 

9 on, such project by the Secretary, except that the 

10 Secretary may waive this requirement upon deter11 mination that such a waiver is necessary to facilitate 

12 the financing of acquisition, construction, and/or re13 habilitation of the receiving project or projects. 

14 (8) If the transferring project meets the re15 quirements of subsection (d)(2), the owner or mort16 gagor of the receiving project or projects shall exe17 cute and record either a continuation of the existing 

18 use agreement or a new use agreement for the 

19 project where, in either case, any use restrictions in 

20 such agreement are of no lesser duration than the 

21 existing use restrictions. 

22 (9) The transfer does not increase the cost (as 

23 defined in section 502 of the Congressional Budget 

24 Act of 1974, as amended) of any FHA-insured 

25 mortgage, except to the extent that appropriations 

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1 are provided in advance for the amount of any such 

2 increased cost. 

3 (d) For purposes of this section— 

4 (1) the terms ‘‘low-income’’ and ‘‘very low-in5 come’’ shall have the meanings provided by the stat6 ute and/or regulations governing the program under 

7 which the project is insured or assisted; 

8 (2) the term ‘‘multifamily housing project’’ 

9 means housing that meets one of the following con10 ditions— 

11 (A) housing that is subject to a mortgage 

12 insured under the National Housing Act; 

13 (B) housing that has project-based assist14 ance attached to the structure including 

15 projects undergoing mark to market debt re16 structuring under the Multifamily Assisted 

17 Housing Reform and Affordability Housing Act; 

18 (C) housing that is assisted under section 

19 202 of the Housing Act of 1959, as amended 

20 by section 801 of the Cranston-Gonzales Na21 tional Affordable Housing Act; 

22 (D) housing that is assisted under section 

23 202 of the Housing Act of 1959, as such sec24 tion existed before the enactment of the Cran25 ston-Gonzales National Affordable Housing Act; 

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1 (E) housing that is assisted under section 

2 811 of the Cranston-Gonzales National Afford3 able Housing Act; or 

4 (F) housing or vacant land that is subject 

5 to a use agreement; 

6 (3) the term ‘‘project-based assistance’’ 

7 means— 

8 (A) assistance provided under section 8(b) 

9 of the United States Housing Act of 1937; 

10 (B) assistance for housing constructed or 

11 substantially rehabilitated pursuant to assist12 ance provided under section 8(b)(2) of such Act 

13 (as such section existed immediately before Oc14 tober 1, 1983); 

15 (C) rent supplement payments under sec16 tion 101 of the Housing and Urban Develop17 ment Act of 1965; 

18 (D) interest reduction payments under sec19 tion 236 and/or additional assistance payments 

20 under section 236(f)(2) of the National Hous21 ing Act; 

22 (E) assistance payments made under sec23 tion 202(c)(2) of the Housing Act of 1959; and 

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1 (F) assistance payments made under sec2 tion 811(d)(2) of the Cranston-Gonzalez Na3 tional Affordable Housing Act; 

4 (4) the term ‘‘receiving project or projects’’ 

5 means the multifamily housing project or projects to 

6 which some or all of the project-based assistance, 

7 debt, and statutorily required low-income and very 

8 low-income use restrictions are to be transferred; 

9 (5) the term ‘‘transferring project’’ means the 

10 multifamily housing project which is transferring 

11 some or all of the project-based assistance, debt, and 

12 the statutorily required low-income and very low-in13 come use restrictions to the receiving project or 

14 projects; and 

15 (6) the term ‘‘Secretary’’ means the Secretary 

16 of Housing and Urban Development. 

17 (e) RESEARCH REPORT.—The Secretary shall con18 duct an evaluation of the transfer authority under this sec19 tion, including the effect of such transfers on the oper20 ational efficiency, contract rents, physical and financial 

21 conditions, and long-term preservation of the affected 

22 properties. 

23 SEC. 211. (a) No assistance shall be provided under 

24 section 8 of the United States Housing Act of 1937 (42 

25 U.S.C. 1437f) to any individual who— 

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1 (1) is enrolled as a student at an institution of 

2 higher education (as defined under section 102 of 

3 the Higher Education Act of 1965 (20 U.S.C. 

4 1002)); 

5 (2) is under 24 years of age; 

6 (3) is not a veteran; 

7 (4) is unmarried; 

8 (5) does not have a dependent child; 

9 (6) is not a person with disabilities, as such 

10 term is defined in section 3(b)(3)(E) of the United 

11 States Housing Act of 1937 (42 U.S.C. 

12 1437a(b)(3)(E)) and was not receiving assistance 

13 under such section 8 as of November 30, 2005; 

14 (7) is not a youth who left foster care at age 

15 14 or older and is at risk of becoming homeless; and 

16 (8) is not otherwise individually eligible, or has 

17 parents who, individually or jointly, are not eligible, 

18 to receive assistance under section 8 of the United 

19 States Housing Act of 1937 (42 U.S.C. 1437f). 

20 (b) For purposes of determining the eligibility of a 

21 person to receive assistance under section 8 of the United 

22 States Housing Act of 1937 (42 U.S.C. 1437f), any finan23 cial assistance (in excess of amounts received for tuition 

24 and any other required fees and charges) that an indi25 vidual receives under the Higher Education Act of 1965 

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1 (20 U.S.C. 1001 et seq.), from private sources, or an insti2 tution of higher education (as defined under the Higher 

3 Education Act of 1965 (20 U.S.C. 1002)), shall be consid4 ered income to that individual, except for a person over 

5 the age of 23 with dependent children. 

6 SEC. 212. The funds made available for Native Alas7 kans under the heading ‘‘Native American Housing Block 

8 Grants’’ in title II of this Act shall be allocated to the 

9 same Native Alaskan housing block grant recipients that 

10 received funds in fiscal year 2005. 

11 SEC. 213. Notwithstanding the limitation in the first 

12 sentence of section 255(g) of the National Housing Act 

13 (12 U.S.C. 1715z–20(g)), the Secretary of Housing and 

14 Urban Development may, until September 30, 2018, in15 sure and enter into commitments to insure mortgages 

16 under such section 255. 

17 SEC. 214. Notwithstanding any other provision of 

18 law, in fiscal year 2018, in managing and disposing of any 

19 multifamily property that is owned or has a mortgage held 

20 by the Secretary of Housing and Urban Development, and 

21 during the process of foreclosure on any property with a 

22 contract for rental assistance payments under section 8 

23 of the United States Housing Act of 1937 or other Fed24 eral programs, the Secretary shall maintain any rental as25 sistance payments under section 8 of the United States 

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1 Housing Act of 1937 and other programs that are at2 tached to any dwelling units in the property. To the extent 

3 the Secretary determines, in consultation with the tenants 

4 and the local government, that such a multifamily prop5 erty owned or held by the Secretary is not feasible for con6 tinued rental assistance payments under such section 8 

7 or other programs, based on consideration of (1) the costs 

8 of rehabilitating and operating the property and all avail9 able Federal, State, and local resources, including rent ad10 justments under section 524 of the Multifamily Assisted 

11 Housing Reform and Affordability Act of 1997 

12 (‘‘MAHRAA’’) and (2) environmental conditions that can13 not be remedied in a cost-effective fashion, the Secretary 

14 may, in consultation with the tenants of that property, 

15 contract for project-based rental assistance payments with 

16 an owner or owners of other existing housing properties, 

17 or provide other rental assistance. The Secretary shall also 

18 take appropriate steps to ensure that project-based con19 tracts remain in effect prior to foreclosure, subject to the 

20 exercise of contractual abatement remedies to assist relo21 cation of tenants for imminent major threats to health and 

22 safety after written notice to and informed consent of the 

23 affected tenants and use of other available remedies, such 

24 as partial abatements or receivership. After disposition of 

25 any multifamily property described under this section, the 

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1 contract and allowable rent levels on such properties shall 

2 be subject to the requirements under section 524 of 

3 MAHRAA. 

4 SEC. 215. The commitment authority funded by fees 

5 as provided under the heading ‘‘Community Development 

6 Loan Guarantees Program Account’’ may be used to guar7 antee, or make commitments to guarantee, notes, or other 

8 obligations issued by any State on behalf of non-entitle9 ment communities in the State in accordance with the re10 quirements of section 108 of the Housing and Community 

11 Development Act of 1974: Provided, That any State re12 ceiving such a guarantee or commitment shall distribute 

13 all funds subject to such guarantee to the units of general 

14 local government in non-entitlement areas that received 

15 the commitment. 

16 SEC. 216. Public housing agencies that own and oper17 ate 400 or fewer public housing units may elect to be ex18 empt from any asset management requirement imposed by 

19 the Secretary of Housing and Urban Development in con20 nection with the operating fund rule: Provided, That an 

21 agency seeking a discontinuance of a reduction of subsidy 

22 under the operating fund formula shall not be exempt 

23 from asset management requirements. 

24 SEC. 217. With respect to the use of amounts pro25 vided in this Act and in future Acts for the operation, capMarch 21, 2018 (6:08 p.m.)
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1 ital improvement and management of public housing as 

2 authorized by sections 9(d) and 9(e) of the United States 

3 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

4 Secretary shall not impose any requirement or guideline 

5 relating to asset management that restricts or limits in 

6 any way the use of capital funds for central office costs 

7 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

8 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro9 vided, That a public housing agency may not use capital 

10 funds authorized under section 9(d) for activities that are 

11 eligible under section 9(e) for assistance with amounts 

12 from the operating fund in excess of the amounts per13 mitted under section 9(g)(1) or 9(g)(2). 

14 SEC. 218. No official or employee of the Department 

15 of Housing and Urban Development shall be designated 

16 as an allotment holder unless the Office of the Chief Fi17 nancial Officer has determined that such allotment holder 

18 has implemented an adequate system of funds control and 

19 has received training in funds control procedures and di20 rectives. The Chief Financial Officer shall ensure that 

21 there is a trained allotment holder for each HUD sub22 office under the accounts ‘‘Executive Offices’’ and ‘‘Ad23 ministrative Support Offices,’’ as well as each account re24 ceiving appropriations for ‘‘Program Office Salaries and 

25 Expenses’’, ‘‘Government National Mortgage AssociaMarch 21, 2018 (6:08 p.m.)
1719 

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1 tion—Guarantees of Mortgage-Backed Securities Loan 

2 Guarantee Program Account’’, and ‘‘Office of Inspector 

3 General’’ within the Department of Housing and Urban 

4 Development. 

5 SEC. 219. The Secretary of the Department of Hous6 ing and Urban Development shall, for fiscal year 2018, 

7 notify the public through the Federal Register and other 

8 means, as determined appropriate, of the issuance of a no9 tice of the availability of assistance or notice of funding 

10 availability (NOFA) for any program or discretionary 

11 fund administered by the Secretary that is to be competi12 tively awarded. Notwithstanding any other provision of 

13 law, for fiscal year 2018, the Secretary may make the 

14 NOFA available only on the Internet at the appropriate 

15 Government web site or through other electronic media, 

16 as determined by the Secretary. 

17 SEC. 220. Payment of attorney fees in program-re18 lated litigation shall be paid from the individual program 

19 office and Office of General Counsel salaries and expenses 

20 appropriations. The annual budget submission for the pro21 gram offices and the Office of General Counsel shall in22 clude any such projected litigation costs for attorney fees 

23 as a separate line item request. No funds provided in this 

24 title may be used to pay any such litigation costs for attor25 ney fees until the Department submits for review a spendMarch 21, 2018 (6:08 p.m.)
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1 ing plan for such costs to the House and Senate Commit2 tees on Appropriations. 

3 SEC. 221. The Secretary is authorized to transfer up 

4 to 10 percent or $5,000,000, whichever is less, of funds 

5 appropriated for any office under the heading ‘‘Adminis6 trative Support Offices’’ or for any account under the gen7 eral heading ‘‘Program Office Salaries and Expenses’’ to 

8 any other such office or account: Provided, That no appro9 priation for any such office or account shall be increased 

10 or decreased by more than 10 percent or $5,000,000, 

11 whichever is less, without prior written approval of the 

12 House and Senate Committees on Appropriations: Pro13 vided further, That the Secretary shall provide notification 

14 to such Committees three business days in advance of any 

15 such transfers under this section up to 10 percent or 

16 $5,000,000, whichever is less. 

17 SEC. 222. (a) Any entity receiving housing assistance 

18 payments shall maintain decent, safe, and sanitary condi19 tions, as determined by the Secretary of Housing and 

20 Urban Development (in this section referred to as the 

21 ‘‘Secretary’’), and comply with any standards under appli22 cable State or local laws, rules, ordinances, or regulations 

23 relating to the physical condition of any property covered 

24 under a housing assistance payment contract. 

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1 (b) The Secretary shall take action under subsection 

2 (c) when a multifamily housing project with a section 8 

3 contract or contract for similar project-based assistance— 

4 (1) receives a Uniform Physical Condition 

5 Standards (UPCS) score of 60 or less; or 

6 (2) fails to certify in writing to the Secretary 

7 within 3 days that all Exigent Health and Safety de8 ficiencies identified by the inspector at the project 

9 have been corrected. 

10 Such requirements shall apply to insured and noninsured 

11 projects with assistance attached to the units under sec12 tion 8 of the United States Housing Act of 1937 (42 

13 U.S.C. 1437f), but do not apply to such units assisted 

14 under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 

15 public housing units assisted with capital or operating 

16 funds under section 9 of the United States Housing Act 

17 of 1937 (42 U.S.C. 1437g). 

18 (c)(1) Within 15 days of the issuance of the REAC 

19 inspection, the Secretary must provide the owner with a 

20 Notice of Default with a specified timetable, determined 

21 by the Secretary, for correcting all deficiencies. The Sec22 retary must also provide a copy of the Notice of Default 

23 to the tenants, the local government, any mortgagees, and 

24 any contract administrator. If the owner’s appeal results 

March 21, 2018 (6:08 p.m.)
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1 in a UPCS score of 60 or above, the Secretary may with2 draw the Notice of Default. 

3 (2) At the end of the time period for correcting all 

4 deficiencies specified in the Notice of Default, if the owner 

5 fails to fully correct such deficiencies, the Secretary may— 

6 (A) require immediate replacement of project 

7 management with a management agent approved by 

8 the Secretary; 

9 (B) impose civil money penalties, which shall be 

10 used solely for the purpose of supporting safe and 

11 sanitary conditions at applicable properties, as des12 ignated by the Secretary, with priority given to the 

13 tenants of the property affected by the penalty; 

14 (C) abate the section 8 contract, including par15 tial abatement, as determined by the Secretary, until 

16 all deficiencies have been corrected; 

17 (D) pursue transfer of the project to an owner, 

18 approved by the Secretary under established proce19 dures, which will be obligated to promptly make all 

20 required repairs and to accept renewal of the assist21 ance contract as long as such renewal is offered; 

22 (E) transfer the existing section 8 contract to 

23 another project or projects and owner or owners; 

24 (F) pursue exclusionary sanctions, including 

25 suspensions or debarments from Federal programs; 

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1 (G) seek judicial appointment of a receiver to 

2 manage the property and cure all project deficiencies 

3 or seek a judicial order of specific performance re4 quiring the owner to cure all project deficiencies; 

5 (H) work with the owner, lender, or other re6 lated party to stabilize the property in an attempt 

7 to preserve the property through compliance, trans8 fer of ownership, or an infusion of capital provided 

9 by a third-party that requires time to effectuate; or 

10 (I) take any other regulatory or contractual 

11 remedies available as deemed necessary and appro12 priate by the Secretary. 

13 (d) The Secretary shall also take appropriate steps 

14 to ensure that project-based contracts remain in effect, 

15 subject to the exercise of contractual abatement remedies 

16 to assist relocation of tenants for major threats to health 

17 and safety after written notice to the affected tenants. To 

18 the extent the Secretary determines, in consultation with 

19 the tenants and the local government, that the property 

20 is not feasible for continued rental assistance payments 

21 under such section 8 or other programs, based on consid22 eration of— 

23 (1) the costs of rehabilitating and operating the 

24 property and all available Federal, State, and local 

25 resources, including rent adjustments under section 

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1 524 of the Multifamily Assisted Housing Reform 

2 and Affordability Act of 1997 (‘‘MAHRAA’’); and 

3 (2) environmental conditions that cannot be 

4 remedied in a cost-effective fashion, the Secretary 

5 may contract for project-based rental assistance pay6 ments with an owner or owners of other existing 

7 housing properties, or provide other rental assist8 ance. 

9 (e) The Secretary shall report quarterly on all prop10 erties covered by this section that are assessed through 

11 the Real Estate Assessment Center and have UPCS phys12 ical inspection scores of less than 60 or have received an 

13 unsatisfactory management and occupancy review within 

14 the past 36 months. The report shall include— 

15 (1) the enforcement actions being taken to ad16 dress such conditions, including imposition of civil 

17 money penalties and termination of subsidies, and 

18 identify properties that have such conditions mul19 tiple times; 

20 (2) actions that the Department of Housing 

21 and Urban Development is taking to protect tenants 

22 of such identified properties; and 

23 (3) any administrative or legislative rec24 ommendations to further improve the living condiMarch 21, 2018 (6:08 p.m.)
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1 tions at properties covered under a housing assist2 ance payment contract. 

3 This report shall be due to the Senate and House Commit4 tees on Appropriations no later than 30 days after the 

5 enactment of this Act, and on the first business day of 

6 each Federal fiscal year quarter thereafter while this sec7 tion remains in effect. 

8 SEC. 223. None of the funds made available by this 

9 Act, or any other Act, for purposes authorized under sec10 tion 8 (only with respect to the tenant-based rental assist11 ance program) and section 9 of the United States Housing 

12 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

13 any public housing agency for any amount of salary, in14 cluding bonuses, for the chief executive officer of which, 

15 or any other official or employee of which, that exceeds 

16 the annual rate of basic pay payable for a position at level 

17 IV of the Executive Schedule at any time during any pub18 lic housing agency fiscal year 2018. 

19 SEC. 224. Notwithstanding section 24(o) of the 

20 United States Housing Act of 1937 (42 U.S.C. 1437v(o)), 

21 the Secretary of Housing and Urban Development may, 

22 until September 30, 2018, obligate any available unobli23 gated balances made available under the heading ‘‘Choice 

24 Neighborhoods Initiative’’ in this Act or any prior Act. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 225. None of the funds in this Act provided to 

2 the Department of Housing and Urban Development may 

3 be used to make a grant award unless the Secretary noti4 fies the House and Senate Committees on Appropriations 

5 not less than 3 full business days before any project, 

6 State, locality, housing authority, tribe, nonprofit organi7 zation, or other entity selected to receive a grant award 

8 is announced by the Department or its offices. 

9 SEC. 226. None of the funds made available by this 

10 Act may be used to require or enforce the Physical Needs 

11 Assessment (PNA). 

12 SEC. 227. None of the funds made available in this 

13 Act shall be used by the Federal Housing Administration, 

14 the Government National Mortgage Administration, or the 

15 Department of Housing and Urban Development to in16 sure, securitize, or establish a Federal guarantee of any 

17 mortgage or mortgage backed security that refinances or 

18 otherwise replaces a mortgage that has been subject to 

19 eminent domain condemnation or seizure, by a State, mu20 nicipality, or any other political subdivision of a State. 

21 SEC. 228. None of the funds made available by this 

22 Act may be used to terminate the status of a unit of gen23 eral local government as a metropolitan city (as defined 

24 in section 102 of the Housing and Community DevelopMarch 21, 2018 (6:08 p.m.)
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1 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

2 grants under section 106 of such Act (42 U.S.C. 5306). 

3 SEC. 229. Amounts made available under this Act 

4 which are either appropriated, allocated, advanced on a 

5 reimbursable basis, or transferred to the Office of Policy 

6 Development and Research in the Department of Housing 

7 and Urban Development and functions thereof, for re8 search, evaluation, or statistical purposes, and which are 

9 unexpended at the time of completion of a contract, grant, 

10 or cooperative agreement, may be deobligated and shall 

11 immediately become available and may be reobligated in 

12 that fiscal year or the subsequent fiscal year for the re13 search, evaluation, or statistical purposes for which the 

14 amounts are made available to that Office subject to re15 programming requirements in section 405 of this Act. 

16 SEC. 230. None of the funds provided in this Act or 

17 any other act may be used for awards, including perform18 ance, special act, or spot, for any employee of the Depart19 ment of Housing and Urban Development who has been 

20 subject to administrative discipline in fiscal years 2017 or 

21 2018, including suspension from work. 

22 SEC. 231. Funds made available in this title under 

23 the heading ‘‘Homeless Assistance Grants’’ may be used 

24 by the Secretary to participate in Performance Partner25 ship Pilots authorized under section 526 of division H of 

March 21, 2018 (6:08 p.m.)
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1 Public Law 113–76, section 524 of division G of Public 

2 Law 113–235, section 525 of division H of Public Law 

3 114–113, and such authorities as are enacted for Perform4 ance Partnership Pilots in an appropriations Act for fiscal 

5 year 2018: Provided, That such participation shall be lim6 ited to no more than 10 continuums of care and housing 

7 activities to improve outcomes for disconnected youth. 

8 SEC. 232. With respect to grant amounts awarded 

9 under the heading ‘‘Homeless Assistance Grants’’ for fis10 cal years 2015, 2016, 2017, and 2018 for the continuum 

11 of care (CoC) program as authorized under subtitle C of 

12 title IV of the McKinney-Vento Homeless Assistance Act, 

13 costs paid by program income of grant recipients may 

14 count toward meeting the recipient’s matching require15 ments, provided the costs are eligible CoC costs that sup16 plement the recipient’s CoC program. 

17 SEC. 233. (a) From amounts made available under 

18 this title under the heading ‘‘Homeless Assistance 

19 Grants’’, the Secretary may award 1-year transition 

20 grants to recipients of funds for activities under subtitle 

21 C of the McKinney-Vento Homeless Assistance Act (42 

22 U.S.C. 11381 et seq.) to transition from one Continuum 

23 of Care program component to another. 

March 21, 2018 (6:08 p.m.)
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1 (b) No more than 50 percent of each transition grant 

2 may be used for costs of eligible activities of the program 

3 component originally funded. 

4 (c) Transition grants made under this section are eli5 gible for renewal in subsequent fiscal years for the eligible 

6 activities of the new program component. 

7 (d) In order to be eligible to receive a transition 

8 grant, the funding recipient must have the consent of the 

9 Continuum of Care and meet standards determined by the 

10 Secretary. 

11 SEC. 234. None of the funds made available by this 

12 Act may be used by the Department of Housing and 

13 Urban Development to direct a grantee to undertake spe14 cific changes to existing zoning laws as part of carrying 

15 out the final rule entitled ‘‘Affirmatively Furthering Fair 

16 Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 

17 notice entitled ‘‘Affirmatively Furthering Fair Housing 

18 Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 

19 2014)). 

20 SEC. 235. Section 218(g) of the Cranston-Gonzalez 

21 National Affordable Housing Act (42 U.S.C. 12748(g)) 

22 shall not apply with respect to the right of a jurisdiction 

23 to draw funds from its HOME Investment Trust Fund 

24 that otherwise expired or would expire in 2016, 2017, 

25 2018, 2019, or 2020 under that section. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 236. Section 579 of the Multifamily Assisted 

2 Housing Reform and Affordability Act of 1997 (42 U.S.C. 

3 1437f note) is amended by striking ‘‘October 1, 2017’’ 

4 each place it appears and inserting in lieu thereof ‘‘Octo5 ber 1, 2022’’. 

6 SEC. 237. The language under the heading ‘‘Rental 

7 Assistance Demonstration’’ in the Department of Housing 

8 and Urban Development Appropriations Act, 2012 (Public 

9 Law 112–55), as amended by Public Law 113–76, Public 

10 Law 113–235, Public Law 114–113, and Public Law 115– 

11 31, is amended— 

12 (1) in the second proviso, by striking ‘‘Sep13 tember 30, 2020’’ and inserting ‘‘September 30, 

14 2024’’; 

15 (2) in the matter preceding the first proviso, by 

16 inserting the following before the colon: ‘‘(herein the 

17 ’First Component’)’’; 

18 (3) in the fourth proviso, by striking ‘‘225,000’’ 

19 and inserting ‘‘455,000’’; 

20 (4) in the fourteenth proviso, by— 

21 (A) inserting ‘‘or nonprofit’’ before ‘‘entity, 

22 then a capable entity,’’; and 

23 (B) striking ‘‘preserves its interest’’ and 

24 inserting ‘‘or a nonprofit entity preserves an in25 terest’’; 

March 21, 2018 (6:08 p.m.)
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1 (5) in the eighteenth proviso, by— 

2 (A) inserting ‘‘or with a project rental as3 sistance contract under section 202(c)(2) of the 

4 Housing Act of 1959,’’ after ‘‘section 8(o) of 

5 the Act,’’; 

6 (B) inserting ‘‘the subordination, restruc7 turing, or both, of any capital advance docu8 mentation, including any note, mortgage, use 

9 agreement or other agreements, evidencing or 

10 securing a capital advance previously provided 

11 by the Secretary under section 202(c)(1) of the 

12 Housing Act of 1959 as necessary to facilitate 

13 the conversion of assistance while maintaining 

14 the affordability period and the designation of 

15 the property as serving elderly persons, and,’’ 

16 following ‘‘including but not limited to’’; 

17 (C) inserting ‘‘or assistance contracts’’ 

18 after ‘‘for such vouchers’’; 

19 (D) striking ‘‘of Housing and Urban De20 velopment’’ after ‘‘Secretary’’; and 

21 (E) inserting the following before the 

22 colon: ‘‘(herein the ’Second Component’)’’; 

23 (6) by inserting the following provisos after the 

24 eighteenth proviso: 

March 21, 2018 (6:08 p.m.)
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1 ‘‘Provided further, That contracts provided to properties 

2 converting assistance from section 101 of the Housing and 

3 Urban Development Act of 1965 or section 236(f)(2) of 

4 the National Housing Act located in high-cost areas shall 

5 have initial rents set at comparable market rents for the 

6 market area: Provided further, That conversions of assist7 ance under the Second Component may not be the basis 

8 for re-screening or termination of assistance or eviction 

9 of any tenant family in a property participating in the 

10 demonstration and such a family shall not be considered 

11 a new admission for any purpose, including compliance 

12 with income targeting:’’; 

13 (7) in the twenty-first proviso, as reordered 

14 above, by striking ‘‘the previous proviso’’ and all 

15 that follows through the end of the proviso and in16 serting ‘‘the Second Component, except for conver17 sion of section 202 project rental assistance con18 tracts, shall be available for project-based subsidy 

19 contracts entered into pursuant to the Second Com20 ponent:’’; 

21 (8) in the twenty-second proviso, as reordered 

22 above, by striking ‘‘the previous two provisos’’ and 

23 inserting ‘‘the Second Component, except for conver24 sion of section 202 project rental assistance con25 tracts,’’; 

March 21, 2018 (6:08 p.m.)
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1 (9) in the twenty-third proviso, as reordered 

2 above, by striking ‘‘the three previous provisos’’ and 

3 inserting ‘‘the Second Component, except for conver4 sion of section 202 project rental assistance con5 tracts,’’; and 

6 (10) by inserting the following proviso before 

7 the final proviso: 

8 ‘‘Provided further, That the Secretary may transfer 

9 amounts made available under the heading ‘Housing for 

10 the Elderly’ to the accounts under the headings ‘Project11 Based Rental Assistance’ or ‘Tenant-Based Rental Assist12 ance’ to facilitate any section 202 project rental assistance 

13 contract conversions under the Second Component, and 

14 any increase in cost for ‘Project-Based Rental Assistance’ 

15 or ‘Tenant-Based Rental Assistance’ associated with such 

16 conversion shall be equal to amounts so transferred:’’. 

17 SEC. 238. None of the funds made available under 

18 this Act may be used to interfere with State and local in19 spections of public housing dwelling units. 

20 SEC. 239. The Promise Zone designations and Prom21 ise Zone Designation Agreements entered into pursuant 

22 to such designations, made by the Secretary of Housing 

23 and Urban Development in prior fiscal years, shall remain 

24 in effect in accordance with the terms and conditions of 

25 such agreements. 

March 21, 2018 (6:08 p.m.)
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1 SEC. 240. Section 153 of the Continuing Appropria2 tions Act, 2018 (as added by section 2001(2) of Public 

3 Law 115–120) is repealed. 

4 This title may be cited as the ‘‘Department of Hous5 ing and Urban Development Appropriations Act, 2018’’. 

March 21, 2018 (6:08 p.m.)
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1 TITLE III 

2 RELATED AGENCIES 

3 ACCESS BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Access Board, as au6 thorized by section 502 of the Rehabilitation Act of 1973, 

7 as amended, $8,190,000: Provided, That, notwithstanding 

8 any other provision of law, there may be credited to this 

9 appropriation funds received for publications and training 

10 expenses. 

11 FEDERAL MARITIME COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Maritime 

14 Commission as authorized by section 201(d) of the Mer15 chant Marine Act, 1936, as amended (46 U.S.C. 307), in16 cluding services as authorized by 5 U.S.C. 3109; hire of 

17 passenger motor vehicles as authorized by 31 U.S.C. 

18 1343(b); and uniforms or allowances therefore, as author19 ized by 5 U.S.C. 5901–5902, $27,490,000: Provided, That 

20 not to exceed $2,000 shall be available for official recep21 tion and representation expenses. 

March 21, 2018 (6:08 p.m.)
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1 NATIONAL RAILROAD PASSENGER CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Inspector 

5 General for the National Railroad Passenger Corporation 

6 to carry out the provisions of the Inspector General Act 

7 of 1978, as amended, $23,274,000: Provided, That the In8 spector General shall have all necessary authority, in car9 rying out the duties specified in the Inspector General Act, 

10 as amended (5 U.S.C. App. 3), to investigate allegations 

11 of fraud, including false statements to the government (18 

12 U.S.C. 1001), by any person or entity that is subject to 

13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 

15 enter into contracts and other arrangements for audits, 

16 studies, analyses, and other services with public agencies 

17 and with private persons, subject to the applicable laws 

18 and regulations that govern the obtaining of such services 

19 within the National Railroad Passenger Corporation: Pro20 vided further, That the Inspector General may select, ap21 point, and employ such officers and employees as may be 

22 necessary for carrying out the functions, powers, and du23 ties of the Office of Inspector General, subject to the appli24 cable laws and regulations that govern such selections, ap25 pointments, and employment within the Corporation: ProMarch 21, 2018 (6:08 p.m.)
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1 vided further, That concurrent with the President’s budget 

2 request for fiscal year 2018, the Inspector General shall 

3 submit to the House and Senate Committees on Appro4 priations a budget request for fiscal year 2018 in similar 

5 format and substance to those submitted by executive 

6 agencies of the Federal Government. 

7 NATIONAL TRANSPORTATION SAFETY BOARD

8 SALARIES AND EXPENSES

9 For necessary expenses of the National Transpor10 tation Safety Board, including hire of passenger motor ve11 hicles and aircraft; services as authorized by 5 U.S.C. 

12 3109, but at rates for individuals not to exceed the per 

13 diem rate equivalent to the rate for a GS–15; uniforms, 

14 or allowances therefor, as authorized by law (5 U.S.C. 

15 5901–5902), $110,400,000, of which not to exceed $2,000 

16 may be used for official reception and representation ex17 penses. The amounts made available to the National 

18 Transportation Safety Board in this Act include amounts 

19 necessary to make lease payments on an obligation in20 curred in fiscal year 2001 for a capital lease. 

21 NEIGHBORHOOD REINVESTMENT CORPORATION

22 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

23 CORPORATION

24 For payment to the Neighborhood Reinvestment Cor25 poration for use in neighborhood reinvestment activities, 

March 21, 2018 (6:08 p.m.)
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1 as authorized by the Neighborhood Reinvestment Corpora2 tion Act (42 U.S.C. 8101–8107), $140,000,000, of which 

3 $5,000,000 shall be for a multi-family rental housing pro4 gram. 

5 SURFACE TRANSPORTATION BOARD

6 SALARIES AND EXPENSES

7 For necessary expenses of the Surface Transpor8 tation Board, including services authorized by 5 U.S.C. 

9 3109, $37,100,000: Provided, That notwithstanding any 

10 other provision of law, not to exceed $1,250,000 from fees 

11 established by the Chairman of the Surface Transpor12 tation Board shall be credited to this appropriation as off13 setting collections and used for necessary and authorized 

14 expenses under this heading: Provided further, That the 

15 sum herein appropriated from the general fund shall be 

16 reduced on a dollar-for-dollar basis as such offsetting col17 lections are received during fiscal year 2018, to result in 

18 a final appropriation from the general fund estimated at 

19 no more than $35,850,000. 

20 UNITED STATES INTERAGENCY COUNCIL ON

21 HOMELESSNESS

22 OPERATING EXPENSES

23 For necessary expenses (including payment of sala24 ries, authorized travel, hire of passenger motor vehicles, 

25 the rental of conference rooms, and the employment of exMarch 21, 2018 (6:08 p.m.)
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1 perts and consultants under section 3109 of title 5, United 

2 States Code) of the United States Interagency Council on 

3 Homelessness in carrying out the functions pursuant to 

4 title II of the McKinney-Vento Homeless Assistance Act, 

5 as amended, $3,600,000: Provided, That title II of the 

6 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

7 11311 et seq.) is amended by striking ‘‘October 1, 2018’’ 

8 in section 209 and inserting ‘‘October 1, 2020’’. 

March 21, 2018 (6:08 p.m.)
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1 TITLE IV 

2 GENERAL PROVISIONS—THIS ACT 

3 (INCLUDING RESCISSIONS)

4 SEC. 401. None of the funds in this Act shall be used 

5 for the planning or execution of any program to pay the 

6 expenses of, or otherwise compensate, non-Federal parties 

7 intervening in regulatory or adjudicatory proceedings 

8 funded in this Act. 

9 SEC. 402. None of the funds appropriated in this Act 

10 shall remain available for obligation beyond the current 

11 fiscal year, nor may any be transferred to other appropria12 tions, unless expressly so provided herein. 

13 SEC. 403. The expenditure of any appropriation 

14 under this Act for any consulting service through a pro15 curement contract pursuant to section 3109 of title 5, 

16 United States Code, shall be limited to those contracts 

17 where such expenditures are a matter of public record and 

18 available for public inspection, except where otherwise pro19 vided under existing law, or under existing Executive order 

20 issued pursuant to existing law. 

21 SEC. 404. (a) None of the funds made available in 

22 this Act may be obligated or expended for any employee 

23 training that— 

March 21, 2018 (6:08 p.m.)
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1 (1) does not meet identified needs for knowl2 edge, skills, and abilities bearing directly upon the 

3 performance of official duties; 

4 (2) contains elements likely to induce high lev5 els of emotional response or psychological stress in 

6 some participants; 

7 (3) does not require prior employee notification 

8 of the content and methods to be used in the train9 ing and written end of course evaluation; 

10 (4) contains any methods or content associated 

11 with religious or quasi-religious belief systems or 

12 ‘‘new age’’ belief systems as defined in Equal Em13 ployment Opportunity Commission Notice N– 

14 915.022, dated September 2, 1988; or 

15 (5) is offensive to, or designed to change, par16 ticipants’ personal values or lifestyle outside the 

17 workplace. 

18 (b) Nothing in this section shall prohibit, restrict, or 

19 otherwise preclude an agency from conducting training 

20 bearing directly upon the performance of official duties. 

21 SEC. 405. Except as otherwise provided in this Act, 

22 none of the funds provided in this Act, provided by pre23 vious appropriations Acts to the agencies or entities fund24 ed in this Act that remain available for obligation or ex25 penditure in fiscal year 2018, or provided from any acMarch 21, 2018 (6:08 p.m.)
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1 counts in the Treasury derived by the collection of fees 

2 and available to the agencies funded by this Act, shall be 

3 available for obligation or expenditure through a re4 programming of funds that— 

5 (1) creates a new program; 

6 (2) eliminates a program, project, or activity; 

7 (3) increases funds or personnel for any pro8 gram, project, or activity for which funds have been 

9 denied or restricted by the Congress; 

10 (4) proposes to use funds directed for a specific 

11 activity by either the House or Senate Committees 

12 on Appropriations for a different purpose; 

13 (5) augments existing programs, projects, or ac14 tivities in excess of $5,000,000 or 10 percent, which15 ever is less; 

16 (6) reduces existing programs, projects, or ac17 tivities by $5,000,000 or 10 percent, whichever is 

18 less; or 

19 (7) creates, reorganizes, or restructures a 

20 branch, division, office, bureau, board, commission, 

21 agency, administration, or department different from 

22 the budget justifications submitted to the Commit23 tees on Appropriations or the table accompanying 

24 the explanatory statement accompanying this Act, 

25 whichever is more detailed, unless prior approval is 

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1 received from the House and Senate Committees on 

2 Appropriations: Provided, That not later than 60 

3 days after the date of enactment of this Act, each 

4 agency funded by this Act shall submit a report to 

5 the Committees on Appropriations of the Senate and 

6 of the House of Representatives to establish the 

7 baseline for application of reprogramming and trans8 fer authorities for the current fiscal year: Provided 

9 further, That the report shall include— 

10 (A) a table for each appropriation with a 

11 separate column to display the prior year en12 acted level, the President’s budget request, ad13 justments made by Congress, adjustments due 

14 to enacted rescissions, if appropriate, and the 

15 fiscal year enacted level; 

16 (B) a delineation in the table for each ap17 propriation and its respective prior year enacted 

18 level by object class and program, project, and 

19 activity as detailed in the budget appendix for 

20 the respective appropriation; and 

21 (C) an identification of items of special 

22 congressional interest. 

23 SEC. 406. Except as otherwise specifically provided 

24 by law, not to exceed 50 percent of unobligated balances 

25 remaining available at the end of fiscal year 2018 from 

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1 appropriations made available for salaries and expenses 

2 for fiscal year 2018 in this Act, shall remain available 

3 through September 30, 2019, for each such account for 

4 the purposes authorized: Provided, That a request shall 

5 be submitted to the House and Senate Committees on Ap6 propriations for approval prior to the expenditure of such 

7 funds: Provided further, That these requests shall be made 

8 in compliance with reprogramming guidelines under sec9 tion 405 of this Act. 

10 SEC. 407. No funds in this Act may be used to sup11 port any Federal, State, or local projects that seek to use 

12 the power of eminent domain, unless eminent domain is 

13 employed only for a public use: Provided, That for pur14 poses of this section, public use shall not be construed to 

15 include economic development that primarily benefits pri16 vate entities: Provided further, That any use of funds for 

17 mass transit, railroad, airport, seaport or highway 

18 projects, as well as utility projects which benefit or serve 

19 the general public (including energy-related, communica20 tion-related, water-related and wastewater-related infra21 structure), other structures designated for use by the gen22 eral public or which have other common-carrier or public23 utility functions that serve the general public and are sub24 ject to regulation and oversight by the government, and 

25 projects for the removal of an immediate threat to public 

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1 health and safety or brownfields as defined in the Small 

2 Business Liability Relief and Brownfields Revitalization 

3 Act (Public Law 107–118) shall be considered a public 

4 use for purposes of eminent domain. 

5 SEC. 408. None of the funds made available in this 

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government, except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in, this Act or any other appropriations Act. 

10 SEC. 409. No part of any appropriation contained in 

11 this Act shall be available to pay the salary for any person 

12 filling a position, other than a temporary position, for13 merly held by an employee who has left to enter the Armed 

14 Forces of the United States and has satisfactorily com15 pleted his or her period of active military or naval service, 

16 and has within 90 days after his or her release from such 

17 service or from hospitalization continuing after discharge 

18 for a period of not more than 1 year, made application 

19 for restoration to his or her former position and has been 

20 certified by the Office of Personnel Management as still 

21 qualified to perform the duties of his or her former posi22 tion and has not been restored thereto. 

23 SEC. 410. No funds appropriated pursuant to this 

24 Act may be expended by an entity unless the entity agrees 

25 that in expending the assistance the entity will comply 

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1 with sections 2 through 4 of the Act of March 3, 1933 

2 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 

3 American Act’’). 

4 SEC. 411. No funds appropriated or otherwise made 

5 available under this Act shall be made available to any 

6 person or entity that has been convicted of violating the 

7 Buy American Act (41 U.S.C. 8301–8305). 

8 SEC. 412. None of the funds made available in this 

9 Act may be used for first-class airline accommodations in 

10 contravention of sections 301–10.122 and 301–10.123 of 

11 title 41, Code of Federal Regulations. 

12 SEC. 413. (a) None of the funds made available by 

13 this Act may be used to approve a new foreign air carrier 

14 permit under sections 41301 through 41305 of title 49, 

15 United States Code, or exemption application under sec16 tion 40109 of that title of an air carrier already holding 

17 an air operators certificate issued by a country that is 

18 party to the U.S.-E.U.-Iceland-Norway Air Transport 

19 Agreement where such approval would contravene United 

20 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor21 way Air Transport Agreement. 

22 (b) Nothing in this section shall prohibit, restrict or 

23 otherwise preclude the Secretary of Transportation from 

24 granting a foreign air carrier permit or an exemption to 

25 such an air carrier where such authorization is consistent 

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1 with the U.S.-E.U.-Iceland-Norway Air Transport Agree2 ment and United States law. 

3 SEC. 414. None of the funds made available in this 

4 Act may be used to send or otherwise pay for the attend5 ance of more than 50 employees of a single agency or de6 partment of the United States Government, who are sta7 tioned in the United States, at any single international 

8 conference unless the relevant Secretary reports to the 

9 House and Senate Committees on Appropriations at least 

10 5 days in advance that such attendance is important to 

11 the national interest: Provided, That for purposes of this 

12 section the term ‘‘international conference’’ shall mean a 

13 conference occurring outside of the United States attended 

14 by representatives of the United States Government and 

15 of foreign governments, international organizations, or 

16 nongovernmental organizations. 

17 SEC. 415. None of the funds appropriated or other18 wise made available under this Act may be used by the 

19 Surface Transportation Board to charge or collect any fil20 ing fee for rate or practice complaints filed with the Board 

21 in an amount in excess of the amount authorized for dis22 trict court civil suit filing fees under section 1914 of title 

23 28, United States Code. 

24 SEC. 416. None of the funds made available by this 

25 Act may be used by the Department of Transportation, 

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1 the Department of Housing and Urban Development, or 

2 any other Federal agency to lease or purchase new light 

3 duty vehicles for any executive fleet, or for an agency’s 

4 fleet inventory, except in accordance with Presidential 

5 Memorandum—Federal Fleet Performance, dated May 

6 24, 2011. 

7 SEC. 417. (a) All unobligated balances, including re8 captures and carryover, remaining from funds appro9 priated in division K of Public Law 115–31 for ‘‘Depart10 ment of Transportation-Office of the Secretary-Salaries 

11 and Expenses’’, ‘‘Department of Transportation-Office of 

12 the Secretary-Office of Civil Rights’’, ‘‘Department of 

13 Transportation-Office of the Secretary-Small and Dis14 advantaged Business Utilization and Outreach’’, ‘‘Depart15 ment of Transportation-Federal Transit Administration16 Administrative Expenses’’, ‘‘Department of Transpor17 tation-Pipeline and Hazardous Materials Safety Adminis18 tration-Operational Expenses’’, ‘‘Access Board-Salaries 

19 and Expenses’’, ‘‘Federal Maritime Commission-Salaries 

20 and Expenses’’, ‘‘National Railroad Passenger Corpora21 tion-Office of Inspector General-Salaries and Expenses’’, 

22 ‘‘National Transportation Safety Board-Salaries and Ex23 penses’’, and ‘‘United States Interagency Council on 

24 Homelessness-Operating Expenses’’ are rescinded. 

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1 (b) All unobligated balances, including recaptures 

2 and carryover, remaining from funds appropriated in divi3 sion K of Public Law 115–31 for accounts under the head4 ings ‘‘Department of Housing and Urban Development5 Management and Administration’’ and ‘‘Department of 

6 Housing and Urban Development-Program Office Salaries 

7 and Expenses’’ are rescinded. 

8 SEC. 418. (a) None of the funds made available in 

9 this Act may be used to maintain or establish a computer 

10 network unless such network blocks the viewing, 

11 downloading, and exchanging of pornography. 

12 (b) Nothing in subsection (a) shall limit the use of 

13 funds necessary for any Federal, State, tribal, or local law 

14 enforcement agency or any other entity carrying out crimi15 nal investigations, prosecution, or adjudication activities. 

16 SEC. 419. (a) None of the funds made available in 

17 this Act may be used to deny an Inspector General funded 

18 under this Act timely access to any records, documents, 

19 or other materials available to the department or agency 

20 over which that Inspector General has responsibilities 

21 under the Inspector General Act of 1978 (5 U.S.C. App.), 

22 or to prevent or impede that Inspector General’s access 

23 to such records, documents, or other materials, under any 

24 provision of law, except a provision of law that expressly 

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1 refers to the Inspector General and expressly limits the 

2 Inspector General’s right of access. 

3 (b) A department or agency covered by this section 

4 shall provide its Inspector General with access to all such 

5 records, documents, and other materials in a timely man6 ner. 

7 (c) Each Inspector General shall ensure compliance 

8 with statutory limitations on disclosure relevant to the in9 formation provided by the establishment over which that 

10 Inspector General has responsibilities under the Inspector 

11 General Act of 1978 (5 U.S.C. App.). 

12 (d) Each Inspector General covered by this section 

13 shall report to the Committees on Appropriations of the 

14 House of Representatives and the Senate within 5 cal15 endar days any failures to comply with this requirement. 

16 SEC. 420. (a) TERMINAL AERODROME FORECAST.— 

17 The Administrator shall permit an air carrier operation 

18 under part 121 of title 14, Code of Federal Regulations, 

19 to operate to a destination determined to be under visual 

20 flight rules without a Terminal Aerodrome Forecast or 

21 Meteorological Aerodrome Report if a current Area Fore22 cast, supplemented by other local weather observations or 

23 reports, is available, and an alternate airport that has an 

24 available Terminal Aerodome Forecast and weather report 

25 is specified. The air carrier shall have approved procedures 

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1 for dispatch and enroute weather evaluation and shall op2 erate under instrument flight rules enroute to the destina3 tion. 

4 (b) LIMITATION.—Without a written finding of neces5 sity, based on objective and historical evidence of immi6 nent threat to safety, the Administrator shall not promul7 gate any operation specification, policy, or guidance docu8 ment that is more restrictive than, or requires procedures 

9 that are not expressly stated in, the regulations. 

10 SEC. 421. Section 149(m) of title 23, United States 

11 Code, is amended by adding ‘‘or on a State-Supported 

12 Amtrak route with a valid cost-sharing agreement under 

13 section 209 of the Passenger Rail Investment and Im14 provement Act of 2008 and no current nonattainment 

15 areas under subsection (d),’’ after ‘‘2012,’’. 

16 This division may be cited as the ‘‘Transportation, 

17 Housing and Urban Development, and Related Agencies 

18 Appropriations Act, 2018’’. 

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1 DIVISION M—EXTENSIONS 

2 TITLE I—AIRPORT AND AIRWAY 

3 EXTENSION ACT OF 2018 

4 SECTION 1. SHORT TITLE. 

5 This title may be cited as the ‘‘Airport and Airway 

6 Extension Act of 2018’’. 

7 Subtitle A—Federal Aviation 

8 Programs 

9 SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PRO10 GRAM. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 48103(a) of title 49, United States Code, is amended by 

13 striking ‘‘2012’’ and all that follows through the period 

14 at the end and inserting ‘‘2012 through 2018.’’. 

15 (b) PROJECT GRANT AUTHORITY.—Section 47104(c) 

16 of title 49, United States Code, is amended in the matter 

17 preceding paragraph (1) by striking ‘‘March 31, 2018,’’ 

18 and inserting ‘‘September 30, 2018,’’. 

19 SEC. 102. EXTENSION OF EXPIRING AUTHORITIES. 

20 (a) Section 47107(r)(3) of title 49, United States 

21 Code, is amended by striking ‘‘April 1, 2018’’ and insert22 ing ‘‘October 1, 2018’’. 

23 (b) Section 47115(j) of title 49, United States Code, 

24 is amended by striking ‘‘2017 and for the period beginning 

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1 on October 1, 2017, and ending on March 31, 2018’’ and 

2 inserting ‘‘2018’’. 

3 (c) Section 47124(b)(3)(E) of title 49, United States 

4 Code, is amended by striking ‘‘2012’’ and all that follows 

5 through ‘‘2018,’’ and inserting ‘‘2012 through 2018’’. 

6 (d) Section 47141(f) of title 49, United States Code, 

7 is amended by striking ‘‘March 31, 2018’’ and inserting 

8 ‘‘September 30, 2018’’. 

9 (e) Section 186(d) of the Vision 100–Century of 

10 Aviation Reauthorization Act (117 Stat. 2518) is amended 

11 by striking ‘‘2017 and for the period beginning on October 

12 1, 2017, and ending on March 31, 2018,’’ and inserting 

13 ‘‘2018’’. 

14 (f) Section 409(d) of the Vision 100–Century of Avia15 tion Reauthorization Act (49 U.S.C. 41731 note) is 

16 amended by striking ‘‘March 31, 2018’’ and inserting 

17 ‘‘September 30, 2018’’. 

18 (g) Section 411(h) of the FAA Modernization and 

19 Reform Act of 2012 (49 U.S.C. 42301 prec. note) is 

20 amended by striking ‘‘March 31, 2018’’ and inserting 

21 ‘‘September 30, 2018’’. 

22 (h) Section 822(k) of the FAA Modernization and 

23 Reform Act of 2012 (49 U.S.C. 47141 note) is amended 

24 by striking ‘‘March 31, 2018’’ and inserting ‘‘September 

25 30, 2018’’. 

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1 (i) Section 2306(b) of the FAA Extension, Safety, 

2 and Security Act of 2016 (130 Stat. 641) is amended by 

3 striking ‘‘April 1, 2018’’ and inserting ‘‘October 1, 2018’’. 

4 SEC. 103. FEDERAL AVIATION ADMINISTRATION OPER5 ATIONS. 

6 Section 106(k) of title 49, United States Code, is 

7 amended— 

8 (1) in paragraph (1) by striking subparagraph 

9 (F) and inserting the following: 

10 ‘‘(F) $10,025,852,000 for fiscal year 

11 2018.’’; and 

12 (2) in paragraph (3) by striking ‘‘2017 and for 

13 the period beginning on October 1, 2017, and ending 

14 on March 31, 2018’’ and inserting ‘‘2018’’. 

15 SEC. 104. SMALL COMMUNITY AIR SERVICE. 

16 (a) ESSENTIAL AIR SERVICE AUTHORIZATION.—Sec17 tion 41742(a)(2) of title 49, United States Code, is 

18 amended by striking ‘‘2016’’ and all that follows through 

19 ‘‘2018,’’ and inserting ‘‘2016 and 2017, and 

20 $150,000,000 for fiscal year 2018’’. 

21 (b) AIRPORTS NOT RECEIVING SUFFICIENT SERV22 ICE.—Section 41743(e)(2) of title 49, United States Code, 

23 is amended by striking ‘‘2012’’ and all that follows 

24 through ‘‘2018,’’ and inserting ‘‘2012 through 2017 and 

25 $10,000,000 for fiscal year 2018’’. 

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1 SEC. 105. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

2 Section 48101(a) of title 49, United States Code, is 

3 amended— 

4 (1) in paragraph (5) by striking ‘‘2016 and 

5 2017’’ and inserting ‘‘2016 through 2018’’; and 

6 (2) by striking paragraph (6). 

7 SEC. 106. RESEARCH, ENGINEERING, AND DEVELOPMENT. 

8 Section 48102(a)(10) of title 49, United States Code, 

9 is amended to read as follows: 

10 ‘‘(10) $176,500,000 for fiscal year 2018.’’. 

11 SEC. 107. FUNDING FOR AVIATION PROGRAMS. 

12 The budget authority authorized in this title, includ13 ing the amendments made by this title, shall be deemed 

14 to satisfy the requirements of subsections (a)(1)(B) and 

15 (a)(2) of section 48114 of title 49, United States Code, 

16 for fiscal year 2018. 

17 SEC. 108. CONTROLLER HIRING. 

18 Section 44506(f) of title 49, United States Code, is 

19 amended— 

20 (1) in paragraph (1) by adding at the end the 

21 following: 

22 ‘‘(C) SPECIAL RULE.— 

23 ‘‘(i) IN GENERAL.—Notwithstanding 

24 subparagraph (B), after giving preferential 

25 consideration to applicants under subpara26 graph (A) and if, after consulting with the 

March 21, 2018 (6:08 p.m.)
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1 labor organization recognized as the exclu2 sive representative of air traffic controllers 

3 under section 7111 of title 5, the Adminis4 trator determines there are unique cir5 cumstances affecting a covered facility that 

6 warrant a vacancy announcement with a 

7 limited area of consideration, the Adminis8 trator may consider applicants for the po9 sition of air traffic controller who apply 

10 under a vacancy announcement recruiting 

11 from the local commuting area for that 

12 covered facility. 

13 ‘‘(ii) BIOGRAPHICAL ASSESSMENTS.— 

14 The Administrator shall not use any bio15 graphical assessment with respect to an 

16 applicant under this subparagraph who 

17 would otherwise qualify as a Pool 1 appli18 cant under subparagraph (B)(ii). 

19 ‘‘(iii) COVERED FACILITY DEFINED.— 

20 In this subparagraph the term ‘covered fa21 cility’ means a radar facility with at least 

22 1,000,000 operations annually that is lo23 cated in a metropolitan statistical area (as 

24 defined by the Office of Management and 

25 Budget) with a population estimate by the 

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1 Bureau of the Census of more than 

2 15,000,000 (as of July 1, 2016).’’; and 

3 (2) in paragraph (3)— 

4 (A) by inserting ‘‘except for individuals 

5 covered by the program described in paragraph 

6 (4),’’ after ‘‘section 3307 of title 5,’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(4) RETIRED MILITARY CONTROLLERS.—The 

9 Administrator may establish a program to provide 

10 an original appointment to a position as an air traf11 fic controller for individuals who— 

12 ‘‘(A) are on terminal leave pending retire13 ment from active duty military service or have 

14 retired from active duty military service within 

15 5 years of applying for the appointment; and 

16 ‘‘(B) have held either an air traffic certifi17 cation or air traffic control facility rating ac18 cording to Administration standards within 5 

19 years of applying for the appointment.’’. 

20 Subtitle B—Aviation Revenue 

21 Provisions 

22 SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND 

23 AIRWAY TRUST FUND. 

24 (a) IN GENERAL.—Section 9502(d)(1) of the Inter25 nal Revenue Code of 1986 is amended— 

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1 (1) in the matter preceding subparagraph (A) 

2 by striking ‘‘April 1, 2018’’ and inserting ‘‘October 

3 1, 2018’’; and 

4 (2) in subparagraph (A) by striking the semi5 colon at the end and inserting ‘‘or the Airport and 

6 Airway Extension Act of 2018;’’. 

7 (b) CONFORMING AMENDMENT.—Section 9502(e)(2) 

8 of such Code is amended by striking ‘‘April 1, 2018’’ and 

9 inserting ‘‘October 1, 2018’’. 

10 SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND 

11 AIRWAY TRUST FUND. 

12 (a) FUEL TAXES.—Section 4081(d)(2)(B) of the In13 ternal Revenue Code of 1986 is amended by striking 

14 ‘‘March 31, 2018’’ and inserting ‘‘September 30, 2018’’. 

15 (b) TICKET TAXES.— 

16 (1) PERSONS.—Section 4261(k)(1)(A)(ii) of 

17 such Code is amended by striking ‘‘March 31, 2018’’ 

18 and inserting ‘‘September 30, 2018’’. 

19 (2) PROPERTY.—Section 4271(d)(1)(A)(ii) of 

20 such Code is amended by striking ‘‘March 31, 2018’’ 

21 and inserting ‘‘September 30, 2018’’. 

22 (c) FRACTIONAL OWNERSHIP PROGRAMS.— 

23 (1) TREATMENT AS NONCOMMERCIAL AVIA24 TION.—Section 4083(b) of such Code is amended by 

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1 striking ‘‘April 1, 2018’’ and inserting ‘‘October 1, 

2 2018’’. 

3 (2) EXEMPTION FROM TICKET TAXES.—Section 

4 4261(j) of such Code is amended by striking ‘‘March 

5 31, 2018’’ and inserting ‘‘September 30, 2018’’. 

6 TITLE II—IMMIGRATION EXTENSIONS 

7 SEC. 201. Section 401(b) of the Illegal Immigration 

8 Reform and Immigrant Responsibility Act of 1996 (8 

9 U.S.C. 1324a note) shall be applied by substituting ‘‘Sep10 tember 30, 2018’’ for ‘‘September 30, 2015’’. 

11 SEC. 202. Subclauses 101(a)(27)(C)(ii)(II) and (III) 

12 of the Immigration and Nationality Act (8 U.S.C. 

13 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by sub14 stituting ‘‘September 30, 2018’’ for ‘‘September 30, 

15 2015’’. 

16 SEC. 203. Section 220(c) of the Immigration and Na17 tionality Technical Corrections Act of 1994 (8 U.S.C. 

18 1182 note) shall be applied by substituting ‘‘September 

19 30, 2018’’ for ‘‘September 30, 2015’’. 

20 SEC. 204. Section 610(b) of the Departments of 

21 Commerce, Justice, and State, the Judiciary, and Related 

22 Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) 

23 shall be applied by substituting ‘‘September 30, 2018’’ for 

24 ‘‘September 30, 2015’’. 

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1 SEC. 205. Notwithstanding the numerical limitation 

2 set forth in section 214(g)(1)(B) of the Immigration and 

3 Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary 

4 of Homeland Security, after consultation with the Sec5 retary of Labor, and upon the determination that the 

6 needs of American businesses cannot be satisfied in fiscal 

7 year 2018 with United States workers who are willing, 

8 qualified, and able to perform temporary nonagricultural 

9 labor, may increase the total number of aliens who may 

10 receive a visa under section 101(a)(15)(H)(ii)(b) of such 

11 Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year 

12 above such limitation by not more than the highest num13 ber of H–2B nonimmigrants who participated in the H– 

14 2B returning worker program in any fiscal year in which 

15 returning workers were exempt from such numerical limi16 tation. 

17 TITLE III—NATIONAL FLOOD INSURANCE 

18 PROGRAM EXTENSION 

19 SEC. 301. Sections 1309(a) and 1319 of the National 

20 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 

21 4026) shall be applied by substituting ‘‘July 31, 2018’’ 

22 for ‘‘September 30, 2017’’. 

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1 TITLE IV—PESTICIDE REGISTRATION 

2 IMPROVEMENT ACT EXTENSION 

3 SEC. 401. (a) The following sections of the Federal 

4 Insecticide, Fungicide, and Rodenticide Act shall continue 

5 in effect through September 30, 2018— 

6 (1) subparagraphs (C) through (E) of section 

7 4(i)(1) (7 U.S.C. 136a–1(i)(1)(C)–(E)); 

8 (2) section 4(k)(3) (7 U.S.C. 136a–1(k)(3)); 

9 (3) section 4(k)(4) (7 U.S.C. 136a–1(k)(4)); 

10 and 

11 (4) section 33(c)(3)(B) (7 U.S.C. 136w– 

12 8(c)(3)(B)). 

13 (b)(1) Section 4(i)(1)(I) of the Federal Insecticide, 

14 Fungicide, and Rodenticide Act (7 U.S.C. 136a– 

15 1(i)(1)(I)) shall be applied by substituting ‘‘September 30, 

16 2018’’ for ‘‘September 30, 2017’’. 

17 (2) Notwithstanding section 33(m)(2) of the 

18 Federal Insecticide, Fungicide, and Rodenticide Act 

19 (7 U.S.C. 136w–8(m)(2)), section 33(m)(1) of such 

20 Act (7 U.S.C. 136w–8(m)(1)) shall be applied by 

21 substituting ‘‘September 30, 2018’’ for ‘‘September 

22 30, 2017’’. 

23 (c) Section 408(m)(3) of the Federal Food, Drug, 

24 and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied 

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1 by substituting ‘‘September 30, 2018’’ for ‘‘September 30, 

2 2017’’. 

3 TITLE V—GENERALIZED SYSTEM 

4 OF PREFERENCES 

5 SEC. 501. EXTENSION OF GENERALIZED SYSTEM OF PREF6 ERENCES. 

7 (a) IN GENERAL.—Section 505 of the Trade Act of 

8 1974 (19 U.S.C. 2465) is amended by striking ‘‘December 

9 31, 2017’’ and inserting ‘‘December 31, 2020’’. 

10 (b) EFFECTIVE DATE.— 

11 (1) IN GENERAL.—The amendment made by 

12 subsection (a) shall apply to articles entered on or 

13 after the 30th day after the date of the enactment 

14 of this Act. 

15 (2) RETROACTIVE APPLICATION FOR CERTAIN

16 LIQUIDATIONS AND RELIQUIDATIONS.— 

17 (A) IN GENERAL.—Notwithstanding sec18 tion 514 of the Tariff Act of 1930 (19 U.S.C. 

19 1514) or any other provision of law and subject 

20 to subparagraph (B), any entry of a covered ar21 ticle to which duty-free treatment or other pref22 erential treatment under title V of the Trade 

23 Act of 1974 (19 U.S.C. 2461 et seq.) would 

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1 have applied if the entry had been made on De2 cember 31, 2017, that was made— 

3 (i) after December 31, 2017, and 

4 (ii) before the effective date specified 

5 in paragraph (1), 

6 shall be liquidated or reliquidated as though 

7 such entry occurred on the effective date speci8 fied in paragraph (1). 

9 (B) REQUESTS.—A liquidation or reliqui10 dation may be made under subparagraph (A) 

11 with respect to an entry only if a request there12 for is filed with U.S. Customs and Border Pro13 tection not later than 180 days after the date 

14 of the enactment of this Act that contains suffi15 cient information to enable U.S. Customs and 

16 Border Protection— 

17 (i) to locate the entry; or 

18 (ii) to reconstruct the entry if it can19 not be located. 

20 (C) PAYMENT OF AMOUNTS OWED.—Any 

21 amounts owed by the United States pursuant to 

22 the liquidation or reliquidation of an entry of a 

23 covered article under subparagraph (A) shall be 

24 paid, without interest, not later than 90 days 

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1 after the date of the liquidation or reliquidation 

2 (as the case may be). 

3 (3) DEFINITIONS.—In this subsection: 

4 (A) COVERED ARTICLE.—The term ‘‘cov5 ered article’’ means an article from a country 

6 that is a beneficiary developing country under 

7 title V of the Trade Act of 1974 (19 U.S.C. 

8 2461 et seq.) as of the effective date specified 

9 in paragraph (1). 

10 (B) ENTER; ENTRY.—The terms ‘‘enter’’ 

11 and ‘‘entry’’ include a withdrawal from ware12 house for consumption. 

13 (c) ANNUAL REPORT ON ENFORCEMENT OF ELIGI14 BILITY CRITERIA.—Not later than 1 year after the date 

15 of the enactment of this Act, and annually thereafter 

16 through December 31, 2020, the United States Trade 

17 Representative shall submit to the Committee on Ways 

18 and Means of the House of Representatives and the Com19 mittee on Finance of the Senate a report on efforts to 

20 ensure that countries designated as beneficiary developing 

21 countries under title V of the Trade Act of 1974 (19 

22 U.S.C. 2461 et seq.) are meeting the eligibility criteria set 

23 forth in section 502(c) of such Act (19 U.S.C. 2462(c)). 

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1 SEC. 502. TECHNICAL MODIFICATION TO PROCEDURES FOR 

2 COMPETITIVE NEED LIMITATION AND WAIV3 ERS. 

4 Section 503 of the Trade Act of 1974 (19 U.S.C. 

5 2463) is amended— 

6 (1) in subsection (c)(2)— 

7 (A) in the matter following subparagraph 

8 (A)(i)(II), by striking ‘‘July 1’’ and inserting 

9 ‘‘November 1’’; and 

10 (B) in subparagraph (E), by striking ‘‘on 

11 January 1, 1995’’ and inserting ‘‘in any of the 

12 preceding 3 calendar years’’; and 

13 (2) in subsection (d), by striking ‘‘July 1’’ each 

14 place it appears and inserting ‘‘November 1’’. 

15 SEC. 503. CUSTOMS USER FEES. 

16 Section 13031(j)(3)(A) of the Consolidated Omnibus 

17 Budget Reconciliation Act of 1985 (19 U.S.C. 

18 58c(j)(3)(A)) is amended by striking ‘‘February 24, 2027’’ 

19 and inserting ‘‘July 21, 2027’’. 

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1 TITLE VI—JUDICIAL REDACTION 

2 AUTHORITY EXTENSION 

3 SEC. 601. EXTENSION OF REDACTION AUTHORITY CON4 CERNING SENSITIVE SECURITY INFORMA5 TION. 

6 Section 105(b)(3)(E) of the Ethics in Government 

7 Act of 1978 (5 U.S.C. App.) is amended by striking 

8 ‘‘2017’’ both places it appears and inserting ‘‘2027’’. 

9 TITLE VII—BUDGETARY 

10 EFFECTS 

11 SEC. 701. BUDGETARY EFFECTS. 

12 (a) STATUTORY PAYGO SCORECARDS.—The budg13 etary effects of this division and each succeeding division 

14 shall not be entered on either PAYGO scorecard main15 tained pursuant to section 4(d) of the Statutory Pay-As16 You-Go Act of 2010. 

17 (b) SENATE PAYGO SCORECARDS.—The budgetary 

18 effects of this division and each succeeding division shall 

19 not be entered on any PAYGO scorecard maintained for 

20 purposes of section 4106 of H. Con. Res. 71 (115th Con21 gress). 

22 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 

23 Notwithstanding Rule 3 of the Budget Scorekeeping 

24 Guidelines set forth in the joint explanatory statement of 

25 the committee of conference accompanying Conference ReMarch 21, 2018 (6:08 p.m.)
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1 port 105–217 and section 250(c)(8) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985, the 

3 budgetary effects of this division and each succeeding divi4 sion shall not be estimated— 

5 (1) for purposes of section 251 of such Act; and 

6 (2) for purposes of paragraph (4)(C) of section 

7 3 of the Statutory Pay-As-You-Go Act of 2010 as 

8 being included in an appropriation Act. 

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1 DIVISION N—BUILD ACT 

2 SECTION 1. SHORT TITLE. 

3 This division may be cited as the ‘‘Brownfields Utili4 zation, Investment, and Local Development Act of 2018’’ 

5 or the ‘‘BUILD Act’’. 

6 SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERN7 MENTAL ENTITIES. 

8 Section 101(20)(D) of the Comprehensive Environ9 mental Response, Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9601(20)) is amended by striking ‘‘own11 ership or control’’ and all that follows through ‘‘by virtue’’ 

12 and inserting ‘‘ownership or control through seizure or 

13 otherwise in connection with law enforcement activity, or 

14 through bankruptcy, tax delinquency, abandonment, or 

15 other circumstances in which the government acquires title 

16 by virtue’’. 

17 SEC. 3. ALASKA NATIVE VILLAGE AND NATIVE CORPORA18 TION RELIEF. 

19 Section 101(20) of the Comprehensive Environmental 

20 Response, Compensation, and Liability Act of 1980 (42 

21 U.S.C. 9601(20)) is amended— 

22 (1) by redesignating subparagraphs (E) 

23 through (G) as subparagraphs (F) through (H), re24 spectively; 

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1 (2) by inserting after subparagraph (D) the fol2 lowing: 

3 ‘‘(E) EXCLUSION OF CERTAIN ALASKA NA4 TIVE VILLAGES AND NATIVE CORPORATIONS.— 

5 ‘‘(i) IN GENERAL.—The term ‘owner 

6 or operator’ does not include, with respect 

7 to a facility conveyed to a Native village or 

8 Native Corporation (as those terms are de9 fined in section 3 of the Alaska Native 

10 Claims Settlement Act) under the Alaska 

11 Native Claims Settlement Act— 

12 ‘‘(I) the Native village or Native 

13 Corporation that received the facility 

14 from the United States Government; 

15 or 

16 ‘‘(II) a successor in interest to 

17 which the facility was conveyed under 

18 section 14(c) of such Act. 

19 ‘‘(ii) LIMITATION.—The exclusion pro20 vided under this subparagraph shall not 

21 apply to any entity described in clause (i) 

22 that causes or contributes to a release or 

23 threatened release of a hazardous sub24 stance from the facility conveyed as de25 scribed in such clause.’’; 

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1 (3) in subparagraph (G) (as so redesignated), 

2 in the matter preceding clause (i), by striking ‘‘sub3 paragraph (E)’’ and inserting ‘‘subparagraph (F)’’; 

4 and 

5 (4) in clause (i)(II) of subparagraph (H) (as so 

6 redesignated), by striking ‘‘1813)’’ and inserting 

7 ‘‘1813))’’. 

8 SEC. 4. PETROLEUM BROWNFIELD ENHANCEMENT. 

9 Section 101(39)(D)(ii)(II) of the Comprehensive En10 vironmental Response, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9601(39)(D)(ii)(II)) is amended by 

12 amending item (bb) to read as follows: 

13 ‘‘(bb) is a site for which there is no viable responsible 

14 party and that is determined by the Administrator or the 

15 State, as appropriate, to be a site that will be assessed, 

16 investigated, or cleaned up by a person that is not poten17 tially liable for cleaning up the site under this Act or any 

18 other law pertaining to the cleanup of petroleum products; 

19 and’’. 

20 SEC. 5. PROSPECTIVE PURCHASERS AND LESSEES. 

21 (a) BONA FIDE PROSPECTIVE PURCHASER.—Section 

22 101(40) of the Comprehensive Environmental Response, 

23 Compensation, and Liability Act of 1980 (42 U.S.C. 

24 9601(40)) is amended— 

25 (1) in subparagraph (B)— 

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1 (A) by redesignating clauses (i) through 

2 (iii) as subclauses (I) through (III), respec3 tively, and indenting appropriately; 

4 (B) in subclause (I) (as so redesignated), 

5 by striking ‘‘clauses (ii) and (iii)’’ and inserting 

6 ‘‘subclauses (II) and (III)’’; 

7 (C) in subclause (II) (as so redesignated), 

8 by striking ‘‘subparagraph’’ and inserting 

9 ‘‘clause’’; and 

10 (D) in subclause (III) (as so redesignated), 

11 by striking ‘‘subparagraph’’ and inserting 

12 ‘‘clause’’; 

13 (2) in subparagraph (D), by redesignating 

14 clauses (i) through (iii) as subclauses (I) through 

15 (III), respectively, and indenting appropriately; 

16 (3) in subparagraph (F), by redesignating 

17 clauses (i) and (ii) as subclauses (I) and (II), respec18 tively, and indenting appropriately; 

19 (4) in subparagraph (H)— 

20 (A) in clause (i)— 

21 (i) in subclause (II), by inserting ‘‘, 

22 by a tenancy, by the instruments by which 

23 a leasehold interest in the facility is cre24 ated,’’ after ‘‘financed’’; and 

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1 (ii) by redesignating subclauses (I) 

2 and (II) as items (aa) and (bb), respec3 tively, and indenting appropriately; and 

4 (B) by redesignating clauses (i) and (ii) as 

5 subclauses (I) and (II), respectively, and in6 denting appropriately; 

7 (5) by redesignating subparagraphs (B) 

8 through (H) as clauses (ii) through (viii), respec9 tively, and indenting appropriately; and 

10 (6) by striking the paragraph designation and 

11 heading and all that follows through ‘‘All disposal 

12 of’’ in subparagraph (A) and inserting the following: 

13 ‘‘(40) BONA FIDE PROSPECTIVE PURCHASER.— 

14 ‘‘(A) IN GENERAL.—The term ‘bona fide 

15 prospective purchaser’ means, with respect to a 

16 facility— 

17 ‘‘(i) a person who— 

18 ‘‘(I) acquires ownership of the fa19 cility after January 11, 2002; and 

20 ‘‘(II) establishes by a preponder21 ance of the evidence each of the cri22 teria described in clauses (i) through 

23 (viii) of subparagraph (B); and 

24 ‘‘(ii) a person— 

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1 ‘‘(I) who acquires a leasehold in2 terest in the facility after January 11, 

3 2002; 

4 ‘‘(II) who establishes by a pre5 ponderance of the evidence that the 

6 leasehold interest is not designed to 

7 avoid liability under this Act by any 

8 person; and 

9 ‘‘(III) with respect to whom any 

10 of the following conditions apply: 

11 ‘‘(aa) The owner of the facil12 ity that is subject to the lease13 hold interest is a person de14 scribed in clause (i). 

15 ‘‘(bb)(AA) The owner of the 

16 facility that is subject to the 

17 leasehold interest was a person 

18 described in clause (i) at the time 

19 the leasehold interest was ac20 quired, but can no longer estab21 lish by a preponderance of the 

22 evidence each of the criteria de23 scribed in clauses (i) through 

24 (viii) of subparagraph (B) due to 

25 circumstances unrelated to any 

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1 action of the person who holds 

2 the leasehold interest; and 

3 ‘‘(BB) the person who holds 

4 the leasehold interest establishes 

5 by a preponderance of the evi6 dence each of the criteria de7 scribed in clauses (i), (iii), (iv), 

8 (v), (vi), (vii), and (viii) of sub9 paragraph (B). 

10 ‘‘(cc) The person who holds 

11 the leasehold interest establishes 

12 by a preponderance of the evi13 dence each of the criteria de14 scribed in clauses (i) through 

15 (viii) of subparagraph (B). 

16 ‘‘(B) CRITERIA.—The criteria described in 

17 this subparagraph are as follows: 

18 ‘‘(i) DISPOSAL PRIOR TO ACQUISI19 TION.—All disposal of’’. 

20 (b) LIMITATION ON LIABILITY.—Section 107(r)(1) of 

21 the Comprehensive Environmental Response, Compensa22 tion, and Liability Act of 1980 (42 U.S.C. 9607(r)(1)) is 

23 amended by striking ‘‘purchaser’s’’ and inserting ‘‘bona 

24 fide prospective purchaser’’. 

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1 SEC. 6. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANI2 ZATIONS. 

3 Section 104(k)(1) of the Comprehensive Environ4 mental Response, Compensation, and Liability Act of 

5 1980 (42 U.S.C. 9604(k)(1)) is amended— 

6 (1) in subparagraph (G), by striking ‘‘or’’ after 

7 the semicolon; 

8 (2) in subparagraph (H), by striking the period 

9 at the end and inserting a semicolon; and 

10 (3) by adding at the end the following: 

11 ‘‘(I) an organization described in section 

12 501(c)(3) of the Internal Revenue Code of 1986 

13 and exempt from taxation under section 501(a) 

14 of that Code; 

15 ‘‘(J) a limited liability corporation in which 

16 all managing members are organizations de17 scribed in subparagraph (I) or limited liability 

18 corporations whose sole members are organiza19 tions described in subparagraph (I); 

20 ‘‘(K) a limited partnership in which all 

21 general partners are organizations described in 

22 subparagraph (I) or limited liability corpora23 tions whose sole members are organizations de24 scribed in subparagraph (I); or 

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1 ‘‘(L) a qualified community development 

2 entity (as defined in section 45D(c)(1) of the 

3 Internal Revenue Code of 1986).’’. 

4 SEC. 7. TREATMENT OF CERTAIN PUBLICLY OWNED 

5 BROWNFIELD SITES. 

6 Section 104(k) of the Comprehensive Environmental 

7 Response, Compensation, and Liability Act of 1980 (42 

8 U.S.C. 9604(k)) is amended— 

9 (1) in paragraph (2), by adding at the end the 

10 following: 

11 ‘‘(C) EXEMPTION FOR CERTAIN PUBLICLY

12 OWNED BROWNFIELD SITES.—Notwithstanding 

13 paragraph (5)(B)(iii), an eligible entity de14 scribed in any of subparagraphs (A) through 

15 (H) of paragraph (1) may receive a grant under 

16 this paragraph for property acquired by that el17 igible entity prior to January 11, 2002, even if 

18 the eligible entity does not qualify as a bona 

19 fide prospective purchaser, so long as the eligi20 ble entity has not caused or contributed to a re21 lease or threatened release of a hazardous sub22 stance at the property.’’; and 

23 (2) in paragraph (3), by adding at the end the 

24 following: 

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1 ‘‘(E) EXEMPTION FOR CERTAIN PUBLICLY

2 OWNED BROWNFIELD SITES.—Notwithstanding 

3 paragraph (5)(B)(iii), an eligible entity de4 scribed in any of subparagraphs (A) through 

5 (H) of paragraph (1) may receive a grant or 

6 loan under this paragraph for property acquired 

7 by that eligible entity prior to January 11, 

8 2002, even if the eligible entity does not qualify 

9 as a bona fide prospective purchaser, so long as 

10 the eligible entity has not caused or contributed 

11 to a release or threatened release of a haz12 ardous substance at the property.’’. 

13 SEC. 8. INCREASED FUNDING FOR REMEDIATION GRANTS. 

14 Section 104(k)(3)(A)(ii) of the Comprehensive Envi15 ronmental Response, Compensation, and Liability Act of 

16 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by strik17 ing ‘‘$200,000 for each site to be remediated’’ and insert18 ing ‘‘$500,000 for each site to be remediated, which limit 

19 may be waived by the Administrator, but not to exceed 

20 a total of $650,000 for each site, based on the anticipated 

21 level of contamination, size, or ownership status of the 

22 site’’. 

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1 SEC. 9. MULTIPURPOSE BROWNFIELDS GRANTS. 

2 Section 104(k) of the Comprehensive Environmental 

3 Response, Compensation, and Liability Act of 1980 (42 

4 U.S.C. 9604(k)) is amended— 

5 (1) by redesignating paragraphs (4) through 

6 (12) as paragraphs (5) through (13), respectively; 

7 (2) in paragraph (3)(A), in the matter pre8 ceding clause (i), by striking ‘‘Subject to paragraphs 

9 (4) and (5)’’ and inserting ‘‘Subject to paragraphs 

10 (5) and (6)’’; 

11 (3) by inserting after paragraph (3) the fol12 lowing: 

13 ‘‘(4) MULTIPURPOSE BROWNFIELDS GRANTS.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (D) and paragraphs (5) and (6), the Ad16 ministrator shall establish a program to provide 

17 multipurpose grants to an eligible entity based 

18 on the criteria under subparagraph (C) and the 

19 considerations under paragraph (3)(C), to carry 

20 out inventory, characterization, assessment, 

21 planning, or remediation activities at 1 or more 

22 brownfield sites in an area proposed by the eli23 gible entity. 

24 ‘‘(B) GRANT AMOUNTS.— 

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1 ‘‘(i) INDIVIDUAL GRANT AMOUNTS.— 

2 Each grant awarded under this paragraph 

3 shall not exceed $1,000,000. 

4 ‘‘(ii) CUMULATIVE GRANT

5 AMOUNTS.—The total amount of grants 

6 awarded for each fiscal year under this 

7 paragraph may not exceed 15 percent of 

8 the funds made available for the fiscal year 

9 to carry out this subsection. 

10 ‘‘(C) CRITERIA.—In awarding a grant 

11 under this paragraph, the Administrator shall 

12 consider the extent to which the eligible entity 

13 is able— 

14 ‘‘(i) to provide an overall plan for re15 vitalization of the 1 or more brownfield 

16 sites in the proposed area in which the 

17 multipurpose grant will be used; 

18 ‘‘(ii) to demonstrate a capacity to con19 duct the range of eligible activities that 

20 will be funded by the multipurpose grant; 

21 and 

22 ‘‘(iii) to demonstrate that a multipur23 pose grant will meet the needs of the 1 or 

24 more brownfield sites in the proposed area. 

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1 ‘‘(D) CONDITION.—As a condition of re2 ceiving a grant under this paragraph, each eli3 gible entity shall expend the full amount of the 

4 grant by not later than the date that is 5 years 

5 after the date on which the grant is awarded to 

6 the eligible entity, unless the Administrator pro7 vides an extension. 

8 ‘‘(E) OWNERSHIP.—An eligible entity that 

9 receives a grant under this paragraph may not 

10 expend any of the grant funds for the remedi11 ation of a brownfield site unless the eligible en12 tity owns the brownfield site.’’; and 

13 (4) by striking ‘‘paragraph (2) or (3)’’ each 

14 place it appears and inserting ‘‘paragraph (2), (3), 

15 or (4)’’. 

16 SEC. 10. ALLOWING ADMINISTRATIVE COSTS FOR GRANT 

17 RECIPIENTS. 

18 Paragraph (5) of section 104(k) of the Comprehen19 sive Environmental Response, Compensation, and Liabil20 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

21 section 9 of this Act) is amended— 

22 (1) by amending subparagraph (B) to read as 

23 follows: 

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1 ‘‘(B) PROHIBITION.—No part of a grant or 

2 loan under this subsection may be used for the 

3 payment of— 

4 ‘‘(i) a penalty or fine; 

5 ‘‘(ii) a Federal cost-share require6 ment; 

7 ‘‘(iii) a response cost at a brownfield 

8 site for which the recipient of the grant or 

9 loan is potentially liable under section 107; 

10 or 

11 ‘‘(iv) a cost of compliance with any 

12 Federal law (including a Federal law speci13 fied in section 101(39)(B)), excluding the 

14 cost of compliance with laws applicable to 

15 the cleanup.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(E) ADMINISTRATIVE COSTS.— 

18 ‘‘(i) IN GENERAL.—An eligible entity 

19 may use up to 5 percent of the amounts 

20 made available under a grant or loan 

21 under this subsection for administrative 

22 costs. 

23 ‘‘(ii) RESTRICTION.—For purposes of 

24 clause (i), the term ‘administrative costs’ 

25 does not include— 

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1 ‘‘(I) investigation and identifica2 tion of the extent of contamination of 

3 a brownfield site; 

4 ‘‘(II) design and performance of 

5 a response action; or 

6 ‘‘(III) monitoring of a natural re7 source.’’. 

8 SEC. 11. GRANT APPLICATIONS. 

9 (a) WATERFRONT BROWNFIELDS GRANTS; CLEAN

10 ENERGY ON BROWNFIELD SITES.—Paragraph (6)(C) of 

11 section 104(k) of the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 1980 (42 

13 U.S.C. 9604(k)) (as redesignated by section 9 of this Act) 

14 is amended by adding at the end the following: 

15 ‘‘(xi) The extent to which a grant 

16 would address a site adjacent to a body of 

17 water or a federally designated flood plain. 

18 ‘‘(xii) The extent to which a grant 

19 would facilitate— 

20 ‘‘(I) the location at a brownfield 

21 site of a facility that generates renew22 able electricity from wind, solar, or 

23 geothermal energy; or 

24 ‘‘(II) any energy efficiency im25 provement project at a brownfield site, 

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1 including a project for a combined 

2 heat and power system or a district 

3 energy system.’’. 

4 (b) REPORT ON RANKING CRITERIA.—Paragraph (6) 

5 of section 104(k) of the Comprehensive Environmental 

6 Response, Compensation, and Liability Act of 1980 (42 

7 U.S.C. 9604(k)) (as redesignated by section 9 of this Act) 

8 is amended by adding at the end the following: 

9 ‘‘(D) REPORT ON RANKING CRITERIA.— 

10 Not later than September 30, 2022, the Admin11 istrator shall submit to Congress a report re12 garding the Administrator’s use of the ranking 

13 criteria described in subparagraph (C) in 

14 awarding grants under this subsection.’’. 

15 SEC. 12. AUDITS. 

16 Paragraph (8) of section 104(k) of the Comprehen17 sive Environmental Response, Compensation, and Liabil18 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

19 section 9 of this Act) is amended by striking ‘‘3 years after 

20 the date of the enactment of this subsection’’ and inserting 

21 ‘‘September 30, 2022’’. 

22 SEC. 13. BROWNFIELDS FUNDING. 

23 Paragraph (13) of section 104(k) of the Comprehen24 sive Environmental Response, Compensation, and LiabilMarch 21, 2018 (6:08 p.m.)
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1 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

2 section 9 of this Act) is amended to read as follows: 

3 ‘‘(13) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this subsection $200,000,000 for each of fiscal years 

6 2019 through 2023.’’. 

7 SEC. 14. SMALL COMMUNITY TECHNICAL ASSISTANCE 

8 GRANTS. 

9 (a) IN GENERAL.—Section 128(a)(1)(B) of the Com10 prehensive Environmental Response, Compensation, and 

11 Liability Act of 1980 (42 U.S.C. 9628(a)(1)(B)) is 

12 amended— 

13 (1) in clause (ii)— 

14 (A) in subclause (I), by striking ‘‘; or’’ and 

15 inserting a semicolon; 

16 (B) in subclause (II), by striking the pe17 riod at the end and inserting ‘‘; or’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(III) assist small communities, 

20 Indian tribes, rural areas, or dis21 advantaged areas in carrying out ac22 tivities described in section 

23 104(k)(7)(A) with respect to 

24 brownfield sites.’’; and 

25 (2) by adding at the end the following: 

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1 ‘‘(iii) SMALL COMMUNITIES, INDIAN

2 TRIBES, RURAL AREAS, AND DISADVAN3 TAGED AREAS.— 

4 ‘‘(I) IN GENERAL.—To make 

5 grants to States or Indian tribes 

6 under clause (ii)(III), the Adminis7 trator may use, in addition to 

8 amounts available to carry out this 

9 subsection, not more than $1,500,000 

10 of the amounts made available to 

11 carry out section 104(k)(7) in each 

12 fiscal year. 

13 ‘‘(II) LIMITATION.—Each grant 

14 made under subclause (I) may be not 

15 more than $20,000. 

16 ‘‘(III) INCLUSION IN OTHER

17 GRANTS.—The Administrator may, at 

18 the request of a State or Indian tribe, 

19 include a grant under this clause in 

20 any other grant to the State or Indian 

21 tribe made under this subsection. 

22 ‘‘(iv) DEFINITIONS.—In this subpara23 graph: 

24 ‘‘(I) DISADVANTAGED AREA.— 

25 The term ‘disadvantaged area’ means 

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1 a community with an annual median 

2 household income that is less than 80 

3 percent of the statewide annual me4 dian household income, as determined 

5 by the President based on the latest 

6 available decennial census. 

7 ‘‘(II) SMALL COMMUNITY.—The 

8 term ‘small community’ means a com9 munity with a population of not more 

10 than 15,000 individuals, as deter11 mined by the President based on the 

12 latest available decennial census.’’. 

13 (b) CONFORMING AMENDMENT.—Section 104(g)(1) 

14 of the Comprehensive Environmental Response, Com15 pensation, and Liability Act of 1980 (42 U.S.C. 

16 9604(g)(1)) is amended by inserting ‘‘or section 

17 128(a)(1)(B)(ii)(III)’’ after ‘‘under this section’’. 

18 SEC. 15. STATE RESPONSE PROGRAM FUNDING. 

19 Section 128(a)(3) of the Comprehensive Environ20 mental Response, Compensation, and Liability Act of 

21 1980 (42 U.S.C. 9628(a)(3)) is amended to read as fol22 lows: 

23 ‘‘(3) FUNDING.—There is authorized to be ap24 propriated to carry out this subsection $50,000,000 

25 for each of fiscal years 2019 through 2023.’’. 

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1 DIVISION O—WILDFIRE SUP2 PRESSION FUNDING AND 

3 FOREST MANAGEMENT AC4 TIVITIES ACT 

5 SEC. 101. SHORT TITLE. 

6 This division may be cited as the ‘‘Wildfire Suppres7 sion Funding and Forest Management Activities Act’’. 

8 TITLE I—WILDFIRE AND DIS9 ASTER FUNDING ADJUST10 MENT 

11 SEC. 102. WILDFIRE AND DISASTER FUNDING ADJUST12 MENT. 

13 (a) Section 251(b)(2) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985 (2 U.S.C. 

15 901(b)(2)) is amended— 

16 (1) in subparagraph (D)(i), by striking sub17 clauses (I) and (II) and inserting the following— 

18 ‘‘(I) the average over the pre19 vious 10 years (excluding the highest 

20 and lowest years) of the sum of the 

21 funding provided for disaster relief (as 

22 that term is defined on the date im23 mediately before the date of enact24 ment of the Wildfire Suppression 

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1 Funding and Forest Management Ac2 tivities Act); 

3 ‘‘(II) notwithstanding clause (iv), 

4 starting in fiscal year 2018, five per5 cent of the total appropriations pro6 vided after fiscal year 2011 or in the 

7 previous 10 years, whichever is less, 

8 net of any rescissions of budget au9 thority enacted in the same period, 

10 with respect to amounts provided for 

11 major disasters declared pursuant to 

12 the Robert T. Stafford Disaster Relief 

13 and Emergency Assistance Act (42 

14 U.S.C. 5121 et seq.) and designated 

15 by the Congress and the President as 

16 an emergency pursuant to subpara17 graph (A)(i) of this paragraph; and 

18 ‘‘(III) the cumulative net total of 

19 the unused carryover for fiscal year 

20 2018 and all subsequent fiscal years, 

21 where the unused carryover for each 

22 fiscal year is calculated as the sum of 

23 the amounts in subclauses (I) and (II) 

24 less the enacted appropriations for 

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1 that fiscal year that have been des2 ignated as being for disaster relief.’’; 

3 (2) in subparagraph (D)(ii), by striking ‘‘not 

4 later than 30 days after the date of enactment of 

5 the Budget Control Act of 2011’’ and inserting ‘‘not 

6 later than 30 days after the date of enactment of 

7 the Wildfire Suppression Funding and Forest Man8 agement Activities Act’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(F) WILDFIRE SUPPRESSION.— 

11 ‘‘(i) ADDITIONAL NEW BUDGET AU12 THORITY.—If, for fiscal years 2020 

13 through 2027, a bill or joint resolution 

14 making appropriations for a fiscal year is 

15 enacted that provides an amount for wild16 fire suppression operations in the Wildland 

17 Fire Management accounts at the Depart18 ment of Agriculture or the Department of 

19 the Interior, then the adjustments for that 

20 fiscal year shall be the amount of addi21 tional new budget authority provided in 

22 that Act for wildfire suppression operations 

23 for that fiscal year, but shall not exceed— 

24 ‘‘(I) for fiscal year 2020, 

25 $2,250,000,000; 

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1 ‘‘(II) for fiscal year 2021, 

2 $2,350,000,000; 

3 ‘‘(III) for fiscal year 2022, 

4 $2,450,000,000; 

5 ‘‘(IV) for fiscal year 2023, 

6 $2,550,000,000; 

7 ‘‘(V) for fiscal year 2024, 

8 $2,650,000,000; 

9 ‘‘(VI) for fiscal year 2025, 

10 $2,750,000,000; 

11 ‘‘(VII) for fiscal year 2026, 

12 $2,850,000,000; and 

13 ‘‘(VIII) for fiscal year 2027, 

14 $2,950,000,000. 

15 ‘‘(ii) DEFINITIONS.—In this subpara16 graph: 

17 ‘‘(I) ADDITIONAL NEW BUDGET

18 AUTHORITY.—The term ‘additional 

19 new budget authority’ means the 

20 amount provided for a fiscal year in 

21 an appropriation Act that is in excess 

22 of the average costs for wildfire sup23 pression operations as reported in the 

24 budget of the President submitted 

25 under section 1105(a) of title 31, 

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1 United States Code, for fiscal year 

2 2015 and are specified to pay for the 

3 costs of wildfire suppression oper4 ations in an amount not to exceed the 

5 amount specified for that fiscal year 

6 in clause (i). 

7 ‘‘(II) WILDFIRE SUPPRESSION

8 OPERATIONS.—The term ‘wildfire sup9 pression operations’ means the emer10 gency and unpredictable aspects of 

11 wildland firefighting, including— 

12 ‘‘(aa) support, response, and 

13 emergency stabilization activities; 

14 ‘‘(bb) other emergency man15 agement activities; and 

16 ‘‘(cc) the funds necessary to 

17 repay any transfers needed for 

18 the costs of wildfire suppression 

19 operations.’’. 

20 (b) The amendment made by paragraph (1) of sub21 section (a) shall begin to apply in fiscal year 2019. 

22 SEC. 103. REQUEST FOR ADDITIONAL WILDFIRE SUPPRES23 SION FUNDS. 

24 If the amount provided for wildfire suppression oper25 ations for that fiscal year will be exhausted within 30 calMarch 21, 2018 (6:08 p.m.)
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1 endar days, the Secretary of the Interior or the Secretary 

2 of Agriculture (as applicable), in consultation with the Di3 rector of the Office of Management and Budget, shall 

4 promptly submit a request to Congress for supplemental 

5 appropriations. 

6 SEC. 104. REPORTING REQUIREMENTS. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 end of the fiscal year for which additional new budget au9 thority is used, pursuant to section 251(b)(2)(F)(i) of the 

10 Balanced Budget and Emergency Deficit Control Act of 

11 1985 (2 U.S.C. 901(b)(2)(F)(i)), as added by section 102 

12 of this division, the Secretary of the Interior or the Sec13 retary of Agriculture (as applicable), in consultation with 

14 the Director of the Office of Management and Budget, 

15 shall— 

16 (1) prepare an annual report with respect to 

17 the additional new budget authority; 

18 (2) submit to the Committees on Appropria19 tions, the Budget, and Natural Resources of the 

20 House of Representatives and the Committees on 

21 Appropriations, the Budget, and Energy and Nat22 ural Resources of the Senate the annual report pre23 pared under paragraph (1); and 

24 (3) make the report prepared under paragraph 

25 (1) available to the public. 

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1 (b) COMPONENTS.—The annual report prepared 

2 under subsection (a)(1) shall— 

3 (1) document obligations and outlays of the ad4 ditional new budget authority for wildfire suppres5 sion operations; 

6 (2) identify risk-based factors that influenced 

7 management decisions with respect to wildfire sup8 pression operations; 

9 (3) analyze a statistically significant sample of 

10 large fires, including an analysis for each fire of— 

11 (A) cost drivers; 

12 (B) the effectiveness of risk management 

13 techniques and whether fire operations strategy 

14 tracked the risk assessment; 

15 (C) any resulting ecological or other bene16 fits to the landscape; 

17 (D) the impact of investments in wildfire 

18 suppression operations preparedness; 

19 (E) effectiveness of wildfire suppression 

20 operations, including an analysis of resources 

21 lost versus dollars invested; 

22 (F) effectiveness of any fuel treatments on 

23 fire behavior and suppression expenditures; 

24 (G) levels of exposure experienced by fire25 fighters; 

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1 (H) suggested corrective actions; and 

2 (I) any other factors the Secretary of the 

3 Interior or Secretary of Agriculture (as applica4 ble) determines to be appropriate; 

5 (4) include an accounting of overall fire man6 agement and spending by the Department of the In7 terior or the Department of Agriculture, which shall 

8 be analyzed by fire size, cost, regional location, and 

9 other factors; 

10 (5) describe any lessons learned in the conduct 

11 of wildfire suppression operations; and 

12 (6) include any other elements that the Sec13 retary of the Interior or the Secretary of Agriculture 

14 (as applicable) determines to be necessary. 

15 TITLE II—FOREST MANAGEMENT 

16 ACTIVITIES 

17 SEC. 201. DEFINITIONS. 

18 In this title: 

19 (1) NATIONAL FOREST SYSTEM.—The term 

20 ‘‘National Forest System’’ has the meaning given 

21 the term in section 11(a) of the Forest and Range22 land Renewable Resources Planning Act of 1974 (16 

23 U.S.C. 1609(a)). 

24 (2) PUBLIC LAND.—The term ‘‘public land’’ 

25 has the meaning given the term ‘‘public lands’’ in 

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1 section 103 of the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1702). 

3 (3) SECRETARY CONCERNED.—The term ‘‘Sec4 retary concerned’’ means— 

5 (A) the Secretary of Agriculture, with re6 spect to National Forest System land; and 

7 (B) the Secretary of the Interior, with re8 spect to public land. 

9 SEC. 202. WILDFIRE RESILIENCE PROJECTS. 

10 Insert at the end of the Healthy Forests Restoration 

11 Act of 2003 (16 U.S.C. 6511) the following new section: 

12 ‘‘SEC. 605. WILDFIRE RESILIENCE PROJECTS. 

13 ‘‘(a) IN GENERAL.—Hazardous fuels reduction 

14 projects, as defined in the Healthy Forests Restoration 

15 Act of 2003 (16 U.S.C. 6511(2)) may be— 

16 ‘‘(1) carried out in accordance with subsections 

17 (b), (c), and (d) of section 102 and sections 104 and 

18 105; 

19 ‘‘(2) considered an action categorically excluded 

20 from the requirements of Public Law 91–190 (42 

21 U.S.C. 4321 et seq.); and 

22 ‘‘(3) exempt from the special administrative re23 view process under section 105. 

24 ‘‘(b) COLLABORATIVE RESTORATION PROJECT.— 

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1 ‘‘(1) IN GENERAL.—A project referred to in 

2 subsection (a) is a project to carry out forest res3 toration treatments that— 

4 ‘‘(A) maximizes the retention of old-growth 

5 and large trees, as appropriate for the forest 

6 type, to the extent that the trees promote 

7 stands that are resilient to insects and disease, 

8 and reduce the risk or extent of, or increase the 

9 resilience to, wildfires; 

10 ‘‘(B) considers the best available scientific 

11 information to maintain or restore the ecologi12 cal integrity, including maintaining or restoring 

13 structure, function, composition, and 

14 connectivity; and 

15 ‘‘(C) is developed and implemented 

16 through a collaborative process that— 

17 ‘‘(i) includes multiple interested per18 sons representing diverse interests; and 

19 ‘‘(ii)(I) is transparent and nonexclu20 sive; or 

21 ‘‘(II) meets the requirements for 

22 a resource advisory committee under 

23 subsections (c) through (f) of section 

24 205 of the Secure Rural Schools and 

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1 Community Self-Determination Act of 

2 2000 (16 U.S.C. 7125). 

3 ‘‘(2) INCLUSION.—A project under this sub4 section may carry out part of a proposal that com5 plies with the eligibility requirements of the Collabo6 rative Forest Landscape Restoration Program under 

7 section 4003(b) of the Omnibus Public Land Man8 agement Act of 2009 (16 U.S.C. 7303(b)). 

9 ‘‘(c) LIMITATIONS.— 

10 ‘‘(1) PROJECT SIZE.—A project under this sec11 tion may not exceed 3000 acres. 

12 ‘‘(2) LOCATION.—A project under this section 

13 shall be— 

14 ‘‘(A) Prioritized within the wildland-urban 

15 interface; 

16 ‘‘(B) If located outside the wildland-urban 

17 interface, limited to areas within Condition 

18 Classes 2 or 3 in Fire Regime Groups I, II, or 

19 III that contain very high wildfire hazard po20 tential; and 

21 ‘‘(C) Limited to areas designated under 

22 section 602(b) as of the date of enactment of 

23 this Act. 

24 ‘‘(3) ROADS.— 

25 ‘‘(A) PERMANENT ROADS.— 

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1 ‘‘(i) PROHIBITION ON ESTABLISH2 MENT.—A project under this section shall 

3 not include the establishment of permanent 

4 roads. 

5 ‘‘(ii) EXISTING ROADS.—The Sec6 retary may carry out necessary mainte7 nance and repairs on existing permanent 

8 roads for the purposes of this section. 

9 ‘‘(B) TEMPORARY ROADS.—The Secretary 

10 shall decommission any temporary road con11 structed under a project under this section not 

12 later than 3 years after the date on which the 

13 project is completed. 

14 ‘‘(4) EXTRAORDINARY CIRCUMSTANCES.—The 

15 Secretary shall apply the extraordinary cir16 cumstances procedures under section 220.6 of title 

17 36, code of Federal regulations (or successor regula18 tions), when using the categorical exclusion under 

19 this section. 

20 ‘‘(d) EXCLUSIONS.—This section does not apply to— 

21 ‘‘(1) a component of the National Wilderness 

22 Preservation System; 

23 ‘‘(2) any Federal land on which, by Act of Con24 gress or Presidential proclamation, the removal of 

25 vegetation is restricted or prohibited; 

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1 ‘‘(3) a congressionally designated wilderness 

2 study area; or 

3 ‘‘(4) an area in which activities under sub4 section (a) would be inconsistent with the applicable 

5 land and resource management plan. 

6 ‘‘(e) FOREST MANAGEMENT PLANS.—All projects 

7 and activities carried out under this section shall be con8 sistent with the land and resource management plan es9 tablished under section 6 of the Forest and Rangeland Re10 newable Resources Planning Act of 1974 (16 U.S.C. 

11 1604) for the unit of the National Forest System con12 taining the projects and activities. 

13 ‘‘(f) PUBLIC NOTICE AND SCOPING.—The Secretary 

14 shall conduct public notice and scoping for any project or 

15 action proposed in accordance with this section. 

16 ‘‘(g) ACCOUNTABILITY.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall pre18 pare an annual report on the use of categorical ex19 clusions under this section that includes a descrip20 tion of all acres (or other appropriate unit) treated 

21 through projects carried out under this section. 

22 ‘‘(2) SUBMISSION.—Not later than 1 year after 

23 the date of enactment of this section, and each year 

24 thereafter, the Secretary shall submit the reports re25 quired under paragraph (1) to— 

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1 ‘‘(A) the Committee on Agriculture, Nutri2 tion, and Forestry of the Senate; 

3 ‘‘(B) the Committee on Environment and 

4 Public Works of the Senate; 

5 ‘‘(C) the Committee on Agriculture of the 

6 House of Representatives; 

7 ‘‘(D) the Committee on Natural Resources 

8 of the House of Representatives; and 

9 ‘‘(E) the Government Accountability Of10 fice.’’. 

11 SEC. 203. INSTALLATION OF FUEL BREAKS AND 

12 FIREBREAKS FOR HAZARDOUS FUEL REDUC13 TION ON FEDERAL LAND. 

14 Section 101(2) of the Healthy Forests Restoration 

15 Act of 2003 (16 U.S.C. 6511(2)) is amended— 

16 (1) by striking ‘‘The term’’ and inserting the 

17 following: 

18 ‘‘(A) IN GENERAL.—The term’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(B) INCLUSION.—The term ‘authorized 

21 hazardous fuel reduction project’ includes, 

22 using the measures and methods described in 

23 subparagraph (A), the installation of— 

24 ‘‘(i) a natural or manmade change in 

25 fuel characteristics that affects fire behavMarch 21, 2018 (6:08 p.m.)
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1 ior such that a fire can be more readily 

2 controlled (commonly known as a ‘fuel 

3 break’); and 

4 ‘‘(ii) a natural or constructed barrier 

5 used to stop or check a fire or to provide 

6 a control line from which to work to stop 

7 or check a fire (commonly known as a 

8 ‘firebreak’).’’. 

9 SEC. 204. CANCELLATION CEILINGS FOR STEWARDSHIP 

10 END RESULT CONTRACTING PROJECTS. 

11 Section 604 of the Healthy Forests Restoration Act 

12 of 2003 (16 U.S.C. 6591c) is amended— 

13 (1) by redesignating subsections (h) and (i) as 

14 subsections (i) and (j), respectively; and 

15 (2) by inserting after subsection (g) the fol16 lowing: 

17 ‘‘(h) CANCELLATION CEILINGS.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding section 

19 3903(b)(1) of title 41, United States Code, the Chief 

20 and the Director may obligate funds in stages that 

21 are economically or programmatically viable to cover 

22 any potential cancellation or termination costs for an 

23 agreement or contract under subsection (b). 

24 ‘‘(2) ADVANCE NOTICE TO CONGRESS OF CAN25 CELLATION CEILING IN EXCESS OF $25,000,000.—Not 

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1 later than 30 days before entering into a multiyear 

2 agreement or contract under subsection (b) that in3 cludes a cancellation ceiling in excess of 

4 $25,000,000, but does not include proposed funding 

5 for the costs of cancelling the agreement or contract 

6 up to that cancellation ceiling, the Chief or the Di7 rector, as applicable, shall submit to the Committee 

8 on Energy and Natural Resources and the Com9 mittee on Agriculture, Nutrition, and Forestry of 

10 the Senate and the Committee on Natural Resources 

11 and the Committee on Agriculture of the House of 

12 Representatives a written notice that includes— 

13 ‘‘(A) a description of the cancellation ceil14 ing amounts proposed for each program year in 

15 the agreement or contract; 

16 ‘‘(B) the reasons why the cancellation ceil17 ing amounts described under subparagraph (A) 

18 were selected; 

19 ‘‘(C) a description of the extent to which 

20 the costs of contract cancellation are not in21 cluded in the budget for the agreement or con22 tract; and 

23 ‘‘(D) an assessment of the financial risk of 

24 not including budgeting for the costs of agree25 ment or contract cancellation. 

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1 ‘‘(3) TRANSMITTAL OF NOTICE TO OMB.—Not 

2 later than 14 days after the date on which written 

3 notice is provided under paragraph (2), the Chief or 

4 the Director, as appropriate, shall transmit a copy 

5 of the notice to the Director of the Office of Man6 agement and Budget.’’. 

7 SEC. 205. EXCESS OFFSET VALUE. 

8 Section 604(g)(2) of the Healthy Forests Restoration 

9 Act of 2003 (16 U.S.C. 6591c(g)(2)) is amended by strik10 ing subparagraphs (A) and (B) and inserting the fol11 lowing: 

12 ‘‘(A) use the excess to satisfy any out13 standing liabilities for cancelled agreements or 

14 contracts; or 

15 ‘‘(B) if there are no outstanding liabilities 

16 described in subparagraph (A), apply the excess 

17 to other authorized stewardship projects.’’. 

18 SEC. 206. SUBMISSION OF EXISTING ANNUAL REPORT. 

19 Subsection (j) of section 604 of the Healthy Forests 

20 Restoration Act of 2003 (16 U.S.C. 6591c) (as redesig21 nated by section 204 of this Act), is amended by striking 

22 ‘‘report to the Committee on Agriculture, Nutrition, and 

23 Forestry of the Senate and the Committee on Agriculture 

24 of the House of Representatives’’ and inserting ‘‘submit 

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1 to the congressional committees described in subsection 

2 (h)(2) a report’’. 

3 SEC. 207. 20-YEAR STEWARDSHIP CONTRACTING. 

4 (a) IN GENERAL.—The Secretary of Agriculture and 

5 the Secretary of the Interior may award contracts or 

6 agreements under section 604 of the Healthy Forests Res7 toration Act of 2003 (16 U.S.C. 6511), for terms not to 

8 exceed 20 years on areas where the majority of Federal 

9 lands are in Fire Regime Groups I, II, or III. 

10 (b) PREFERENCE.—In awarding a contract under 

11 this section, the Secretary concerned may, notwith12 standing the Federal Acquisition Regulations, give a pro13 curement preference to a contractor that would, as part 

14 of the contract, promote an innovative use of forest prod15 ucts, including cross-laminated timber. 

16 SEC. 208. CONSULTATION UNDER FOREST AND RANGELAND 

17 RENEWABLE RESOURCES PLANNING ACT OF 

18 1974. 

19 (a) CONSULTATION REGARDING LAND MANAGEMENT

20 PLANS.—Section 6(d) of the Forest and Rangeland Re21 newable Resources Planning Act of 1974 (16 U.S.C. 

22 1604(d)) is amended— 

23 (1) by striking ‘‘(d) The Secretary’’ and insert24 ing the following: 

25 ‘‘(d) PUBLIC PARTICIPATION AND CONSULTATION.— 

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1 ‘‘(1) IN GENERAL.—The Secretary’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(2) NO ADDITIONAL CONSULTATION RE4 QUIRED AFTER APPROVAL OF LAND MANAGEMENT

5 PLANS.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), notwithstanding any other 

8 provision of law, the Secretary shall not be re9 quired to engage in consultation under this sec10 tion or any other provision of law (including 

11 section 7 of Public Law 93–205 (16 U.S.C. 

12 1536) and section 402.16 of title 50, Code of 

13 Federal Regulations (or a successor regulation)) 

14 with respect to— 

15 ‘‘(i) the listing of a species as threat16 ened or endangered, or a designation of 

17 critical habitat pursuant to Public Law 

18 93–205 (16 U.S.C. 1531 et seq.), if a land 

19 management plan has been adopted by the 

20 Secretary as of the date of listing or des21 ignation; and 

22 ‘‘(ii) any provision of a land manage23 ment plan adopted as described in clause 

24 (i). 

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1 ‘‘(B) EXCEPTION.—Subparagraph (A) 

2 shall not apply if— 

3 ‘‘(i) 15 years have passed since the 

4 date on which the Secretary adopted the 

5 land management plan described in clause 

6 (i) of that subparagraph; and 

7 ‘‘(ii) 5 years have passed since the 

8 date of enactment of this section or the 

9 date of the listing of a species as threat10 ened or endangered for a species known to 

11 occur on the unit or the designation of 

12 critical habitat within the unit as described 

13 in clause (i) of that subparagraph, which14 ever is later. 

15 ‘‘(C) EFFECT OF PARAGRAPH.—Nothing in 

16 this paragraph affects any applicable require17 ment of the Secretary to consult with the head 

18 of any other Federal department or agency— 

19 ‘‘(i) regarding any project carried out, 

20 or proposed to be carried out, to imple21 ment a land management plan pursuant to 

22 Public Law 93–205 (16 U.S.C. 1531 et 

23 seq.), including any requirement to consult 

24 regarding the consideration of cumulative 

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1 impacts of completed, ongoing, and 

2 planned projects; or 

3 ‘‘(ii) with respect to— 

4 ‘‘(I) the development of a modi5 fication to a land management plan; 

6 or 

7 ‘‘(II) an amendment or revision 

8 to a land management plan in accord9 ance with paragraph (4) or (5) of sub10 section (f).’’. 

11 (b) DEFINITION OF SECRETARY; CONFORMING

12 AMENDMENTS.— 

13 (1) DEFINITION OF SECRETARY.—Section 3(a) 

14 of the Forest and Rangeland Renewable Resources 

15 Planning Act of 1974 (16 U.S.C. 1601(a)) is 

16 amended, in the first sentence of the matter pre17 ceding paragraph (1), by inserting ‘‘(referred to in 

18 this Act as the ‘Secretary’)’’ after ‘‘Secretary of Ag19 riculture’’. 

20 (2) CONFORMING AMENDMENTS.—The Forest 

21 and Rangeland Renewable Resources Planning Act 

22 of 1974 (16 U.S.C. 1600 et seq.) is amended, in sec23 tions 4 through 9, 12, 13, and 15, by striking ‘‘Sec24 retary of Agriculture’’ each place it appears and in25 serting ‘‘Secretary’’. 

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1 SEC. 209. OREGON AND CALIFORNIA RAILROAD REVESTED 

2 LANDS AND COOS BAY WAGON ROAD RECON3 VEYED LANDS. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, with respect to the Oregon and California 

6 Railroad grant land revested in the United States by the 

7 Act of June 9, 1916 (39 Stat. 218, chapter 137), and the 

8 Coos Bay Wagon Road grant land reconveyed to the 

9 United States by the first section of the Act of February 

10 26, 1919 (40 Stat. 1179, chapter 47), that is managed 

11 under the Act of August 28, 1937 (43 U.S.C. 2601 et 

12 seq.), the Secretary of the Interior, acting through the Di13 rector of the Bureau of Land Management, shall not be 

14 required to engage in consultation under any law (includ15 ing section 7 of Public Law 93–205 (16 U.S.C. 1536) and 

16 section 402.16 of title 50, Code of Federal Regulations 

17 (or a successor regulation)), with respect to— 

18 (1) the listing of a species as threatened or en19 dangered, or a designation of critical habitat, pursu20 ant to Public Law 93–205 (16 U.S.C. 1531 et seq.), 

21 if a land use plan has been adopted by the Secretary 

22 of the Interior as of the date of listing or designa23 tion; and 

24 (2) any provision of a land use plan adopted as 

25 described in paragraph (1). 

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1 (b) EFFECT OF SECTION.—Nothing in this section 

2 affects any applicable requirement of the Secretary of the 

3 Interior to consult with the head of any other Federal de4 partment or agency— 

5 (1) regarding a project carried out, or proposed 

6 to be carried out, pursuant to Public Law 93–205 

7 (16 U.S.C. 1531 et seq.), including any requirement 

8 to consult regarding the consideration of the cumu9 lative impacts of completed, ongoing, and planned 

10 projects; or 

11 (2) with respect to the development of a new 

12 land use plan or the revision of or other significant 

13 change to an existing land use plan. 

14 SEC. 210. WILDFIRE HAZARD SEVERITY MAPPING FOR COM15 MUNITIES. 

16 (a) MAP REQUIRED.—Not later than 2 years after 

17 the date of the enactment of this section, the Secretary 

18 of Agriculture, acting through the Chief of the Forest 

19 Service, shall— 

20 (1) develop and publish a geospatial map appro21 priate for community-level use that depicts wildfire 

22 hazard severity to inform at-risk communities that 

23 are— 

24 (A) adjacent to National Forest System 

25 lands; or 

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1 (B) affected by wildland fire, as deter2 mined by the Secretary; and 

3 (2) disseminate the information under para4 graph (1) in an appropriate, web-based format for 

5 use by such communities to— 

6 (A) improve understanding of their risk 

7 profile; 

8 (B) clarify thinking on the nature and ef9 fect of wildfire risks; and 

10 (C) develop plans to manage and mitigate 

11 those risks. 

12 (b) PURPOSES OF MAP.—The purposes of the map 

13 required under subsection (a) are as follows: 

14 (1) To inform evaluations of wildfire risk. 

15 (2) To prioritize fuels management needs. 

16 (3) To depict the relative potential for wildfire 

17 that could be difficult for suppression resources to 

18 contain and that could cause ignitions to structures. 

19 (c) CONSULTATION.—In carrying out subsection (a), 

20 the Secretary of Agriculture and Chief of the Forest Serv21 ice shall consult with— 

22 (1) the Secretary of the Interior; 

23 (2) the Administrator of the Federal Emer24 gency Management Agency; 

25 (3) other appropriate Federal agencies; 

March 21, 2018 (6:08 p.m.)
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1 (4) States; 

2 (5) relevant colleges, universities, and institu3 tions of higher education with relevant expertise; 

4 and 

5 (6) other entities, as appropriate. 

6 (d) AT-RISK COMMUNITY DEFINED.—The term ‘‘at7 risk community’’ has the meaning given the term in sec8 tion 101 of the Healthy Forests Restoration Act of 2003 

9 (16 U.S.C. 6511). 

10 SEC. 211. VEGETATION MANAGEMENT, FACILITY INSPEC11 TION, AND OPERATION AND MAINTENANCE 

12 RELATING TO ELECTRIC TRANSMISSION AND 

13 DISTRIBUTION FACILITY RIGHTS OF WAY. 

14 (a) IN GENERAL.—Title V of the Federal Land Pol15 icy and Management Act of 1976 (43 U.S.C. 1761 et seq.) 

16 is amended by adding at the end the following: 

17 ‘‘SEC. 512. VEGETATION MANAGMENT, FACILITY INSPEC18 TION, AND OPERATION AND MAINTENANCE 

19 RELATING TO ELECTRIC TRANSMISSION AND 

20 DISTRIBUTION FACILITY RIGHTS OF WAY. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) HAZARD TREE.—The term ‘hazard tree’ 

23 means any tree or part thereof (whether located in24 side or outside a right-of-way) that has been des25 ignated, prior to tree failure, by a certified or liMarch 21, 2018 (6:08 p.m.)
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1 censed arborist or forester under the supervision of 

2 the Secretary concerned or the owner or operator of 

3 a transmission or distribution facility to be— 

4 ‘‘(A) dead, likely to die within the routine 

5 vegetation management cycle, or likely to fail 

6 within the routine vegetation management 

7 cycle; and 

8 ‘‘(B) if the tree or part of the tree failed, 

9 likely to— 

10 ‘‘(i) cause substantial damage or dis11 ruption to a transmission or distribution 

12 facility; or 

13 ‘‘(ii) come within 10 feet of an electric 

14 power line. 

15 ‘‘(2) OWNER; OPERATOR.—The terms ‘owner’ 

16 and ‘operator’ include contractors or other agents 

17 engaged by the owner or operator of an electric 

18 transmission or distribution facility. 

19 ‘‘(3) PLAN.—The term ‘plan’ means a vegeta20 tion management, facility inspection, and operation 

21 and maintenance plan that— 

22 ‘‘(A) is prepared by the owner or operator 

23 of 1 or more electric transmission or distribu24 tion facilities to cover 1 or more electric trans25 mission and distribution rights-of-way; and 

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1 ‘‘(B) provides for the long-term, cost-effec2 tive, efficient, and timely management of facili3 ties and vegetation within the width of the 

4 right-of-way and abutting Federal land, includ5 ing hazard trees, to enhance electric reliability, 

6 promote public safety, and avoid fire hazards. 

7 ‘‘(4) SECRETARY CONCERNED.—The term ‘Sec8 retary concerned’ means— 

9 ‘‘(A) the Secretary, with respect to public 

10 lands; and 

11 ‘‘(B) the Secretary of Agriculture, with re12 spect to National Forest System land. 

13 ‘‘(b) GUIDANCE.— 

14 ‘‘(1) IN GENERAL.—To enhance the reliability 

15 of the electric grid and reduce the threat of wildfire 

16 damage to, and wildfire caused by vegetation-related 

17 conditions within, electric transmission and distribu18 tion rights-of-way and abutting Federal land, includ19 ing hazard trees, the Secretary concerned shall issue 

20 and periodically update guidance to ensure that pro21 visions are appropriately developed and implemented 

22 for utility vegetation management, facility inspec23 tion, and operation and maintenance of rights-of24 way, regardless of the means by which the rights-ofMarch 21, 2018 (6:08 p.m.)
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1 way are established (including by grant, special use 

2 authorization, and easement). 

3 ‘‘(2) LIMITATION.—The guidance issued under 

4 paragraph (1) shall be compatible with mandatory 

5 reliability standards established by the Electric Reli6 ability Organization. 

7 ‘‘(3) CONSIDERATIONS.—The guidance issued 

8 under paragraph (1) shall take into account— 

9 ‘‘(A) all applicable law, including fire safe10 ty and electric system reliability requirements 

11 (including reliability standards established by 

12 the Electric Reliability Organization under sec13 tion 215 of the Federal Power Act (16 U.S.C. 

14 824o)); and 

15 ‘‘(B) the Memorandum of Understanding 

16 on Vegetation Management for Powerline 

17 Rights-of-Way between the Edison Electric In18 stitute, Utility Arborist Association, the Depart19 ment of the Interior, the Department of Agri20 culture, and the Environmental Protection 

21 Agency signed in 2016. 

22 ‘‘(4) REQUIREMENTS.—The guidance issued 

23 under paragraph (1) shall— 

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1 ‘‘(A) be developed in consultation with the 

2 owners of transmission and distribution facili3 ties that hold rights-of-way; 

4 ‘‘(B) seek to minimize the need for case5 by-case approvals for — 

6 ‘‘(i) routine vegetation management, 

7 facility inspection, and operation and 

8 maintenance activities; and 

9 ‘‘(ii) utility vegetation management 

10 activities that are necessary to control haz11 ard trees; and 

12 ‘‘(C) provide for prompt and timely review 

13 of requests to conduct vegetation management 

14 activities that require approval of the Secretary 

15 concerned, especially activities requiring expe16 dited or immediate action. 

17 ‘‘(c) VEGETATION MANAGEMENT, FACILITY INSPEC18 TION, AND OPERATION AND MAINTENANCE PLANS.— 

19 ‘‘(1) DEVELOPMENT AND SUBMISSION.—Con20 sistent with subsection (b), the Secretary concerned 

21 shall provide owners and operators of electric trans22 mission or distribution facilities located on public 

23 lands and National Forest System land, as applica24 ble, with the option to develop and submit a plan. 

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1 ‘‘(2) ERO STANDARDS.—Owners and operators 

2 subject to mandatory reliability standards estab3 lished by the Electric Reliability Organization (or 

4 superseding standards) may use those standards as 

5 part of the plan. 

6 ‘‘(3) PLAN REQUIREMENTS.—A plan developed 

7 under paragraph (1) shall— 

8 ‘‘(A) identify the applicable transmission 

9 or distribution facilities to be maintained; 

10 ‘‘(B) take into account operations and 

11 maintenance plans for the applicable trans12 mission or distribution line; 

13 ‘‘(C) describe the vegetation management, 

14 inspection, and operation and maintenance 

15 methods that may be used to comply with all 

16 applicable law, including fire safety require17 ments and reliability standards established by 

18 the Electric Reliability Organization; 

19 ‘‘(D) include schedules for— 

20 ‘‘(i) the applicable owner or operator 

21 to notify the Secretary concerned about 

22 routine and major maintenance; 

23 ‘‘(ii) the applicable owner or operator 

24 to request approval from the Secretary 

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1 concerned about undertaking routine and 

2 major maintenance; and 

3 ‘‘(iii) the Secretary concerned to re4 spond to a request by an owner or operator 

5 under clause (ii); and 

6 ‘‘(E) describe processes for— 

7 ‘‘(i) identifying changes in conditions; 

8 and 

9 ‘‘(ii) modifying the approved plan, if 

10 necessary. 

11 ‘‘(4) REVIEW AND APPROVAL PROCESS.— 

12 ‘‘(A) IN GENERAL.—The Secretary con13 cerned shall jointly develop a consolidated and 

14 coordinated process for the review and approval 

15 of plans submitted under paragraph (1) that— 

16 ‘‘(i) includes timelines and bench17 marks for— 

18 ‘‘(I) the submission of agency 

19 comments on the plans and schedules 

20 for final decision; and 

21 ‘‘(II) the timely review of modi22 fications of the plans in cases in 

23 which modifications are necessary; 

24 ‘‘(ii) is consistent with applicable law; 

25 and 

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1 ‘‘(iii) includes a process for modifica2 tions to a plan in a prompt manner if 

3 changed conditions necessitate a modifica4 tion to a plan; and 

5 ‘‘(iv) ensures, to the maximum extent 

6 practicable, a prompt review and approval 

7 process not to exceed 120 days. 

8 ‘‘(B) PLAN MODIFICATION.—Upon reason9 able advance notice to an owner or operator of 

10 an electric transmission or distribution facility 

11 of any changed conditions that warrant a modi12 fication to a plan, the Secretary concerned 

13 shall— 

14 ‘‘(i) provide an opportunity for the 

15 owner or operator to submit a proposed 

16 plan modification, consistent with the proc17 ess described under subparagraph (A)(iii), 

18 to address the changed condition identified 

19 by the Secretary concerned; 

20 ‘‘(ii) consider the proposed plan modi21 fication consistent with the process de22 scribed under paragraph (4)(A); and 

23 ‘‘(iii) allow the owner or operator to 

24 continue to implement any element of the 

25 approved plan that does not directly and 

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1 adversely affect the condition precipitating 

2 the need for modification. 

3 ‘‘(5) CATEGORIES OF ACTIONS NOT REQUIRING

4 ENVIRONMENTAL ANALYSIS.—With respect to the 

5 development and approval of plans submitted under 

6 paragraph (1), as well as with respect to actions car7 ried out under such plans, the Secretary concerned 

8 shall identify categories of actions for which neither 

9 an environmental impact statement nor an environ10 mental assessment shall be required under section 

11 1508.4 of title 40, Code of Federal Regulations (or 

12 a successor regulation). 

13 ‘‘(d) CERTAIN OWNERS AND OPERATORS.— 

14 ‘‘(1) IN GENERAL.—The owner or operator of 

15 an electric transmission or distribution facility that 

16 is not subject to the mandatory reliability standards 

17 established by the Electric Reliability Organization 

18 or that sold less than or equal to 1,000,000 mega19 watt hours of electric energy for purposes other than 

20 resale during each of the 3 calendar years imme21 diately preceding the date of enactment of this sec22 tion may enter into an agreement with the Secretary 

23 concerned in lieu of a plan under subsection (c). 

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1 ‘‘(2) MINIMUM REQUIREMENTS.—The Secretary 

2 concerned shall ensure that the minimum require3 ments for an agreement under paragraph (1)— 

4 ‘‘(A) reflect the relative financial resources 

5 of the applicable owner or operator compared to 

6 other owners or operators of an electric trans7 mission or distribution facility; 

8 ‘‘(B) include schedules as described in sub9 section (c)(3)(D); 

10 ‘‘(C) are subject to modification require11 ments as described in subsection (c)(4)(B); and 

12 ‘‘(D) comply with applicable law. 

13 ‘‘(e) EMERGENCY CONDITIONS.—If vegetation or 

14 hazard trees have contacted or present an imminent dan15 ger of contacting an electric transmission or distribution 

16 line from within or adjacent to an electric transmission 

17 or distribution right-of-way, the owner or operator of the 

18 electric transmission or distribution lines— 

19 ‘‘(1) may prune or remove the vegetation or 

20 hazard tree— 

21 ‘‘(A) to avoid the disruption of electric 

22 service; and 

23 ‘‘(B) to eliminate immediate fire and safe24 ty hazards; and 

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1 ‘‘(2) shall notify the appropriate local agent of 

2 the Secretary concerned not later than 1 day after 

3 the date of the response to emergency conditions. 

4 ‘‘(f) ACTIVITIES THAT REQUIRE APPROVAL.— 

5 ‘‘(1) IN GENERAL.—Except as provided under 

6 paragraph (3), the owner or operator of an electric 

7 transmission or distribution facility may conduct 

8 vegetation management activities that require ap9 proval of the Secretary concerned in accordance with 

10 a plan approved under subsection (c) or an agree11 ment entered into under subsection (d) only with the 

12 approval of the Secretary concerned. 

13 ‘‘(2) REQUIREMENT TO RESPOND.—The Sec14 retary concerned shall respond to a request for ap15 proval to conduct vegetation management activities 

16 in accordance with the applicable schedules in a plan 

17 approved under subsection (c) or an agreement en18 tered into under subsection (d). 

19 ‘‘(3) AUTHORIZED ACTIVITIES.—The owner or 

20 operator of an electric transmission or distribution 

21 facility may conduct vegetation management activi22 ties that require approval of the Secretary concerned 

23 in accordance with a plan approved under subsection 

24 (c) or an agreement entered into under subsection 

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1 (d) without the approval of the Secretary concerned 

2 if— 

3 ‘‘(A) the owner or operator submitted a re4 quest to the Secretary concerned in accordance 

5 with the applicable schedule in a plan approved 

6 under subsection (c) or an agreement entered 

7 into under subsection (d); 

8 ‘‘(B) the vegetation management activities, 

9 including the removal of hazard trees, proposed 

10 in the request under subparagraph (A) are in 

11 accordance with a plan approved under sub12 section (c) or an agreement entered into under 

13 subsection (d); and 

14 ‘‘(C) the Secretary concerned fails to re15 spond to the request under subparagraph (A) in 

16 accordance with the applicable schedule in a 

17 plan approved under subsection (c) or an agree18 ment entered into under subsection (d). 

19 ‘‘(g) LIABILITY.— 

20 ‘‘(1) IN GENERAL.—The Secretary concerned 

21 shall not impose strict liability for damages or injury 

22 resulting from— 

23 ‘‘(A) the Secretary concerned unreasonably 

24 withholding or delaying— 

March 21, 2018 (6:08 p.m.)
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1 ‘‘(i) approval of a plan under sub2 section (c); or 

3 ‘‘(ii) entrance into an agreement 

4 under subsection (d); or 

5 ‘‘(B) the Secretary concerned unreasonably 

6 failing to adhere to an applicable schedule in a 

7 plan approved under subsection (c) or an agree8 ment entered into under subsection (d). 

9 ‘‘(2) DAMAGES.—For the period ending 10 

10 years after the date of the enactment of this sub11 section, the Secretary concerned shall not impose 

12 strict liability in an amount greater than $500,000 

13 per incident for damages or injury resulting from ac14 tivities conducted by an owner or operator in accord15 ance with an approved agreement under subsection 

16 (d). 

17 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

18 paragraph (2) shall be construed to effect any liabil19 ity imposed by the Secretary concerned under sec20 tion 251.56(d) of title 36, Code of Federal Regula21 tions (as in effect on the date of the enactment of 

22 this section) and section 2807.12 of title 43, Code 

23 of Federal Regulations (as in effect on the date of 

24 the enactment of this section), for activities conMarch 21, 2018 (6:08 p.m.)
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1 ducted by an owner or operator in accordance with 

2 an approved plan under subsection (c). 

3 ‘‘(h) REPORTING REQUIREMENT.— 

4 ‘‘(1) ACTIVITIES THAT REQUIRE APPROVAL.— 

5 The Secretary concerned shall report requests and 

6 actions made under subsection (f) annually on the 

7 website of the Secretary concerned. 

8 ‘‘(2) LIABILITY.—Not later than four years 

9 after the date of enactment of this subsection, the 

10 Secretary concerned shall prepare and submit a re11 port to the Committee on Natural Resources of the 

12 House of Representatives and the Committee on En13 ergy and Natural Resources of the Senate that de14 scribes the effect on the Treasury of the strict liabil15 ity limitation established by subsection (g)(2). 

16 ‘‘(i) TRAINING AND GUIDANCE.—In consultation with 

17 the electric utility industry, the Secretary concerned is en18 couraged to develop a program to train personnel of the 

19 Department of the Interior and the Forest Service in20 volved in vegetation management decisions relating to 

21 electric transmission and distribution facilities to ensure 

22 that the personnel— 

23 ‘‘(1) understand electric system reliability re24 quirements as the requirements relate to vegetation 

25 management of transmission and distribution rightsMarch 21, 2018 (6:08 p.m.)
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1 of-way on Federal land, including reliability stand2 ards established by the Electric Reliability Organiza3 tion and fire safety requirements; 

4 ‘‘(2) assist owners and operators of electric 

5 transmission and distribution facilities in complying 

6 with applicable electric reliability and fire safety re7 quirements; 

8 ‘‘(3) encourage and assist willing owners and 

9 operators of electric transmission and distribution 

10 facilities to incorporate on a voluntary basis vegeta11 tion management practices to enhance habitats and 

12 forage for pollinators and for other wildlife if the 

13 practices are compatible with the integrated vegeta14 tion management practices necessary for reliability 

15 and safety; and 

16 ‘‘(4) understand how existing and emerging un17 manned technologies can help electric utilities, the 

18 Federal Government, State and local governments, 

19 and private landowners— 

20 ‘‘(A) to more efficiently identify vegetation 

21 management needs; 

22 ‘‘(B) to reduce the risk of wildfires; and 

23 ‘‘(C) to lower ratepayer energy costs. 

24 ‘‘(j) IMPLEMENTATION.—The Secretary concerned 

25 shall— 

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1 ‘‘(1) not later than 1 year after the date of en2 actment of this section, propose regulations, or 

3 amend existing regulations, to implement this sec4 tion; and 

5 ‘‘(2) not later than 2 years after the date of en6 actment of this section, finalize regulations, or 

7 amend existing regulations, to implement this sec8 tion. 

9 ‘‘(k) EXISTING VEGETATION MANAGEMENT, FACIL10 ITY INSPECTION, AND OPERATION AND MAINTENANCE

11 PLANS.—Nothing in this section requires an owner or op12 erator to develop and submit a new plan under this section 

13 if a plan consistent with this section has already been ap14 proved by the Secretary concerned before the date of en15 actment of this section.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for the Federal Land Policy and Management Act of 1976 

18 (43 U.S.C. 1761 et seq.), is amended by inserting after 

19 the item relating to section 511 the following new item: 

‘‘Sec. 512. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way.’’. 

20 SEC. 212. GOOD NEIGHBOR AUTHORITY IMPROVEMENT. 

21 Section 8206(a) of the Agricultural Act of 2014 (16 

22 U.S.C. 2113a(a)) is amended— 

23 (1) in paragraph (3)(B)(i), by striking ‘‘areas; 

24 or’’ and inserting the following: ‘‘areas, other than 

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1 the reconstruction, repair, or restoration of a Na2 tional Forest System road that is— 

3 ‘‘(I) necessary to carry out au4 thorized restoration services pursuant 

5 to a good neighbor agreement; and 

6 ‘‘(II) in the case of a National 

7 Forest System road that is deter8 mined to be unneeded in accordance 

9 with section 212.5(b)(2) of title 36, 

10 Code of Federal Regulations (as in ef11 fect on the date of enactment of the 

12 Good Neighbor Authority Improve13 ment Act), decommissioned in accord14 ance with subparagraph (A)(iii)— 

15 ‘‘(aa) in a manner that is 

16 consistent with the applicable 

17 travel management plan; and 

18 ‘‘(bb) not later than 3 years 

19 after the date on which the appli20 cable authorized restoration serv21 ices project is completed; or’’; 

22 (2) by redesignating paragraphs (6) and (7) as 

23 paragraphs (7) and (8), respectively; and 

24 (3) by inserting after paragraph (5) the fol25 lowing: 

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1 ‘‘(6) NATIONAL FOREST SYSTEM ROAD.—The 

2 term ‘National Forest System road’ has the meaning 

3 given the term in section 212.1 of title 36, Code of 

4 Federal Regulations (as in effect on the date of en5 actment of the Good Neighbor Authority Improve6 ment Act).’’. 

7 TITLE III—FEDERAL LAND 

8 TRANSACTION FACILITATION 

9 REAUTHORIZATION 

10 SEC. 301. SHORT TITLE. 

11 This title may be cited as the ‘‘Federal Land Trans12 action Facilitation Act Reauthorization of 2018’’. 

13 SEC. 302. FEDERAL LAND TRANSACTION FACILITATION 

14 ACT. 

15 The Federal Land Transaction Facilitation Act is 

16 amended— 

17 (1) in section 203(1) (43 U.S.C. 2302(1)), by 

18 striking ‘‘cultural, or’’ and inserting ‘‘cultural, rec19 reational access and use, or other’’; 

20 (2) in section 203(2) (43 U.S.C. 2302(2))— 

21 (A) in the matter preceding subparagraph 

22 (A), by striking ‘‘on the date of enactment of 

23 this Act was’’ and inserting ‘‘is’’; 

24 (B) by amending subparagraph (A) to read 

25 as follows: 

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1 ‘‘(A) a national monument, area of critical 

2 environmental concern, national conservation 

3 area, national riparian conservation area, na4 tional recreation area, national scenic area, re5 search natural area, national outstanding nat6 ural area, priority species and habitats des7 ignated in a land use plan in accordance with 

8 subpart E (entitled ‘‘Fish and Wildlife’’) of part 

9 I of Appendix C of Bureau of Land Manage10 ment Land Use Planning Handbook H-1601-1 

11 (Rel 1-1693), a special recreation management 

12 area, or a national natural landmark managed 

13 by the Bureau of Land Management;’’; and 

14 (C) by amending subparagraph (D) to read 

15 as follows: 

16 ‘‘(D) a National Forest or National Grass17 land in the National Forest System; or’’; 

18 (3) in section 203 (43 U.S.C. 2302), by insert19 ing the following paragraph after section 203(2) 

20 (and redesignating the following paragraphs accord21 ingly): 

22 ‘‘(3) INACCESSIBLE LANDS THAT ARE OPEN TO

23 PUBLIC HUNTING, FISHING, RECREATIONAL SHOOT24 ING, OR OTHER RECREATIONAL PURPOSES.—The 

25 term ‘inaccessible lands that are open to public 

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1 hunting, fishing, recreational shooting, or other rec2 reational purposes’ means public lands in Alaska 

3 and the eleven contiguous Western States (as de4 fined in section 103 of the Federal Land Policy and 

5 Management Act of 1976 (43 U.S.C. 1702)) con6 sisting of at least 640 contiguous acres on which the 

7 public is allowed under Federal or State law to hunt, 

8 fish, target shoot or use the land for other rec9 reational purposes but— 

10 ‘‘(A) to which there is no public access or 

11 egress; or 

12 ‘‘(B) to which public access or egress to 

13 the land is significantly restricted, as deter14 mined by the Secretary.’’; and 

15 (4) in section 205 (43 U.S.C. 2304)— 

16 (A) in subsection (a), by striking ‘‘section 

17 206’’ and all that follows through the period 

18 and inserting the following: ‘‘section 206— 

19 ‘‘(1) to complete appraisals and satisfy other 

20 legal requirements for the sale or exchange of public 

21 land identified for disposal under approved land use 

22 plans under section 202 of the Federal Land Policy 

23 and Management Act of 1976 (43 U.S.C. 1712); 

24 ‘‘(2) not later than 180 days after the date of 

25 the enactment of the Federal Land Transaction FaMarch 21, 2018 (6:08 p.m.)
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1 cilitation Act Reauthorization of 2018, to establish 

2 and make available to the public, on the website of 

3 the Department of the Interior, a database con4 taining a comprehensive list of all the land referred 

5 to in paragraph (1); and 

6 ‘‘(3) to maintain the database referred to in 

7 paragraph (2).’’; and 

8 (B) by striking subsection (d); 

9 (5) in section 206(c)(2) (43 U.S.C. 

10 2305(c)(2))— 

11 (A) in subparagraph(A)(i), by striking 

12 ‘‘inholdings; and’’ and inserting ‘‘inholdings;’’; 

13 (B) in subparagraph (A)(ii), by striking 

14 ‘‘exceptional resources.’’ and inserting ‘‘excep15 tional resources; or’’; 

16 (C) in subparagraph (A), by inserting after 

17 clause (ii), ‘‘(iii) adjacent to inaccessible lands 

18 open to public hunting, fishing, recreational 

19 shooting, or other recreational purposes.’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(E) Any funds made available under sub22 paragraph (D) that are not obligated or ex23 pended by the end of the fourth full fiscal year 

24 after the date of the sale or exchange of land 

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1 that generated the funds may be expended in 

2 any State.’’; 

3 (6) in section 206(c)(3) (43 U.S.C. 

4 2305(c)(3))— 

5 (A) by inserting after subparagraph (A) 

6 the following: 

7 ‘‘(B) the extent to which the acquisition of 

8 the land or interest therein will increase the 

9 public availability of resources for, and facilitate 

10 public access to, hunting, fishing, and other rec11 reational activities;’’; and 

12 (B) by redesignating subparagraphs (B) 

13 and (C) as subparagraphs (C) and (D); 

14 (7) by striking section 206(f) (43 U.S.C. 

15 2305(f)); and 

16 (8) in section 207(b) (43 U.S.C. 2306(b))— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘96–568’’ and insert19 ing ‘‘96–586’’; and 

20 (ii) by striking ‘‘; or’’ and inserting a 

21 semicolon; 

22 (B) in paragraph (2)— 

23 (i) by inserting ‘‘Public Law 105– 

24 263;’’ before ‘‘112 Stat.’’; and 

March 21, 2018 (6:08 p.m.)
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1 (ii) by striking the period at the end 

2 and inserting a semicolon; and 

3 (C) by adding at the end the following: 

4 ‘‘(3) the White Pine County Conservation, 

5 Recreation, and Development Act of 2006 (Public 

6 Law 109–432; 120 Stat. 3028); 

7 ‘‘(4) the Lincoln County Conservation, Recre8 ation, and Development Act of 2004 (Public Law 

9 108–424; 118 Stat. 2403); 

10 ‘‘(5) subtitle F of title I of the Omnibus Public 

11 Land Management Act of 2009 (16 U.S.C. 1132 

12 note; Public Law 111–11); 

13 ‘‘(6) subtitle O of title I of the Omnibus Public 

14 Land Management Act of 2009 (16 U.S.C. 460www 

15 note, 1132 note; Public Law 111–11); 

16 ‘‘(7) section 2601 of the Omnibus Public Land 

17 Management Act of 2009 (Public Law 111–11; 123 

18 Stat. 1108); or 

19 ‘‘(8) section 2606 of the Omnibus Public Land 

20 Management Act of 2009 (Public Law 111–11; 123 

21 Stat. 1121).’’. 

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1 TITLE IV—EXTENSION OF SE2 CURE RURAL SCHOOLS AND 

3 COMMUNITY SELF-DETER4 MINATION ACT OF 2000 

5 SEC. 401. EXTENSION OF SECURE RURAL SCHOOLS AND 

6 COMMUNITY SELF-DETERMINATION ACT OF 

7 2000. 

8 (a) SECURE PAYMENTS FOR STATES AND COUNTIES

9 CONTAINING FEDERAL LAND.— 

10 (1) FULL FUNDING AMOUNT.—Section 3(11) of 

11 the Secure Rural Schools and Community Self-De12 termination Act (16 U.S.C. 7102(11)) is amended— 

13 (A) in subparagraph (B), by striking 

14 ‘‘and’’; 

15 (B) in subparagraph (C)— 

16 (i) by striking ‘‘and each fiscal year 

17 thereafter’’ and inserting ‘‘through fiscal 

18 year 2015’’; and 

19 (ii) by striking the period and insert20 ing a semi-colon; and 

21 (C) by adding at the end the following: 

22 ‘‘(D) for fiscal year 2017, the amount that 

23 is equal to 95 percent of the full funding 

24 amount for fiscal year 2015; and 

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1 ‘‘(E) for fiscal year 2018 and each fiscal 

2 year thereafter, the amount that is equal to 95 

3 percent of the full funding amount for the pre4 ceding fiscal year.’’. 

5 (2) SECURE PAYMENTS.— 

6 (A) IN GENERAL.—Section 101 of the Se7 cure Rural Schools and Community Self-Deter8 mination Act of 2000 (16 U.S.C. 7111) is 

9 amended, in subsections (a) and (b), by striking 

10 ‘‘2015’’ each place it appears and inserting 

11 ‘‘2015, 2017, and 2018’’. 

12 (B) SPECIAL RULE FOR FISCAL YEAR 2017

13 PAYMENTS.—Section 101 of the Secure Rural 

14 Schools and Community Self-Determination Act 

15 of 2000 (16 U.S.C. 7111) is amended by add16 ing at the end the following: 

17 ‘‘(d) SPECIAL RULE FOR FISCAL YEAR 2017 PAY18 MENTS.— 

19 ‘‘(1) STATE PAYMENT.—If an eligible county in 

20 a State that will receive a share of the State pay21 ment for fiscal year 2017 has already received, or 

22 will receive, a share of the 25-percent payment for 

23 fiscal year 2017 distributed to the State before the 

24 date of enactment of this subsection, the amount of 

25 the State payment shall be reduced by the amount 

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1 of the share of the eligible county of the 25-percent 

2 payment. 

3 ‘‘(2) COUNTY PAYMENT.—If an eligible county 

4 that will receive a county payment for fiscal year 

5 2017 has already received a 50-percent payment for 

6 fiscal year 2017, the amount of the county payment 

7 shall be reduced by the amount of the 50-percent 

8 payment. 

9 ‘‘(3) PROMPT PAYMENT.—Not later than 45 

10 days after the date of enactment of this subsection, 

11 the Secretary of the Treasury shall make all pay12 ments under this title for fiscal year 2017.’’. 

13 (3) PAYMENTS TO STATES AND COUNTIES.— 

14 (A) ELECTION TO RECEIVE PAYMENT

15 AMOUNT.—Section 102(b) of the Secure Rural 

16 Schools and Community Self-Determination Act 

17 of 2000 (16 U.S.C. 7112(b)) is amended— 

18 (i) in paragraph (1), by adding after 

19 subparagraph (C) the following: 

20 ‘‘(D) PAYMENTS FOR FISCAL YEARS 2017

21 AND 2018.—The election otherwise required by 

22 subparagraph (A) shall not apply for fiscal 

23 years 2017 or 2018.’’; and 

24 (ii) in paragraph (2)— 

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1 (I) in subparagraph (A), by in2 serting ‘‘and for fiscal years 2017 and 

3 2018’’ after ‘‘2015’’; and 

4 (II) in subparagraph (B), by in5 serting ‘‘and for fiscal years 2017 and 

6 2018’’ after ‘‘2015’’. 

7 (B) EXPENDITURE RULES FOR ELIGIBLE

8 COUNTIES.—Section 102(d) of the Secure Rural 

9 Schools and Community Self-Determination Act 

10 of 2000 (16 U.S.C. 7112(d)) is amended— 

11 (i) in paragraph (1), by adding after 

12 subparagraph (E) the following: 

13 ‘‘(F) PAYMENTS FOR FISCAL YEARS 2017

14 AND 2018.—The election made by an eligible 

15 county under subparagraph (B), (C), or (D) for 

16 fiscal year 2013, or deemed to be made by the 

17 county under paragraph (3)(B) for that fiscal 

18 year, shall be effective for fiscal years 2017 and 

19 2018.’’; and 

20 (ii) in paragraph (3)— 

21 (I) in subparagraph (B)(ii), by 

22 striking ‘‘purpose described in section 

23 202(b)’’ and inserting ‘‘purposes de24 scribed in section 202(b), section 

25 203(c), or section 204(a)(5)’’; and 

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1 (II) by adding after subpara2 graph (C) the following: 

3 ‘‘(D) PAYMENTS FOR FISCAL YEARS 2017

4 AND 2018.—This paragraph does not apply for 

5 fiscal years 2017 and 2018.’’. 

6 (C) ELECTIONS AS TO ALLOCATION OF

7 BALANCE.—Section 102(d)(1) of the Secure 

8 Rural Schools and Community Self-Determina9 tion Act of 2000 (16 U.S.C. 7112(d)(1)) is 

10 amended— 

11 (i) in subparagraph (B)(ii), by strik12 ing ‘‘not more than 7 percent of the total 

13 share for the eligible county of the State 

14 payment or the county payment’’ and in15 serting ‘‘any portion of the balance’’; and 

16 (ii) by striking subparagraph (C) and 

17 inserting the following: 

18 ‘‘(C) COUNTIES WITH MAJOR DISTRIBU19 TIONS.—In the case of each eligible county to 

20 which $350,000 or more is distributed for any 

21 fiscal year pursuant to paragraph (1)(B) or 

22 (2)(B) of subsection (a), the eligible county 

23 shall elect to do 1 or more of the following with 

24 the balance of any funds not expended pursuant 

25 to subparagraph (A): 

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1 ‘‘(i) Reserve any portion of the bal2 ance for projects in accordance with title 

3 II. 

4 ‘‘(ii) Reserve not more than 7 percent 

5 of the total share for the eligible county of 

6 the State payment or the county payment 

7 for projects in accordance with title III. 

8 ‘‘(iii) Return the portion of the bal9 ance not reserved under clauses (i) and (ii) 

10 to the Treasury of the United States.’’. 

11 (D) TREATMENT AS SUPPLEMENTAL

12 FUNDING.—Section 102 of the Secure Rural 

13 Schools and Community Self-Determination Act 

14 of 2000 (16 U.S.C. 7112) is amended by add15 ing at the end the following: 

16 ‘‘(f) TREATMENT AS SUPPLEMENTAL FUNDING.— 

17 ‘‘(1) IN GENERAL.—None of the funds made 

18 available to an eligible county under this Act may be 

19 used in lieu of, or to otherwise offset, a State fund20 ing source for a local school, facility, or educational 

21 purpose. 

22 ‘‘(2) CONTINUATION OF DIRECT PAYMENTS.— 

23 Payments to States made under the Secure Rural 

24 Schools and Community Self-Determination Act of 

25 2000 (16 U.S.C. 7101 et seq.) and 25-percent payMarch 21, 2018 (6:08 p.m.)
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1 ments made to States and Territories under the 

2 Acts of May 23, 1908, and March 1, 1911 (16 

3 U.S.C. 500), shall continue to be made as direct 

4 payments and not as Federal financial assistance.’’. 

5 (E) DISTRIBUTION OF PAYMENTS TO ELI6 GIBLE COUNTIES.—Section 103(d)(2) of the Se7 cure Rural Schools and Community Self-Deter8 mination Act of 2000 (16 U.S.C. 7113(d)(2)) is 

9 amended by striking ‘‘2015’’ and inserting ‘‘and 

10 for fiscal years 2017 and 2018’’. 

11 (b) CONTINUATION OF AUTHORITY TO CONDUCT

12 SPECIAL PROJECTS ON FEDERAL LAND.— 

13 (1) REPEAL OF CONTRACTING PILOT PRO14 GRAM.—Section 204(e) of the Secure Rural Schools 

15 and Community Self-Determination Act of 2000 (16 

16 U.S.C. 7124(e)) is amended by striking paragraph 

17 (3). 

18 (2) RESOURCE ADVISORY COMMITTEES.—Sec19 tion 205(a)(4) of the Secure Rural Schools and 

20 Community Self-Determination Act of 2000 (16 

21 U.S.C. 7125(a)(4)) is amended by striking ‘‘2012’’ 

22 each place it appears and inserting ‘‘2018’’. 

23 (3) AVAILABILITY OF PROJECT FUNDS.—Sec24 tion 207(d)(2) of the Secure Rural Schools and 

25 Community Self-Determination Act of 2000 (16 

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1 U.S.C. 7127(d)(2)) is amended by striking ‘‘sub2 paragraph (B)’’ and inserting ‘‘subparagraph (B)(i), 

3 (B)(ii),’’. 

4 (4) TERMINATION OF AUTHORITY.—Section 

5 208 of the Secure Rural Schools and Community 

6 Self-Determination Act of 2000 (16 U.S.C. 7128) is 

7 amended— 

8 (A) in subsection (a), by striking ‘‘2017’’ 

9 and inserting ‘‘2020’’; and 

10 (B) in subsection (b), by striking ‘‘2018’’ 

11 and inserting ‘‘2021’’. 

12 (c) TERMINATION OF AUTHORITY.—Section 304 of 

13 the Secure Rural Schools and Community Self-Determina14 tion Act of 2000 (16 U.S.C. 7144) is amended— 

15 (1) in subsection (a), by striking ‘‘2017’’ and 

16 inserting ‘‘2020’’; and 

17 (2) in subsection (b), by striking ‘‘2018’’ and 

18 inserting ‘‘2021’’. 

19 SEC. 402. ADDITIONAL AUTHORIZED USE OF RESERVED 

20 FUNDS FOR TITLE III COUNTY PROJECTS. 

21 Section 302(a) of the Secure Rural Schools and Com22 munity Self-Determination Act of 2000 (16 U.S.C. 

23 7142(a)) is amended— 

24 (1) in paragraph (2)— 

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1 (A) by inserting ‘‘and law enforcement pa2 trols’’ after ‘‘including firefighting’’; and 

3 (B) by striking ‘‘and’’ at the end; 

4 (2) in paragraph (3), by inserting ‘‘and carry 

5 out’’ after ‘‘develop’’; 

6 (3) by redesignating paragraph (3) as para7 graph (4); and 

8 (4) by inserting after paragraph (2) the fol9 lowing new paragraph (3): 

10 ‘‘(3) to cover training costs and equipment pur11 chases directly related to the emergency services de12 scribed in paragraph (2); and’’. 

13 TITLE V—STRATEGIC PETRO14 LEUM RESERVE DRAWDOWN 

15 SEC. 501. STRATEGIC PETROLEUM RESERVE DRAWDOWN. 

16 (a) DRAWDOWN AND SALE.— 

17 (1) IN GENERAL.—Notwithstanding section 161 

18 of the Energy Policy and Conservation Act (42 

19 U.S.C. 6241), except as provided in subsection (b), 

20 the Secretary of Energy shall draw down and sell 

21 10,000,000 barrels of crude oil from the Strategic 

22 Petroleum Reserve during the period of fiscal years 

23 2020 through 2021. 

24 (2) DEPOSIT OF AMOUNTS RECEIVED FROM

25 SALE.—Amounts received from a sale under paraMarch 21, 2018 (6:08 p.m.)
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1 graph (1) shall be deposited in the general fund of 

2 the Treasury during the fiscal year in which the sale 

3 occurs. 

4 (b) EMERGENCY PROTECTION.—The Secretary of 

5 Energy may not draw down and sell crude oil under this 

6 section in quantities that would limit the authority to sell 

7 petroleum products under subsection (h) of section 161 

8 of the Energy Policy and Conservation Act (42 U.S.C. 

9 6241) in the full quantity authorized by that subsection. 

10 (c) STRATEGIC PETROLEUM DRAWDOWN LIMITA11 TIONS.—Section 161(h)(2) of the Energy Policy and Con12 servation Act (42 U.S.C. 6241(h)(2)) is amended by strik13 ing ‘‘350,000,000’’ each place it appears and inserting 

14 ‘‘340,000,000’’. 

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1 DIVISION P—RAY BAUM’S ACT 

2 OF 2018 

3 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This division may be cited as the 

5 ‘‘Repack Airwaves Yielding Better Access for Users of 

6 Modern Services Act of 2018’’ or the ‘‘RAY BAUM’S Act 

7 of 2018’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this division is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Commission defined. 

TITLE I—FCC REAUTHORIZATION 

Sec. 101. Authorization of appropriations. 

Sec. 102. Application and regulatory fees. 

Sec. 103. Effective date. 

TITLE II—APPLICATION OF ANTIDEFICIENCY ACT 

Sec. 201. Application of Antideficiency Act to Universal Service Program. 

TITLE III—SECURING ACCESS TO NETWORKS IN DISASTERS 

Sec. 301. Study on network resiliency. 

Sec. 302. Access to essential service providers during federally declared emergencies. 

Sec. 303. Definitions. 

TITLE IV—FCC CONSOLIDATED REPORTING 

Sec. 401. Communications marketplace report. 

Sec. 402. Consolidation of redundant reports; conforming amendments. 

Sec. 403. Effect on authority. 

Sec. 404. Other reports. 

TITLE V—ADDITIONAL PROVISIONS 

Sec. 501. Independent Inspector General for FCC. 

Sec. 502. Authority of Chief Information Officer. 

Sec. 503. Spoofing prevention. 

Sec. 504. Report on promoting broadband Internet access service for veterans. 

Sec. 505. Methodology for collection of mobile service coverage data. 

Sec. 506. Accuracy of dispatchable location for 9–1–1 calls. 

Sec. 507. NTIA study on interagency process following cybersecurity incidents. 

Sec. 508. Tribal digital access. 

Sec. 509. Terms of office and vacancies. 

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Sec. 510. Joint board recommendation. 

Sec. 511. Disclaimer for press releases regarding notices of apparent liability. 

Sec. 512. Reports related to spectrum auctions. 

TITLE VI—MOBILE NOW 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Identifying 255 megahertz. 

Sec. 604. Millimeter wave spectrum. 

Sec. 605. 3 gigahertz spectrum. 

Sec. 606. Communications facilities deployment on Federal property. 

Sec. 607. Broadband infrastructure deployment. 

Sec. 608. Communications facilities installation. 

Sec. 609. Reallocation incentives. 

Sec. 610. Bidirectional sharing study. 

Sec. 611. Unlicensed services in guard bands. 

Sec. 612. Pre-auction funding. 

Sec. 613. Immediate transfer of funds. 

Sec. 614. Amendments to the Spectrum Pipeline Act of 2015. 

Sec. 615. GAO assessment of unlicensed spectrum and Wi-Fi use in low-income 

neighborhoods. 

Sec. 616. Rulemaking related to partitioning or disaggregating licenses. 

Sec. 617. Unlicensed spectrum policy. 

Sec. 618. National plan for unlicensed spectrum. 

Sec. 619. Spectrum challenge prize. 

Sec. 620. Wireless telecommunications tax and fee collection fairness. 

Sec. 621. Rules of construction. 

Sec. 622. Relationship to Middle Class Tax Relief and Job Creation Act of 

2012. 

Sec. 623. No additional funds authorized. 

1 SEC. 2. COMMISSION DEFINED. 

2 In this division, the term ‘‘Commission’’ means the 

3 Federal Communications Commission. 

4 TITLE I—FCC 

5 REAUTHORIZATION 

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—Section 6 of the Communications 

8 Act of 1934 (47 U.S.C. 156) is amended to read as fol9 lows: 

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1 ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) AUTHORIZATION.—There are authorized to be 

3 appropriated to the Commission to carry out the functions 

4 of the Commission $333,118,000 for fiscal year 2019 and 

5 $339,610,000 for fiscal year 2020. 

6 ‘‘(b) OFFSETTING COLLECTIONS.—The sum appro7 priated in any fiscal year to carry out the activities de8 scribed in subsection (a), to the extent and in the amounts 

9 provided for in Appropriations Acts, shall be derived from 

10 fees authorized by section 9.’’. 

11 (b) DEPOSITS OF BIDDERS TO BE DEPOSITED IN

12 TREASURY.—Section 309(j)(8)(C) of the Communications 

13 Act of 1934 (47 U.S.C. 309(j)(8)(C)) is amended— 

14 (1) in the first sentence, by striking ‘‘an inter15 est bearing account’’ and all that follows and insert16 ing ‘‘the Treasury.’’; 

17 (2) in clause (i)— 

18 (A) by striking ‘‘paid to the Treasury’’ and 

19 inserting ‘‘deposited in the general fund of the 

20 Treasury (where such deposits shall be used for 

21 the sole purpose of deficit reduction)’’; and 

22 (B) by striking the semicolon and inserting 

23 ‘‘; and’’; 

24 (3) in clause (ii), by striking ‘‘; and’’ and in25 serting ‘‘, and payments representing the return of 

26 such deposits shall not be subject to administrative 

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1 offset under section 3716(c) of title 31, United 

2 States Code.’’; and 

3 (4) by striking clause (iii). 

4 (c) ELIMINATION OF DUPLICATIVE AUTHORIZATION

5 OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—Section 710 of the Tele7 communications Act of 1996 (Public Law 104–104) 

8 is repealed. 

9 (2) CONFORMING AMENDMENT.—The table of 

10 contents in section 2 of such Act is amended by 

11 striking the item relating to section 710. 

12 (d) TRANSFER OF FUNDS.—On the effective date de13 scribed in section 103 of this title, any amounts in the 

14 account providing appropriations to carry out the func15 tions of the Commission that were collected in excess of 

16 the amounts provided for in Appropriations Acts in any 

17 fiscal year prior to such date shall be transferred to the 

18 general fund of the Treasury of the United States for the 

19 sole purpose of deficit reduction. 

20 SEC. 102. APPLICATION AND REGULATORY FEES. 

21 (a) APPLICATION FEES.—Section 8 of the Commu22 nications Act of 1934 (47 U.S.C. 158) is amended to read 

23 as follows: 

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1 ‘‘SEC. 8. APPLICATION FEES. 

2 ‘‘(a) GENERAL AUTHORITY; ESTABLISHMENT OF

3 SCHEDULE.—The Commission shall assess and collect ap4 plication fees at such rates as the Commission shall estab5 lish in a schedule of application fees to recover the costs 

6 of the Commission to process applications. 

7 ‘‘(b) ADJUSTMENT OF SCHEDULE.— 

8 ‘‘(1) IN GENERAL.—In every even-numbered 

9 year, the Commission shall review the schedule of 

10 application fees established under this section and, 

11 except as provided in paragraph (2), set a new 

12 amount for each fee in the schedule that is equal to 

13 the amount of the fee on the date when the fee was 

14 established or the date when the fee was last amend15 ed under subsection (c), whichever is later— 

16 ‘‘(A) increased or decreased by the per17 centage change in the Consumer Price Index 

18 during the period beginning on such date and 

19 ending on the date of the review; and 

20 ‘‘(B) rounded to the nearest $5 increment. 

21 ‘‘(2) THRESHOLD FOR ADJUSTMENT.—The 

22 Commission may not adjust a fee under paragraph 

23 (1) if— 

24 ‘‘(A) in the case of a fee the current 

25 amount of which is less than $200, the adjustMarch 21, 2018 (6:08 p.m.)
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1 ment would result in a change in the current 

2 amount of less than $10; or 

3 ‘‘(B) in the case of a fee the current 

4 amount of which is $200 or more, the adjust5 ment would result in a change in the current 

6 amount of less than 5 percent. 

7 ‘‘(3) CURRENT AMOUNT DEFINED.—In para8 graph (2), the term ‘current amount’ means, with 

9 respect to a fee, the amount of the fee on the date 

10 when the fee was established, the date when the fee 

11 was last adjusted under paragraph (1), or the date 

12 when the fee was last amended under subsection (c), 

13 whichever is latest. 

14 ‘‘(c) AMENDMENTS TO SCHEDULE.—In addition to 

15 the adjustments required by subsection (b), the Commis16 sion shall by rule amend the schedule of application fees 

17 established under this section if the Commission deter18 mines that the schedule requires amendment— 

19 ‘‘(1) so that such fees reflect increases or de20 creases in the costs of processing applications at the 

21 Commission; or 

22 ‘‘(2) so that such schedule reflects the consoli23 dation or addition of new categories of applications. 

24 ‘‘(d) EXCEPTIONS.— 

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1 ‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLI2 CABLE.—The application fees established under this 

3 section shall not be applicable to— 

4 ‘‘(A) a governmental entity; 

5 ‘‘(B) a nonprofit entity licensed in the 

6 Local Government, Police, Fire, Highway Main7 tenance, Forestry-Conservation, Public Safety, 

8 or Special Emergency Radio radio services; or 

9 ‘‘(C) a noncommercial radio station or 

10 noncommercial television station. 

11 ‘‘(2) COST OF COLLECTION.—If, in the judg12 ment of the Commission, the cost of collecting an 

13 application fee established under this section would 

14 exceed the amount collected, the Commission may by 

15 rule eliminate such fee. 

16 ‘‘(e) DEPOSIT OF COLLECTIONS.—Moneys received 

17 from application fees established under this section shall 

18 be deposited in the general fund of the Treasury.’’. 

19 (b) REGULATORY FEES.—Section 9 of the Commu20 nications Act of 1934 (47 U.S.C. 159) is amended to read 

21 as follows: 

22 ‘‘SEC. 9. REGULATORY FEES. 

23 ‘‘(a) GENERAL AUTHORITY.—The Commission shall 

24 assess and collect regulatory fees to recover the costs of 

25 carrying out the activities described in section 6(a) only 

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1 to the extent, and in the total amounts, provided for in 

2 Appropriations Acts. 

3 ‘‘(b) ESTABLISHMENT OF SCHEDULE.—The Com4 mission shall assess and collect regulatory fees at such 

5 rates as the Commission shall establish in a schedule of 

6 regulatory fees that will result in the collection, in each 

7 fiscal year, of an amount that can reasonably be expected 

8 to equal the amounts described in subsection (a) with re9 spect to such fiscal year. 

10 ‘‘(c) ADJUSTMENT OF SCHEDULE.— 

11 ‘‘(1) IN GENERAL.—For each fiscal year, the 

12 Commission shall by rule adjust the schedule of reg13 ulatory fees established under this section to— 

14 ‘‘(A) reflect unexpected increases or de15 creases in the number of units subject to the 

16 payment of such fees; and 

17 ‘‘(B) result in the collection of the amount 

18 required by subsection (b). 

19 ‘‘(2) ROUNDING.—In making adjustments 

20 under this subsection, the Commission may round 

21 fees to the nearest $5 increment. 

22 ‘‘(d) AMENDMENTS TO SCHEDULE.—In addition to 

23 the adjustments required by subsection (c), the Commis24 sion shall by rule amend the schedule of regulatory fees 

25 established under this section if the Commission deterMarch 21, 2018 (6:08 p.m.)
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1 mines that the schedule requires amendment so that such 

2 fees reflect the full-time equivalent number of employees 

3 within the bureaus and offices of the Commission, ad4 justed to take into account factors that are reasonably re5 lated to the benefits provided to the payor of the fee by 

6 the Commission’s activities. In making an amendment 

7 under this subsection, the Commission may not change the 

8 total amount of regulatory fees required by subsection (b) 

9 to be collected in a fiscal year. 

10 ‘‘(e) EXCEPTIONS.— 

11 ‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLI12 CABLE.—The regulatory fees established under this 

13 section shall not be applicable to— 

14 ‘‘(A) a governmental entity or nonprofit 

15 entity; 

16 ‘‘(B) an amateur radio operator licensee 

17 under part 97 of the Commission’s rules (47 

18 CFR part 97); or 

19 ‘‘(C) a noncommercial radio station or 

20 noncommercial television station. 

21 ‘‘(2) COST OF COLLECTION.—If, in the judg22 ment of the Commission, the cost of collecting a reg23 ulatory fee established under this section from a 

24 party would exceed the amount collected from such 

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1 party, the Commission may exempt such party from 

2 paying such fee. 

3 ‘‘(f) DEPOSIT OF COLLECTIONS.— 

4 ‘‘(1) IN GENERAL.—Amounts received from fees 

5 authorized by this section shall be deposited as an 

6 offsetting collection in, and credited to, the account 

7 through which funds are made available to carry out 

8 the activities described in section 6(a). 

9 ‘‘(2) DEPOSIT OF EXCESS COLLECTIONS.—Any 

10 regulatory fees collected in excess of the total 

11 amount of fees provided for in Appropriations Acts 

12 for a fiscal year shall be deposited in the general 

13 fund of the Treasury of the United States for the 

14 sole purpose of deficit reduction.’’. 

15 (c) PROVISIONS APPLICABLE TO APPLICATION AND

16 REGULATORY FEES.—Title I of the Communications Act 

17 of 1934 (47 U.S.C. 151 et seq.) is amended by inserting 

18 after section 9 the following: 

19 ‘‘SEC. 9A. PROVISIONS APPLICABLE TO APPLICATION AND 

20 REGULATORY FEES. 

21 ‘‘(a) JUDICIAL REVIEW PROHIBITED.—Any adjust22 ment or amendment to a schedule of fees under subsection 

23 (b) or (c) of section 8 or subsection (c) or (d) of section 

24 9 is not subject to judicial review. 

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1 ‘‘(b) NOTICE TO CONGRESS.—The Commission shall 

2 transmit to Congress notification— 

3 ‘‘(1) of any adjustment under section 8(b) or 

4 9(c) immediately upon the adoption of such adjust5 ment; and 

6 ‘‘(2) of any amendment under section 8(c) or 

7 9(d) not later than 90 days before the effective date 

8 of such amendment. 

9 ‘‘(c) ENFORCEMENT.— 

10 ‘‘(1) PENALTIES FOR LATE PAYMENT.—The 

11 Commission shall by rule prescribe an additional 

12 penalty for late payment of fees under section 8 or 

13 9. Such additional penalty shall be 25 percent of the 

14 amount of the fee that was not paid in a timely 

15 manner. 

16 ‘‘(2) INTEREST ON UNPAID FEES AND PEN17 ALTIES.—The Commission shall charge interest, at a 

18 rate determined under section 3717 of title 31, 

19 United States Code, on a fee under section 8 or 9 

20 or an additional penalty under this subsection that 

21 is not paid in a timely manner. Such section 3717 

22 shall not otherwise apply with respect to such a fee 

23 or penalty. 

24 ‘‘(3) DISMISSAL OF APPLICATIONS OR FIL25 INGS.—The Commission may dismiss any applicaMarch 21, 2018 (6:08 p.m.)
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1 tion or other filing for failure to pay in a timely 

2 manner any fee under section 8 or 9 or any interest 

3 or additional penalty under this subsection. 

4 ‘‘(4) REVOCATIONS.— 

5 ‘‘(A) IN GENERAL.—In addition to or in 

6 lieu of the penalties and dismissals authorized 

7 by this subsection, the Commission may revoke 

8 any instrument of authorization held by any li9 censee that has not paid in a timely manner a 

10 regulatory fee assessed under section 9 or any 

11 related interest or penalty. 

12 ‘‘(B) NOTICE.—Revocation action may be 

13 taken by the Commission under this paragraph 

14 after notice of the Commission’s intent to take 

15 such action is sent to the licensee by registered 

16 mail, return receipt requested, at the licensee’s 

17 last known address. The notice shall provide the 

18 licensee at least 30 days to either pay the fee, 

19 interest, and any penalty or show cause why the 

20 fee, interest, or penalty does not apply to the li21 censee or should otherwise be waived or pay22 ment deferred. 

23 ‘‘(C) HEARING.— 

24 ‘‘(i) GENERALLY NOT REQUIRED.—A 

25 hearing is not required under this paraMarch 21, 2018 (6:08 p.m.)
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1 graph unless the licensee’s response pre2 sents a substantial and material question 

3 of fact. 

4 ‘‘(ii) EVIDENCE AND BURDENS.—In 

5 any case where a hearing is conducted 

6 under this paragraph, the hearing shall be 

7 based on written evidence only, and the 

8 burden of proceeding with the introduction 

9 of evidence and the burden of proof shall 

10 be on the licensee. 

11 ‘‘(iii) COSTS.—Unless the licensee 

12 substantially prevails in the hearing, the 

13 Commission may assess the licensee for the 

14 costs of such hearing. 

15 ‘‘(D) OPPORTUNITY TO PAY PRIOR TO

16 REVOCATION.—Any Commission order adopted 

17 under this paragraph shall determine the 

18 amount due, if any, and provide the licensee 

19 with at least 30 days to pay that amount or 

20 have its authorization revoked. 

21 ‘‘(E) FINALITY.—No order of revocation 

22 under this paragraph shall become final until 

23 the licensee has exhausted its right to judicial 

24 review of such order under section 402(b)(5). 

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1 ‘‘(d) WAIVER, REDUCTION, AND DEFERMENT.—The 

2 Commission may waive, reduce, or defer payment of a fee 

3 under section 8 or 9 or an interest charge or penalty under 

4 this section in any specific instance for good cause shown, 

5 where such action would promote the public interest. 

6 ‘‘(e) PAYMENT RULES.—The Commission shall by 

7 rule permit payment— 

8 ‘‘(1) in the case of fees under section 8 or 9 in 

9 large amounts, by installments; and 

10 ‘‘(2) in the case of fees under section 8 or 9 in 

11 small amounts, in advance for a number of years not 

12 to exceed the term of the license held by the payor. 

13 ‘‘(f) ACCOUNTING SYSTEM.—The Commission shall 

14 develop accounting systems necessary to make the amend15 ments authorized by sections 8(c) and 9(d).’’. 

16 (d) TRANSITIONAL RULES.— 

17 (1) APPLICATION FEES.—An application fee es18 tablished under section 8 of the Communications Act 

19 of 1934, as such section is in effect on the day be20 fore the effective date described in section 103 of 

21 this title, shall remain in effect under section 8 of 

22 the Communications Act of 1934, as amended by 

23 subsection (a) of this section, until such time as the 

24 Commission adjusts or amends such fee under sub25 section (b) or (c) of such section 8, as so amended. 

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1 (2) REGULATORY FEES.—A regulatory fee es2 tablished under section 9 of the Communications Act 

3 of 1934, as such section is in effect on the day be4 fore the effective date described in section 103 of 

5 this title, shall remain in effect under section 9 of 

6 the Communications Act of 1934, as amended by 

7 subsection (b) of this section, until such time as the 

8 Commission adjusts or amends such fee under sub9 section (c) or (d) of such section 9, as so amended. 

10 (e) RULEMAKING TO AMEND SCHEDULE OF REGU11 LATORY FEES.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the effective date described in section 103 of this 

14 title, the Commission shall complete a rulemaking 

15 proceeding under subsection (d) of section 9 of the 

16 Communications Act of 1934, as amended by sub17 section (b) of this section. 

18 (2) REPORT TO CONGRESS.—If the Commission 

19 has not completed the rulemaking proceeding re20 quired by paragraph (1) by the date that is 6 

21 months after the effective date described in section 

22 103 of this title, the Commission shall submit to 

23 Congress a report on the progress of such rule24 making proceeding. 

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1 SEC. 103. EFFECTIVE DATE. 

2 This title and the amendments made by this title 

3 shall take effect on October 1, 2018. 

4 TITLE II—APPLICATION OF 

5 ANTIDEFICIENCY ACT 

6 SEC. 201. APPLICATION OF ANTIDEFICIENCY ACT TO UNI7 VERSAL SERVICE PROGRAM. 

8 Section 302 of Public Law 108–494 (118 Stat. 3998) 

9 is amended by striking ‘‘December 31, 2018’’ each place 

10 it appears and inserting ‘‘December 31, 2019’’. 

11 TITLE III—SECURING ACCESS TO 

12 NETWORKS IN DISASTERS 

13 SEC. 301. STUDY ON NETWORK RESILIENCY. 

14 Not later than 36 months after the date of enactment 

15 of this Act, the Commission shall submit to Congress, and 

16 make publically available on the Commission’s website, a 

17 study on the public safety benefits and technical feasibility 

18 and cost of— 

19 (1) making telecommunications service pro20 vider-owned WiFi access points, and other commu21 nications technologies operating on unlicensed spec22 trum, available to the general public for access to 9– 

23 1–1 services, without requiring any login credentials, 

24 during times of emergency when mobile service is 

25 unavailable; 

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1 (2) the provision by non-telecommunications 

2 service provider-owned WiFi access points of public 

3 access to 9–1–1 services during times of emergency 

4 when mobile service is unavailable; and 

5 (3) other alternative means of providing the 

6 public with access to 9–1–1 services during times of 

7 emergency when mobile service is unavailable. 

8 SEC. 302. ACCESS TO ESSENTIAL SERVICE PROVIDERS DUR9 ING FEDERALLY DECLARED EMERGENCIES. 

10 Section 427(a) of the Robert T. Stafford Disaster Re11 lief and Emergency Assistance Act (42 U.S.C. 5189e(a)) 

12 is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (A), by striking ‘‘tele15 communications service’’ and inserting ‘‘wireline 

16 or mobile telephone service, Internet access 

17 service, radio or television broadcasting, cable 

18 service, or direct broadcast satellite service’’; 

19 (B) in subparagraph (E), by striking the 

20 semicolon and inserting ‘‘; or’’; 

21 (C) by redesignating subparagraphs (A) 

22 through (E) as clauses (i) through (v), respec23 tively; and 

24 (D) by adding at the end of the following: 

25 ‘‘(B) is a tower owner or operator;’’; and 

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1 (2) by striking ‘‘(1) provides’’ and inserting 

2 ‘‘(1)(A) provides’’. 

3 SEC. 303. DEFINITIONS. 

4 As used in this title— 

5 (1) the term ‘‘mobile service’’ means commer6 cial mobile service (as defined in section 332 of the 

7 Communications Act of 1934 (47 U.S.C. 332)) or 

8 commercial mobile data service (as defined in section 

9 6001 of the Middle Class Tax Relief and Job Cre10 ation Act of 2012 (47 U.S.C. 1401)); 

11 (2) the term ‘‘WiFi access point’’ means wire12 less Internet access using the standard designated as 

13 802.11 or any variant thereof; and 

14 (3) the term ‘‘times of emergency’’ means ei15 ther an emergency as defined in section 102 of the 

16 Robert T. Stafford Disaster Relief and Emergency 

17 Assistance Act (42 U.S.C. 5122), or an emergency 

18 as declared by the governor of a State or territory 

19 of the United States. 

20 TITLE IV—FCC CONSOLIDATED 

21 REPORTING 

22 SEC. 401. COMMUNICATIONS MARKETPLACE REPORT. 

23 Title I of the Communications Act of 1934 (47 

24 U.S.C. 151 et seq.) is amended by adding at the end the 

25 following: 

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1 ‘‘SEC. 13. COMMUNICATIONS MARKETPLACE REPORT. 

2 ‘‘(a) IN GENERAL.—In the last quarter of every even3 numbered year, the Commission shall publish on its 

4 website and submit to the Committee on Energy and Com5 merce of the House of Representatives and the Committee 

6 on Commerce, Science, and Transportation of the Senate 

7 a report on the state of the communications marketplace. 

8 ‘‘(b) CONTENTS.—Each report required by sub9 section (a) shall— 

10 ‘‘(1) assess the state of competition in the com11 munications marketplace, including competition to 

12 deliver voice, video, audio, and data services among 

13 providers of telecommunications, providers of com14 mercial mobile service (as defined in section 332), 

15 multichannel video programming distributors (as de16 fined in section 602), broadcast stations, providers 

17 of satellite communications, Internet service pro18 viders, and other providers of communications serv19 ices; 

20 ‘‘(2) assess the state of deployment of commu21 nications capabilities, including advanced tele22 communications capability (as defined in section 706 

23 of the Telecommunications Act of 1996 (47 U.S.C. 

24 1302)), regardless of the technology used for such 

25 deployment; 

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1 ‘‘(3) assess whether laws, regulations, regu2 latory practices (whether those of the Federal Gov3 ernment, States, political subdivisions of States, In4 dian tribes or tribal organizations (as such terms are 

5 defined in section 4 of the Indian Self-Determination 

6 and Education Assistance Act (25 U.S.C. 5304)), or 

7 foreign governments), or demonstrated marketplace 

8 practices pose a barrier to competitive entry into the 

9 communications marketplace or to the competitive 

10 expansion of existing providers of communications 

11 services; 

12 ‘‘(4) describe the agenda of the Commission for 

13 the next 2-year period for addressing the challenges 

14 and opportunities in the communications market15 place that were identified through the assessments 

16 under paragraphs (1) through (3); and 

17 ‘‘(5) describe the actions that the Commission 

18 has taken in pursuit of the agenda described pursu19 ant to paragraph (4) in the previous report sub20 mitted under this section. 

21 ‘‘(c) EXTENSION.—If the President designates a 

22 Commissioner as Chairman of the Commission during the 

23 last quarter of an even-numbered year, the portion of the 

24 report required by subsection (b)(4) may be published on 

25 the website of the Commission and submitted to the ComMarch 21, 2018 (6:08 p.m.)
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1 mittee on Energy and Commerce of the House of Rep2 resentatives and the Committee on Commerce, Science, 

3 and Transportation of the Senate as an addendum during 

4 the first quarter of the following odd-numbered year. 

5 ‘‘(d) SPECIAL REQUIREMENTS.— 

6 ‘‘(1) ASSESSING COMPETITION.—In assessing 

7 the state of competition under subsection (b)(1), the 

8 Commission shall consider all forms of competition, 

9 including the effect of intermodal competition, facili10 ties-based competition, and competition from new 

11 and emergent communications services, including the 

12 provision of content and communications using the 

13 Internet. 

14 ‘‘(2) ASSESSING DEPLOYMENT.—In assessing 

15 the state of deployment under subsection (b)(2), the 

16 Commission shall compile a list of geographical 

17 areas that are not served by any provider of ad18 vanced telecommunications capability. 

19 ‘‘(3) CONSIDERING SMALL BUSINESSES.—In as20 sessing the state of competition under subsection 

21 (b)(1) and regulatory barriers under subsection 

22 (b)(3), the Commission shall consider market entry 

23 barriers for entrepreneurs and other small busi24 nesses in the communications marketplace in accord25 ance with the national policy under section 257(b).’’. 

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1 SEC. 402. CONSOLIDATION OF REDUNDANT REPORTS; CON2 FORMING AMENDMENTS. 

3 (a) ORBIT ACT REPORT.—Section 646 of the Com4 munications Satellite Act of 1962 (47 U.S.C. 765e; 114 

5 Stat. 57) is repealed. 

6 (b) SATELLITE COMPETITION REPORT.—Section 4 of 

7 Public Law 109–34 (47 U.S.C. 703) is repealed. 

8 (c) INTERNATIONAL BROADBAND DATA REPORT.— 

9 Section 103(b)(1) of the Broadband Data Improvement 

10 Act (47 U.S.C. 1303(b)(1)) is amended by striking ‘‘the 

11 assessment and report’’ and all that follows through ‘‘Fed12 eral Communications Commission’’ and inserting ‘‘its re13 port under section 13 of the Communications Act of 1934, 

14 the Federal Communications Commission’’. 

15 (d) STATUS OF COMPETITION IN THE MARKET FOR

16 THE DELIVERY OF VIDEO PROGRAMMING REPORT.—Sec17 tion 628 of the Communications Act of 1934 (47 U.S.C. 

18 548) is amended— 

19 (1) by striking subsection (g); 

20 (2) by redesignating subsection (j) as sub21 section (g); and 

22 (3) by transferring subsection (g) (as redesig23 nated) so that it appears after subsection (f). 

24 (e) REPORT ON CABLE INDUSTRY PRICES.—Section 

25 623(k) of the Communications Act of 1934 (47 U.S.C. 

26 543(k)) is amended— 

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1 (1) in paragraph (1), by striking ‘‘annually 

2 publish’’ and inserting ‘‘publish with its report 

3 under section 13’’; and 

4 (2) in the heading of paragraph (2), by striking 

5 ‘‘ANNUAL’’. 

6 (f) TRIENNIAL REPORT IDENTIFYING AND ELIMI7 NATING MARKET ENTRY BARRIERS FOR ENTRE8 PRENEURS AND OTHER SMALL BUSINESSES.—Section 

9 257 of the Communications Act of 1934 (47 U.S.C. 257) 

10 is amended by striking subsection (c). 

11 (g) STATE OF COMPETITIVE MARKET CONDITIONS

12 WITH RESPECT TO COMMERCIAL MOBILE RADIO SERV13 ICES.—Section 332(c)(1)(C) of the Communications Act 

14 of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by striking 

15 the first and second sentences. 

16 (h) PREVIOUSLY ELIMINATED ANNUAL REPORT.— 

17 (1) IN GENERAL.—Section 4 of the Commu18 nications Act of 1934 (47 U.S.C. 154) is amended— 

19 (A) by striking subsection (k); and 

20 (B) by redesignating subsections (l) 

21 through (o) as subsections (k) through (n), re22 spectively. 

23 (2) CONFORMING AMENDMENT.—Section 

24 309(j)(8)(B) of the Communications Act of 1934 

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1 (47 U.S.C. 309(j)(8)(B)) is amended by striking the 

2 last sentence. 

3 (i) ADDITIONAL OUTDATED REPORTS.—The Com4 munications Act of 1934 is further amended— 

5 (1) in section 4— 

6 (A) in subsection (b)(2)(B)(ii), by striking 

7 ‘‘and shall furnish notice of such action’’ and 

8 all that follows through ‘‘subject of the waiver’’; 

9 and 

10 (B) in subsection (g), by striking para11 graph (2); 

12 (2) in section 215— 

13 (A) by striking subsection (b); and 

14 (B) by redesignating subsection (c) as sub15 section (b); 

16 (3) in section 227(e), by striking paragraph (4); 

17 (4) in section 309(j)— 

18 (A) by striking paragraph (12); and 

19 (B) in paragraph (15)(C), by striking 

20 clause (iv); 

21 (5) in section 331(b), by striking the last sen22 tence; 

23 (6) in section 336(e), by amending paragraph 

24 (4) to read as follows: 

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1 ‘‘(4) REPORT.—The Commission shall annually 

2 advise the Congress on the amounts collected pursu3 ant to the program required by this subsection.’’; 

4 (7) in section 339(c), by striking paragraph (1); 

5 (8) in section 396— 

6 (A) by striking subsection (i); 

7 (B) in subsection (k)— 

8 (i) in paragraph (1), by striking sub9 paragraph (F); and 

10 (ii) in paragraph (3)(B)(iii), by strik11 ing subclause (V); 

12 (C) in subsection (l)(1)(B), by striking 

13 ‘‘shall be included’’ and all that follows through 

14 ‘‘The audit report’’; and 

15 (D) by striking subsection (m); 

16 (9) in section 398(b)(4), by striking the third 

17 sentence; 

18 (10) in section 624A(b)(1)— 

19 (A) by striking ‘‘REPORT; REGULATIONS’’ 

20 and inserting ‘‘REGULATIONS’’; 

21 (B) by striking ‘‘Within 1 year after’’ and 

22 all that follows through ‘‘on means of assuring’’ 

23 and inserting ‘‘The Commission shall issue such 

24 regulations as are necessary to assure’’; and 

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1 (C) by striking ‘‘Within 180 days after’’ 

2 and all that follows through ‘‘to assure such 

3 compatibility.’’; and 

4 (11) in section 713, by striking subsection (a). 

5 SEC. 403. EFFECT ON AUTHORITY. 

6 Nothing in this title or the amendments made by this 

7 title shall be construed to expand or contract the authority 

8 of the Commission. 

9 SEC. 404. OTHER REPORTS. 

10 Nothing in this title or the amendments made by this 

11 title shall be construed to prohibit or otherwise prevent 

12 the Commission from producing any additional reports 

13 otherwise within the authority of the Commission. 

14 TITLE V—ADDITIONAL 

15 PROVISIONS 

16 SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC. 

17 (a) AMENDMENTS.—The Inspector General Act of 

18 1978 (5 U.S.C. App.) is amended— 

19 (1) in section 8G(a)(2), by striking ‘‘the Fed20 eral Communications Commission,’’; and 

21 (2) in section 12— 

22 (A) in paragraph (1), by inserting ‘‘, the 

23 Federal Communications Commission,’’ after 

24 ‘‘the Chairman of the Nuclear Regulatory Com25 mission’’; and 

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1 (B) in paragraph (2), by inserting ‘‘the 

2 Federal Communications Commission,’’ after 

3 ‘‘the Environmental Protection Agency,’’. 

4 (b) TRANSITION RULE.—An individual serving as In5 spector General of the Commission on the date of the en6 actment of this Act pursuant to an appointment made 

7 under section 8G of the Inspector General Act of 1978 

8 (5 U.S.C. App.)— 

9 (1) may continue so serving until the President 

10 makes an appointment under section 3(a) of such 

11 Act with respect to the Commission consistent with 

12 the amendments made by subsection (a); and 

13 (2) shall, while serving under paragraph (1), re14 main subject to the provisions of section 8G of such 

15 Act which, immediately before the date of the enact16 ment of this Act, applied with respect to the Inspec17 tor General of the Commission and suffer no reduc18 tion in pay. 

19 SEC. 502. AUTHORITY OF CHIEF INFORMATION OFFICER. 

20 (a) IN GENERAL.—The Commission shall ensure that 

21 the Chief Information Officer of the Commission has a 

22 significant role in— 

23 (1) the decision-making process for annual and 

24 multi-year planning, programming, budgeting, and 

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1 execution decisions, related reporting requirements, 

2 and reports related to information technology; 

3 (2) the management, governance, and oversight 

4 processes related to information technology; and 

5 (3) the hiring of personnel with information 

6 technology responsibilities. 

7 (b) CIO APPROVAL.—The Chief Information Officer 

8 of the Commission, in consultation with the Chief Finan9 cial Officer of the Commission and budget officials, shall 

10 specify and approve the allocation of amounts appro11 priated to the Commission for information technology, 

12 consistent with the provisions of appropriations Acts, 

13 budget guidelines, and recommendations from the Direc14 tor of the Office of Management and Budget. 

15 SEC. 503. SPOOFING PREVENTION. 

16 (a) EXPANDING AND CLARIFYING PROHIBITION ON

17 MISLEADING OR INACCURATE CALLER IDENTIFICATION

18 INFORMATION.— 

19 (1) COMMUNICATIONS FROM OUTSIDE THE

20 UNITED STATES.—Section 227(e)(1) of the Commu21 nications Act of 1934 (47 U.S.C. 227(e)(1)) is 

22 amended by striking ‘‘in connection with any tele23 communications service or IP-enabled voice service’’ 

24 and inserting ‘‘or any person outside the United 

25 States if the recipient is within the United States, 

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1 in connection with any voice service or text mes2 saging service’’. 

3 (2) COVERAGE OF TEXT MESSAGES AND VOICE

4 SERVICES.—Section 227(e)(8) of the Communica5 tions Act of 1934 (47 U.S.C. 227(e)(8)) is amend6 ed— 

7 (A) in subparagraph (A), by striking ‘‘tele8 communications service or IP-enabled voice 

9 service’’ and inserting ‘‘voice service or a text 

10 message sent using a text messaging service’’; 

11 (B) in the first sentence of subparagraph 

12 (B), by striking ‘‘telecommunications service or 

13 IP-enabled voice service’’ and inserting ‘‘voice 

14 service or a text message sent using a text mes15 saging service’’; and 

16 (C) by striking subparagraph (C) and in17 serting the following: 

18 ‘‘(C) TEXT MESSAGE.—The term ‘text 

19 message’— 

20 ‘‘(i) means a message consisting of 

21 text, images, sounds, or other information 

22 that is transmitted to or from a device that 

23 is identified as the receiving or transmit24 ting device by means of a 10-digit tele25 phone number or N11 service code; 

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1 ‘‘(ii) includes a short message service 

2 (commonly referred to as ‘SMS’) message 

3 and a multimedia message service (com4 monly referred to as ‘MMS’) message; and 

5 ‘‘(iii) does not include— 

6 ‘‘(I) a real-time, two-way voice or 

7 video communication; or 

8 ‘‘(II) a message sent over an IP9 enabled messaging service to another 

10 user of the same messaging service, 

11 except a message described in clause 

12 (ii). 

13 ‘‘(D) TEXT MESSAGING SERVICE.—The 

14 term ‘text messaging service’ means a service 

15 that enables the transmission or receipt of a 

16 text message, including a service provided as 

17 part of or in connection with a voice service. 

18 ‘‘(E) VOICE SERVICE.—The term ‘voice 

19 service’— 

20 ‘‘(i) means any service that is inter21 connected with the public switched tele22 phone network and that furnishes voice 

23 communications to an end user using re24 sources from the North American Num25 bering Plan or any successor to the North 

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1 American Numbering Plan adopted by the 

2 Commission under section 251(e)(1); and 

3 ‘‘(ii) includes transmissions from a 

4 telephone facsimile machine, computer, or 

5 other device to a telephone facsimile ma6 chine.’’. 

7 (3) TECHNICAL AMENDMENT.—Section 227(e) 

8 of the Communications Act of 1934 (47 U.S.C. 

9 227(e)) is amended in the heading by inserting 

10 ‘‘MISLEADING OR’’ before ‘‘INACCURATE’’. 

11 (4) REGULATIONS.— 

12 (A) IN GENERAL.—Section 227(e)(3)(A) of 

13 the Communications Act of 1934 (47 U.S.C. 

14 227(e)(3)(A)) is amended by striking ‘‘Not 

15 later than 6 months after the date of enactment 

16 of the Truth in Caller ID Act of 2009, the 

17 Commission’’ and inserting ‘‘The Commission’’. 

18 (B) DEADLINE.—The Commission shall 

19 prescribe regulations to implement the amend20 ments made by this subsection not later than 

21 18 months after the date of enactment of this 

22 Act. 

23 (5) EFFECTIVE DATE.—The amendments made 

24 by this subsection shall take effect on the date that 

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1 is 6 months after the date on which the Commission 

2 prescribes regulations under paragraph (4). 

3 (b) CONSUMER EDUCATION MATERIALS ON HOW TO

4 AVOID SCAMS THAT RELY UPON MISLEADING OR INAC5 CURATE CALLER IDENTIFICATION INFORMATION.— 

6 (1) DEVELOPMENT OF MATERIALS.—Not later 

7 than 1 year after the date of enactment of this Act, 

8 the Commission, in coordination with the Federal 

9 Trade Commission, shall develop consumer edu10 cation materials that provide information about— 

11 (A) ways for consumers to identify scams 

12 and other fraudulent activity that rely upon the 

13 use of misleading or inaccurate caller identifica14 tion information; and 

15 (B) existing technologies, if any, that a 

16 consumer can use to protect against such scams 

17 and other fraudulent activity. 

18 (2) CONTENTS.—In developing the consumer 

19 education materials under paragraph (1), the Com20 mission shall— 

21 (A) identify existing technologies, if any, 

22 that can help consumers guard themselves 

23 against scams and other fraudulent activity 

24 that rely upon the use of misleading or inacMarch 21, 2018 (6:08 p.m.)
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1 curate caller identification information, includ2 ing— 

3 (i) descriptions of how a consumer 

4 can use the technologies to protect against 

5 such scams and other fraudulent activity; 

6 and 

7 (ii) details on how consumers can ac8 cess and use the technologies; and 

9 (B) provide other information that may 

10 help consumers identify and avoid scams and 

11 other fraudulent activity that rely upon the use 

12 of misleading or inaccurate caller identification 

13 information. 

14 (3) UPDATES.—The Commission shall ensure 

15 that the consumer education materials required 

16 under paragraph (1) are updated on a regular basis. 

17 (4) WEBSITE.—The Commission shall include 

18 the consumer education materials developed under 

19 paragraph (1) on its website. 

20 (c) GAO REPORT ON COMBATING THE FRAUDULENT

21 PROVISION OF MISLEADING OR INACCURATE CALLER

22 IDENTIFICATION INFORMATION.— 

23 (1) IN GENERAL.—The Comptroller General of 

24 the United States shall conduct a study of the ac25 tions the Commission and the Federal Trade ComMarch 21, 2018 (6:08 p.m.)
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1 mission have taken to combat the fraudulent provi2 sion of misleading or inaccurate caller identification 

3 information, and the additional measures that could 

4 be taken to combat such activity. 

5 (2) REQUIRED CONSIDERATIONS.—In con6 ducting the study under paragraph (1), the Comp7 troller General shall examine— 

8 (A) trends in the types of scams that rely 

9 on misleading or inaccurate caller identification 

10 information; 

11 (B) previous and current enforcement ac12 tions by the Commission and the Federal Trade 

13 Commission to combat the practices prohibited 

14 by section 227(e)(1) of the Communications Act 

15 of 1934 (47 U.S.C. 227(e)(1)); 

16 (C) current efforts by industry groups and 

17 other entities to develop technical standards to 

18 deter or prevent the fraudulent provision of 

19 misleading or inaccurate caller identification in20 formation, and how such standards may help 

21 combat the current and future provision of mis22 leading or inaccurate caller identification infor23 mation; and 

24 (D) whether there are additional actions 

25 the Commission, the Federal Trade CommisMarch 21, 2018 (6:08 p.m.)
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1 sion, and Congress should take to combat the 

2 fraudulent provision of misleading or inaccurate 

3 caller identification information. 

4 (3) REPORT.—Not later than 18 months after 

5 the date of enactment of this Act, the Comptroller 

6 General shall submit to the Committee on Energy 

7 and Commerce of the House of Representatives and 

8 the Committee on Commerce, Science, and Trans9 portation of the Senate a report on the findings of 

10 the study under paragraph (1), including any rec11 ommendations regarding combating the fraudulent 

12 provision of misleading or inaccurate caller identi13 fication information. 

14 (d) RULE OF CONSTRUCTION.—Nothing in this sec15 tion, or the amendments made by this section, shall be 

16 construed to modify, limit, or otherwise affect any rule or 

17 order adopted by the Commission in connection with— 

18 (1) the Telephone Consumer Protection Act of 

19 1991 (Public Law 102–243; 105 Stat. 2394) or the 

20 amendments made by that Act; or 

21 (2) the CAN–SPAM Act of 2003 (15 U.S.C. 

22 7701 et seq.). 

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1 SEC. 504. REPORT ON PROMOTING BROADBAND INTERNET 

2 ACCESS SERVICE FOR VETERANS. 

3 (a) VETERAN DEFINED.—In this section, the term 

4 ‘‘veteran’’ has the meaning given the term in section 101 

5 of title 38, United States Code. 

6 (b) REPORT REQUIRED.—Not later than 1 year after 

7 the date of the enactment of this Act, the Commission 

8 shall submit to Congress a report on promoting broadband 

9 Internet access service for veterans, in particular low-in10 come veterans and veterans residing in rural areas. In 

11 such report, the Commission shall— 

12 (1) examine such access and how to promote 

13 such access; and 

14 (2) provide findings and recommendations for 

15 Congress with respect to such access and how to 

16 promote such access. 

17 (c) PUBLIC NOTICE AND OPPORTUNITY TO COM18 MENT.—In preparing the report required by subsection 

19 (b), the Commission shall provide the public with notice 

20 and an opportunity to comment on broadband Internet ac21 cess service for veterans, in particular low-income veterans 

22 and veterans residing in rural areas, and how to promote 

23 such access. 

24 SEC. 505. METHODOLOGY FOR COLLECTION OF MOBILE 

25 SERVICE COVERAGE DATA. 

26 (a) DEFINITIONS.—In this section— 

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1 (1) the term ‘‘commercial mobile data service’’ 

2 has the meaning given the term in section 6001 of 

3 the Middle Class Tax Relief and Job Creation Act 

4 of 2012 (47 U.S.C. 1401); 

5 (2) the term ‘‘commercial mobile service’’ has 

6 the meaning given the term in section 332(d) of the 

7 Communications Act of 1934 (47 U.S.C. 332(d)); 

8 (3) the term ‘‘coverage data’’ means, if com9 mercial mobile service or commercial mobile data 

10 service is available, general information about the 

11 service, which may include available speed tiers, 

12 radio frequency signal levels, and network and per13 formance characteristics; and 

14 (4) the term ‘‘Universal Service program’’ 

15 means the universal service support mechanisms es16 tablished under section 254 of the Communications 

17 Act of 1934 (47 U.S.C. 254) and the regulations 

18 issued under that section. 

19 (b) METHODOLOGY ESTABLISHED.—Not later than 

20 180 days after the conclusion of the Mobility Fund Phase 

21 II Auction, the Commission shall promulgate regulations 

22 to establish a methodology that shall apply to the collec23 tion of coverage data by the Commission for the purposes 

24 of— 

25 (1) the Universal Service program; or 

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1 (2) any other similar program. 

2 (c) REQUIREMENTS.—The methodology established 

3 under subsection (b) shall— 

4 (1) contain standard definitions for different 

5 available technologies such as 2G, 3G, 4G, and 4G 

6 LTE; 

7 (2) enhance the consistency and robustness of 

8 how the data are collected by different parties; 

9 (3) improve the validity and reliability of cov10 erage data; and 

11 (4) increase the efficiency of coverage data col12 lection. 

13 SEC. 506. ACCURACY OF DISPATCHABLE LOCATION FOR 9– 

14 1–1 CALLS. 

15 (a) PROCEEDING REQUIRED.—Not later than 18 

16 months after the date of the enactment of this Act, the 

17 Commission shall conclude a proceeding to consider adopt18 ing rules to ensure that the dispatchable location is con19 veyed with a 9–1–1 call, regardless of the technological 

20 platform used and including with calls from multi-line 

21 telephone systems (as defined in section 6502 of the Mid22 dle Class Tax Relief and Job Creation Act of 2012 (47 

23 U.S.C. 1471)). 

24 (b) RELATIONSHIP TO OTHER PROCEEDINGS.—In 

25 conducting the proceeding required by subsection (a), the 

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1 Commission may consider information and conclusions 

2 from other Commission proceedings regarding the accu3 racy of the dispatchable location for a 9–1–1 call, but 

4 nothing in this section shall be construed to require the 

5 Commission to reconsider any information or conclusion 

6 from a proceeding regarding the accuracy of the 

7 dispatchable location for a 9–1–1 call in which the Com8 mission has adopted rules or issued an order before the 

9 date of the enactment of this Act. 

10 (c) DEFINITIONS.—In this section: 

11 (1) 9–1–1 CALL.—The term ‘‘9–1–1 call’’ 

12 means a voice call that is placed, or a message that 

13 is sent by other means of communication, to a public 

14 safety answering point (as defined in section 222 of 

15 the Communications Act of 1934 (47 U.S.C. 222)) 

16 for the purpose of requesting emergency services. 

17 (2) DISPATCHABLE LOCATION.—The term 

18 ‘‘dispatchable location’’ means the street address of 

19 the calling party, and additional information such as 

20 room number, floor number, or similar information 

21 necessary to adequately identify the location of the 

22 calling party. 

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1 SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOL2 LOWING CYBERSECURITY INCIDENTS. 

3 (a) IN GENERAL.—The Assistant Secretary of Com4 merce for Communications and Information shall complete 

5 a study on how the National Telecommunications and In6 formation Administration can best coordinate the inter7 agency process following cybersecurity incidents. 

8 (b) REPORT TO CONGRESS.—Not later than 18 

9 months after the date of the enactment of this Act, the 

10 Assistant Secretary shall submit to the Committee on En11 ergy and Commerce of the House of Representatives and 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate a report detailing the findings and rec14 ommendations of the study conducted under subsection 

15 (a). 

16 SEC. 508. TRIBAL DIGITAL ACCESS. 

17 (a) TRIBAL BROADBAND DATA REPORT.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of the enactment of this Act, the Commis20 sion shall submit to the Committee on Energy and 

21 Commerce of the House of Representatives and the 

22 Committee on Commerce, Science, and Transpor23 tation of the Senate a report evaluating broadband 

24 coverage in Indian country (as defined in section 

25 1151 of title 18, United States Code) and on land 

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1 held by a Native Corporation pursuant to the Alaska 

2 Native Claims Settlement Act. 

3 (2) REQUIRED ASSESSMENTS.—The report re4 quired by paragraph (1) shall include the following: 

5 (A) An assessment of areas of Indian 

6 country (as so defined) and land held by a Na7 tive Corporation pursuant to the Alaska Native 

8 Claims Settlement Act that have adequate 

9 broadband coverage. 

10 (B) An assessment of unserved areas of 

11 Indian country (as so defined) and land held by 

12 a Native Corporation pursuant to the Alaska 

13 Native Claims Settlement Act. 

14 (b) TRIBAL BROADBAND PROCEEDING.—Not later 

15 than 30 months after the date of the enactment of this 

16 Act, the Commission shall complete a proceeding to ad17 dress the unserved areas identified in the report under 

18 subsection (a). 

19 SEC. 509. TERMS OF OFFICE AND VACANCIES. 

20 Section 4(c) of the Communications Act of 1934 (47 

21 U.S.C. 154(c)) is amended to read as follows: 

22 ‘‘(c)(1) A commissioner— 

23 ‘‘(A) shall be appointed for a term of 5 years; 

24 ‘‘(B) except as provided in subparagraph (C), 

25 may continue to serve after the expiration of the 

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1 fixed term of office of the commissioner until a suc2 cessor is appointed and has been confirmed and 

3 taken the oath of office; and 

4 ‘‘(C) may not continue to serve after the expira5 tion of the session of Congress that begins after the 

6 expiration of the fixed term of office of the commis7 sioner. 

8 ‘‘(2) Any person chosen to fill a vacancy in the Com9 mission— 

10 ‘‘(A) shall be appointed for the unexpired term 

11 of the commissioner that the person succeeds; 

12 ‘‘(B) except as provided in subparagraph (C), 

13 may continue to serve after the expiration of the 

14 fixed term of office of the commissioner that the 

15 person succeeds until a successor is appointed and 

16 has been confirmed and taken the oath of office; and 

17 ‘‘(C) may not continue to serve after the expira18 tion of the session of Congress that begins after the 

19 expiration of the fixed term of office of the commis20 sioner that the person succeeds. 

21 ‘‘(3) No vacancy in the Commission shall impair the 

22 right of the remaining commissioners to exercise all the 

23 powers of the Commission.’’. 

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1 SEC. 510. JOINT BOARD RECOMMENDATION. 

2 The Commission may not modify, amend, or change 

3 its rules or regulations for universal service support pay4 ments to implement the February 27, 2004, recommenda5 tions of the Federal-State Joint Board on Universal Serv6 ice regarding single connection or primary line restrictions 

7 on universal service support payments. 

8 SEC. 511. DISCLAIMER FOR PRESS RELEASES REGARDING 

9 NOTICES OF APPARENT LIABILITY. 

10 The Commission shall include in any press release re11 garding the issuance of a notice of apparent liability under 

12 section 503(b)(4) of the Communications Act of 1934 (47 

13 U.S.C. 503(b)(4)) a disclaimer informing consumers 

14 that— 

15 (1) the issuance of a notice of apparent liability 

16 should be treated only as allegations; and 

17 (2) the amount of any forfeiture penalty pro18 posed in a notice of apparent liability represents the 

19 maximum penalty that the Commission may impose 

20 for the violations alleged in the notice of apparent 

21 liability. 

22 SEC. 512. REPORTS RELATED TO SPECTRUM AUCTIONS. 

23 (a) ESTIMATE OF UPCOMING AUCTIONS.—Section 

24 309(j) of the Communications Act of 1934 (47 U.S.C. 

25 309(j)) is amended by adding at the end the following: 

26 ‘‘(18) ESTIMATE OF UPCOMING AUCTIONS.— 

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1 ‘‘(A) Not later than September 30, 2018, 

2 and annually thereafter, the Commission shall 

3 make publicly available an estimate of what sys4 tems of competitive bidding authorized under 

5 this subsection may be initiated during the up6 coming 12-month period. 

7 ‘‘(B) The estimate under subparagraph 

8 (A) shall, to the extent possible, identify the 

9 bands of frequencies the Commission expects to 

10 be included in each such system of competitive 

11 bidding.’’. 

12 (b) AUCTION EXPENDITURE JUSTIFICATION RE13 PORT.—Not later than April 1, 2019, and annually there14 after, the Commission shall provide to the appropriate 

15 committees of Congress a report containing a detailed jus16 tification for the use of proceeds retained by the Commis17 sion under section 309(j)(8)(B) of the Communications 

18 Act of 1934 (47 U.S.C. 309(j)(8)(B)) for the costs of de19 veloping and implementing the program required by sec20 tion 309(j) of that Act. 

21 (c) DEFINITION.—For purposes of this section, the 

22 term ‘‘appropriate committees of Congress’’ means— 

23 (1) the Committee on Commerce, Science, and 

24 Transportation of the Senate; 

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1 (2) the Committee on Appropriations of the 

2 Senate; 

3 (3) the Committee on Energy and Commerce of 

4 the House of Representatives; and 

5 (4) the Committee on Appropriations of the 

6 House of Representatives. 

7 TITLE VI—MOBILE NOW 

8 SEC. 601. SHORT TITLE. 

9 This title may be cited as the ‘‘Making Opportunities 

10 for Broadband Investment and Limiting Excessive and 

11 Needless Obstacles to Wireless Act’’ or the ‘‘MOBILE 

12 NOW Act’’. 

13 SEC. 602. DEFINITIONS. 

14 In this title: 

15 (1) APPROPRIATE COMMITTEES OF CON16 GRESS.—The term ‘‘appropriate committees of Con17 gress’’ means— 

18 (A) the Committee on Commerce, Science, 

19 and Transportation of the Senate; 

20 (B) the Committee on Energy and Com21 merce of the House of Representatives; and 

22 (C) each committee of the Senate or of the 

23 House of Representatives with jurisdiction over 

24 a Federal entity affected by the applicable sec25 tion in which the term appears. 

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1 (2) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Communications Commission. 

3 (3) FEDERAL ENTITY.—The term ‘‘Federal en4 tity’’ has the meaning given the term in section 

5 113(l) of the National Telecommunications and In6 formation Administration Organization Act (47 

7 U.S.C. 923(l)). 

8 (4) NTIA.—The term ‘‘NTIA’’ means the Na9 tional Telecommunications and Information Admin10 istration of the Department of Commerce. 

11 (5) OMB.—The term ‘‘OMB’’ means the Office 

12 of Management and Budget. 

13 (6) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Commerce. 

15 SEC. 603. IDENTIFYING 255 MEGAHERTZ. 

16 (a) REQUIREMENTS.— 

17 (1) IN GENERAL.—Not later than December 31, 

18 2022, the Secretary, working through the NTIA, 

19 and the Commission shall identify a total of at least 

20 255 megahertz of Federal and non-Federal spectrum 

21 for mobile and fixed wireless broadband use. 

22 (2) UNLICENSED AND LICENSED USE.—Of the 

23 spectrum identified under paragraph (1), not less 

24 than— 

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1 (A) 100 megahertz below the frequency of 

2 8000 megahertz shall be identified for use on 

3 an unlicensed basis; 

4 (B) 100 megahertz below the frequency of 

5 6000 megahertz shall be identified for use on 

6 an exclusive, licensed basis for commercial mo7 bile use, pursuant to the Commission’s author8 ity to implement such licensing in a flexible 

9 manner, and subject to potential continued use 

10 of such spectrum by incumbent Federal entities 

11 in designated geographic areas indefinitely or 

12 for such length of time stipulated in transition 

13 plans approved by the Technical Panel under 

14 section 113(h) of the National Telecommuni15 cations and Information Administration Organi16 zation Act (47 U.S.C. 923(h)) for those incum17 bent entities to be relocated to alternate spec18 trum; and 

19 (C) 55 megahertz below the frequency of 

20 8000 megahertz shall be identified for use on 

21 either a licensed or unlicensed basis, or a com22 bination of licensed and unlicensed. 

23 (3) NON-ELIGIBLE SPECTRUM.—For purposes 

24 of satisfying the requirement under paragraph (1), 

25 the following spectrum shall not be counted: 

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1 (A) The frequencies between 1695 and 

2 1710 megahertz. 

3 (B) The frequencies between 1755 and 

4 1780 megahertz. 

5 (C) The frequencies between 2155 and 

6 2180 megahertz. 

7 (D) The frequencies between 3550 and 

8 3700 megahertz. 

9 (E) Spectrum that the Commission deter10 mines had more than de minimis mobile or 

11 fixed wireless broadband operations within the 

12 band on the day before the date of enactment 

13 of this Act. 

14 (4) TREATMENT OF CERTAIN OTHER SPEC15 TRUM.—Spectrum identified pursuant to this section 

16 may include eligible spectrum, if any, identified after 

17 the date of enactment of this Act pursuant to title 

18 X of the Bipartisan Budget Act of 2015 (Public 

19 Law 114–74). 

20 (5) SPECTRUM MADE AVAILABLE ON AND

21 AFTER FEBRUARY 11, 2016.—Any spectrum that 

22 has been made available for licensed or unlicensed 

23 use on and after February 11, 2016, and that other24 wise satisfies the requirements of this section may 

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1 be counted towards the requirements of this sub2 section. 

3 (6) RELOCATION PRIORITIZED OVER SHAR4 ING.—This section shall be carried out in accordance 

5 with section 113(j) of the National Telecommuni6 cations and Information Administration Organiza7 tion Act (47 U.S.C. 923(j)). 

8 (7) CONSIDERATIONS.—In identifying spectrum 

9 for use under this section, the Secretary, working 

10 through the NTIA, and Commission shall consider— 

11 (A) the need to preserve critical existing 

12 and planned Federal Government capabilities; 

13 (B) the impact on existing State, local, and 

14 tribal government capabilities; 

15 (C) the international implications; 

16 (D) the need for appropriate enforcement 

17 mechanisms and authorities; and 

18 (E) the importance of the deployment of 

19 wireless broadband services in rural areas of the 

20 United States. 

21 (b) RULES OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed— 

23 (1) to impair or otherwise affect the functions 

24 of the Director of OMB relating to budgetary, ad25 ministrative, or legislative proposals; 

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1 (2) to require the disclosure of classified infor2 mation, law enforcement sensitive information, or 

3 other information that must be protected in the in4 terest of national security; or 

5 (3) to affect any requirement under section 156 

6 of the National Telecommunications and Informa7 tion Administration Organization Act (47 U.S.C. 

8 921 note), as added by section 1062(a) of the Na9 tional Defense Authorization Act for Fiscal Year 

10 2000, or any other relevant statutory requirement 

11 applicable to the reallocation of Federal spectrum. 

12 SEC. 604. MILLIMETER WAVE SPECTRUM. 

13 (a) FCC PROCEEDING.—Not later than 2 years after 

14 the date of enactment of this Act, the Commission shall 

15 publish a notice of proposed rulemaking to consider service 

16 rules to authorize mobile or fixed terrestrial wireless oper17 ations, including for advanced mobile service operations, 

18 in the radio frequency band between 42000 and 42500 

19 megahertz. 

20 (b) CONSIDERATIONS.—In conducting a rulemaking 

21 under subsection (a), the Commission shall— 

22 (1) consider how the band described in sub23 section (a) may be used to provide commercial wire24 less broadband service, including whether— 

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1 (A) such spectrum may be best used for li2 censed or unlicensed services, or some combina3 tion thereof; and 

4 (B) to permit additional licensed oper5 ations in such band on a shared basis; and 

6 (2) include technical characteristics under 

7 which the band described in subsection (a) may be 

8 employed for mobile or fixed terrestrial wireless op9 erations, including any appropriate coexistence re10 quirements. 

11 (c) SPECTRUM MADE AVAILABLE ON AND AFTER

12 FEBRUARY 11, 2016.—Any spectrum that has been made 

13 available for licensed or unlicensed use on or after Feb14 ruary 11, 2016, and that otherwise satisfies the require15 ments of section 603 of this title may be counted towards 

16 the requirements of section 603(a) of this title. 

17 SEC. 605. 3 GIGAHERTZ SPECTRUM. 

18 (a) BETWEEN 3100 MEGAHERTZ AND 3550 MEGA19 HERTZ.—Not later than 24 months after the date of en20 actment of this Act, and in consultation with the Commis21 sion and the head of each affected Federal agency (or a 

22 designee thereof), the Secretary, working through the 

23 NTIA, shall submit to the Commission and the appro24 priate committees of Congress a report evaluating the fea25 sibility of allowing commercial wireless services, licensed 

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1 or unlicensed, to share use of the frequencies between 

2 3100 megahertz and 3550 megahertz. 

3 (b) BETWEEN 3700 MEGAHERTZ AND 4200 MEGA4 HERTZ.—Not later than 18 months after the date of en5 actment of this Act, after notice and an opportunity for 

6 public comment, and in consultation with the Secretary, 

7 working through the NTIA, and the head of each affected 

8 Federal agency (or a designee thereof), the Commission 

9 shall submit to the Secretary and the appropriate commit10 tees of Congress a report evaluating the feasibility of al11 lowing commercial wireless services, licensed or unli12 censed, to use or share use of the frequencies between 

13 3700 megahertz and 4200 megahertz. 

14 (c) REQUIREMENTS.—A report under subsection (a) 

15 or (b) shall include the following: 

16 (1) An assessment of the operations of Federal 

17 entities that operate Federal Government stations 

18 authorized to use the frequencies described in that 

19 subsection. 

20 (2) An assessment of the possible impacts of 

21 such sharing on Federal and non-Federal users al22 ready operating on the frequencies described in that 

23 subsection. 

24 (3) The criteria that may be necessary to en25 sure shared licensed or unlicensed services would not 

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1 cause harmful interference to Federal or non-Fed2 eral users already operating in the frequencies de3 scribed in that subsection. 

4 (4) If such sharing is feasible, an identification 

5 of which of the frequencies described in that sub6 section are most suitable for sharing with commer7 cial wireless services through the assignment of new 

8 licenses by competitive bidding, for sharing with un9 licensed operations, or through a combination of li10 censing and unlicensed operations. 

11 (d) COMMISSION ACTION.—The Commission, in con12 sultation with the NTIA, shall seek public comment on 

13 the reports required under subsections (a) and (b), includ14 ing regarding the bands identified in such report as fea15 sible pursuant to subsection (c)(4). 

16 SEC. 606. COMMUNICATIONS FACILITIES DEPLOYMENT ON 

17 FEDERAL PROPERTY. 

18 (a) IN GENERAL.—Section 6409 of the Middle Class 

19 Tax Relief and Job Creation Act of 2012 (47 U.S.C. 

20 1455) is amended by striking subsections (b), (c), and (d) 

21 and inserting the following: 

22 ‘‘(b) FEDERAL EASEMENTS, RIGHTS-OF-WAY, AND

23 LEASES.— 

24 ‘‘(1) GRANT.—If an executive agency, a State, 

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1 son, firm, or organization applies for the grant of an 

2 easement, right-of-way, or lease to, in, over, or on a 

3 building or other property owned by the Federal 

4 Government for the right to install, construct, mod5 ify, or maintain a communications facility installa6 tion, the executive agency having control of the 

7 building or other property may grant to the appli8 cant, on behalf of the Federal Government, subject 

9 to paragraph (3), an easement, right-of-way, or lease 

10 to perform such installation, construction, modifica11 tion, or maintenance. 

12 ‘‘(2) APPLICATION.— 

13 ‘‘(A) IN GENERAL.—The Administrator of 

14 General Services shall develop a common form 

15 for applications for easements, rights-of-way, 

16 and leases under paragraph (1) for all executive 

17 agencies that, except as provided in subpara18 graph (B), shall be used by all executive agen19 cies and applicants with respect to the buildings 

20 or other property of each such agency. 

21 ‘‘(B) EXCEPTION.—The requirement under 

22 subparagraph (A) for an executive agency to 

23 use the common form developed by the Admin24 istrator of General Services shall not apply to 

25 an executive agency if the head of an executive 

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1 agency notifies the Administrator that the exec2 utive agency uses a substantially similar appli3 cation. 

4 ‘‘(3) TIMELY CONSIDERATION OF APPLICA5 TIONS.— 

6 ‘‘(A) IN GENERAL.—Not later than 270 

7 days after the date on which an executive agen8 cy receives a duly filed application for an ease9 ment, right-of-way, or lease under this sub10 section, the executive agency shall— 

11 ‘‘(i) grant or deny, on behalf of the 

12 Federal Government, the application; and 

13 ‘‘(ii) notify the applicant of the grant 

14 or denial. 

15 ‘‘(B) EXPLANATION OF DENIAL.—If an ex16 ecutive agency denies an application under sub17 paragraph (A), the executive agency shall notify 

18 the applicant in writing, including a clear state19 ment of the reasons for the denial. 

20 ‘‘(C) APPLICABILITY OF ENVIRONMENTAL

21 LAWS.—Nothing in this paragraph shall be con22 strued to relieve an executive agency of the re23 quirements of division A of subtitle III of title 

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1 ronmental Policy Act of 1969 (42 U.S.C. 4321 

2 et seq.). 

3 ‘‘(D) POINT OF CONTACT.—Upon receiving 

4 an application under subparagraph (A), an ex5 ecutive agency shall designate one or more ap6 propriate individuals within the executive agen7 cy to act as a point of contact with the appli8 cant. 

9 ‘‘(c) MASTER CONTRACTS FOR COMMUNICATIONS

10 FACILITY INSTALLATION SITINGS.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding section 

12 704 of the Telecommunications Act of 1996 (Public 

13 Law 104–104; 110 Stat. 151) or any other provision 

14 of law, the Administrator of General Services shall— 

15 ‘‘(A) develop one or more master contracts 

16 that shall govern the placement of communica17 tions facility installations on buildings and 

18 other property owned by the Federal Govern19 ment; and 

20 ‘‘(B) in developing the master contract or 

21 contracts, standardize the treatment of the 

22 placement of communications facility installa23 tions on building rooftops or facades, the place24 ment of communications facility installations on 

25 rooftops or inside buildings, the technology used 

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1 in connection with communications facility in2 stallations placed on Federal buildings and 

3 other property, and any other key issues the 

4 Administrator of General Services considers ap5 propriate. 

6 ‘‘(2) APPLICABILITY.—The master contract or 

7 contracts developed by the Administrator of General 

8 Services under paragraph (1) shall apply to all pub9 licly accessible buildings and other property owned 

10 by the Federal Government, unless the Adminis11 trator of General Services decides that issues with 

12 respect to the siting of a communications facility in13 stallation on a specific building or other property 

14 warrant nonstandard treatment of such building or 

15 other property. 

16 ‘‘(3) APPLICATION.— 

17 ‘‘(A) IN GENERAL.—The Administrator of 

18 General Services shall develop a common form 

19 or set of forms for communications facility in20 stallation siting applications that, except as pro21 vided in subparagraph (B), shall be used by all 

22 executive agencies and applicants with respect 

23 to the buildings and other property of each such 

24 agency. 

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1 ‘‘(B) EXCEPTION.—The requirement under 

2 subparagraph (A) for an executive agency to 

3 use the common form or set of forms developed 

4 by the Administrator of General Services shall 

5 not apply to an executive agency if the head of 

6 the executive agency notifies the Administrator 

7 that the executive agency uses a substantially 

8 similar application. 

9 ‘‘(d) DEFINITIONS.—In this section: 

10 ‘‘(1) COMMUNICATIONS FACILITY INSTALLA11 TION.—The term ‘communications facility installa12 tion’ includes— 

13 ‘‘(A) any infrastructure, including any 

14 transmitting device, tower, or support structure, 

15 and any equipment, switches, wiring, cabling, 

16 power sources, shelters, or cabinets, associated 

17 with the licensed or permitted unlicensed wire18 less or wireline transmission of writings, signs, 

19 signals, data, images, pictures, and sounds of 

20 all kinds; and 

21 ‘‘(B) any antenna or apparatus that— 

22 ‘‘(i) is designed for the purpose of 

23 emitting radio frequency; 

24 ‘‘(ii) is designed to be operated, or is 

25 operating, from a fixed location pursuant 

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1 to authorization by the Federal Commu2 nications Commission or is using duly au3 thorized devices that do not require indi4 vidual licenses; and 

5 ‘‘(iii) is added to a tower, building, or 

6 other structure. 

7 ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive 

8 agency’ has the meaning given such term in section 

9 102 of title 40, United States Code.’’. 

10 (b) SAVINGS PROVISION.—An application for an 

11 easement, right-of-way, or lease that was made or granted 

12 under section 6409 of the Middle Class Tax Relief and 

13 Job Creation Act of 2012 (47 U.S.C. 1455) before the 

14 date of enactment of this Act shall continue, subject to 

15 that section as in effect on the day before such date of 

16 enactment. 

17 (c) STREAMLINING BROADBAND FACILITY APPLICA18 TIONS.— 

19 (1) DEFINITION OF COMMUNICATIONS FACILITY

20 INSTALLATION.—In this subsection, the term ‘‘com21 munications facility installation’’ has the meaning 

22 given the term in section 6409(d) of the Middle 

23 Class Tax Relief and Job Creation Act of 2012 (47 

24 U.S.C. 1455(d)), as amended by subsection (a). 

25 (2) RECOMMENDATIONS.— 

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1 (A) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of this Act, the 

3 NTIA, in coordination with the Department of 

4 the Interior, the Department of Agriculture, the 

5 Department of Defense, the Department of 

6 Transportation, OMB, and the General Services 

7 Administration, shall develop recommendations 

8 to streamline the process for considering appli9 cations by those agencies under section 6409(b) 

10 of the Middle Class Tax Relief and Job Cre11 ation Act of 2012 (47 U.S.C. 1455(b)), as 

12 amended by subsection (a). 

13 (B) REQUIREMENTS FOR RECOMMENDA14 TIONS.—The recommendations developed under 

15 subparagraph (A) shall include— 

16 (i) procedures for the tracking of ap17 plications described in subparagraph (A); 

18 (ii) methods by which to reduce the 

19 amount of time between the receipt of an 

20 application and the issuance of a final de21 cision on an application; 

22 (iii) policies to expedite renewals of an 

23 easement, license, or other authorization to 

24 locate communications facility installations 

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1 on land managed by the agencies described 

2 in subparagraph (A); and 

3 (iv) policies that would prioritize or 

4 streamline a permit for construction in a 

5 previously-disturbed right-of-way. 

6 (C) REPORT TO CONGRESS.—Not later 

7 than 2 years after the date on which the rec8 ommendations required under subparagraph 

9 (A) are developed, the NTIA shall submit to the 

10 Committee on Commerce, Science, and Trans11 portation of the Senate, the Committee on 

12 Homeland Security and Governmental Affairs 

13 of the Senate, the Committee on Energy and 

14 Commerce of the House of Representatives, the 

15 Committee on Transportation and Infrastruc16 ture of the House of Representatives, and the 

17 Committee on Oversight and Government Re18 form of the House of Representatives a report 

19 that describes— 

20 (i) the status of the implementation of 

21 the recommendations developed under sub22 paragraph (A); and 

23 (ii) any improvements to the process 

24 for considering applications described in 

25 subparagraph (A) that have resulted from 

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1 those recommendations, including in par2 ticular the speed at which such applica3 tions are reviewed and a final determina4 tion is issued. 

5 (d) ADDITIONAL SAVINGS PROVISIONS.— 

6 (1) REAL PROPERTY AUTHORITIES.—Nothing 

7 in this section, or the amendments made by this sec8 tion, shall be construed as providing any executive 

9 agency with any new leasing or other real property 

10 authorities not existing prior to the date of enact11 ment of this Act. 

12 (2) EFFECT ON OTHER LAWS.—Nothing in this 

13 section, or the amendments made by this section, 

14 and no actions taken pursuant to this section, or the 

15 amendments made by this section, shall impact a de16 cision or determination by any executive agency to 

17 sell, dispose of, declare excess or surplus, lease, 

18 reuse, or redevelop any Federal real property pursu19 ant to title 40, United States Code, the Federal As20 sets Sale and Transfer Act of 2016 (Public Law 

21 114–287), or any other law governing real property 

22 activities of the Federal Government. No agreement 

23 entered into pursuant to this section, or the amend24 ments made by this section, may obligate the Fed25 eral Government to hold, control, or otherwise retain 

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1 or use real property that may otherwise be deemed 

2 as excess, surplus, or that could be otherwise sold, 

3 leased, or redeveloped. 

4 SEC. 607. BROADBAND INFRASTRUCTURE DEPLOYMENT. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE STATE AGENCY.—The term 

7 ‘‘appropriate State agency’’ means a State govern8 mental agency that is recognized by the executive 

9 branch of the State as having the experience nec10 essary to evaluate and carry out projects relating to 

11 the proper and effective installation and operation of 

12 broadband infrastructure. 

13 (2) BROADBAND INFRASTRUCTURE.—The term 

14 ‘‘broadband infrastructure’’ means any buried, un15 derground, or aerial facility, and any wireless or 

16 wireline connection, that enables users to send and 

17 receive voice, video, data, graphics, or any combina18 tion thereof. 

19 (3) BROADBAND INFRASTRUCTURE ENTITY.— 

20 The term ‘‘broadband infrastructure entity’’ means 

21 any entity that— 

22 (A) installs, owns, or operates broadband 

23 infrastructure; and 

24 (B) provides broadband services in a man25 ner consistent with the public interest, convenMarch 21, 2018 (6:08 p.m.)
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1 ience, and necessity, as determined by the 

2 State. 

3 (4) STATE.—The term ‘‘State’’ means— 

4 (A) a State; 

5 (B) the District of Columbia; and 

6 (C) the Commonwealth of Puerto Rico. 

7 (b) BROADBAND INFRASTRUCTURE DEPLOYMENT.— 

8 To facilitate the installation of broadband infrastructure, 

9 the Secretary of Transportation shall promulgate regula10 tions to ensure that each State that receives funds under 

11 chapter 1 of title 23, United States Code, meets the fol12 lowing requirements: 

13 (1) BROADBAND CONSULTATION.—The State 

14 department of transportation, in consultation with 

15 appropriate State agencies, shall— 

16 (A) identify a broadband utility coordi17 nator, that may have additional responsibilities, 

18 whether in the State department of transpor19 tation or in another State agency, that is re20 sponsible for facilitating the broadband infra21 structure right-of-way efforts within the State; 

22 (B) establish a process for the registration 

23 of broadband infrastructure entities that seek 

24 to be included in those broadband infrastrucMarch 21, 2018 (6:08 p.m.)
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1 ture right-of-way facilitation efforts within the 

2 State; 

3 (C) establish a process to electronically no4 tify broadband infrastructure entities identified 

5 under subparagraph (B) of the State transpor6 tation improvement program on an annual basis 

7 and provide additional notifications as nec8 essary to achieve the goals of this section; and 

9 (D) coordinate initiatives carried out under 

10 this section with other statewide telecommuni11 cation and broadband plans and State and local 

12 transportation and land use plans, including 

13 strategies to minimize repeated excavations that 

14 involve the installation of broadband infrastruc15 ture in a right-of-way. 

16 (2) PRIORITY.—If a State chooses to provide 

17 for the installation of broadband infrastructure in 

18 the right-of-way of an applicable Federal-aid high19 way project under this subsection, the State depart20 ment of transportation shall carry out any appro21 priate measures to ensure that any existing 

22 broadband infrastructure entities are not disadvan23 taged, as compared to other broadband infrastruc24 ture entities, with respect to the program under this 

25 subsection. 

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1 (c) EFFECT OF SECTION.—This section applies only 

2 to activities for which Federal obligations or expenditures 

3 are initially approved on or after the date regulations 

4 under subsection (b) become effective. Nothing in this sec5 tion establishes a mandate or requirement that a State 

6 install or allow the installation of broadband infrastruc7 ture in a highway right-of-way. Nothing in this section au8 thorizes the Secretary of Transportation to withhold or re9 serve funds or approval of a project under title 23, United 

10 States Code. 

11 SEC. 608. COMMUNICATIONS FACILITIES INSTALLATION. 

12 (a) IN GENERAL.—Section 21 of the Federal Assets 

13 Sale and Transfer Act of 2016 (40 U.S.C. 1303 note) is 

14 amended— 

15 (1) in subsection (b), by adding at the end the 

16 following: 

17 ‘‘(8) The ability of the Federal real property to 

18 support a communications facility installation.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(f) DEFINITION OF COMMUNICATIONS FACILITY IN21 STALLATION.—In this section, the term ‘communications 

22 facility installation’ means— 

23 ‘‘(1) any infrastructure, including any transmit24 ting device, tower, or support structure, and any 

25 equipment, switches, wiring, cabling, power sources, 

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1 shelters, or cabinets associated with the licensed or 

2 permitted unlicensed wireless or wireline trans3 mission of writings, signs, signals, data, images, pic4 tures, and sounds of any kind; and 

5 ‘‘(2) any antenna or apparatus that— 

6 ‘‘(A) is designed for the purpose of emit7 ting radio frequency; 

8 ‘‘(B) is designed to be operated, or is oper9 ating, from a fixed location pursuant to author10 ization by the Federal Communications Com11 mission or is using duly authorized devices that 

12 do not require individual licenses; and 

13 ‘‘(C) is added to a tower, building, or other 

14 structure.’’. 

15 (b) PUBLIC COMMENT.— 

16 (1) IN GENERAL.—Not later than 60 days after 

17 the date of enactment of this Act, the Administrator 

18 of General Services shall issue a notice for public 

19 comment regarding the inclusion of a communica20 tions facility installation under section 21 of the 

21 Federal Assets Sale and Transfer Act of 2016 (40 

22 U.S.C. 1303 note), as amended by subsection (a) of 

23 this section. 

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1 (2) CONTENTS.—In seeking public comment 

2 under paragraph (1), the Administrator shall include 

3 a request for recommendations on— 

4 (A) the criteria that make Federal real 

5 property capable of supporting communications 

6 facility installations; 

7 (B) the types of information related to the 

8 Federal real property that should be included in 

9 the database; and 

10 (C) other matters that the Administrator 

11 determines necessary. 

12 (c) PROVISION OF INFORMATION.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the period for public comment under subsection 

15 (b)(1) ends, the Administrator of General Services 

16 shall notify the head of each Executive agency of the 

17 manner and format for submitting such information 

18 as the Administrator determines appropriate to the 

19 database established under section 21 of the Federal 

20 Assets Sale and Transfer Act of 2016 (40 U.S.C. 

21 1303 note), as amended by subsection (a) of this 

22 section. 

23 (2) SUBMISSION.—Not later than 90 days after 

24 the date of the notification under paragraph (1), the 

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1 head of an Executive agency shall submit the infor2 mation required under paragraph (1). 

3 (d) STATE AND LOCAL GOVERNMENTS.— 

4 (1) IN GENERAL.—The Administrator of Gen5 eral Services, in consultation with the Chairman of 

6 the Commission, the Assistant Secretary of Com7 merce for Communications and Information, the 

8 Under Secretary of Commerce for Standards and 

9 Technology, and the Director of OMB, shall study— 

10 (A) how to incentivize State and local gov11 ernments to provide the Administrator with in12 formation, similar to the information required 

13 under subsection (c)(1), for inclusion in the 

14 database described in that subsection; and 

15 (B) the feasibility of establishing or oper16 ating a database to which State and local gov17 ernments can voluntarily submit such informa18 tion. 

19 (2) REPORT ON INCENTIVIZING PARTICIPATION

20 BY STATE AND LOCAL GOVERNMENTS.— 

21 (A) IN GENERAL.—Not later than 1 year 

22 after the date of enactment of this Act, the Ad23 ministrator of General Services, in consultation 

24 with the Chairman of the Commission, the As25 sistant Secretary of Commerce for CommunicaMarch 21, 2018 (6:08 p.m.)
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1 tions and Information, the Under Secretary of 

2 Commerce for Standards and Technology, and 

3 the Director of OMB, shall submit to the Com4 mittee on Commerce, Science, and Transpor5 tation and the Committee on Homeland Secu6 rity and Governmental Affairs of the Senate, 

7 and the Committee on Energy and Commerce, 

8 the Committee on Transportation and Infra9 structure, and the Committee on Oversight and 

10 Government Reform of the House of Represent11 atives a report on the findings of the study 

12 under paragraph (1), including recommenda13 tions, if any, consistent with this section. 

14 (B) CONSIDERATIONS.—The Administrator 

15 of General Services, in preparing the report 

16 under subparagraph (A), shall— 

17 (i) consult with State and local gov18 ernments, or their representatives, to iden19 tify for inclusion in the report the most 

20 cost-effective options for State and local 

21 governments to collect and provide the in22 formation described in paragraph (1), in23 cluding utilizing and leveraging State 

24 broadband initiatives and programs; and 

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1 (ii) make recommendations on ways 

2 the Federal Government can assist State 

3 and local governments in collecting and 

4 providing the information described in 

5 paragraph (1). 

6 (e) SAVINGS PROVISIONS.— 

7 (1) REAL PROPERTY AUTHORITIES.—Nothing 

8 in this section, or an amendment made by this sec9 tion, shall be construed as providing any Executive 

10 agency with any new leasing or other real property 

11 authority that did not exist prior to the date of en12 actment of this Act. 

13 (2) EFFECT ON OTHER LAWS.—Nothing in this 

14 section, or an amendment made by this section, and 

15 no information submitted pursuant to this section, 

16 or pursuant to an amendment made by this section, 

17 shall be used to prevent or otherwise restrict a deci18 sion or determination by any Executive agency to 

19 sell, dispose of, declare excess or surplus, lease, 

20 reuse or redevelop any Federal real property pursu21 ant to— 

22 (A) title 40 of the United States Code; 

23 (B) the Federal Assets Sale and Transfer 

24 Act of 2016 (40 U.S.C. 1303 note); or 

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1 (C) any other law governing real property 

2 activities of the Federal Government. 

3 SEC. 609. REALLOCATION INCENTIVES. 

4 (a) IN GENERAL.—Not later than 24 months after 

5 the date of enactment of this Act, the Assistant Secretary 

6 of Commerce for Communications and Information, in 

7 consultation with the Commission, the Director of OMB, 

8 and the head of each affected Federal agency (or a des9 ignee thereof), after notice and an opportunity for public 

10 comment, shall submit to the appropriate committees of 

11 Congress a report that includes legislative or regulatory 

12 recommendations to incentivize a Federal entity to relin13 quish, or share with Federal or non-Federal users, Federal 

14 spectrum for the purpose of allowing commercial wireless 

15 broadband services to operate on that Federal spectrum. 

16 (b) POST-AUCTION PAYMENTS.— 

17 (1) REPORT.—In preparing the report under 

18 subsection (a), the Assistant Secretary of Commerce 

19 for Communications and Information shall— 

20 (A) consider whether permitting eligible 

21 Federal entities that are implementing a transi22 tion plan submitted under section 113(h) of the 

23 National Telecommunications and Information 

24 Administration Organization Act (47 U.S.C. 

25 923(h)) to accept payments could result in acMarch 21, 2018 (6:08 p.m.)
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1 cess to the eligible frequencies that are being 

2 reallocated for exclusive non-Federal use or 

3 shared use sooner than would otherwise occur 

4 without such payments; and 

5 (B) include the findings under subpara6 graph (A), including the analysis under para7 graph (2) and any recommendations for legisla8 tion, in the report. 

9 (2) ANALYSIS.—In considering payments under 

10 paragraph (1)(A), the Assistant Secretary of Com11 merce for Communications and Information shall 

12 conduct an analysis of whether and how such pay13 ments would affect— 

14 (A) bidding in auctions conducted under 

15 section 309(j) of the Communications Act of 

16 1934 (47 U.S.C. 309(j)) of such eligible fre17 quencies; and 

18 (B) receipts collected from the auctions de19 scribed in subparagraph (A). 

20 (3) DEFINITIONS.—In this subsection: 

21 (A) PAYMENT.—The term ‘‘payment’’ 

22 means a payment in cash or in-kind by any 

23 auction winner, or any person affiliated with an 

24 auction winner, of eligible frequencies during 

25 the period after eligible frequencies have been 

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1 reallocated by competitive bidding under section 

2 309(j) of the Communications Act of 1934 (47 

3 U.S.C. 309(j)) but prior to the completion of 

4 relocation or sharing transition of such eligible 

5 frequencies per transition plans approved by the 

6 Technical Panel. 

7 (B) ELIGIBLE FREQUENCIES.—The term 

8 ‘‘eligible frequencies’’ has the meaning given 

9 the term in section 113(g)(2) of the National 

10 Telecommunications and Information Adminis11 tration Organization Act (47 U.S.C. 923(g)(2)). 

12 SEC. 610. BIDIRECTIONAL SHARING STUDY. 

13 (a) IN GENERAL.—Not later than 18 months after 

14 the date of enactment of this Act, including an oppor15 tunity for public comment, the Commission, in collabora16 tion with the NTIA, shall— 

17 (1) conduct a bidirectional sharing study to de18 termine the best means of providing Federal entities 

19 flexible access to non-Federal spectrum on a shared 

20 basis across a range of short-, mid-, and long-range 

21 timeframes, including for intermittent purposes like 

22 emergency use; and 

23 (2) submit to Congress a report on the study 

24 under paragraph (1), including any recommenda25 tions for legislation or proposed regulations. 

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1 (b) CONSIDERATIONS.—In conducting the study 

2 under subsection (a), the Commission shall— 

3 (1) consider the regulatory certainty that com4 mercial spectrum users and Federal entities need to 

5 make longer-term investment decisions for shared 

6 access to be viable; and 

7 (2) evaluate any barriers to voluntary commer8 cial arrangements in which non-Federal users could 

9 provide access to Federal entities. 

10 SEC. 611. UNLICENSED SERVICES IN GUARD BANDS. 

11 (a) IN GENERAL.—After public notice and comment, 

12 and in consultation with the Assistant Secretary of Com13 merce for Communications and Information and the head 

14 of each affected Federal agency (or a designee thereof), 

15 with respect to frequencies allocated for Federal use, the 

16 Commission shall adopt rules that permit unlicensed serv17 ices where feasible to use any frequencies that are des18 ignated as guard bands to protect frequencies allocated 

19 after the date of enactment of this Act by competitive bid20 ding under section 309(j) of the Communications Act of 

21 1934 (47 U.S.C. 309(j)), including spectrum that acts as 

22 a duplex gap between transmit and receive frequencies. 

23 (b) LIMITATION.—The Commission may not permit 

24 any use of a guard band under this section that would 

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1 cause harmful interference to a licensed service or a Fed2 eral service. 

3 (c) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed as limiting the Commission or the 

5 Assistant Secretary of Commerce for Communications and 

6 Information from otherwise making spectrum available for 

7 licensed or unlicensed use in any frequency band in addi8 tion to guard bands, including under section 603 of this 

9 title, consistent with their statutory jurisdictions. 

10 SEC. 612. PRE-AUCTION FUNDING. 

11 Section 118(d)(3)(B)(i)(II) of the National Tele12 communications and Information Administration Organi13 zation Act (47 U.S.C. 928(d)(3)(B)(i)(II)) is amended by 

14 striking ‘‘5 years’’ and inserting ‘‘8 years’’. 

15 SEC. 613. IMMEDIATE TRANSFER OF FUNDS. 

16 Section 118(e)(1) of the National Telecommuni17 cations and Information Administration Organization Act 

18 (47 U.S.C. 928(e)(1)) is amended by adding at the end 

19 the following: 

20 ‘‘(D) At the request of an eligible Federal 

21 entity, the Director of the Office of Manage22 ment and Budget (in this subsection referred to 

23 as ‘OMB’) may transfer the amount under sub24 paragraph (A) immediately— 

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1 ‘‘(i) after the frequencies are reallo2 cated by competitive bidding under section 

3 309(j) of the Communications Act of 1934 

4 (47 U.S.C. 309(j)); or 

5 ‘‘(ii) in the case of an incumbent Fed6 eral entity that is incurring relocation or 

7 sharing costs to accommodate sharing 

8 spectrum frequencies with another Federal 

9 entity, after the frequencies from which the 

10 other eligible Federal entity is relocating 

11 are reallocated by competitive bidding 

12 under section 309(j) of the Communica13 tions Act of 1934 (47 U.S.C. 309(j)), with14 out regard to the availability of such sums 

15 in the Fund. 

16 ‘‘(E) Prior to the deposit of proceeds into 

17 the Fund from an auction, the Director of 

18 OMB may borrow from the Treasury the 

19 amount under subparagraph (A) for a transfer 

20 under subparagraph (D). The Treasury shall 

21 immediately be reimbursed, without interest, 

22 from funds deposited into the Fund.’’. 

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1 SEC. 614. AMENDMENTS TO THE SPECTRUM PIPELINE ACT 

2 OF 2015. 

3 Section 1008 of the Spectrum Pipeline Act of 2015 

4 (Public Law 114–74; 129 Stat. 584) is amended in the 

5 matter preceding paragraph (1) by inserting ‘‘, after no6 tice and an opportunity for public comment,’’ after ‘‘the 

7 Commission’’. 

8 SEC. 615. GAO ASSESSMENT OF UNLICENSED SPECTRUM 

9 AND WI-FI USE IN LOW-INCOME NEIGHBOR10 HOODS. 

11 (a) STUDY.— 

12 (1) IN GENERAL.—The Comptroller General of 

13 the United States shall conduct a study to evaluate 

14 the availability of broadband Internet access using 

15 unlicensed spectrum and wireless networks in low-in16 come neighborhoods. 

17 (2) REQUIREMENTS.—In conducting the study 

18 under paragraph (1), the Comptroller General shall 

19 consider and evaluate— 

20 (A) the availability of wireless Internet hot 

21 spots and access to unlicensed spectrum in low22 income neighborhoods, particularly for elemen23 tary and secondary school-aged children in such 

24 neighborhoods; 

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1 (B) any barriers preventing or limiting the 

2 deployment and use of wireless networks in low3 income neighborhoods; 

4 (C) how to overcome any barriers described 

5 in subparagraph (B), including through incen6 tives, policies, or requirements that would in7 crease the availability of unlicensed spectrum 

8 and related technologies in low-income neigh9 borhoods; and 

10 (D) how to encourage home broadband 

11 adoption by households with elementary and 

12 secondary school-age children that are in low13 income neighborhoods. 

14 (b) REPORT.—Not later than 1 year after the date 

15 of enactment of this Act, the Comptroller General shall 

16 submit to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on En18 ergy and Commerce of the House of Representatives a re19 port that— 

20 (1) summarizes the findings of the study con21 ducted under subsection (a); and 

22 (2) makes recommendations with respect to po23 tential incentives, policies, and requirements that 

24 could help achieve the goals described in subpara25 graphs (C) and (D) of subsection (a)(2). 

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1 SEC. 616. RULEMAKING RELATED TO PARTITIONING OR 

2 DISAGGREGATING LICENSES. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COVERED SMALL CARRIER.—The term 

5 ‘‘covered small carrier’’ means a carrier (as defined 

6 in section 3 of the Communications Act of 1934 (47 

7 U.S.C. 153)) that— 

8 (A) has not more than 1,500 employees (as 

9 determined under section 121.106 of title 13, 

10 Code of Federal Regulations, or any successor 

11 thereto); and 

12 (B) offers services using the facilities of 

13 the carrier. 

14 (2) RURAL AREA.—The term ‘‘rural area’’ 

15 means any area other than— 

16 (A) a city, town, or incorporated area that 

17 has a population of more than 20,000 inhab18 itants; or 

19 (B) an urbanized area contiguous and ad20 jacent to a city or town that has a population 

21 of more than 50,000 inhabitants. 

22 (b) RULEMAKING.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this Act, the Commission 

25 shall initiate a rulemaking proceeding to assess 

26 whether to establish a program, or modify existing 

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1 programs, under which a licensee that receives a li2 cense for the exclusive use of spectrum in a specific 

3 geographic area under section 301 of the Commu4 nications Act of 1934 (47 U.S.C. 301) may partition 

5 or disaggregate the license by sale or long-term 

6 lease— 

7 (A) in order to— 

8 (i) provide services consistent with the 

9 license; and 

10 (ii) make unused spectrum available 

11 to— 

12 (I) an unaffiliated covered small 

13 carrier; or 

14 (II) an unaffiliated carrier to 

15 serve a rural area; and 

16 (B) if the Commission finds that such a 

17 program would promote— 

18 (i) the availability of advanced tele19 communications services in rural areas; or 

20 (ii) spectrum availability for covered 

21 small carriers. 

22 (2) CONSIDERATIONS.—In conducting the rule23 making proceeding under paragraph (1), the Com24 mission shall consider, with respect to the program 

25 proposed to be established under that paragraph— 

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1 (A) whether reduced performance require2 ments with respect to spectrum obtained 

3 through the program would facilitate deploy4 ment of advanced telecommunications services 

5 in the areas covered by the program; 

6 (B) what conditions may be needed on 

7 transfers of spectrum under the program to 

8 allow covered small carriers that obtain spec9 trum under the program to build out the spec10 trum in a reasonable period of time; 

11 (C) what incentives may be appropriate to 

12 encourage licensees to lease or sell spectrum, in13 cluding— 

14 (i) extending the term of a license 

15 granted under section 301 of the Commu16 nications Act of 1934 (47 U.S.C. 301); or 

17 (ii) modifying performance require18 ments of the license relating to the leased 

19 or sold spectrum; and 

20 (D) the administrative feasibility of— 

21 (i) the incentives described in sub22 paragraph (C); and 

23 (ii) other incentives considered by the 

24 Commission that further the goals of this 

25 section. 

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1 (3) FORFEITURE OF SPECTRUM.—If a party 

2 fails to meet any build out requirements set by the 

3 Commission for any spectrum sold or leased under 

4 this section, the right to the spectrum shall be for5 feited to the Commission unless the Commission 

6 finds that there is good cause for the failure of the 

7 party. 

8 (4) REQUIREMENT.—The Commission may 

9 offer a licensee incentives or reduced performance 

10 requirements under this section only if the Commis11 sion finds that doing so would likely result in in12 creased availability of advanced telecommunications 

13 services in a rural area. 

14 SEC. 617. UNLICENSED SPECTRUM POLICY. 

15 (a) STATEMENT OF POLICY.—It is the policy of the 

16 United States— 

17 (1) to maximize the benefit to the people of the 

18 United States of the spectrum resources of the 

19 United States; 

20 (2) to advance innovation and investment in 

21 wireless broadband services; and 

22 (3) to promote spectrum policy that makes 

23 available on an unlicensed basis radio frequency 

24 bands to address consumer demand for unlicensed 

25 wireless broadband operations. 

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1 (b) COMMISSION RESPONSIBILITIES.—The Commis2 sion shall ensure that the efforts of the Commission re3 lated to spectrum allocation and assignment made avail4 able on an unlicensed basis radio frequency bands to ad5 dress demand for unlicensed wireless broadband oper6 ations if doing so is, after taking into account the future 

7 needs of homeland security, national security, and other 

8 spectrum users— 

9 (1) reasonable; and 

10 (2) in the public interest. 

11 (c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion confers any additional rights on unlicensed users or 

13 users licensed by rule under part 96 of title 47, Code of 

14 Federal Regulations, to protection from harmful inter15 ference. 

16 SEC. 618. NATIONAL PLAN FOR UNLICENSED SPECTRUM. 

17 (a) DEFINITIONS.—In this section: 

18 (1) SPECTRUM RELOCATION FUND.—The term 

19 ‘‘Spectrum Relocation Fund’’ means the Fund es20 tablished under section 118 of the National Tele21 communications and Information Administration Or22 ganization Act (47 U.S.C. 928). 

23 (2) UNLICENSED OR LICENSED BY RULE OPER24 ATIONS.—The term ‘‘unlicensed or licensed by rule 

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1 operations’’ means the use of spectrum on a non-ex2 clusive basis under— 

3 (A) part 15 of title 47, Code of Federal 

4 Regulations; or 

5 (B) licensing by rule under part 96 of title 

6 47, Code of Federal Regulations. 

7 (b) NATIONAL PLAN.—Not later than 18 months 

8 after the date of enactment of this Act, the Commission, 

9 in consultation with the NTIA, shall develop a national 

10 plan for making additional radio frequency bands available 

11 for unlicensed or licensed by rule operations. 

12 (c) REQUIREMENTS.—The plan developed under this 

13 section shall— 

14 (1) identify an approach that ensures that con15 sumers have access to additional spectrum to con16 duct unlicensed or licensed by rule operations in a 

17 range of radio frequencies to meet consumer de18 mand; 

19 (2) recommend specific actions by the Commis20 sion and the NTIA to permit unlicensed or licensed 

21 by rule operations in additional radio frequency 

22 ranges that the Commission finds— 

23 (A) are consistent with the statement of 

24 policy under section 617(a) of this title; 

25 (B) will— 

March 21, 2018 (6:08 p.m.)
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1 (i) expand opportunities for unli2 censed or licensed by rule operations in a 

3 spectrum band; or 

4 (ii) otherwise improve spectrum utili5 zation and intensity of use of bands where 

6 unlicensed or licensed by rule operations 

7 are already permitted; 

8 (C) will not cause harmful interference to 

9 Federal or non-Federal users of such bands; 

10 and 

11 (D) will not significantly impact homeland 

12 security or national security communications 

13 systems; and 

14 (3) examine additional ways, with respect to ex15 isting and planned databases or spectrum access sys16 tems designed to promote spectrum sharing and ac17 cess to spectrum for unlicensed or licensed by rule 

18 operations— 

19 (A) to improve accuracy and efficacy; 

20 (B) to reduce burdens on consumers, man21 ufacturers, and service providers; and 

22 (C) to protect sensitive Government infor23 mation. 

24 (d) SPECTRUM RELOCATION FUND.—To be included 

25 as an appendix as part of the plan developed under this 

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1 section, the NTIA, in consultation with the Director of 

2 the Office of Management and Budget, shall share with 

3 the Commission recommendations about how to reform 

4 the Spectrum Relocation Fund— 

5 (1) to address costs incurred by Federal entities 

6 related to sharing radio frequency bands with radio 

7 technologies conducting unlicensed or licensed by 

8 rule operations; and 

9 (2) to ensure the Spectrum Relocation Fund 

10 has sufficient funds to cover— 

11 (A) the costs described in paragraph (1); 

12 and 

13 (B) other expenditures allowed of the 

14 Spectrum Relocation Fund under section 118 of 

15 the National Telecommunications and Informa16 tion Administration Organization Act (47 

17 U.S.C. 928). 

18 (e) REPORT REQUIRED.— 

19 (1) IN GENERAL.—Not later than 18 months 

20 after the date of enactment of this Act, the Commis21 sion shall submit to the appropriate committees of 

22 Congress a report that describes the plan developed 

23 under this section, including any recommendations 

24 for legislative change. 

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1 (2) PUBLICATION ON COMMISSION WEBSITE.— 

2 Not later than the date on which the Commission 

3 submits the report under paragraph (1), the Com4 mission shall make the report publicly available on 

5 the website of the Commission. 

6 (f) RULE OF CONSTRUCTION.—Nothing in this sec7 tion confers any additional rights on unlicensed users or 

8 users licensed by rule under part 96 of title 47, Code of 

9 Federal Regulations, to protection from harmful inter10 ference. 

11 SEC. 619. SPECTRUM CHALLENGE PRIZE. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Spectrum Challenge Prize Act’’. 

14 (b) DEFINITION OF PRIZE COMPETITION.—In this 

15 section, the term ‘‘prize competition’’ means a prize com16 petition conducted by the Secretary under subsection 

17 (c)(1). 

18 (c) SPECTRUM CHALLENGE PRIZE.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the Assistant Secretary of Commerce for 

21 Communications and Information and the Under 

22 Secretary of Commerce for Standards and Tech23 nology, shall, subject to the availability of funds for 

24 prize competitions under this section— 

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1 (A) conduct prize competitions to dramati2 cally accelerate the development and commer3 cialization of technology that improves spectrum 

4 efficiency and is capable of cost-effective deploy5 ment; and 

6 (B) define a measurable set of perform7 ance goals for participants in the prize competi8 tions to demonstrate their solutions on a level 

9 playing field while making a significant ad10 vancement over the current state of the art. 

11 (2) AUTHORITY OF SECRETARY.—In carrying 

12 out paragraph (1), the Secretary may— 

13 (A) enter into a grant, contract, coopera14 tive agreement, or other agreement with a pri15 vate sector for-profit or nonprofit entity to ad16 minister the prize competitions; 

17 (B) invite the Defense Advanced Research 

18 Projects Agency, the Commission, the National 

19 Aeronautics and Space Administration, the Na20 tional Science Foundation, or any other Federal 

21 agency to provide advice and assistance in the 

22 design or administration of the prize competi23 tions; and 

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1 (C) award not more than $5,000,000, in 

2 the aggregate, to the winner or winners of the 

3 prize competitions. 

4 (d) CRITERIA.—Not later than 180 days after the 

5 date on which funds for prize competitions are made avail6 able pursuant to this section, the Commission shall publish 

7 a technical paper on spectrum efficiency providing criteria 

8 that may be used for the design of the prize competitions. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary to carry out this section. 

12 SEC. 620. WIRELESS TELECOMMUNICATIONS TAX AND FEE 

13 COLLECTION FAIRNESS. 

14 (a) SHORT TITLE.—This section may be cited as the 

15 ‘‘Wireless Telecommunications Tax and Fee Collection 

16 Fairness Act’’. 

17 (b) DEFINITIONS.—In this section: 

18 (1) FINANCIAL TRANSACTION.—The term ‘‘fi19 nancial transaction’’ means a transaction in which 

20 the purchaser or user of a wireless telecommuni21 cations service upon whom a tax, fee, or surcharge 

22 is imposed gives cash, credit, or any other exchange 

23 of monetary value or consideration to the person 

24 who is required to collect or remit the tax, fee, or 

25 surcharge. 

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1 (2) LOCAL JURISDICTION.—The term ‘‘local ju2 risdiction’’ means a political subdivision of a State. 

3 (3) STATE.—The term ‘‘State’’ means any of 

4 the several States, the District of Columbia, and any 

5 territory or possession of the United States. 

6 (4) STATE OR LOCAL JURISDICTION.—The term 

7 ‘‘State or local jurisdiction’’ includes any govern8 mental entity or person acting on behalf of a State 

9 or local jurisdiction that has the authority to assess, 

10 impose, levy, or collect taxes or fees. 

11 (5) WIRELESS TELECOMMUNICATIONS SERV12 ICE.—The term ‘‘wireless telecommunications serv13 ice’’ means a commercial mobile radio service, as de14 fined in section 20.3 of title 47, Code of Federal 

15 Regulations, or any successor thereto. 

16 (c) FINANCIAL TRANSACTION REQUIREMENT.— 

17 (1) IN GENERAL.—A State, or a local jurisdic18 tion of a State, may not require a person who is nei19 ther a resident of such State or local jurisdiction nor 

20 an entity having its principal place of business in 

21 such State or local jurisdiction to collect from, or 

22 remit on behalf of, any other person a State or local 

23 tax, fee, or surcharge imposed on a purchaser or 

24 user with respect to the purchase or use of any wire25 less telecommunications service within the State unMarch 21, 2018 (6:08 p.m.)
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1 less the collection or remittance is in connection with 

2 a financial transaction. 

3 (2) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection shall be construed to affect the right of 

5 a State or local jurisdiction to require the collection 

6 of any tax, fee, or surcharge in connection with a fi7 nancial transaction. 

8 (d) ENFORCEMENT.— 

9 (1) PRIVATE RIGHT OF ACTION.—Any person 

10 aggrieved by a violation of subsection (c) may bring 

11 a civil action in an appropriate district court of the 

12 United States for equitable relief in accordance with 

13 paragraph (2) of this subsection. 

14 (2) JURISDICTION OF DISTRICT COURTS.—Not15 withstanding section 1341 of title 28, United States 

16 Code, or the constitution or laws of any State, the 

17 district courts of the United States shall have juris18 diction, without regard to the amount in controversy 

19 or citizenship of the parties, to grant such manda20 tory or prohibitive injunctive relief, interim equitable 

21 relief, and declaratory judgments as may be nec22 essary to prevent, restrain, or terminate any acts in 

23 violation of subsection (c). 

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1 SEC. 621. RULES OF CONSTRUCTION. 

2 (a) RANGES OF FREQUENCIES.—Each range of fre3 quencies described in this title shall be construed to be 

4 inclusive of the upper and lower frequencies in the range. 

5 (b) ASSESSMENT OF ELECTROMAGNETIC SPECTRUM

6 REALLOCATION.—Nothing in this title shall be construed 

7 to affect any requirement under section 156 of the Na8 tional Telecommunications and Information Administra9 tion Organization Act (47 U.S.C. 921 note), as added by 

10 section 1062(a) of the National Defense Authorization Act 

11 for Fiscal Year 2000. 

12 SEC. 622. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF 

13 AND JOB CREATION ACT OF 2012. 

14 Nothing in this title shall be construed to limit, re15 strict, or circumvent in any way the implementation of the 

16 nationwide public safety broadband network defined in 

17 section 6001 of title VI of the Middle Class Tax Relief 

18 and Job Creation Act of 2012 (47 U.S.C. 1401) or any 

19 rules implementing that network under title VI of that Act 

20 (47 U.S.C. 1401 et seq.). 

21 SEC. 623. NO ADDITIONAL FUNDS AUTHORIZED. 

22 No additional funds are authorized to be appro23 priated to carry out this title, or the amendments made 

24 by this title. This title, and the amendments made by this 

25 title, shall be carried out using amounts otherwise author26 ized. 

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1 DIVISION Q—KEVIN AND 

2 AVONTE’S LAW 

3 SECTION 1. SHORT TITLE. 

4 This division may be cited as the ‘‘Kevin and 

5 Avonte’s Law of 2018’’. 

6 TITLE I—MISSING ALZHEIMER’S 

7 DISEASE PATIENT ALERT 

8 PROGRAM REAUTHORIZA9 TION 

10 SEC. 101. SHORT TITLE. 

11 This title may be cited as the ‘‘Missing Americans 

12 Alert Program Act of 2018’’. 

13 SEC. 102. REAUTHORIZATION OF THE MISSING ALZ14 HEIMER’S DISEASE PATIENT ALERT PRO15 GRAM. 

16 (a) AMENDMENTS.—Section 240001 of the Violent 

17 Crime Control and Law Enforcement Act of 1994 (34 

18 U.S.C. 12621) is amended— 

19 (1) in the section header, by striking ‘‘ALZ20 HEIMER’S DISEASE PATIENT’’ and inserting 

21 ‘‘AMERICANS’’; 

22 (2) by striking subsection (a) and inserting the 

23 following: 

24 ‘‘(a) GRANT PROGRAM TO REDUCE INJURY AND

25 DEATH OF MISSING AMERICANS WITH DEMENTIA AND

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1 DEVELOPMENTAL DISABILITIES.—Subject to the avail2 ability of appropriations to carry out this section, the At3 torney General, through the Bureau of Justice Assistance 

4 and in consultation with the Secretary of Health and 

5 Human Services— 

6 ‘‘(1) shall award competitive grants to health 

7 care agencies, State and local law enforcement agen8 cies, or public safety agencies and nonprofit organi9 zations to assist such entities in planning, designing, 

10 establishing, or operating locally based, proactive 

11 programs to prevent wandering and locate missing 

12 individuals with forms of dementia, such as Alz13 heimer’s Disease, or developmental disabilities, such 

14 as autism, who, due to their condition, wander from 

15 safe environments, including programs that— 

16 ‘‘(A) provide prevention and response in17 formation, including online training resources, 

18 and referrals to families or guardians of such 

19 individuals who, due to their condition, wander 

20 from a safe environment; 

21 ‘‘(B) provide education and training, in22 cluding online training resources, to first re23 sponders, school personnel, clinicians, and the 

24 public in order to— 

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1 ‘‘(i) increase the safety and reduce the 

2 incidence of wandering of persons, who, 

3 due to their dementia or developmental 

4 disabilities, may wander from safe environ5 ments; 

6 ‘‘(ii) facilitate the rescue and recovery 

7 of individuals who, due to their dementia 

8 or developmental disabilities, wander from 

9 safe environments; and 

10 ‘‘(iii) recognize and respond to and 

11 appropriately interact with endangered 

12 missing individuals with dementia or devel13 opmental disabilities who, due to their con14 dition, wander from safe environments; 

15 ‘‘(C) provide prevention and response 

16 training and emergency protocols for school ad17 ministrators, staff, and families or guardians of 

18 individuals with dementia, such as Alzheimer’s 

19 Disease, or developmental disabilities, such as 

20 autism, to help reduce the risk of wandering by 

21 such individuals; and 

22 ‘‘(D) develop, operate, or enhance a notifi23 cation or communications systems for alerts, 

24 advisories, or dissemination of other informa25 tion for the recovery of missing individuals with 

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1 forms of dementia, such as Alzheimer’s Disease, 

2 or with developmental disabilities, such as au3 tism; and 

4 ‘‘(2) shall award grants to health care agencies, 

5 State and local law enforcement agencies, or public 

6 safety agencies to assist such agencies in designing, 

7 establishing, and operating locative tracking tech8 nology programs for individuals with forms of de9 mentia, such as Alzheimer’s Disease, or children 

10 with developmental disabilities, such as autism, who 

11 have wandered from safe environments.’’; 

12 (3) in subsection (b)— 

13 (A) by inserting ‘‘competitive’’ after ‘‘to re14 ceive a’’; 

15 (B) by inserting ‘‘agency or’’ before ‘‘orga16 nization’’ each place it appears; and 

17 (C) by adding at the end the following: 

18 ‘‘The Attorney General shall periodically solicit 

19 applications for grants under this section by 

20 publishing a request for applications in the 

21 Federal Register and by posting such a request 

22 on the website of the Department of Justice.’’; 

23 and 

24 (4) by striking subsections (c) and (d) and in25 serting the following: 

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1 ‘‘(c) PREFERENCE.—In awarding grants under sub2 section (a)(1), the Attorney General shall give preference 

3 to law enforcement or public safety agencies that partner 

4 with nonprofit organizations that appropriately use per5 son-centered plans minimizing restrictive interventions 

6 and that have a direct link to individuals, and families of 

7 individuals, with forms of dementia, such as Alzheimer’s 

8 Disease, or developmental disabilities, such as autism. 

9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section 

11 $2,000,000 for each of fiscal years 2018 through 2022. 

12 ‘‘(e) GRANT ACCOUNTABILITY.—All grants awarded 

13 by the Attorney General under this section shall be subject 

14 to the following accountability provisions: 

15 ‘‘(1) AUDIT REQUIREMENT.— 

16 ‘‘(A) DEFINITION.—In this paragraph, the 

17 term ‘unresolved audit finding’ means a finding 

18 in the final audit report of the Inspector Gen19 eral of the Department of Justice that the au20 dited grantee has utilized grant funds for an 

21 unauthorized expenditure or otherwise unallow22 able cost that is not closed or resolved within 

23 12 months from the date when the final audit 

24 report is issued. 

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1 ‘‘(B) AUDITS.—Beginning in the first fis2 cal year beginning after the date of enactment 

3 of this subsection, and in each fiscal year there4 after, the Inspector General of the Department 

5 of Justice shall conduct audits of recipients of 

6 grants under this section to prevent waste, 

7 fraud, and abuse of funds by grantees. The In8 spector General shall determine the appropriate 

9 number of grantees to be audited each year. 

10 ‘‘(C) MANDATORY EXCLUSION.—A recipi11 ent of grant funds under this section that is 

12 found to have an unresolved audit finding shall 

13 not be eligible to receive grant funds under this 

14 section during the first 2 fiscal years beginning 

15 after the end of the 12-month period described 

16 in subparagraph (A). 

17 ‘‘(D) PRIORITY.—In awarding grants 

18 under this section, the Attorney General shall 

19 give priority to eligible applicants that did not 

20 have an unresolved audit finding during the 3 

21 fiscal years before submitting an application for 

22 a grant under this section. 

23 ‘‘(E) REIMBURSEMENT.—If an entity is 

24 awarded grant funds under this section during 

25 the 2-fiscal-year period during which the entity 

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1 is barred from receiving grants under subpara2 graph (C), the Attorney General shall— 

3 ‘‘(i) deposit an amount equal to the 

4 amount of the grant funds that were im5 properly awarded to the grantee into the 

6 General Fund of the Treasury; and 

7 ‘‘(ii) seek to recoup the costs of the 

8 repayment to the fund from the grant re9 cipient that was erroneously awarded grant 

10 funds. 

11 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE12 MENTS.— 

13 ‘‘(A) DEFINITION OF NONPROFIT ORGANI14 ZATION.—For purposes of this paragraph and 

15 the grant programs under this section, the term 

16 ‘nonprofit organization’ means an organization 

17 that is described in section 501(c)(3) of the In18 ternal Revenue Code of 1986 and is exempt 

19 from taxation under section 501(a) of such 

20 Code. 

21 ‘‘(B) PROHIBITION.—The Attorney Gen22 eral may not award a grant under this section 

23 to a nonprofit organization that holds money in 

24 offshore accounts for the purpose of avoiding 

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1 paying the tax described in section 511(a) of 

2 the Internal Revenue Code of 1986. 

3 ‘‘(C) DISCLOSURE.—Each nonprofit orga4 nization that is awarded a grant under this sec5 tion and uses the procedures prescribed in regu6 lations to create a rebuttable presumption of 

7 reasonableness for the compensation of its offi8 cers, directors, trustees, and key employees, 

9 shall disclose to the Attorney General, in the 

10 application for the grant, the process for deter11 mining such compensation, including the inde12 pendent persons involved in reviewing and ap13 proving such compensation, the comparability 

14 data used, and contemporaneous substantiation 

15 of the deliberation and decision. Upon request, 

16 the Attorney General shall make the informa17 tion disclosed under this subparagraph available 

18 for public inspection. 

19 ‘‘(3) CONFERENCE EXPENDITURES.— 

20 ‘‘(A) LIMITATION.—No amounts made 

21 available to the Department of Justice under 

22 this section may be used by the Attorney Gen23 eral, or by any individual or entity awarded dis24 cretionary funds through a cooperative agree25 ment under this section, to host or support any 

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1 expenditure for conferences that uses more than 

2 $20,000 in funds made available by the Depart3 ment of Justice, unless the head of the relevant 

4 agency or department, provides prior written 

5 authorization that the funds may be expended 

6 to host the conference. 

7 ‘‘(B) WRITTEN APPROVAL.—Written ap8 proval under subparagraph (A) shall include a 

9 written estimate of all costs associated with the 

10 conference, including the cost of all food, bev11 erages, audio-visual equipment, honoraria for 

12 speakers, and entertainment. 

13 ‘‘(C) REPORT.—The Deputy Attorney Gen14 eral shall submit an annual report to the Com15 mittee on the Judiciary of the Senate and the 

16 Committee on the Judiciary of the House of 

17 Representatives on all conference expenditures 

18 approved under this paragraph. 

19 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in 

20 the first fiscal year beginning after the date of en21 actment of this subsection, the Attorney General 

22 shall submit, to the Committee on the Judiciary and 

23 the Committee on Appropriations of the Senate and 

24 the Committee on the Judiciary and the Committee 

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1 on Appropriations of the House of Representatives, 

2 an annual certification— 

3 ‘‘(A) indicating whether— 

4 ‘‘(i) all audits issued by the Office of 

5 the Inspector General under paragraph (1) 

6 have been completed and reviewed by the 

7 appropriate Assistant Attorney General or 

8 Director; 

9 ‘‘(ii) all mandatory exclusions required 

10 under paragraph (1)(C) have been issued; 

11 and 

12 ‘‘(iii) all reimbursements required 

13 under paragraph (1)(E) have been made; 

14 and 

15 ‘‘(B) that includes a list of any grant re16 cipients excluded under paragraph (1) from the 

17 previous year. 

18 ‘‘(f) PREVENTING DUPLICATIVE GRANTS.— 

19 ‘‘(1) IN GENERAL.—Before the Attorney Gen20 eral awards a grant to an applicant under this sec21 tion, the Attorney General shall compare potential 

22 grant awards with other grants awarded by the At23 torney General to determine if grant awards are or 

24 have been awarded for a similar purpose. 

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1 ‘‘(2) REPORT.—If the Attorney General awards 

2 grants to the same applicant for a similar purpose 

3 the Attorney General shall submit to the Committee 

4 on the Judiciary of the Senate and the Committee 

5 on the Judiciary of the House of Representatives a 

6 report that includes— 

7 ‘‘(A) a list of all such grants awarded, in8 cluding the total dollar amount of any such 

9 grants awarded; and 

10 ‘‘(B) the reason the Attorney General 

11 awarded multiple grants to the same applicant 

12 for a similar purpose.’’. 

13 (b) ANNUAL REPORT.—Not later than 2 years after 

14 the date of enactment of this Act and every year there15 after, the Attorney General shall submit to the Committee 

16 on the Judiciary and the Committee on Appropriations of 

17 the Senate and the Committee on the Judiciary and the 

18 Committee on Appropriations of the House of Representa19 tives a report on the Missing Americans Alert Program, 

20 as amended by subsection (a), which shall address— 

21 (1) the number of individuals who benefitted 

22 from the Missing Americans Alert Program, includ23 ing information such as the number of individuals 

24 with reduced unsafe wandering, the number of peo25 ple who were trained through the program, and the 

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1 estimated number of people who were impacted by 

2 the program; 

3 (2) the number of State, local, and tribal law 

4 enforcement or public safety agencies that applied 

5 for funding under the Missing Americans Alert Pro6 gram; 

7 (3) the number of State, local, and tribal local 

8 law enforcement or public safety agencies that re9 ceived funding under the Missing Americans Alert 

10 Program, including— 

11 (A) the number of State, local, and tribal 

12 law enforcement or public safety agencies that 

13 used such funding for training; and 

14 (B) the number of State, local, and tribal 

15 law enforcement or public safety agencies that 

16 used such funding for designing, establishing, 

17 or operating locative tracking technology; 

18 (4) the companies, including the location (city 

19 and State) of the headquarters and local offices of 

20 each company, for which their locative tracking tech21 nology was used by State, local, and tribal law en22 forcement or public safety agencies; 

23 (5) the nonprofit organizations, including the 

24 location (city and State) of the headquarters and 

25 local offices of each organization, that State, local, 

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1 and tribal law enforcement or public safety agencies 

2 partnered with and the result of each partnership; 

3 (6) the number of missing children with autism 

4 or another developmental disability with wandering 

5 tendencies or adults with Alzheimer’s being served 

6 by the program who went missing and the result of 

7 the search for each such individual; and 

8 (7) any recommendations for improving the 

9 Missing Americans Alert Program. 

10 (c) TABLE OF CONTENTS.—The table of contents in 

11 section 2 of the Violent Crime Control and Law Enforce12 ment Act of 1994 is amended by striking the item relating 

13 to section 240001 and inserting the following: 

‘‘Sec. 240001. Missing Americans Alert Program.’’. 

14 TITLE II—EDUCATION AND 

15 OUTREACH 

16 SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISS17 ING AND EXPLOITED CHILDREN. 

18 Section 404(b)(1)(H) of the Missing Children’s As19 sistance Act (34 U.S.C. 11293(b)(1)(H)) is amended by 

20 inserting ‘‘, including cases involving children with devel21 opmental disabilities such as autism’’ before the semi22 colon. 

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1 TITLE III—PRIVACY 

2 PROTECTIONS 

3 SEC. 301. DEFINITIONS. 

4 In this title: 

5 (1) CHILD.—The term ‘‘child’’ means an indi6 vidual who is less than 18 years of age. 

7 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

8 has the meaning given that term in section 4(e) of 

9 the Indian Self-Determination and Education Assist10 ance Act (25 U.S.C. 5304(e)). 

11 (3) LAW ENFORCEMENT AGENCY.—The term 

12 ‘‘law enforcement agency’’ means an agency of a 

13 State, unit of local government, or Indian tribe that 

14 is authorized by law or by a government agency to 

15 engage in or supervise the prevention, detection, in16 vestigation, or prosecution of any violation of crimi17 nal law. 

18 (4) NON-INVASIVE AND NON-PERMANENT.—The 

19 term ‘‘non-invasive and non-permanent’’ means, with 

20 regard to any technology or device, that the proce21 dure to install the technology or device does not cre22 ate an external or internal marker or implant a de23 vice, such as a microchip, or other trackable items. 

24 (5) STATE.—The term ‘‘State’’ means each of 

25 the 50 States, the District of Columbia, the ComMarch 21, 2018 (6:08 p.m.)
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1 monwealth of Puerto Rico, the United States Virgin 

2 Islands, American Samoa, Guam, and the Common3 wealth of the Northern Mariana Islands. 

4 (6) UNIT OF LOCAL GOVERNMENT.—The term 

5 ‘‘unit of local government’’ means a county, munici6 pality, town, township, village, parish, borough, or 

7 other unit of general government below the State 

8 level. 

9 SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF 

10 NON-INVASIVE AND NON-PERMANENT TRACK11 ING DEVICES. 

12 (a) ESTABLISHMENT.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this Act, the Attorney 

15 General, in consultation with the Secretary of 

16 Health and Human Services and leading research, 

17 advocacy, self-advocacy, and service organizations, 

18 shall establish standards and best practices relating 

19 to the use of non-invasive and non-permanent track20 ing technology, where a guardian or parent has de21 termined that a non-invasive and non-permanent 

22 tracking device is the least restrictive alternative, to 

23 locate individuals as described in subsection (a)(2) of 

24 section 240001 of the Violent Crime Control and 

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1 Law Enforcement Act of 1994 (34 U.S.C. 12621), 

2 as added by this Act. 

3 (2) REQUIREMENTS.—In establishing the 

4 standards and best practices required under para5 graph (1), the Attorney General shall— 

6 (A) determine— 

7 (i) the criteria used to determine 

8 which individuals would benefit from the 

9 use of a tracking device; 

10 (ii) the criteria used to determine who 

11 should have direct access to the tracking 

12 system; and 

13 (iii) which non-invasive and non-per14 manent types of tracking devices can be 

15 used in compliance with the standards and 

16 best practices; and 

17 (B) establish standards and best practices 

18 the Attorney General determines are necessary 

19 to the administration of a tracking system, in20 cluding procedures to— 

21 (i) safeguard the privacy of the data 

22 used by the tracking device such that— 

23 (I) access to the data is re24 stricted to law enforcement and health 

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1 agencies determined necessary by the 

2 Attorney General; and 

3 (II) collection, use, and retention 

4 of the data is solely for the purpose of 

5 preventing injury to or death of the 

6 individual wearing the tracking device; 

7 (ii) establish criteria to determine 

8 whether use of the tracking device is the 

9 least restrictive alternative in order to pre10 vent risk of injury or death before issuing 

11 the tracking device, including the previous 

12 consideration of less restrictive alter13 natives; 

14 (iii) provide training for law enforce15 ment agencies to recognize signs of abuse 

16 during interactions with applicants for 

17 tracking devices; 

18 (iv) protect the civil rights and lib19 erties of the individuals who use tracking 

20 devices, including their rights under the 

21 Fourth Amendment to the Constitution of 

22 the United States and title VII of the Civil 

23 Rights Act of 1964 (42 U.S.C. 2000e et 

24 seq.); 

March 21, 2018 (6:08 p.m.)
1954 

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1 (v) establish a complaint and inves2 tigation process to address— 

3 (I) incidents of noncompliance by 

4 recipients of grants under subsection 

5 (a)(2) of section 240001 of the Vio6 lent Crime Control and Law Enforce7 ment Act of 1994 (34 U.S.C. 12621), 

8 as added by this Act, with the best 

9 practices established by the Attorney 

10 General or other applicable law; and 

11 (II) use of a tracking device over 

12 the objection of an individual; and 

13 (vi) determine the role that State 

14 agencies should have in the administration 

15 of a tracking system. 

16 (3) EFFECTIVE DATE.—The standards and best 

17 practices established pursuant to paragraph (1) shall 

18 take effect 90 days after publication of such stand19 ards and practices by the Attorney General. 

20 (b) REQUIRED COMPLIANCE.— 

21 (1) IN GENERAL.—Each entity that receives a 

22 grant under subsection (a)(2) of section 240001 of 

23 the Violent Crime Control and Law Enforcement 

24 Act of 1994 (34 U.S.C. 12621), as added by this 

25 Act, shall comply with any standards and best pracMarch 21, 2018 (6:08 p.m.)
1955 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 tices relating to the use of tracking devices estab2 lished by the Attorney General in accordance with 

3 subsection (a). 

4 (2) DETERMINATION OF COMPLIANCE.—The 

5 Attorney General, in consultation with the Secretary 

6 of Health and Human Services, shall determine 

7 whether an entity that receives a grant under sub8 section (a)(2) of section 240001 of the Violent 

9 Crime Control and Law Enforcement Act of 1994 

10 (34 U.S.C. 12621), as added by this Act, acts in 

11 compliance with the standards and best practices de12 scribed in paragraph (1). 

13 (c) APPLICABILITY OF STANDARDS AND BEST PRAC14 TICES.—The standards and best practices established by 

15 the Attorney General under subsection (a) shall apply only 

16 to the grant programs authorized under subsection (a)(2) 

17 of section 240001 of the Violent Crime Control and Law 

18 Enforcement Act of 1994 (34 U.S.C. 12621), as added 

19 by this Act. 

20 (d) LIMITATIONS ON PROGRAM.— 

21 (1) DATA STORAGE.—Any tracking data pro22 vided by tracking devices issued under this program 

23 may not be used by a Federal entity to create a 

24 database. 

March 21, 2018 (6:08 p.m.)
1956 

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1 (2) VOLUNTARY PARTICIPATION.—Nothing in 

2 this Act may be construed to require that a parent 

3 or guardian use a tracking device to monitor the lo4 cation of a child or adult under that parent or 

5 guardian’s supervision if the parent or guardian 

6 does not believe that the use of such device is nec7 essary or in the interest of the child or adult under 

8 supervision. 

March 21, 2018 (6:08 p.m.)
1957 

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1 DIVISION R—TARGET ACT 

2 SECTION 1. SHORT TITLES. 

3 This division may be cited as the ‘‘Targeted Rewards 

4 for the Global Eradication of Human Trafficking’’ or the 

5 ‘‘TARGET Act’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Trafficking in persons is a major 

9 transnational crime, as recognized by the Trafficking 

10 Victims Protection Act of 2000 (22 U.S.C. 7101 et 

11 seq.; division A of Public Law 106–386). 

12 (2) Trafficking in persons is increasingly per13 petrated by organized, sophisticated criminal enter14 prises. 

15 (3) Combating trafficking in persons requires a 

16 global approach to identifying and apprehending the 

17 world’s worst human trafficking rings. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that the Department of State’s rewards program is 

20 a powerful tool in combating sophisticated international 

21 crime and that the Department of State and Federal law 

22 enforcement should work in concert to offer rewards that 

23 target human traffickers who prey on the most vulnerable 

24 people around the world. 

March 21, 2018 (6:08 p.m.)
1958 

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1 SEC. 3. REWARDS FOR JUSTICE. 

2 Section 36(k)(5) of the State Department Basic Au3 thorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amend4 ed— 

5 (1) in the matter preceding subparagraph (A), 

6 by striking ‘‘means’’; 

7 (2) by redesignating subparagraphs (A) and 

8 (B) as clauses (i) and (ii), respectively, and moving 

9 such clauses, as redesignated, 2 ems to the right; 

10 (3) by inserting before clause (i), as redesig11 nated, the following: 

12 ‘‘(A) means—’’; 

13 (4) in clause (ii), as redesignated, by striking 

14 the period at the end and inserting ‘‘; and’’; and 

15 (5) by adding at the end following: 

16 ‘‘(B) includes severe forms of trafficking in 

17 persons (as defined in section 103 of the Traf18 ficking Victims Protection Act of 2000 (22 

19 U.S.C. 7102)) involving at least 1 jurisdiction 

20 outside of the United States.’’. 

March 21, 2018 (6:08 p.m.)
1959 

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1 DIVISION S—OTHER MATTER 

2 TITLE I—CHILD PROTECTION 

3 IMPROVEMENTS ACT 

4 SEC. 101. NATIONAL CRIMINAL HISTORY BACKGROUND 

5 CHECK AND CRIMINAL HISTORY REVIEW 

6 PROGRAM. 

7 (a) IN GENERAL.—The National Child Protection 

8 Act of 1993 (34 U.S.C. 40101 et seq.) is amended— 

9 (1) in section 3 (34 U.S.C. 40102)— 

10 (A) by striking ‘‘provider’’ each place it 

11 appears and inserting ‘‘covered individual’’; 

12 (B) by striking ‘‘provider’s’’ each place it 

13 appears and inserting ‘‘covered individual’s’’; 

14 (C) by amending subsection (a)(3) to read 

15 as follows: 

16 ‘‘(3)(A) The Attorney General shall establish a pro17 gram, in accordance with this section, to provide qualified 

18 entities located in States that do not have in effect proce19 dures described in paragraph (1), or qualified entities lo20 cated in States that do not prohibit the use of the program 

21 established under this paragraph, with access to national 

22 criminal history background checks on, and criminal his23 tory reviews of, covered individuals. In any case where the 

24 use of a Federal national criminal history background 

25 check program is required pursuant to Federal law as of 

March 21, 2018 (6:08 p.m.)
1960 

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1 the effective date of this subparagraph, the program under 

2 this subparagraph may not be used. 

3 ‘‘(B) A qualified entity described in subparagraph 

4 (A) may submit to the appropriate designated entity a re5 quest for a national criminal history background check on, 

6 and a criminal history review of, a covered individual. 

7 Qualified entities making a request under this paragraph 

8 shall comply with the guidelines set forth in subsection 

9 (b), and with any additional applicable procedures set 

10 forth by the Attorney General or by the State in which 

11 the entity is located.’’; 

12 (D) in subsection (b)— 

13 (i) in paragraph (1)(E), by striking 

14 ‘‘unsupervised’’; 

15 (ii) by amending paragraph (2) to 

16 read as follows: 

17 ‘‘(2) that the State, or in a State that does not 

18 have in effect procedures described in subsection 

19 (a)(1), the designated entity, ensures that— 

20 ‘‘(A) each covered individual who is the 

21 subject of a background check under subsection 

22 (a) is entitled to obtain a copy of any back23 ground check report; 

24 ‘‘(B) each covered individual who is the 

25 subject of a background check under subsection 

March 21, 2018 (6:08 p.m.)
1961 

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1 (a) is provided a process by which the covered 

2 individual may appeal the results of the back3 ground check to challenge the accuracy or com4 pleteness of the information contained in the 

5 background report of the covered individual and 

6 obtain a prompt determination as to the validity 

7 of such challenge before a final determination is 

8 made by the authorized agency; 

9 ‘‘(C)(i) each covered individual described in 

10 subparagraph (B) is given notice of the oppor11 tunity to appeal; 

12 ‘‘(ii) each covered individual described in 

13 subparagraph (B) will receive instructions on 

14 how to complete the appeals process if the cov15 ered individual wishes to challenge the accuracy 

16 or completeness of the information contained in 

17 the background report of the covered individual; 

18 and 

19 ‘‘(iii) the appeals process is completed in a 

20 timely manner for each covered individual de21 scribed in subparagraph (B); 

22 ‘‘(iv) the appeals process is consistent with 

23 title VII of the Civil Rights Act of 1964 (42 

24 U.S.C. 2000e et seq.); and 

March 21, 2018 (6:08 p.m.)
1962 

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1 ‘‘(D) an authorized agency, upon receipt of 

2 a background check report lacking disposition 

3 data, shall conduct research in whatever State 

4 and local recordkeeping systems are available in 

5 order to obtain complete data;’’; 

6 (iii) in paragraph (3), by inserting ‘‘or 

7 designated entity, as applicable,’’ after 

8 ‘‘authorized agency’’; and 

9 (iv) in paragraph (4), by inserting ‘‘or 

10 designated entity, as applicable,’’ after 

11 ‘‘authorized agency’’; 

12 (E) in subsection (d), by inserting ‘‘, nor 

13 shall any designated entity nor any officer or 

14 employee thereof,’’ after ‘‘officer or employee 

15 thereof,’’; 

16 (F) by amending subsection (e) to read as 

17 follows: 

18 ‘‘(e) FEES.— 

19 ‘‘(1) STATE PROGRAM.—In the case of a back20 ground check conducted pursuant to a State require21 ment adopted after December 20, 1993, conducted 

22 with fingerprints on a covered individual, the fees 

23 collected by authorized State agencies and the Fed24 eral Bureau of Investigation may not exceed the acMarch 21, 2018 (6:08 p.m.)
1963 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 tual cost of the background check conducted with 

2 fingerprints. 

3 ‘‘(2) FEDERAL PROGRAM.—In the case of a na4 tional criminal history background check and crimi5 nal history review conducted pursuant to the proce6 dures established pursuant to subsection (a)(3), the 

7 fees collected by a designated entity shall be set at 

8 a level that will ensure the recovery of the full costs 

9 of providing all such services. The designated entity 

10 shall remit the appropriate portion of such fee to the 

11 Attorney General, which amount is in accordance 

12 with the amount published in the Federal Register 

13 to be collected for the provision of a criminal history 

14 background check by the Federal Bureau of Inves15 tigation. 

16 ‘‘(3) ENSURING FEES DO NOT DISCOURAGE

17 VOLUNTEERS.—A fee system under this subsection 

18 shall be established in a manner that ensures that 

19 fees to qualified entities for background checks do 

20 not discourage volunteers from participating in pro21 grams to care for children, the elderly, or individuals 

22 with disabilities. A fee charged to a qualified entity 

23 that is not organized under section 501(c)(3) of the 

24 Internal Revenue Code of 1986 may not be less than 

March 21, 2018 (6:08 p.m.)
1964 

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1 the total sum of the costs of the Federal Bureau of 

2 Investigation and the designated entity.’’; and 

3 (G) by inserting after subsection (e) the 

4 following: 

5 ‘‘(f) NATIONAL CRIMINAL HISTORY BACKGROUND

6 CHECK AND CRIMINAL HISTORY REVIEW PROGRAM.— 

7 ‘‘(1) NATIONAL CRIMINAL HISTORY BACK8 GROUND CHECK.—Upon a designated entity receiv9 ing notice of a request submitted by a qualified enti10 ty pursuant to subsection (a)(3), the designated en11 tity shall forward the request to the Attorney Gen12 eral, who shall, acting through the Director of the 

13 Federal Bureau of Investigation, complete a finger14 print-based check of the national criminal history 

15 background check system, and provide the informa16 tion received in response to such national criminal 

17 history background check to the appropriate des18 ignated entity. The designated entity may, upon re19 quest from a qualified entity, complete a check of a 

20 State criminal history database. 

21 ‘‘(2) CRIMINAL HISTORY REVIEW.— 

22 ‘‘(A) DESIGNATED ENTITIES.—The Attor23 ney General shall designate, and enter into an 

24 agreement with, one or more entities to make 

25 determinations described in subparagraph (B). 

March 21, 2018 (6:08 p.m.)
1965 

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1 The Attorney General may not designate and 

2 enter into an agreement with a Federal agency 

3 under this subparagraph. 

4 ‘‘(B) DETERMINATIONS.—A designated en5 tity shall, upon the receipt of the information 

6 described in paragraph (1), make a determina7 tion of fitness described in subsection (b)(4), 

8 using the criteria described in subparagraph 

9 (C). 

10 ‘‘(C) CRIMINAL HISTORY REVIEW CRI11 TERIA.—The Attorney General shall, by rule, 

12 establish the criteria for use by designated enti13 ties in making a determination of fitness de14 scribed in subsection (b)(4). Such criteria shall 

15 be based on the criteria established pursuant to 

16 section 108(a)(3)(G)(i) of the Prosecutorial 

17 Remedies and Other Tools to end the Exploi18 tation of Children Today Act of 2003 (34 

19 U.S.C. 40102 note) and section 658H of the 

20 Child Care and Development Block Grant Act 

21 of 1990 (42 U.S.C. 9858f).’’; and 

22 (2) in section 5 (34 U.S.C. 40104)— 

23 (A) by amending paragraph (9) to read as 

24 follows: 

March 21, 2018 (6:08 p.m.)
1966 

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1 ‘‘(9) the term ‘covered individual’ means an in2 dividual— 

3 ‘‘(A) who has, seeks to have, or may have 

4 access to children, the elderly, or individuals 

5 with disabilities, served by a qualified entity; 

6 and 

7 ‘‘(B) who— 

8 ‘‘(i) is employed by or volunteers with, 

9 or seeks to be employed by or volunteer 

10 with, a qualified entity; or 

11 ‘‘(ii) owns or operates, or seeks to 

12 own or operate, a qualified entity;’’; 

13 (B) in paragraph (10), by striking ‘‘and’’ 

14 at the end; 

15 (C) in paragraph (11), by striking the pe16 riod at the end and inserting ‘‘; and’’; and 

17 (D) by inserting after paragraph (11) the 

18 following: 

19 ‘‘(12) the term ‘designated entity’ means an en20 tity designated by the Attorney General under sec21 tion 3(f)(2)(A).’’. 

22 (b) IMPLEMENTATION.—The Attorney General shall 

23 ensure that this section and the amendments made by this 

24 section are fully implemented not later than 1 year after 

25 the date of enactment of this section. 

March 21, 2018 (6:08 p.m.)
1967 

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1 TITLE II—SAVE AMERICA’S 

2 PASTIME ACT 

3 SEC. 201. APPLICATION OF THE FAIR LABOR STANDARDS 

4 ACT OF 1938 TO MINOR LEAGUE BASEBALL 

5 PLAYERS. 

6 (a) IN GENERAL.—Section 13(a) of the Fair Labor 

7 Standards Act of 1938 (29 U.S.C. 213(a)) is amended— 

8 (1) in paragraph (18), by striking the period 

9 and inserting ‘‘; or’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(19) any employee employed to play baseball 

12 who is compensated pursuant to a contract that pro13 vides for a weekly salary for services performed dur14 ing the league’s championship season (but not 

15 spring training or the off season) at a rate that is 

16 not less than a weekly salary equal to the minimum 

17 wage under section 6(a) for a workweek of 40 hours, 

18 irrespective of the number of hours the employee de19 votes to baseball related activities.’’. 

20 (b) EFFECTIVE DATE.—This section, and the amend21 ments made by this section, shall take effect on the date 

22 of enactment of this Act. 

March 21, 2018 (6:08 p.m.)
1968 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 TITLE III—KEEP YOUNG 

2 ATHLETES SAFE ACT 

3 SEC. 301. SHORT TITLE. 

4 This title may be cited as the ‘‘Keep Young Athletes 

5 Safe Act of 2018’’. 

6 SEC. 302. GRANT TO PROTECT YOUNG ATHLETES FROM 

7 ABUSE. 

8 (a) IN GENERAL.—Chapter 2205 of title 36, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘SUBCHAPTER III—GRANT TO KEEP YOUNG 

12 ATHLETES SAFE 

13 ‘‘§ 220531. Grant to protect young athletes from abuse 

14 ‘‘(a) AUTHORITY.—The Attorney General may award 

15 a grant to an eligible nonprofit nongovernmental entity in 

16 order to support oversight of the United States Olympic 

17 Committee, each national governing body, and each 

18 paralympic sports organization with regard to safe19 guarding amateur athletes against abuse, including emo20 tional, physical, and sexual abuse in sports. 

21 ‘‘(b) APPLICATIONS.—To be eligible to receive a 

22 grant under this section, a nonprofit nongovernmental en23 tity shall submit an application to the Attorney General 

24 at such time, in such manner, and containing such inforMarch 21, 2018 (6:08 p.m.)
1969 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 mation as the Attorney General may require, including in2 formation that demonstrates that the entity has— 

3 ‘‘(1) nationally recognized expertise in pre4 venting and investigating emotional, physical, and 

5 sexual abuse in the athletic programs of the United 

6 States Olympic Committee, each national governing 

7 body, and each paralympic sports organization; and 

8 ‘‘(2) the capacity to oversee regular and ran9 dom audits to ensure that the policies and proce10 dures used by the United States Olympic Com11 mittee, each national governing body, and each 

12 paralympic sports organization to prevent and iden13 tify the abuse of an amateur athlete are followed 

14 correctly. 

15 ‘‘(c) USE OF GRANT AMOUNT.—An entity that re16 ceives a grant under this section may use such funds— 

17 ‘‘(1) to develop and test new training materials 

18 for emotional, physical, and sexual abuse prevention 

19 and identification education in youth athletic pro20 grams; 

21 ‘‘(2) for staff salaries, travel expenses, equip22 ment, printing, and other reasonable expenses nec23 essary to develop, maintain, and disseminate to the 

24 United States Olympic Committee, each national 

25 governing body, each paralympic sports organization, 

March 21, 2018 (6:08 p.m.)
1970 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 and other amateur sports organizations information 

2 about safeguarding amateur athletes against abuse, 

3 including emotional, physical, and sexual abuse in 

4 sports; and 

5 ‘‘(3) to oversee the administration of the proce6 dures described in subsection (b)(2). 

7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

8 ‘‘(1) IN GENERAL.—There is authorized to be 

9 appropriated to carry out this section $2,500,000 for 

10 each of the fiscal years 2018 through 2022. 

11 ‘‘(2) AVAILABILITY OF GRANT FUNDS.—Funds 

12 appropriated under this section shall remain avail13 able until expended.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 for chapter 2205 of title 36, United States Code, is 

16 amended by inserting after the item related to section 

17 220529 the following: 

‘‘SUBCHAPTER III—GRANT TO KEEP YOUNG ATHLETES SAFE

‘‘220531. Grant to protect young athletes from abuse.’’. 

March 21, 2018 (6:08 p.m.)
1971 

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1 TITLE IV—CONSENT OF CON2 GRESS TO AMENDMENTS TO 

3 THE CONSTITUTION OF THE 

4 STATE OF ARIZONA 

5 SEC. 401. CONSENT OF CONGRESS TO AMENDMENTS TO 

6 THE CONSTITUTION OF THE STATE OF ARI7 ZONA. 

8 Congress consents to the amendments to the Con9 stitution of the State of Arizona proposed by House Con10 current Resolution 2001 of the 52nd Legislature of the 

11 State of Arizona, First Special Session, 2015, entitled ‘‘A 

12 Concurrent Resolution Proposing an Amendment to the 

13 Constitution of Arizona; Amending Article X, Section 7, 

14 Constitution of Arizona; Amending Article XI, Constitu15 tion of Arizona, by Adding Section 11; Relating to Edu16 cation Finance’’, approved by the voters of the State of 

17 Arizona at the special election held on May 17, 2016. 

18 TITLE V—STOP SCHOOL 

19 VIOLENCE ACT 

20 SEC. 501. SHORT TITLE. 

21 This title may be cited as the ‘‘Student, Teachers, 

22 and Officers Preventing School Violence Act of 2018’’ or 

23 the ‘‘STOP School Violence Act of 2018’’. 

March 21, 2018 (6:08 p.m.)
1972 

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1 SEC. 502. GRANT PROGRAM FOR SCHOOL SECURITY. 

2 Part AA of title I of the Omnibus Crime Control and 

3 Safe Streets Act of 1968 (34 U.S.C. 10551 et seq.) is 

4 amended— 

5 (1) in section 2701 (34 U.S.C. 10551)— 

6 (A) by striking subsection (a) and insert7 ing the following: 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) COPS GRANTS.—The Director of the Of10 fice of Community Oriented Policing Services (re11 ferred to in this part as the ‘COPS Director’) is au12 thorized to make grants to States, units of local gov13 ernment, and Indian tribes for the purposes de14 scribed in paragraphs (5) through (9) of subsection 

15 (b). 

16 ‘‘(2) BJA GRANTS.—The Director of the Bu17 reau of Justice Assistance (referred to in this part 

18 as the ‘BJA Director’) is authorized to make grants 

19 to States, units of local government, and Indian 

20 tribes for the purposes described in paragraphs (1) 

21 through (4) of subsection (b).’’; 

22 (B) in subsection (b)— 

23 (i) in the matter preceding paragraph 

24 (1), by inserting ‘‘evidence-based school 

25 safety programs that may include’’ after 

26 ‘‘through’’; and 

March 21, 2018 (6:08 p.m.)
1973 

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1 (ii) by striking paragraphs (1) 

2 through (6) and inserting the following: 

3 ‘‘(1) Training school personnel and students to 

4 prevent student violence against others and self. 

5 ‘‘(2) The development and operation of anony6 mous reporting systems for threats of school vio7 lence, including mobile telephone applications, hot8 lines, and Internet websites. 

9 ‘‘(3) The development and operation of— 

10 ‘‘(A) school threat assessment and inter11 vention teams that may include coordination 

12 with law enforcement agencies and school per13 sonnel; and 

14 ‘‘(B) specialized training for school offi15 cials in responding to mental health crises. 

16 ‘‘(4) Any other measure that, in the determina17 tion of the BJA Director, may provide a significant 

18 improvement in training, threat assessments and re19 porting, and violence prevention. 

20 ‘‘(5) Coordination with local law enforcement. 

21 ‘‘(6) Training for local law enforcement officers 

22 to prevent student violence against others and self. 

23 ‘‘(7) Placement and use of metal detectors, 

24 locks, lighting, and other deterrent measures. 

March 21, 2018 (6:08 p.m.)
1974 

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1 ‘‘(8) Acquisition and installation of technology 

2 for expedited notification of local law enforcement 

3 during an emergency. 

4 ‘‘(9) Any other measure that, in the determina5 tion of the COPS Director, may provide a significant 

6 improvement in security.’’; 

7 (C) by redesignating subsections (c) 

8 through (f) as subsections (e) through (h), re9 spectively; 

10 (D) by inserting after subsection (b) the 

11 following: 

12 ‘‘(c) CONTRACTS AND SUBAWARDS.—A State, unit of 

13 local government, or Indian tribe may, in using a grant 

14 under this part for purposes authorized under subsection 

15 (b), use the grant to contract with or make 1 or more 

16 subawards to 1 or more— 

17 ‘‘(1) local educational agencies; 

18 ‘‘(2) nonprofit organizations, excluding schools; 

19 or 

20 ‘‘(3) units of local government or tribal organi21 zations. 

22 ‘‘(d) SERVICES AND BENEFITS FOR SCHOOLS.—An 

23 entity that receives a subaward or contract under sub24 section (c) may use such funds to provide services or bene25 fits described under subsection (b) to 1 or more schools.’’; 

March 21, 2018 (6:08 p.m.)
1975 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 (E) in subsection (e), as so redesignated— 

2 (i) by striking ‘‘Director’’ and insert3 ing ‘‘COPS Director and the BJA Direc4 tor’’; 

5 (ii) by striking ‘‘and has’’ and insert6 ing ‘‘has’’; and 

7 (iii) by inserting before the period at 

8 the end the following: ‘‘, and will use evi9 dence-based strategies and programs, such 

10 as those identified by the Comprehensive 

11 School Safety Initiative of the Department 

12 of Justice’’; 

13 (F) in subsection (f), as so redesignated— 

14 (i) in paragraph (1), by striking ‘‘50 

15 percent’’ and inserting ‘‘75 percent’’; and 

16 (ii) in paragraph (3), by striking ‘‘Di17 rector may’’ and inserting ‘‘COPS Director 

18 and the BJA Director may each’’; 

19 (G) in subsection (g), as so redesignated, 

20 by striking ‘‘Director shall’’ and inserting 

21 ‘‘COPS Director and the BJA shall each’’; and 

22 (H) in subsection (h), as so redesignated, 

23 by striking ‘‘Director may’’ and inserting 

24 ‘‘COPS Director and the BJA Director may 

25 each’’; 

March 21, 2018 (6:08 p.m.)
1976 

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1 (2) in section 2702 (34 U.S.C. 10552)— 

2 (A) in subsection (a)— 

3 (i) in the matter preceding paragraph 

4 (1)— 

5 (I) by striking ‘‘the Director’’ the 

6 first place it appears and inserting 

7 ‘‘the COPS Director or the BJA Di8 rector, as the case may be,’’; and 

9 (II) by striking ‘‘the Director 

10 may’’ and inserting ‘‘the COPS Direc11 tor or the BJA Director may’’; 

12 (ii) in paragraph (1)(B), by striking 

13 ‘‘and’’ at the end; 

14 (iii) in paragraph (2)— 

15 (I) in the matter preceding sub16 paragraph (A), by striking ‘‘child psy17 chologists’’ and inserting ‘‘licensed 

18 mental health professionals’’; and 

19 (II) in subparagraph (B), by 

20 striking the period at the end and in21 serting a semicolon; and 

22 (iv) by adding at the end the fol23 lowing: 

24 ‘‘(3) include an assurance that the applicant 

25 shall maintain and report such data, records, and inMarch 21, 2018 (6:08 p.m.)
1977 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 formation (programmatic and financial) as the 

2 COPS Director or the BJA Director may reasonably 

3 require; 

4 ‘‘(4) include a certification, made in a form ac5 ceptable to the COPS Director or the BJA Director, 

6 as the case may be, that— 

7 ‘‘(A) the programs to be funded by the 

8 grant meet all the requirements of this part; 

9 ‘‘(B) all the information contained in the 

10 application is correct; and 

11 ‘‘(C) the applicant will comply with all pro12 visions of this part and all other applicable Fed13 eral laws.’’; and 

14 (B) in subsection (b)— 

15 (i) by striking ‘‘this part’’ and insert16 ing ‘‘the STOP School Violence Act of 

17 2018’’; and 

18 (ii) by striking ‘‘Director shall’’ and 

19 inserting ‘‘COPS Director and the BJA 

20 Director shall each’’; 

21 (3) in section 2703 (34 U.S.C. 10553)— 

22 (A) in the section heading, by inserting 

23 after ‘‘CONGRESS’’ the following: ‘‘; GRANT

24 ACCOUNTABILITY’’; 

March 21, 2018 (6:08 p.m.)
1978 

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1 (B) by striking ‘‘Not later’’ and inserting 

2 the following: 

3 ‘‘(a) ANNUAL REPORT.—Not later’’; 

4 (C) by striking ‘‘Director shall’’ and insert5 ing ‘‘COPS Director and the BJA Director 

6 shall each’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(b) GRANT ACCOUNTABILITY.—Section 3026 (relat9 ing to grant accountability) shall apply to grants awarded 

10 by the COPS Director and the BJA Director under this 

11 part. For purposes of the preceding sentence, any ref12 erences in section 3026 to the Attorney General shall be 

13 considered references to the COPS Director or the BJA 

14 Director, as appropriate, and any references in that sec15 tion to part LL shall be considered references to part 

16 AA.’’; 

17 (4) in section 2704 (34 U.S.C. 10554)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘a public’’ and insert20 ing ‘‘an’’; and 

21 (ii) by inserting ‘‘, including a Bu22 reau-funded school (as defined in section 

23 1141 of the Education Amendments of 

24 1978 (25 U.S.C. 2021))’’ after ‘‘secondary 

25 school’’; 

March 21, 2018 (6:08 p.m.)
1979 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 (B) in paragraph (2), by striking ‘‘and’’ at 

2 the end; 

3 (C) in paragraph (3), by striking the pe4 riod at the end and inserting a semicolon; and 

5 (D) by adding at the end the following: 

6 ‘‘(4) the term ‘evidence-based’ means a pro7 gram, practice, technology, or equipment that— 

8 ‘‘(A) demonstrates a statistically signifi9 cant effect on relevant outcomes based on— 

10 ‘‘(i) strong evidence from not less 

11 than 1 well-designed and well-implemented 

12 experimental study; 

13 ‘‘(ii) moderate evidence from not less 

14 than 1 well-designed and well-implemented 

15 quasi-experimental study; or 

16 ‘‘(iii) promising evidence from not less 

17 than 1 well-designed and well-implemented 

18 correlational study with statistical controls 

19 for selection bias; 

20 ‘‘(B) demonstrates a rationale based on 

21 high-quality research findings or positive eval22 uation that such program, practice, technology, 

23 or equipment is likely to improve relevant out24 comes, and includes ongoing efforts to examine 

March 21, 2018 (6:08 p.m.)
1980 

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1 the effects of the program, practice, technology, 

2 or equipment; or 

3 ‘‘(C) in the case of technology or equip4 ment, demonstrates that use of the technology 

5 or equipment is— 

6 ‘‘(i) consistent with best practices for 

7 school security, including— 

8 ‘‘(I) applicable standards for 

9 school security established by a Fed10 eral or State government agency; and 

11 ‘‘(II) findings and recommenda12 tions of public commissions and task 

13 forces established to make rec14 ommendations or set standards for 

15 school security; and 

16 ‘‘(ii) compliant with all applicable 

17 codes, including building and life safety 

18 codes; and 

19 ‘‘(5) the term ‘tribal organization’ has the same 

20 meaning given the term in section 4(l) of the Indian 

21 Self-Determination and Education Assistance Act 

22 (25 U.S.C. 5304(l)).’’; 

23 (5) by striking section 2705 and inserting the 

24 following: 

March 21, 2018 (6:08 p.m.)
1981 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ‘‘SEC. 2705. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There are authorized to be ap3 propriated— 

4 ‘‘(1) $75,000,000 for fiscal year 2018, of 

5 which— 

6 ‘‘(A) $50,000,000 shall be made available 

7 to the BJA Director to carry out this part; and 

8 ‘‘(B) $25,000,000 shall be made available 

9 to the COPS Director to carry out this part; 

10 and 

11 ‘‘(2) $100,000,000 for each of fiscal years 2019 

12 through 2028, of which, for each fiscal year— 

13 ‘‘(A) $67,000,000 shall be made available 

14 to the BJA Director to carry out this part; and 

15 ‘‘(B) $33,000,000 shall be made available 

16 to the COPS Director to carry out this part. 

17 ‘‘(b) OFFSET.—Any funds appropriated for the Com18 prehensive School Safety Initiative of the National Insti19 tute of Justice in fiscal year 2018 shall instead be used 

20 for the purposes in subsection (a).’’; and 

21 (6) by adding at the end the following: 

22 ‘‘SEC. 2706. RULES OF CONSTRUCTION. 

23 ‘‘(a) NO FUNDS TO PROVIDE FIREARMS OR TRAIN24 ING.—No amounts provided as a grant under this part 

25 may be used for the provision to any person of a firearm 

26 or training in the use of a firearm. 

March 21, 2018 (6:08 p.m.)
1982 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ‘‘(b) NO EFFECT ON OTHER LAWS.—Nothing in this 

2 part may be construed to preclude or contradict any other 

3 provision of law authorizing the provision of firearms or 

4 training in the use of firearms.’’. 

5 TITLE VI—FIX NICS ACT 

6 SEC. 601. SHORT TITLE. 

7 This title may be cited as the ‘‘Fix NICS Act of 

8 2018’’. 

9 SEC. 602. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS 

10 AND AGENCIES. 

11 Section 103 of the Brady Handgun Violence Preven12 tion Act (34 U.S.C. 40901) is amended— 

13 (1) in subsection (e)(1), by adding at the end 

14 the following: 

15 ‘‘(F) SEMIANNUAL CERTIFICATION AND

16 REPORTING.— 

17 ‘‘(i) IN GENERAL.—The head of each 

18 Federal department or agency shall submit 

19 a semiannual written certification to the 

20 Attorney General indicating whether the 

21 department or agency is in compliance 

22 with the record submission requirements 

23 under subparagraph (C). 

24 ‘‘(ii) SUBMISSION DATES.—The head 

25 of a Federal department or agency shall 

March 21, 2018 (6:08 p.m.)
1983 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 submit a certification to the Attorney Gen2 eral under clause (i)— 

3 ‘‘(I) not later than July 31 of 

4 each year, which shall address all rel5 evant records, including those that 

6 have not been transmitted to the At7 torney General, in possession of the 

8 department or agency during the pe9 riod beginning on January 1 of the 

10 year and ending on June 30 of the 

11 year; and 

12 ‘‘(II) not later than January 31 

13 of each year, which shall address all 

14 relevant records, including those that 

15 have not been transmitted to the At16 torney General, in possession of the 

17 department or agency during the pe18 riod beginning on July 1 of the pre19 vious year and ending on December 

20 31 of the previous year. 

21 ‘‘(iii) CONTENTS.—A certification re22 quired under clause (i) shall state, for the 

23 applicable period— 

24 ‘‘(I) the total number of records 

25 of the Federal department or agency 

March 21, 2018 (6:08 p.m.)
1984 

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1 demonstrating that a person falls 

2 within one of the categories described 

3 in subsection (g) or (n) of section 922 

4 of title 18, United States Code; 

5 ‘‘(II) for each category of records 

6 described in subclause (I), the total 

7 number of records of the Federal de8 partment or agency that have been 

9 provided to the Attorney General; and 

10 ‘‘(III) the efforts of the Federal 

11 department or agency to ensure com12 plete and accurate reporting of rel13 evant records, including efforts to 

14 monitor compliance and correct any 

15 reporting failures or inaccuracies. 

16 ‘‘(G) IMPLEMENTATION PLAN.— 

17 ‘‘(i) IN GENERAL.—Not later than 1 

18 year after the date of enactment of this 

19 subparagraph, the head of each Federal 

20 department or agency, in coordination with 

21 the Attorney General, shall establish a plan 

22 to ensure maximum coordination and auto23 mated reporting or making available of 

24 records to the Attorney General as re25 quired under subparagraph (C), and the 

March 21, 2018 (6:08 p.m.)
1985 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 verification of the accuracy of those 

2 records, including the pre-validation of 

3 those records, where appropriate, during a 

4 4-year period specified in the plan. The 

5 records shall be limited to those of an indi6 vidual described in subsection (g) or (n) of 

7 section 922 of title 18, United States 

8 Code. 

9 ‘‘(ii) BENCHMARK REQUIREMENTS.— 

10 Each plan established under clause (i) 

11 shall include annual benchmarks to enable 

12 the Attorney General to assess implemen13 tation of the plan, including— 

14 ‘‘(I) qualitative goals and quan15 titative measures; 

16 ‘‘(II) measures to monitor inter17 nal compliance, including any report18 ing failures and inaccuracies; 

19 ‘‘(III) a needs assessment, in20 cluding estimated compliance costs; 

21 and 

22 ‘‘(IV) an estimated date by which 

23 the Federal department or agency will 

24 fully comply with record submission 

25 requirements under subparagraph (C). 

March 21, 2018 (6:08 p.m.)
1986 

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1 ‘‘(iii) COMPLIANCE DETERMINA2 TION.—Not later than the end of each fis3 cal year beginning after the date of the es4 tablishment of a plan under clause (i), the 

5 Attorney General shall determine whether 

6 the applicable Federal department or agen7 cy has achieved substantial compliance 

8 with the benchmarks included in the plan. 

9 ‘‘(H) ACCOUNTABILITY.—The Attorney 

10 General shall publish, including on the website 

11 of the Department of Justice, and submit to the 

12 Committee on the Judiciary and the Committee 

13 on Appropriations of the Senate and the Com14 mittee on the Judiciary and the Committee on 

15 Appropriations of the House of Representatives 

16 a semiannual report that discloses— 

17 ‘‘(i) the name of each Federal depart18 ment or agency that has failed to submit 

19 a required certification under subpara20 graph (F); 

21 ‘‘(ii) the name of each Federal depart22 ment or agency that has submitted a re23 quired certification under subparagraph 

24 (F), but failed to certify compliance with 

March 21, 2018 (6:08 p.m.)
1987 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 the record submission requirements under 

2 subparagraph (C); 

3 ‘‘(iii) the name of each Federal de4 partment or agency that has failed to sub5 mit an implementation plan under sub6 paragraph (G); 

7 ‘‘(iv) the name of each Federal de8 partment or agency that is not in substan9 tial compliance with an implementation 

10 plan under subparagraph (G); 

11 ‘‘(v) a detailed summary of the data, 

12 broken down by department or agency, 

13 contained in the certifications submitted 

14 under subparagraph (F); 

15 ‘‘(vi) a detailed summary of the con16 tents and status, broken down by depart17 ment or agency, of the implementation 

18 plans established under subparagraph (G); 

19 and 

20 ‘‘(vii) the reasons for which the Attor21 ney General has determined that a Federal 

22 department or agency is not in substantial 

23 compliance with an implementation plan 

24 established under subparagraph (G). 

March 21, 2018 (6:08 p.m.)
1988 

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1 ‘‘(I) NONCOMPLIANCE PENALTIES.—For 

2 each of fiscal years 2019 through 2022, each 

3 political appointee of a Federal department or 

4 agency that has failed to certify compliance 

5 with the record submission requirements under 

6 subparagraph (C), and is not in substantial 

7 compliance with an implementation plan estab8 lished under subparagraph (G), shall not be eli9 gible for the receipt of bonus pay, excluding 

10 overtime pay, until the department or agency— 

11 ‘‘(i) certifies compliance with the 

12 record submission requirements under sub13 paragraph (C); or 

14 ‘‘(ii) achieves substantial compliance 

15 with an implementation plan established 

16 under subparagraph (G). 

17 ‘‘(J) TECHNICAL ASSISTANCE.—The Attor18 ney General may use funds made available for 

19 the national instant criminal background check 

20 system established under subsection (b) to pro21 vide technical assistance to a Federal depart22 ment or agency, at the request of the depart23 ment or agency, in order to help the depart24 ment or agency comply with the record submis25 sion requirements under subparagraph (C). 

March 21, 2018 (6:08 p.m.)
1989 

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1 ‘‘(K) APPLICATION TO FEDERAL

2 COURTS.—For purposes of this paragraph— 

3 ‘‘(i) the terms ‘department or agency 

4 of the United States’ and ‘Federal depart5 ment or agency’ include a Federal court; 

6 and 

7 ‘‘(ii) the Director of the Administra8 tive Office of the United States Courts 

9 shall perform, for a Federal court, the 

10 functions assigned to the head of a depart11 ment or agency.’’; and 

12 (2) in subsection (g), by adding at the end the 

13 following: ‘‘For purposes of the preceding sentence, 

14 not later than 60 days after the date on which the 

15 Attorney General receives such information, the At16 torney General shall determine whether or not the 

17 prospective transferee is the subject of an erroneous 

18 record and remove any records that are determined 

19 to be erroneous. In addition to any funds made 

20 available under subsection (k), the Attorney General 

21 may use such sums as are necessary and otherwise 

22 available for the salaries and expenses of the Federal 

23 Bureau of Investigation to comply with this sub24 section.’’. 

March 21, 2018 (6:08 p.m.)
1990 

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1 SEC. 603. REAUTHORIZATION OF NICS ACT RECORD IM2 PROVEMENT PROGRAM. 

3 (a) REQUIREMENTS TO OBTAIN WAIVER.—Section 

4 102 of the NICS Improvement Amendments Act of 2007 

5 (34 U.S.C. 40912) is amended— 

6 (1) in subsection (a), in the first sentence— 

7 (A) by striking ‘‘the Crime Identification 

8 Technology Act of 1988 (42 U.S.C. 14601)’’ 

9 and inserting ‘‘section 102 of the Crime Identi10 fication Technology Act of 1998 (34 U.S.C. 

11 40301)’’; and 

12 (B) by inserting ‘‘is in compliance with an 

13 implementation plan established under sub14 section (b) or’’ before ‘‘provides at least 90 per15 cent of the information described in subsection 

16 (c)’’; and 

17 (2) in subsection (b)(1)(B), by inserting ‘‘or 

18 has established an implementation plan under sec19 tion 107’’ after ‘‘the Attorney General’’. 

20 (b) IMPLEMENTATION ASSISTANCE TO STATES.— 

21 Section 103 of the NICS Improvement Amendments Act 

22 of 2007 (34 U.S.C. 40913) is amended— 

23 (1) in subsection (b)(3), by inserting before the 

24 semicolon at the end the following: ‘‘, including 

25 through increased efforts to pre-validate the contents 

March 21, 2018 (6:08 p.m.)
1991 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 of those records to expedite eligibility determina2 tions’’; 

3 (2) in subsection (e)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘and’’; and 

6 (ii) by inserting before the period at 

7 the end the following: ‘‘, and $125,000,000 

8 for each of fiscal years 2018 through 

9 2022’’; and 

10 (B) by striking paragraph (2) and insert11 ing the following— 

12 ‘‘(2) DOMESTIC ABUSE AND VIOLENCE PREVEN13 TION INITIATIVE.— 

14 ‘‘(A) ESTABLISHMENT.—For each of fiscal 

15 years 2018 through 2022, the Attorney General 

16 shall create a priority area under the NICS Act 

17 Record Improvement Program (commonly 

18 known as ‘NARIP’) for a Domestic Abuse and 

19 Violence Prevention Initiative that emphasizes 

20 the need for grantees to identify and upload all 

21 felony conviction records and domestic violence 

22 records. 

23 ‘‘(B) FUNDING.—The Attorney General— 

24 ‘‘(i) may use not more than 50 per25 cent of the amounts made available under 

March 21, 2018 (6:08 p.m.)
1992 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 this subsection for each of fiscal years 

2 2018 through 2022 to carry out the initia3 tive described in subparagraph (A); and 

4 ‘‘(ii) shall give a funding preference 

5 under NARIP to States that— 

6 ‘‘(I) have established an imple7 mentation plan under section 107; 

8 and 

9 ‘‘(II) will use amounts made 

10 available under this subparagraph to 

11 improve efforts to identify and upload 

12 all felony conviction records and do13 mestic violence records described in 

14 clauses (i), (v), and (vi) of section 

15 102(b)(1)(C) by not later than Sep16 tember 30, 2022.’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(g) TECHNICAL ASSISTANCE.—The Attorney Gen19 eral shall direct the Office of Justice Programs, the Bu20 reau of Alcohol, Tobacco, Firearms, and Explosives, and 

21 the Federal Bureau of Investigation to— 

22 ‘‘(1) assist States that are not currently eligible 

23 for grants under this section to achieve compliance 

24 with all eligibility requirements; and 

March 21, 2018 (6:08 p.m.)
1993 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ‘‘(2) provide technical assistance and training 

2 services to grantees under this section.’’. 

3 SEC. 604. REAUTHORIZATION OF THE NATIONAL CRIMINAL 

4 HISTORY IMPROVEMENT PROGRAM. 

5 (a) STATE GRANT PROGRAM FOR CRIMINAL JUSTICE

6 IDENTIFICATION, INFORMATION, AND COMMUNICA7 TION.—Section 102 of the Crime Identification Tech8 nology Act of 1998 (34 U.S.C. 40301) is amended— 

9 (1) in subsection (a)(3)— 

10 (A) by redesignating subparagraphs (C), 

11 (D), and (E) as subparagraphs (D), (E), and 

12 (F), respectively; and 

13 (B) by inserting after subparagraph (B) 

14 the following: 

15 ‘‘(C) identification of all individuals who 

16 have been convicted of a crime punishable by 

17 imprisonment for a term exceeding 1 year’’; 

18 (2) in subsection (b)(6)— 

19 (A) by striking ‘‘(18 U.S.C. 922 note)’’ 

20 and inserting ‘‘(34 U.S.C. 40901(b))’’; and 

21 (B) by inserting before the semicolon at 

22 the end the following: ‘‘, including through in23 creased efforts to pre-validate the contents of 

24 felony conviction records and domestic violence 

25 records to expedite eligibility determinations, 

March 21, 2018 (6:08 p.m.)
1994 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 and measures and resources necessary to estab2 lish and achieve compliance with an implemen3 tation plan under section 107 of the NICS Im4 provement Amendments Act of 2007’’; 

5 (3) in subsection (d), by inserting after ‘‘un6 less’’ the following: ‘‘the State has achieved compli7 ance with an implementation plan under section 107 

8 of the NICS Improvement Amendments Act of 2007 

9 or’’; and 

10 (4) in subsection (e)(1), by striking ‘‘2002 

11 through 2007’’ and inserting ‘‘2018 through 2022’’. 

12 (b) GRANTS FOR THE IMPROVEMENT OF CRIMINAL

13 RECORDS.—Section 106(b)(1) of the Brady Handgun Vio14 lence Prevention Act (34 U.S.C. 40302(1)) is amended— 

15 (1) in the matter preceding subparagraph (A)— 

16 (A) by striking ‘‘as of the date of enact17 ment of this Act’’ and inserting ‘‘, as of the 

18 date of enactment of the Fix NICS Act of 

19 2018,’’; and 

20 (B) by striking ‘‘files,’’ and inserting the 

21 following: ‘‘files and that will utilize funding 

22 under this subsection to prioritize the identifica23 tion and transmittal of felony conviction records 

24 and domestic violence records,’’; 

March 21, 2018 (6:08 p.m.)
1995 

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1 (2) in subparagraph (B), by striking ‘‘and’’ at 

2 the end; 

3 (3) in subparagraph (C)— 

4 (A) by striking ‘‘upon establishment of the 

5 national system,’’; and 

6 (B) by striking the period at the end and 

7 inserting ‘‘; and’’; and 

8 (4) by adding at the end the following— 

9 ‘‘(D) to establish and achieve compliance 

10 with an implementation plan under section 107 

11 of the NICS Improvement Amendments Act of 

12 2007.’’. 

13 SEC. 605. IMPROVING INFORMATION SHARING WITH THE 

14 STATES. 

15 (a) IN GENERAL.—Title I of the NICS Improvement 

16 Amendments Act of 2007 (34 U.S. 40911 et seq.) is 

17 amended by adding at the end the following: 

18 ‘‘SEC. 107. IMPLEMENTATION PLAN. 

19 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

20 date of enactment of the Fix NICS Act of 2018, the Attor21 ney General, in coordination with the States and Indian 

22 tribal governments, shall establish, for each State or In23 dian tribal government, a plan to ensure maximum coordi24 nation and automation of the reporting or making avail25 able of appropriate records to the National Instant CrimiMarch 21, 2018 (6:08 p.m.)
1996 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 nal Background Check System established under section 

2 103 of the Brady Handgun Violence Prevention Act (34 

3 U.S.C. 40901) and the verification of the accuracy of 

4 those records during a 4-year period specified in the plan. 

5 The records shall be limited to those of an individual de6 scribed in subsection (g) or (n) of section 922 of title 18, 

7 United States Code 

8 ‘‘(b) BENCHMARK REQUIREMENTS.—Each plan es9 tablished under this section shall include annual bench10 marks to enable the Attorney General to assess the imple11 mentation of the plan, including— 

12 ‘‘(1) qualitative goals and quantitative meas13 ures; and 

14 ‘‘(2) a needs assessment, including estimated 

15 compliance costs. 

16 ‘‘(c) COMPLIANCE DETERMINATION.—Not later than 

17 the end of each fiscal year beginning after the date of the 

18 establishment of an implementation plan under this sec19 tion, the Attorney General shall determine whether each 

20 State or Indian tribal government has achieved substantial 

21 compliance with the benchmarks included in the plan. 

22 ‘‘(d) ACCOUNTABILITY.—The Attorney General— 

23 ‘‘(1) shall disclose and publish, including on the 

24 website of the Department of Justice— 

March 21, 2018 (6:08 p.m.)
1997 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ‘‘(A) the name of each State or Indian 

2 tribal government that received a determination 

3 of failure to achieve substantial compliance with 

4 an implementation plan under subsection (c) for 

5 the preceding fiscal year; and 

6 ‘‘(B) a description of the reasons for which 

7 the Attorney General has determined that the 

8 State or Indian tribal government is not in sub9 stantial compliance with the implementation 

10 plan, including, to the greatest extent possible, 

11 a description of the types and amounts of 

12 records that have not been submitted; and 

13 ‘‘(2) if a State or Indian tribal government de14 scribed in paragraph (1) subsequently receives a de15 termination of substantial compliance, shall— 

16 ‘‘(A) immediately correct the applicable 

17 record; and 

18 ‘‘(B) not later than 3 days after the deter19 mination, remove the record from the website of 

20 the Department of Justice and any other loca21 tion where the record was published. 

22 ‘‘(e) INCENTIVES.—For each of fiscal years 2018 

23 through 2022, the Attorney General shall give affirmative 

24 preference to all Bureau of Justice Assistance discre25 tionary grant applications of a State or Indian tribal govMarch 21, 2018 (6:08 p.m.)
1998 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 ernment that received a determination of substantial com2 pliance under subsection (c) for the fiscal year in which 

3 the grant was solicited.’’. 

4 (b) TABLE OF CONTENTS.—The table of contents in 

5 section 1(b) of the NICS Improvement Amendments Act 

6 of 2007 (Public Law 110–180; 121 Stat. 2559) is amend7 ed by inserting after the item relating to section 106 the 

8 following: 

‘‘Sec. 107. Implementation plan.’’. 

9 TITLE VII—STATE SEXUAL RISK 

10 AVOIDANCE EDUCATION PRO11 GRAM 

12 SEC. 701. FULL PAYMENT BY SECRETARY FOR STATE SEX13 UAL RISK AVOIDANCE EDUCATION PROGRAM. 

14 (a) IN GENERAL.—Paragraph (1) of section 510(d) 

15 of the Social Security Act (42 U.S.C. 710(d)) is amended 

16 by inserting before the period at the end the following: 

17 ‘‘, except that section 503(a) shall be applied by sub18 stituting ‘the total of the sums’ for ‘four-sevenths of the 

19 total of the sums’ ’’. 

20 (b) TECHNICAL CORRECTIONS.—Section 

21 510(a)(1)(A) of the Social Security Act (42 U.S.C. 

22 710(a)(1)(A)) is amended— 

23 (1) by striking ‘‘subsection (e)(1)’’ and insert24 ing ‘‘subsection (f)(1)’’; and 

March 21, 2018 (6:08 p.m.)
1999 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 (2) by striking ‘‘subsection (e)(2)’’ and insert2 ing ‘‘subsection (f)(2)’’. 

3 TITLE VIII—SMALL BUSINESS 

4 CREDIT AVAILABILITY ACT 

5 SEC. 801. SHORT TITLE. 

6 This title may be cited as the ‘‘Small Business Credit 

7 Availability Act’’. 

8 SEC. 802. EXPANDING ACCESS TO CAPITAL FOR BUSINESS 

9 DEVELOPMENT COMPANIES. 

10 (a) IN GENERAL.—Section 61(a) of the Investment 

11 Company Act of 1940 (15 U.S.C. 80a–60(a)) is amend12 ed— 

13 (1) by redesignating paragraphs (2) through 

14 (4) as paragraphs (3) through (5), respectively; and 

15 (2) by striking paragraph (1) and inserting the 

16 following: 

17 ‘‘(1) Except as provided in paragraph (2), the 

18 asset coverage requirements of subparagraphs (A) 

19 and (B) of section 18(a)(1) (and any related rule 

20 promulgated under this Act) applicable to business 

21 development companies shall be 200 percent. 

22 ‘‘(2) The asset coverage requirements of sub23 paragraphs (A) and (B) of section 18(a)(1) and of 

24 subparagraphs (A) and (B) of section 18(a)(2) (and 

25 any related rule promulgated under this Act) appliMarch 21, 2018 (6:08 p.m.)
2000 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 cable to a business development company shall be 

2 150 percent if— 

3 ‘‘(A) not later than 5 business days after 

4 the date on which those asset coverage require5 ments are approved under subparagraph (D) of 

6 this paragraph, the business development com7 pany discloses that the requirements were ap8 proved, and the effective date of the approval, 

9 in— 

10 ‘‘(i) any filing submitted to the Com11 mission under section 13(a) or 15(d) of the 

12 Securities Exchange Act of 1934 (15 

13 U.S.C. 78m(a); 78o(d)); and 

14 ‘‘(ii) a notice on the website of the 

15 business development company; 

16 ‘‘(B) the business development company 

17 discloses, in each periodic filing required under 

18 section 13(a) of the Securities Exchange Act of 

19 1934 (15 U.S.C. 78m(a))— 

20 ‘‘(i) the aggregate outstanding prin21 cipal amount or liquidation preference, as 

22 applicable, of the senior securities issued 

23 by the business development company and 

24 the asset coverage percentage as of the 

25 date of the business development comMarch 21, 2018 (6:08 p.m.)
2001 

U:\2018REPT\OMNI\Final\RCP—FM.xml 

1 pany’s most recent financial statements in2 cluded in that filing; 

3 ‘‘(ii) that the business development 

4 company, under subparagraph (D), has ap5 proved the asset coverage requirements 

6 under this paragraph; and 

7 ‘‘(iii) the effective date of the approval 

8 described in clause (ii); 

9 ‘‘(C) with respect to a business develop10 ment company that is an issuer of common eq11 uity securities, each periodic filing of the com12 pany required under section 13(a) of the Secu13 rities Exchange Act of 1934 (15 U.S.C. 

14 78m(a)) includes disclosures that are reason15 ably designed to ensure that shareholders are 

16 informed of— 

17 ‘‘(i) the amount of senior securities 

18 (and the associated asset coverage ratios) 

19 of the company, determined as of the date 

20 of the most recent financial statements of 

21 the company included in that filing; and 

22 ‘‘(ii) the principal risk factors associ23 ated with the senior securities described in 

24 clause (i), to the extent that risk is in25 curred by the company; and 

March 21, 2018 (6:08 p.m.)
2002 

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1 ‘‘(D) the company— 

2 ‘‘(i)(I) through a vote of the required 

3 majority (as defined in section 57(o)), ap4 proves the application of this paragraph to 

5 the company, to become effective on the 

6 date that is 1 year after the date of the 

7 approval; or 

8 ‘‘(II) obtains, at a special or annual 

9 meeting of shareholders or partners at 

10 which a quorum is present, the approval of 

11 more than 50 percent of the votes cast for 

12 the application of this paragraph to the 

13 company, to become effective on the first 

14 day after the date of the approval; and 

15 ‘‘(ii) if the company is not an issuer 

16 of common equity securities that are listed 

17 on a national securities exchange, extends, 

18 to each person that is a shareholder as of 

19 the date of an approval described in sub20 clause (I) or (II) of clause (i), as applica21 ble, the opportunity (which may include a 

22 tender offer) to sell the securities held by 

23 that shareholder as of that applicable ap24 proval date, with 25 percent of those secu25 rities to be repurchased in each of the 4 

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1 calendar quarters following the calendar 

2 quarter in which that applicable approval 

3 date takes place.’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) INVESTMENT ADVISERS ACT OF 1940.—Sec6 tion 205(b)(3) of the Investment Advisers Act of 

7 1940 (15 U.S.C. 80b–5(b)(3)) is amended— 

8 (A) by striking ‘‘section 61(a)(3)(B)(iii)’’ 

9 and inserting ‘‘section 61(a)(4)(B)(iii)’’; and 

10 (B) by striking ‘‘section 61(a)(3)(B)’’ and 

11 inserting ‘‘section 61(a)(4)(B)’’. 

12 (2) INVESTMENT COMPANY ACT OF 1940.—The 

13 Investment Company Act of 1940 (15 U.S.C. 80a– 

14 1 et seq.) is amended— 

15 (A) in section 57 (15 U.S.C. 80a–56)— 

16 (i) in subsection (j)(1), by striking 

17 ‘‘section 61(a)(3)(B)’’ and inserting ‘‘sec18 tion 61(a)(4)(B)’’; and 

19 (ii) in subsection (n)(2), by striking 

20 ‘‘section 61(a)(3)(B)’’ and inserting ‘‘sec21 tion 61(a)(4)(B)’’; and 

22 (B) in section 63(3) (15 U.S.C. 80a– 

23 62(3)), by striking ‘‘section 61(a)(3)’’ and in24 serting ‘‘section 61(a)(4)’’. 

March 21, 2018 (6:08 p.m.)
2004 

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1 SEC. 803. PARITY FOR BUSINESS DEVELOPMENT COMPA2 NIES REGARDING OFFERING AND PROXY 

3 RULES. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘business development company’’ 

6 has the meaning given the term in section 2(a) of 

7 the Investment Company Act of 1940 (15 U.S.C. 

8 80a–2(a)); 

9 (2) the term ‘‘Commission’’ means the Securi10 ties and Exchange Commission; 

11 (3) the term ‘‘Form N–2’’ means the form de12 scribed in section 239.14 of title 17, Code of Federal 

13 Regulations; 

14 (4) the term ‘‘Form S–3’’ means the form de15 scribed in section 239.13 of title 17, Code of Federal 

16 Regulations; and 

17 (5) the term ‘‘Schedule 14A’’ means the infor18 mation required under section 240.14a–101 of title 

19 17, Code of Federal Regulations. 

20 (b) REVISION TO RULES.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this Act, the Commission 

23 shall make the revisions described in paragraph (2) 

24 to allow a business development company that has 

25 filed an election under section 54 of the Investment 

26 Company Act of 1940 (15 U.S.C. 80a–53) to use 

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2005 

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1 the securities offering and proxy rules that are avail2 able to other issuers that are required to file reports 

3 under section 13(a) or section 15(d) of the Securi4 ties Exchange Act of 1934 (15 U.S.C. 78m(a); 

5 78o(d)). 

6 (2) REQUIRED REVISIONS.—The revisions de7 scribed in this paragraph are revisions to— 

8 (A) section 230.405 of title 17, Code of 

9 Federal Regulations— 

10 (i) to remove the exclusion of a busi11 ness development company from the defini12 tion of the term ‘‘well-known seasoned 

13 issuer’’ under that section; and 

14 (ii) to add a registration statement 

15 filed on Form N–2 to the definition of the 

16 term ‘‘automatic shelf registration state17 ment’’ under that section; 

18 (B) sections 230.168 and 230.169 of title 

19 17, Code of Federal Regulations, to remove the 

20 exclusion of a business development company 

21 from an issuer that is eligible for the exemp22 tions under those sections; 

23 (C) section 230.163 of title 17, Code of 

24 Federal Regulations, to remove a business de25 velopment company from the list of issuers that 

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1 are ineligible for the exemption under that sec2 tion; 

3 (D) section 230.163A of title 17, Code of 

4 Federal Regulations, to remove the communica5 tions made by a business development company 

6 from the list of communications that are ineli7 gible for the exemption under that section; 

8 (E) section 230.134 of title 17, Code of 

9 Federal Regulations, to remove the exclusion of 

10 a communication relating to a business develop11 ment company from the application of that sec12 tion; 

13 (F) sections 230.138 and 230.139 of title 

14 17, Code of Federal Regulations, to specifically 

15 include a business development company as an 

16 issuer to which those sections apply; 

17 (G) section 230.156 of title 17, Code of 

18 Federal Regulations, to provide that nothing in 

19 that section may be construed to prevent a 

20 business development company from qualifying 

21 for an exemption under section 230.168 or 

22 230.169 of title 17, Code of Federal Regula23 tions, as amended by the Commission in accord24 ance with the requirements of this section; 

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1 (H) section 230.164 of title 17, Code of 

2 Federal Regulations, to remove a business de3 velopment company from the list of issuers that 

4 are excluded under that section; 

5 (I) section 230.433 of title 17, Code of 

6 Federal Regulations, to specifically include a 

7 business development company that is a well8 known seasoned issuer as an issuer to which 

9 that section applies; 

10 (J) section 230.415 of title 17, Code of 

11 Federal Regulations to state that the registra12 tion for securities under section 

13 230.415(a)(1)(x) of title 17, Code of Federal 

14 Regulations, includes securities registered on 

15 Form N–2 by a business development company 

16 that would otherwise meet the eligibility re17 quirements of Form S–3; 

18 (K) section 230.497 of title 17, Code of 

19 Federal Regulations, to include a process for a 

20 business development company to file a form of 

21 prospectus in the same manner as the process 

22 for filing a form of prospectus under section 

23 230.424(b) of title 17, Code of Federal Regula24 tions; 

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1 (L) sections 230.172 and 230.173 of title 

2 17, Code of Federal Regulations, to remove the 

3 exclusion of an offering of a business develop4 ment company from the application of those 

5 sections; 

6 (M) section 230.418 of title 17, Code of 

7 Federal Regulations, to provide that a business 

8 development company that would otherwise 

9 meet the eligibility requirements of Form S–3 

10 shall be exempt from paragraph (a)(3) of that 

11 section; 

12 (N) Schedule 14A to revise item 13(b)(1) 

13 of that Schedule to include a business develop14 ment company that would otherwise meet the 

15 requirements of note E of that Schedule as an 

16 issuer to which that item applies; 

17 (O) section 243.103 of title 17, Code of 

18 Federal Regulations, to provide that paragraph 

19 (a) of that section applies for the purposes of 

20 Form N–2; and 

21 (P) item 34 on Form N–2 to require a 

22 business development company to provide un23 dertakings that are no more restrictive than the 

24 undertakings that are required of a registrant 

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1 under section 229.512 of title 17, Code of Fed2 eral Regulations. 

3 (c) REVISION TO FORM N–2.—Not later than 1 year 

4 after the date of enactment of this Act, the Commission 

5 shall revise Form N–2— 

6 (1) to include an item or instruction that is 

7 similar to item 12 on Form S–3 to provide that a 

8 business development company that would otherwise 

9 meet the requirements of Form S–3 shall incor10 porate by reference the reports and documents filed 

11 by the business development company under the Se12 curities Exchange Act of 1934 (15 U.S.C. 78a et 

13 seq.) into the registration statement of the business 

14 development company filed on Form N–2; and 

15 (2) to include an item or instruction that is 

16 similar to the instruction regarding automatic shelf 

17 offerings by well-known seasoned issuers on Form 

18 S–3 to provide that a business development company 

19 that is a well-known seasoned issuer may file auto20 matic shelf offerings on Form N–2. 

21 (d) TREATMENT IF REVISIONS NOT COMPLETED IN

22 TIMELY MANNER.—If the Commission fails to complete 

23 the revisions required under subsections (b) and (c) by the 

24 dates described in those subsections, a business develop25 ment company, during the period beginning on the date 

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1 that is 1 day after 1 year after the date of enactment of 

2 this Act and ending on the date that the Commission com3 pletes those revisions, may deem those revisions to have 

4 been completed in accordance with the actions required to 

5 be taken by the Commission under those subsections. 

6 (e) RULES OF CONSTRUCTION.— 

7 (1) TREATMENT OF SUCCESSOR REGULATIONS

8 AND FORMS.—Any reference in this section to a reg9 ulation or form shall be construed as a reference 

10 to— 

11 (A) that regulation or form, as in effect on 

12 the day before the date of enactment of this 

13 Act; or 

14 (B) any successor to that regulation or 

15 form. 

16 (2) DISTRIBUTION OF SALES MATERIAL.— 

17 Nothing in this section, or in the amendments made 

18 pursuant to the requirements of this section, may be 

19 construed to prevent a business development com20 pany from distributing sales material under section 

21 230.482 of title 17, Code of Federal Regulations. 

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1 TITLE IX—SMALL BUSINESS AC2 CESS TO CAPITAL AFTER A 

3 NATURAL DISASTER ACT 

4 SEC. 901. SHORT TITLE. 

5 This title may be cited as the ‘‘Small Business Access 

6 to Capital After a Natural Disaster Act’’. 

7 SEC. 902. EXPANDING ACCESS TO CAPITAL FOR SMALL 

8 BUSINESSES IMPACTED BY A NATURAL DIS9 ASTER. 

10 Section 4 of the Securities Exchange Act of 1934 (15 

11 U.S.C. 78d) is amended— 

12 (1) in subsection (j)(4)(C), by striking ‘‘minor13 ity-owned and women-owned small businesses’’ and 

14 inserting ‘‘minority-owned small businesses, women15 owned small businesses, and small businesses af16 fected by hurricanes or other natural disasters’’; and 

17 (2) in subsection (j)(6)(B)(iii), by striking ‘‘mi18 nority-owned and women-owned small businesses’’ 

19 and inserting ‘‘minority-owned small businesses, 

20 women-owned small businesses, and small businesses 

21 affected by hurricanes or other natural disasters’’. 

22 TITLE X—TAYLOR FORCE ACT 

23 SEC. 1001. SHORT TITLE. 

24 This title may be cited as the ‘‘Taylor Force Act’’. 

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1 SEC. 1002. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The Palestinian Authority’s practice of pay4 ing salaries to terrorists serving in Israeli prisons, as 

5 well as to the families of deceased terrorists, is an 

6 incentive to commit acts of terror. 

7 (2) The United States does not provide direct 

8 budgetary support to the Palestinian Authority. The 

9 United States does pay certain debts held by the 

10 Palestinian Authority and funds programs for which 

11 the Palestinian Authority would otherwise be respon12 sible. 

13 (3) The United States Government supports 

14 community-based programs in the West Bank and 

15 Gaza that provide for basic human needs, such as 

16 food, water, health, shelter, protection, education, 

17 and livelihoods, and that promote peace and develop18 ment. 

19 (4) Since fiscal year 2015, annual appropria20 tions legislation has mandated the reduction of Eco21 nomic Support Fund aid for the Palestinian Author22 ity as a result of their payments for acts of ter23 rorism including, in fiscal year 2017, a reduction 

24 ‘‘by an amount the Secretary determines is equiva25 lent to the amount expended by the Palestinian Au26 thority, the Palestine Liberation Organization, and 

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1 any successor or affiliated organizations with such 

2 entities as payments for acts of terrorism by individ3 uals who are imprisoned after being fairly tried and 

4 convicted for acts of terrorism and by individuals 

5 who died committing acts of terrorism during the 

6 previous calendar year’’. 

7 SEC. 1003. SENSE OF CONGRESS. 

8 Congress— 

9 (1) calls on the Palestinian Authority, the Pal10 estine Liberation Organization, and any successor or 

11 affiliated organizations to stop payments for acts of 

12 terrorism by individuals who are imprisoned after 

13 being fairly tried and convicted for acts of terrorism 

14 and by individuals who died committing acts of ter15 rorism and to repeal the laws authorizing such pay16 ments; 

17 (2) calls on all donor countries providing budg18 etary assistance to the Palestinian Authority to 

19 cease direct budgetary support until the Palestinian 

20 Authority stops all payments incentivizing terror; 

21 (3) urges the Palestinian Authority to develop 

22 programs to provide essential public services and 

23 support to any individual in need within its jurisdic24 tional control, rather than to provide payments con25 tingent on perpetrating acts of violence; 

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1 (4) urges the United States Permanent Rep2 resentative to the United Nations to use the voice, 

3 vote, and influence of the United States at the 

4 United Nations to highlight the issue of Palestinian 

5 Authority payments for acts of terrorism and to 

6 urge other Member States to apply pressure upon 

7 the Palestinian Authority to immediately cease such 

8 payments; and 

9 (5) urges the Department of State to use its bi10 lateral and multilateral engagements with all govern11 ments and organizations committed to the cause of 

12 peace between Israel and the Palestinians to high13 light the issue of Palestinian Authority payments for 

14 acts of terrorism and to urge such governments and 

15 organizations to join the United States in calling on 

16 the Palestinian Authority to immediately cease such 

17 payments. 

18 SEC. 1004. LIMITATION ON ASSISTANCE TO THE WEST BANK 

19 AND GAZA. 

20 (a) LIMITATION.— 

21 (1) IN GENERAL.—Funds authorized to be ap22 propriated or otherwise made available for assistance 

23 under chapter 4 of part II of the Foreign Assistance 

24 Act of 1961 (22 U.S.C. 2346 et seq.; relating to 

25 Economic Support Fund) and available for assistMarch 21, 2018 (6:08 p.m.)
2015 

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1 ance for the West Bank and Gaza that directly bene2 fits the Palestinian Authority may only be made 

3 available for such purpose if, except as provided in 

4 subsection (d), not later than 30 days after the date 

5 of the enactment of this Act, and every 180 days 

6 thereafter, the Secretary of State certifies in writing 

7 to the appropriate congressional committees that the 

8 Palestinian Authority, the Palestine Liberation Or9 ganization, and any successor or affiliated organiza10 tions— 

11 (A) are taking credible steps to end acts of 

12 violence against Israeli citizens and United 

13 States citizens that are perpetrated or materi14 ally assisted by individuals under their jurisdic15 tional control, such as the March 2016 attack 

16 that killed former United States Army officer 

17 Taylor Force, a veteran of the wars in Iraq and 

18 Afghanistan; 

19 (B) have terminated payments for acts of 

20 terrorism against Israeli citizens and United 

21 States citizens to any individual, after being 

22 fairly tried, who has been imprisoned for such 

23 acts of terrorism and to any individual who died 

24 committing such acts of terrorism, including to 

25 a family member of such individuals; 

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1 (C) have revoked any law, decree, regula2 tion, or document authorizing or implementing 

3 a system of compensation for imprisoned indi4 viduals that uses the sentence or period of in5 carceration of an individual imprisoned for an 

6 act of terrorism to determine the level of com7 pensation paid, or have taken comparable ac8 tion that has the effect of invalidating any such 

9 law, decree, regulation, or document; and 

10 (D) are publicly condemning such acts of 

11 violence and are taking steps to investigate or 

12 are cooperating in investigations of such acts to 

13 bring the perpetrators to justice. 

14 (2) ADDITIONAL CERTIFICATION REQUIRE15 MENT.—The Secretary of State shall include in the 

16 certification required under paragraph (1) the defi17 nition of ‘‘acts of terrorism’’ that the Secretary used 

18 for purposes of making the determination in sub19 paragraph (B) of such paragraph. 

20 (b) EXCEPTION.— 

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

22 the limitation on assistance under subsection (a) 

23 shall not apply to— 

24 (A) payments made to the East Jerusalem 

25 Hospital Network; 

March 21, 2018 (6:08 p.m.)
2017 

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1 (B) assistance for wastewater projects not 

2 exceeding $5,000,000 in any one fiscal year; 

3 and 

4 (C) assistance for any other program, 

5 project, or activity that provides vaccinations to 

6 children not exceeding $500,000 in any one fis7 cal year. 

8 (2) NOTIFICATION.—The Secretary of State 

9 shall notify in writing the appropriate congressional 

10 committees not later than 15 days prior to making 

11 funds available for assistance under subparagraph 

12 (A), (B), or (C) of paragraph (1). 

13 (c) RULE OF CONSTRUCTION.—Funds withheld pur14 suant to this section— 

15 (1) shall be deemed to satisfy any similar with16 holding or reduction required under any other provi17 sion of law relating to the Palestinian Authority’s 

18 payments for acts of terrorism; and 

19 (2) shall be in an amount that is not less than 

20 the total amount required by such other provision of 

21 law. 

22 (d) INITIAL USE AND DISPOSITION OF WITHHELD

23 FUNDS.— 

24 (1) PERIOD OF AVAILABILITY.—Funds withheld 

25 pursuant to this section are authorized to remain 

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2018 

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1 available for an additional 2 years from the date on 

2 which the availability of such funds would otherwise 

3 have expired. 

4 (2) USE OF FUNDS.—Funds withheld pursuant 

5 to this section may be made available for assistance 

6 for the West Bank and Gaza that directly benefits 

7 the Palestinian Authority upon a certification by the 

8 Secretary of State that the Palestinian Authority, 

9 the Palestine Liberation Organization, and any suc10 cessor or affiliated organizations have met the condi11 tions set forth in subsection (a). Except as provided 

12 in paragraph (3), such funds may not be made avail13 able for any purpose other than for assistance for 

14 the West Bank and Gaza that directly benefits the 

15 Palestinian Authority. 

16 (3) DISPOSITION OF UNUSED FUNDS.—Begin17 ning on the date that is 180 days after the last day 

18 on which the initial availability of funds withheld 

19 pursuant to this section would otherwise have ex20 pired, such funds are authorized to be made avail21 able to the Department of State for assistance under 

22 chapter 4 of part II of the Foreign Assistance Act 

23 of 1961 (22 U.S.C. 2346 et seq.; relating to Eco24 nomic Support Fund) in the following manner— 

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2019 

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1 (A) 50 percent for purposes of assistance 

2 other than that deemed benefiting the Pales3 tinian Authority; and 

4 (B) 50 percent for purposes other than as5 sistance for the West Bank and Gaza. 

6 (e) REPORT.— 

7 (1) IN GENERAL.—If the Secretary of State is 

8 unable to certify in writing to the appropriate con9 gressional committees that the Palestinian Author10 ity, the Palestine Liberation Organization, and any 

11 successor or affiliated organizations have met the 

12 conditions described in subsection (a), the Secretary 

13 shall, not later than 15 days after the date on which 

14 the Secretary is unable to make such certification, 

15 submit to the appropriate congressional committees 

16 a report that contains the following: 

17 (A) The reasons why the Secretary was 

18 unable to certify in writing that such organiza19 tions have met such requirements. 

20 (B) The definition of ‘‘acts of terrorism’’ 

21 that the Secretary used for purposes of making 

22 the determination in subparagraph (B) of sub23 section (a)(1). 

24 (C) The total amount of funds to be with25 held. 

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2020 

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1 (2) FORM.—The report required by this sub2 section shall be submitted in unclassified form but 

3 may include a classified annex. 

4 (f) LIST OF CRITERIA.— 

5 (1) IN GENERAL.—Not later than 15 days after 

6 the date of the enactment of this Act, the Secretary 

7 of State shall submit to the appropriate congres8 sional committees a list of the criteria that the Sec9 retary uses to determine whether assistance for the 

10 West Bank and Gaza is assistance that directly ben11 efits the Palestinian Authority for purposes of car12 rying out this section. 

13 (2) UPDATE.—The Secretary of State shall 

14 submit to the appropriate congressional committees 

15 an updated list under paragraph (1) not later than 

16 15 days after the date on which the Secretary makes 

17 any modification to the list. 

18 SEC. 1005. INITIAL REPORT. 

19 (a) IN GENERAL.—Not later than 60 days after the 

20 date of the enactment of this Act, the Secretary of State 

21 shall submit to the appropriate congressional committees 

22 a report describing those programs, projects, and activities 

23 funded by the United States Government that have been 

24 or will be suspended by reason of withholding of funds 

25 under section 1004. 

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2021 

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1 (b) FORM.—The report required by subsection (a) 

2 shall be submitted in unclassified form but may include 

3 a classified annex. 

4 SEC. 1006. ANNUAL REPORT. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, and annually thereafter 

7 for 6 years, the Secretary of State shall submit to the ap8 propriate congressional committees a report including at 

9 a minimum the following elements: 

10 (1) An estimate of the amount expended by the 

11 Palestinian Authority, the Palestine Liberation Or12 ganization, and any successor or affiliated organiza13 tions during the previous calendar year as payments 

14 for acts of terrorism by individuals who are impris15 oned for such acts. 

16 (2) An estimate of the amount expended by the 

17 Palestinian Authority, the Palestine Liberation Or18 ganization, and any successor or affiliated organiza19 tions during the previous calendar year as payments 

20 to the families of deceased individuals who com21 mitted an act of terrorism. 

22 (3) An overview of Palestinian laws, decrees, 

23 regulations, or documents in effect the previous cal24 endar year that authorize or implement any pay25 ments reported under paragraphs (1) and (2). 

March 21, 2018 (6:08 p.m.)
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1 (4) A description of United States Government 

2 policy, efforts, and engagement with the Palestinian 

3 Authority in order to confirm the revocation of any 

4 law, decree, regulation, or document in effect the 

5 previous calendar year that authorizes or implements 

6 any payments reported under paragraphs (1) and 

7 (2). 

8 (5) A description of United States Government 

9 policy, efforts, and engagement with other govern10 ments, and at the United Nations, to highlight the 

11 issue of Palestinian payments for acts of terrorism 

12 and to urge other nations to join the United States 

13 in calling on the Palestinian Authority to imme14 diately cease such payments. 

15 (b) FORM OF REPORT.—The report required by sub16 section (a) shall be submitted in unclassified form but may 

17 include a classified annex. 

18 SEC. 1007. APPROPRIATE CONGRESSIONAL COMMITTEES 

19 DEFINED. 

20 In this title, the term ‘‘appropriate congressional 

21 committees’’ means— 

22 (1) the Committee on Appropriations and the 

23 Committee on Foreign Affairs of the House of Rep24 resentatives; and 

March 21, 2018 (6:08 p.m.)
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1 (2) the Committee on Appropriations and the 

2 Committee on Foreign Relations of the Senate. 

3 TITLE XI—FARM ACT 

4 SEC. 1101. SHORT TITLE. 

5 This title may be cited as the ‘‘Fair Agricultural Re6 porting Method Act’’ or the ‘‘FARM Act’’. 

7 SEC. 1102. EXEMPTIONS FROM CERTAIN NOTICE REQUIRE8 MENTS AND PENALTIES. 

9 Section 103 of the Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 1980 (42 

11 U.S.C. 9603) is amended by striking subsection (e) and 

12 inserting the following: 

13 ‘‘(e) APPLICABILITY TO REGISTERED PESTICIDE

14 PRODUCTS AND AIR EMISSIONS FROM ANIMAL WASTE AT

15 FARMS.— 

16 ‘‘(1) IN GENERAL.—This section shall not apply 

17 to— 

18 ‘‘(A) the application of a pesticide product 

19 registered under the Federal Insecticide, Fun20 gicide, and Rodenticide Act (7 U.S.C. 136 et 

21 seq.) or the handling and storage of such a pes22 ticide product by an agricultural producer; or 

23 ‘‘(B) air emissions from animal waste (in24 cluding decomposing animal waste) at a farm. 

25 ‘‘(2) DEFINITIONS.—In this subsection: 

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1 ‘‘(A) ANIMAL WASTE.— 

2 ‘‘(i) IN GENERAL.—The term ‘animal 

3 waste’ means feces, urine, or other excre4 ment, digestive emission, urea, or similar 

5 substances emitted by animals (including 

6 any form of livestock, poultry, or fish). 

7 ‘‘(ii) INCLUSIONS.—The term ‘animal 

8 waste’ includes animal waste that is mixed 

9 or commingled with bedding, compost, 

10 feed, soil, or any other material typically 

11 found with such waste. 

12 ‘‘(B) FARM.—The term ‘farm’ means a 

13 site or area (including associated structures) 

14 that— 

15 ‘‘(i) is used for— 

16 ‘‘(I) the production of a crop; or 

17 ‘‘(II) the raising or selling of ani18 mals (including any form of livestock, 

19 poultry, or fish); and 

20 ‘‘(ii) under normal conditions, pro21 duces during a farm year any agricultural 

22 products with a total value equal to not 

23 less than $1,000.’’. 

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1 SEC. 1103. APPLICATION. 

2 Nothing in this title or an amendment made by this 

3 title affects, or supersedes or modifies the responsibility 

4 or authority of any Federal official or employee to comply 

5 with or enforce, any requirement under the Comprehensive 

6 Environmental Response, Compensation, and Liability Act 

7 of 1980 (42 U.S.C. 9601 et seq.), other than the haz8 ardous substance notification requirements under section 

9 103 of that Act (42 U.S.C. 9603) with respect to air emis10 sions from animal waste at farms. 

11 TITLE XII—TIPPED EMPLOYEES 

12 SEC. 1201. TIPPED EMPLOYEES. 

13 (a) PROHIBITION ON KEEPING TIPS.—Section 3(m) 

14 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

15 203(m)) is amended— 

16 (1) by redesignating paragraphs (1) and (2) as 

17 clauses (i) and (ii), respectively; 

18 (2) by inserting ‘‘(1)’’ after ‘‘(m)’’; 

19 (3) by striking ‘‘any employee. In determining’’ 

20 and inserting the following: ‘‘any employee. 

21 ‘‘(2)(A) In determining’’; 

22 (4) in clause (ii) of paragraph (2)(A) (as so re23 designated), by striking ‘‘paragraph (1)’’ and insert24 ing ‘‘clause (i)’’; and 

25 (5) by adding at the end the following: 

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1 ‘‘(B) An employer may not keep tips received by its 

2 employees for any purposes, including allowing managers 

3 or supervisors to keep any portion of employees’ tips, re4 gardless of whether or not the employer takes a tip cred5 it.’’. 

6 (b) PENALTIES.—Section 16 of the Fair Labor 

7 Standards Act of 1938 (29 U.S.C. 216) is amended— 

8 (1) in subsection (b)— 

9 (A) by inserting after the second sentence 

10 the following: ‘‘Any employer who violates sec11 tion 3(m)(2)(B) shall be liable to the employee 

12 or employees affected in the amount of the sum 

13 of any tip credit taken by the employer and all 

14 such tips unlawfully kept by the employer, and 

15 in an additional equal amount as liquidated 

16 damages.’’; and 

17 (B) by striking ‘‘either of’’; 

18 (2) in subsection (c), by adding at the end the 

19 following: ‘‘The authority and requirements de20 scribed in this subsection shall apply with respect to 

21 a violation of section 3(m)(2)(B), as appropriate, 

22 and the employer shall be liable for the amount of 

23 the sum of any tip credit taken by the employer and 

24 all such tips unlawfully kept by the employer, and an 

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1 additional equal amount as liquidated damages.’’; 

2 and 

3 (3) in subsection (e)(2), by adding at the end 

4 the following: ‘‘Any person who violates section 

5 3(m)(2)(B) shall be subject to a civil penalty not to 

6 exceed $1,100 for each such violation, as the Sec7 retary determines appropriate, in addition to being 

8 liable to the employee or employees affected for all 

9 tips unlawfully kept, and an additional equal amount 

10 as liquidated damages, as described in subsection 

11 (b).’’. 

12 (c) EFFECT ON REGULATIONS.—The portions of the 

13 final rule promulgated by the Department of Labor enti14 tled ‘‘Updating Regulations Issued Under the Fair Labor 

15 Standards Act’’ (76 Fed. Reg. 18832 (April 5, 2011)) that 

16 revised sections 531.52, 531.54, and 531.59 of title 29, 

17 Code of Federal Regulations (76 Fed. Reg. 18854–18856) 

18 and that are not addressed by section 3(m) of the Fair 

19 Labor Standards Act of 1938 (29 U.S.C. 203(m)) (as 

20 such section was in effect on April 5, 2011), shall have 

21 no further force or effect until any future action taken 

22 by the Administrator of the Wage and Hour Division of 

23 the Department of Labor. 

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1 TITLE XIII—REVISIONS TO PASS2 THROUGH PERIOD AND PAY3 MENT RULES 

4 SEC. 1301. REVISIONS TO PASS-THROUGH PERIOD AND PAY5 MENT RULES UNDER OPPS FOR CERTAIN 

6 NEW DRUGS AND BIOLOGICALS. 

7 (a) REVISIONS TO PASS-THROUGH PERIOD AND PAY8 MENT RULES.— 

9 (1) IN GENERAL.—Section 1833(t)(6) of the 

10 Social Security Act (42 U.S.C. 1395l(t)(6)) is 

11 amended— 

12 (A) in subparagraph (C)(i), in the matter 

13 preceding subclause (I), by striking ‘‘The pay14 ment’’ and inserting ‘‘Subject to subparagraph 

15 (G), the payment’’; 

16 (B) in subparagraph (D)(i), by inserting 

17 ‘‘subject to subparagraph (H),’’ before ‘‘in the 

18 case’’; and 

19 (C) by adding at the end the following new 

20 subparagraphs: 

21 ‘‘(G) PASS-THROUGH EXTENSION FOR

22 CERTAIN DRUGS AND BIOLOGICALS.—In the 

23 case of a drug or biological whose period of 

24 pass-through status under this paragraph ended 

25 on December 31, 2017, and for which payment 

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1 under this subsection was packaged into a pay2 ment for a covered OPD service (or group of 

3 services) furnished beginning January 1, 2018, 

4 such pass-through status shall be extended for 

5 a 2-year period beginning on October 1, 2018. 

6 ‘‘(H) TEMPORARY PAYMENT RULE FOR

7 CERTAIN DRUGS AND BIOLOGICALS.—In the 

8 case of a drug or biological whose period of 

9 pass-through status under this paragraph ended 

10 on December 31, 2017, and for which payment 

11 under this subsection was packaged into a pay12 ment for a covered OPD service (or group of 

13 services) furnished beginning January 1, 2018, 

14 the payment amount for such drug or biological 

15 under this subsection that is furnished during 

16 the period beginning on October 1, 2018, and 

17 ending on March 31, 2019, shall be the greater 

18 of— 

19 ‘‘(i) the payment amount that would 

20 otherwise apply under subparagraph (D)(i) 

21 for such drug or biological during such pe22 riod; or 

23 ‘‘(ii) the payment amount that applied 

24 under such subparagraph (D)(i) for such 

25 drug or biological on December 31, 2017. 

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1 ‘‘(I) SPECIAL PAYMENT ADJUSTMENT

2 RULES FOR LAST QUARTER OF 2018.—In the 

3 case of a drug or biological whose period of 

4 pass-through status under this paragraph ended 

5 on December 31, 2017, and for which payment 

6 under this subsection was packaged into a pay7 ment amount for a covered OPD service (or 

8 group of services) beginning January 1, 2018, 

9 the following rules shall apply with respect to 

10 payment amounts under this subsection for cov11 ered a OPD service (or group of services) fur12 nished during the period beginning on October 

13 1, 2018, and ending on December 31, 2018: 

14 ‘‘(i) The Secretary shall remove the 

15 packaged costs of such drug or biological 

16 (as determined by the Secretary) from the 

17 payment amount under this subsection for 

18 the covered OPD service (or group of serv19 ices) with which it is packaged. 

20 ‘‘(ii) The Secretary shall not make 

21 any adjustments to payment amounts 

22 under this subsection for a covered OPD 

23 service (or group of services) for which no 

24 costs were removed under clause (i).’’. 

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1 (2) NONAPPLICATION OF LIMIT ON AGGREGATE

2 ANNUAL ADJUSTMENT FOR 2018.—Section 

3 1833(t)(6)(E)(i) of the Social Security Act (42 

4 U.S.C. 1395l(t)(6)(E)(i)) is amended by adding at 

5 the end the following new sentence: ‘‘This clause 

6 shall not apply for 2018.’’. 

7 (3) IMPLEMENTATION.—Notwithstanding any 

8 other provision of law, the Secretary of Health and 

9 Human Services may implement the amendments 

10 made by paragraphs (1) and (2) by program instruc11 tion or otherwise. 

12 (b) GAO STUDY AND REPORT.— 

13 (1) IN GENERAL.—The Comptroller General of 

14 the United States (in this subsection referred to as 

15 the ‘‘Comptroller General’’) shall conduct a study on 

16 the policy for packaging high cost drugs and 

17 biologicals after their pass-through status under sub18 section (t)(6) of section 1833 of the Social Security 

19 Act (42 U.S.C. 1395l) has expired under the pay20 ment systems for hospital outpatient department 

21 services under section subsection (t) of such section 

22 and for surgical services furnished in an ambulatory 

23 surgical center under subsection (i) of such section. 

24 Such study shall include an analysis of— 

25 (A) the impact of such policy on— 

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1 (i) the utilization of such drugs and 

2 biologicals; 

3 (ii) the availability of treatment op4 tions, including consultations with physi5 cians and hospitals; and 

6 (iii) to the extent practicable, the 

7 health outcomes of Medicare beneficiaries; 

8 and 

9 (B) the impact of the amendments made 

10 by subsection (a), including the impact on price 

11 competition and cost-sharing. 

12 (2) REPORT.—Not later than March 1, 2021, 

13 the Comptroller General shall submit to Congress a 

14 report containing the results of the study conducted 

15 under paragraph (1), together with recommenda16 tions for such legislation and administrative action 

17 as the Comptroller General determines appropriate. 

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1 DIVISION T—REVENUE 

2 PROVISIONS 

3 SEC. 101. MODIFICATION OF DEDUCTION FOR QUALIFIED 

4 BUSINESS INCOME OF A COOPERATIVE AND 

5 ITS PATRONS. 

6 (a) DEDUCTION FOR QUALIFIED PRODUCTION AC7 TIVITIES INCOME.— 

8 (1) IN GENERAL.—Subsection (g) of section 

9 199A of the Internal Revenue Code of 1986 is 

10 amended to read as follows: 

11 ‘‘(g) DEDUCTION FOR INCOME ATTRIBUTABLE TO

12 DOMESTIC PRODUCTION ACTIVITIES OF SPECIFIED AGRI13 CULTURAL OR HORTICULTURAL COOPERATIVES.— 

14 ‘‘(1) ALLOWANCE OF DEDUCTION.— 

15 ‘‘(A) IN GENERAL.—In the case of a tax16 payer which is a specified agricultural or horti17 cultural cooperative, there shall be allowed as a 

18 deduction an amount equal to 9 percent of the 

19 lesser of— 

20 ‘‘(i) the qualified production activities 

21 income of the taxpayer for the taxable 

22 year, or 

23 ‘‘(ii) the taxable income of the tax24 payer for the taxable year. 

25 ‘‘(B) LIMITATION.— 

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1 ‘‘(i) IN GENERAL.—The deduction al2 lowable under subparagraph (A) for any 

3 taxable year shall not exceed 50 percent of 

4 the W-2 wages of the taxpayer for the tax5 able year. 

6 ‘‘(ii) W-2 WAGES.—For purposes of 

7 this subparagraph, the W-2 wages of the 

8 taxpayer shall be determined in the same 

9 manner as under subsection (b)(4) (with10 out regard to subparagraph (B) thereof 

11 and after application of subsection (b)(5)), 

12 except that such wages shall not include 

13 any amount which is not properly allocable 

14 to domestic production gross receipts for 

15 purposes of paragraph (3)(A). 

16 ‘‘(C) TAXABLE INCOME OF COOPERATIVES

17 DETERMINED WITHOUT REGARD TO CERTAIN

18 DEDUCTIONS.—For purposes of this subsection, 

19 the taxable income of a specified agricultural or 

20 horticultural cooperative shall be computed 

21 without regard to any deduction allowable 

22 under subsection (b) or (c) of section 1382 (re23 lating to patronage dividends, per-unit retain 

24 allocations, and nonpatronage distributions). 

25 ‘‘(2) DEDUCTION ALLOWED TO PATRONS.— 

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1 ‘‘(A) IN GENERAL.—In the case of any eli2 gible taxpayer who receives a qualified payment 

3 from a specified agricultural or horticultural co4 operative, there shall be allowed as a deduction 

5 for the taxable year in which such payment is 

6 received an amount equal to the portion of the 

7 deduction allowed under paragraph (1) to such 

8 cooperative which is— 

9 ‘‘(i) allowed with respect to the por10 tion of the qualified production activities 

11 income to which such payment is attrib12 utable, and 

13 ‘‘(ii) identified by such cooperative in 

14 a written notice mailed to such taxpayer 

15 during the payment period described in 

16 section 1382(d). 

17 ‘‘(B) LIMITATION BASED ON TAXABLE IN18 COME.—The deduction allowed to any taxpayer 

19 under this paragraph shall not exceed the tax20 able income of the taxpayer determined without 

21 regard to the deduction allowed under this 

22 paragraph and after taking into account any 

23 deduction allowed to the taxpayer under sub24 section (a) for the taxable year. 

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1 ‘‘(C) COOPERATIVE DENIED DEDUCTION

2 FOR PORTION OF QUALIFIED PAYMENTS.—The 

3 taxable income of a specified agricultural or 

4 horticultural cooperative shall not be reduced 

5 under section 1382 by reason of that portion of 

6 any qualified payment as does not exceed the 

7 deduction allowable under subparagraph (A) 

8 with respect to such payment. 

9 ‘‘(D) ELIGIBLE TAXPAYER.—For purposes 

10 of this paragraph, the term ‘eligible taxpayer’ 

11 means— 

12 ‘‘(i) a taxpayer other than a corpora13 tion, or 

14 ‘‘(ii) a specified agricultural or horti15 cultural cooperative. 

16 ‘‘(E) QUALIFIED PAYMENT.—For purposes 

17 of this section, the term ‘qualified payment’ 

18 means, with respect to any eligible taxpayer, 

19 any amount which— 

20 ‘‘(i) is described in paragraph (1) or 

21 (3) of section 1385(a), 

22 ‘‘(ii) is received by such taxpayer from 

23 a specified agricultural or horticultural co24 operative, and 

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1 ‘‘(iii) is attributable to qualified pro2 duction activities income with respect to 

3 which a deduction is allowed to such coop4 erative under paragraph (1). 

5 ‘‘(3) QUALIFIED PRODUCTION ACTIVITIES IN6 COME.—For purposes of this subsection— 

7 ‘‘(A) IN GENERAL.—The term ‘qualified 

8 production activities income’ for any taxable 

9 year means an amount equal to the excess (if 

10 any) of— 

11 ‘‘(i) the taxpayer’s domestic produc12 tion gross receipts for such taxable year, 

13 over 

14 ‘‘(ii) the sum of— 

15 ‘‘(I) the cost of goods sold that 

16 are allocable to such receipts, and 

17 ‘‘(II) other expenses, losses, or 

18 deductions (other than the deduction 

19 allowed under this subsection), which 

20 are properly allocable to such receipts. 

21 ‘‘(B) ALLOCATION METHOD.—The Sec22 retary shall prescribe rules for the proper allo23 cation of items described in subparagraph (A) 

24 for purposes of determining qualified produc25 tion activities income. Such rules shall provide 

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1 for the proper allocation of items whether or 

2 not such items are directly allocable to domestic 

3 production gross receipts. 

4 ‘‘(C) SPECIAL RULES FOR DETERMINING

5 COSTS.— 

6 ‘‘(i) IN GENERAL.—For purposes of 

7 determining costs under subclause (I) of 

8 subparagraph (A)(ii), any item or service 

9 brought into the United States shall be 

10 treated as acquired by purchase, and its 

11 cost shall be treated as not less than its 

12 value immediately after it entered the 

13 United States. A similar rule shall apply in 

14 determining the adjusted basis of leased or 

15 rented property where the lease or rental 

16 gives rise to domestic production gross re17 ceipts. 

18 ‘‘(ii) EXPORTS FOR FURTHER MANU19 FACTURE.—In the case of any property de20 scribed in clause (i) that had been exported 

21 by the taxpayer for further manufacture, 

22 the increase in cost or adjusted basis 

23 under clause (i) shall not exceed the dif24 ference between the value of the property 

25 when exported and the value of the propMarch 21, 2018 (6:08 p.m.)
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1 erty when brought back into the United 

2 States after the further manufacture. 

3 ‘‘(D) DOMESTIC PRODUCTION GROSS RE4 CEIPTS.— 

5 ‘‘(i) IN GENERAL.—The term ‘domes6 tic production gross receipts’ means the 

7 gross receipts of the taxpayer which are 

8 derived from any lease, rental, license, sale, 

9 exchange, or other disposition of any agri10 cultural or horticultural product which was 

11 manufactured, produced, grown, or ex12 tracted by the taxpayer (determined after 

13 the application of paragraph (4)(B)) in 

14 whole or significant part within the United 

15 States. Such term shall not include gross 

16 receipts of the taxpayer which are derived 

17 from the lease, rental, license, sale, ex18 change, or other disposition of land. 

19 ‘‘(ii) RELATED PERSONS.— 

20 ‘‘(I) IN GENERAL.—The term 

21 ‘domestic production gross receipts’ 

22 shall not include any gross receipts of 

23 the taxpayer derived from property 

24 leased, licensed, or rented by the tax25 payer for use by any related person. 

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1 ‘‘(II) RELATED PERSON.—For 

2 purposes of subclause (I), a person 

3 shall be treated as related to another 

4 person if such persons are treated as 

5 a single employer under subsection (a) 

6 or (b) of section 52 or subsection (m) 

7 or (o) of section 414, except that de8 terminations under subsections (a) 

9 and (b) of section 52 shall be made 

10 without regard to section 1563(b). 

11 ‘‘(4) SPECIFIED AGRICULTURAL OR HORTI12 CULTURAL COOPERATIVE.—For purposes of this sec13 tion— 

14 ‘‘(A) IN GENERAL.—The term ‘specified 

15 agricultural or horticultural cooperative’ means 

16 an organization to which part I of subchapter 

17 T applies which is engaged— 

18 ‘‘(i) in the manufacturing, production, 

19 growth, or extraction in whole or signifi20 cant part of any agricultural or horti21 cultural product, or 

22 ‘‘(ii) in the marketing of agricultural 

23 or horticultural products. 

24 ‘‘(B) APPLICATION TO MARKETING CO25 OPERATIVES.—A specified agricultural or hortiMarch 21, 2018 (6:08 p.m.)
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1 cultural cooperative described in subparagraph 

2 (A)(ii) shall be treated as having manufactured, 

3 produced, grown, or extracted in whole or sig4 nificant part any agricultural or horticultural 

5 product marketed by the specified agricultural 

6 or horticultural cooperative which its patrons 

7 have so manufactured, produced, grown, or ex8 tracted. 

9 ‘‘(5) DEFINITIONS AND SPECIAL RULES.— 

10 ‘‘(A) SPECIAL RULE FOR AFFILIATED

11 GROUPS.— 

12 ‘‘(i) IN GENERAL.—All members of an 

13 expanded affiliated group shall be treated 

14 as a single corporation for purposes of this 

15 subsection. 

16 ‘‘(ii) PARTNERSHIPS OWNED BY EX17 PANDED AFFILIATED GROUPS.—For pur18 poses of paragraph (3)(D), if all of the in19 terests in the capital and profits of a part20 nership are owned by members of a single 

21 expanded affiliated group at all times dur22 ing the taxable year of such partnership, 

23 the partnership and all members of such 

24 group shall be treated as a single taxpayer 

25 during such period. 

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1 ‘‘(iii) EXPANDED AFFILIATED

2 GROUP.—For purposes of this subsection, 

3 the term ‘expanded affiliated group’ means 

4 an affiliated group as defined in section 

5 1504(a), determined— 

6 ‘‘(I) by substituting ‘more than 

7 50 percent’ for ‘at least 80 percent’ 

8 each place it appears, and 

9 ‘‘(II) without regard to para10 graphs (2) and (4) of section 1504(b). 

11 ‘‘(iv) ALLOCATION OF DEDUCTION.— 

12 Except as provided in regulations, the de13 duction under paragraph (1) shall be allo14 cated among the members of the expanded 

15 affiliated group in proportion to each mem16 ber’s respective amount (if any) of quali17 fied production activities income. 

18 ‘‘(B) SPECIAL RULE FOR COOPERATIVE

19 PARTNERS.—In the case of a specified agricul20 tural or horticultural cooperative which is a 

21 partner in a partnership, rules similar to the 

22 rules of subsection (f)(1) shall apply for pur23 poses of this subsection. 

24 ‘‘(C) TRADE OR BUSINESS REQUIRE25 MENT.—This subsection shall be applied by 

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1 only taking into account items which are attrib2 utable to the actual conduct of a trade or busi3 ness. 

4 ‘‘(D) UNRELATED BUSINESS TAXABLE IN5 COME.—For purposes of determining the tax 

6 imposed by section 511, this section shall be ap7 plied by substituting ‘unrelated business taxable 

8 income’ for ‘taxable income’ each place it ap9 pears in this section (other than this subpara10 graph). 

11 ‘‘(E) SPECIAL RULE FOR COOPERATIVE

12 WITH OIL RELATED QUALIFIED PRODUCTION

13 ACTIVITIES INCOME.— 

14 ‘‘(i) IN GENERAL.—If a specified agri15 cultural or horticultural cooperative has oil 

16 related qualified production activities in17 come for any taxable year, the amount oth18 erwise allowable as a deduction under 

19 paragraph (1) shall be reduced by 3 per20 cent of the least of— 

21 ‘‘(I) the oil related qualified pro22 duction activities income of the coop23 erative for the taxable year, 

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1 ‘‘(II) the qualified production ac2 tivities income of the cooperative for 

3 the taxable year, or 

4 ‘‘(III) taxable income. 

5 ‘‘(ii) OIL RELATED QUALIFIED PRO6 DUCTION ACTIVITIES INCOME.—For pur7 poses of this subparagraph, the term ‘oil 

8 related qualified production activities in9 come’ means for any taxable year the 

10 qualified production activities income 

11 which is attributable to the production, re12 fining, processing, transportation, or dis13 tribution of oil, gas, or any primary prod14 uct thereof (within the meaning of section 

15 927(a)(2)(C), as in effect before its repeal) 

16 during such taxable year. 

17 ‘‘(6) REGULATIONS.—The Secretary shall pre18 scribe such regulations as are necessary to carry out 

19 the purposes of this subsection, including regulations 

20 which prevent more than 1 taxpayer from being al21 lowed a deduction under this subsection with respect 

22 to any activity described in paragraph (3)(D)(i). 

23 Such regulations shall be based on the regulations 

24 applicable to cooperatives and their patrons under 

25 section 199 (as in effect before its repeal).’’. 

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1 (2) CONFORMING AMENDMENTS.— 

2 (A) Sections 63(b)(3), 63(d)(3), 

3 199A(e)(1), and 6662(d)(1)(C) of such Code 

4 are each amended by striking ‘‘the deduction’’ 

5 and inserting ‘‘any deduction’’. 

6 (B) The last sentence of section 62(a) of 

7 such Code and section 172(d)(8) of such Code 

8 are each amended by striking ‘‘The deduction’’ 

9 and inserting ‘‘Any deduction’’. 

10 (C) Section 199A(e)(1) of such Code is 

11 amended by striking ‘‘Taxable income’’ and in12 serting ‘‘Except as otherwise provided in sub13 section (g)(2)(B), taxable income’’. 

14 (D) Section 613(a) of such Code is amend15 ed by striking ‘‘the deduction under section 

16 199A’’ and inserting ‘‘any deduction under sec17 tion 199A’’. 

18 (b) MODIFICATIONS RELATED TO PAYMENTS FROM

19 COOPERATIVES.— 

20 (1) REPEAL OF SPECIAL DEDUCTION FOR

21 QUALIFIED COOPERATIVE DIVIDENDS.—Subsection 

22 (a) of section 199A of such Code is amended to read 

23 as follows: 

24 ‘‘(a) ALLOWANCE OF DEDUCTION.—In the case of a 

25 taxpayer other than a corporation, there shall be allowed 

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1 as a deduction for any taxable year an amount equal to 

2 the lesser of— 

3 ‘‘(1) the combined qualified business income 

4 amount of the taxpayer, or 

5 ‘‘(2) an amount equal to 20 percent of the ex6 cess (if any) of— 

7 ‘‘(A) the taxable income of the taxpayer 

8 for the taxable year, over 

9 ‘‘(B) the net capital gain (as defined in 

10 section 1(h)) of the taxpayer for such taxable 

11 year.’’. 

12 (2) REPEAL OF RULE EXCLUDING QUALIFIED

13 COOPERATIVE DIVIDENDS FROM QUALIFIED BUSI14 NESS INCOME.— 

15 (A) IN GENERAL.—Section 199A(c)(1) of 

16 such Code is amended by striking ‘‘, qualified 

17 cooperative dividends,’’. 

18 (B) CONFORMING AMENDMENTS.— 

19 (i) Section 199A(c)(3)(B) of such 

20 Code is amended— 

21 (I) by striking ‘‘investment’’ in 

22 the matter preceding clause (i), and 

23 (II) by adding at the end of 

24 clause (ii) the following: ‘‘Any amount 

25 described in section 1385(a)(1) shall 

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1 not be treated as described in this 

2 clause.’’. 

3 (ii) Section 199A(e) of such Code is 

4 amended by striking paragraph (4) and by 

5 redesignating paragraph (5) as paragraph 

6 (4). 

7 (3) REDUCTION OF QUALIFIED BUSINESS IN8 COME WITH RESPECT TO INCOME RECEIVED FROM

9 COOPERATIVES.—Section 199A(b) of such Code is 

10 amended by adding at the end the following new 

11 paragraph: 

12 ‘‘(7) SPECIAL RULE WITH RESPECT TO INCOME

13 RECEIVED FROM COOPERATIVES.—In the case of any 

14 qualified trade or business of a patron of a specified 

15 agricultural or horticultural cooperative, the amount 

16 determined under paragraph (2) with respect to 

17 such trade or business shall be reduced by the lesser 

18 of— 

19 ‘‘(A) 9 percent of so much of the qualified 

20 business income with respect to such trade or 

21 business as is properly allocable to qualified 

22 payments received from such cooperative, or 

23 ‘‘(B) 50 percent of so much of the W-2 

24 wages with respect to such trade or business as 

25 are so allocable.’’. 

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1 (c) APPLICATION OF SECTION 199 TO CERTAIN

2 QUALIFIED PAYMENTS PAID AFTER 2017.—Subsection 

3 (c) of section 13305 of Public Law 115–97 is amended 

4 to read as follows: 

5 ‘‘(c) EFFECTIVE DATES.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), the amendments made by this section 

8 shall apply to taxable years beginning after Decem9 ber 31, 2017. 

10 ‘‘(2) TRANSITION RULE FOR QUALIFIED PAY11 MENTS OF PATRONS OF COOPERATIVES.— 

12 ‘‘(A) IN GENERAL.—The amendments 

13 made by this section shall not apply to a quali14 fied payment received by a taxpayer from a 

15 specified agricultural or horticultural coopera16 tive in a taxable year of the taxpayer beginning 

17 after December 31, 2017, which is attributable 

18 to qualified production activities income with 

19 respect to which a deduction is allowable to the 

20 cooperative under section 199 of the Internal 

21 Revenue Code of 1986 (as in effect before the 

22 amendments made by this section) for a taxable 

23 year of the cooperative beginning before Janu24 ary 1, 2018. Any term used in this subpara25 graph which is also used in section 199 of such 

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1 Code (as so in effect) shall have the same 

2 meaning as when used in such section. 

3 ‘‘(B) COORDINATION WITH SECTION

4 199A.—No deduction shall be allowed under sec5 tion 199A of such Code for any qualified pay6 ment to which subparagraph (A) applies.’’. 

7 (d) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—Except as otherwise pro9 vided in this subsection, the amendments made by 

10 this section shall take effect as if included in section 

11 11011 of Public Law 115–97. 

12 (2) APPLICATION OF SECTION 199 TO CERTAIN

13 QUALIFIED PAYMENTS PAID AFTER 2017.—The 

14 amendment made by subsection (c) shall take effect 

15 as if included in section 13305 of Public Law 115– 

16 97. 

17 SEC. 102. INCREASE IN STATE HOUSING CREDIT CEILING 

18 FOR , 2019, 2020, 2021. 

19 (a) IN GENERAL.—Section 42(h)(3)(I) of the Inter20 nal Revenue Code of 1986 is amended to read as follows: 

21 ‘‘(I) INCREASE IN STATE HOUSING CREDIT

22 CEILING FOR 2018, 2019, 2020, AND 2021.— 

23 In the case of calendar years 2018, 2019, 2020, 

24 and 2021, each of the dollar amounts in effect 

25 under clauses (I) and (II) of subparagraph 

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1 (C)(ii) for any calendar year (after any increase 

2 under subparagraph (H)) shall be increased by 

3 multiplying such dollar amount by 1.125.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 this section shall apply to calendar years beginning after 

6 December 31, 2017. 

7 SEC. 103. AVERAGE INCOME TEST FOR LOW-INCOME HOUS8 ING CREDIT. 

9 (a) IN GENERAL.—Paragraph (1) of section 42(g) of 

10 the Internal Revenue Code of 1986 is amended— 

11 (1) by striking ‘‘subparagraph (A) or (B)’’ and 

12 inserting ‘‘subparagraph (A), (B), or (C)’’, and 

13 (2) by inserting after subparagraph (B) the fol14 lowing new subparagraph: 

15 ‘‘(C) AVERAGE INCOME TEST.— 

16 ‘‘(i) IN GENERAL.—The project meets 

17 the minimum requirements of this sub18 paragraph if 40 percent or more (25 per19 cent or more in the case of a project de20 scribed in section 142(d)(6)) of the resi21 dential units in such project are both rent22 restricted and occupied by individuals 

23 whose income does not exceed the imputed 

24 income limitation designated by the tax25 payer with respect to the respective unit. 

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1 ‘‘(ii) SPECIAL RULES RELATING TO

2 INCOME LIMITATION.—For purposes of 

3 clause (i)— 

4 ‘‘(I) DESIGNATION.—The tax5 payer shall designate the imputed in6 come limitation of each unit taken 

7 into account under such clause. 

8 ‘‘(II) AVERAGE TEST.—The aver9 age of the imputed income limitations 

10 designated under subclause (I) shall 

11 not exceed 60 percent of area median 

12 gross income. 

13 ‘‘(III) 10-PERCENT INCRE14 MENTS.—The designated imputed in15 come limitation of any unit under sub16 clause (I) shall be 20 percent, 30 per17 cent, 40 percent, 50 percent, 60 per18 cent, 70 percent, or 80 percent of 

19 area median gross income.’’. 

20 (b) RULES RELATING TO NEXT AVAILABLE UNIT.— 

21 Subparagraph (D) of section 42(g)(2) of the Internal Rev22 enue Code of 1986 is amended— 

23 (1) in clause (i), by striking ‘‘clause (ii)’’ and 

24 inserting ‘‘clauses (ii), (iii), and (iv)’’, 

25 (2) in clause (ii)— 

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1 (A) by striking ‘‘If’’ and inserting ‘‘In the 

2 case of a project with respect to which the tax3 payer elects the requirements of subparagraph 

4 (A) or (B) of paragraph (1), if’’, 

5 (B) by striking the second sentence, and 

6 (C) by striking ‘‘NEXT AVAILABLE UNIT

7 MUST BE RENTED TO LOW-INCOME TENANT IF

8 INCOME RISES ABOVE 140 PERCENT OF INCOME

9 LIMIT’’ in the heading and inserting ‘‘RENTAL

10 OF NEXT AVAILABLE UNIT IN CASE OF 20–50 OR

11 40–60 TEST’’, and 

12 (3) by adding at the end the following new 

13 clauses: 

14 ‘‘(iii) RENTAL OF NEXT AVAILABLE

15 UNIT IN CASE OF AVERAGE INCOME

16 TEST.—In the case of a project with re17 spect to which the taxpayer elects the re18 quirements of subparagraph (C) of para19 graph (1), if the income of the occupants 

20 of the unit increases above 140 percent of 

21 the greater of— 

22 ‘‘(I) 60 percent of area median 

23 gross income, or 

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1 ‘‘(II) the imputed income limita2 tion designated with respect to the 

3 unit under paragraph (1)(C)(ii)(I), 

4 clause (i) shall cease to apply to any such 

5 unit if any residential rental unit in the 

6 building (of a size comparable to, or small7 er than, such unit) is occupied by a new 

8 resident whose income exceeds the limita9 tion described in clause (v). 

10 ‘‘(iv) DEEP RENT SKEWED

11 PROJECTS.—In the case of a project de12 scribed in section 142(d)(4)(B), clause (ii) 

13 or (iii), whichever is applicable, shall be 

14 applied by substituting ‘170 percent’ for 

15 ‘140 percent’, and— 

16 ‘‘(I) in the case of clause (ii), by 

17 substituting ‘any low-income unit in 

18 the building is occupied by a new resi19 dent whose income exceeds 40 percent 

20 of area median gross income’ for ‘any 

21 residential rental unit’ and all that 

22 follows in such clause, and 

23 ‘‘(II) in the case of clause (iii), 

24 by substituting ‘any low-income unit 

25 in the building is occupied by a new 

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1 resident whose income exceeds the 

2 lesser of 40 percent of area median 

3 gross income or the imputed income 

4 limitation designated with respect to 

5 such unit under paragraph 

6 (1)(C)(ii)(I)’ for ‘any residential rent7 al unit’ and all that follows in such 

8 clause. 

9 ‘‘(v) LIMITATION DESCRIBED.—For 

10 purposes of clause (iii), the limitation de11 scribed in this clause with respect to any 

12 unit is— 

13 ‘‘(I) the imputed income limita14 tion designated with respect to such 

15 unit under paragraph (1)(C)(ii)(I), in 

16 the case of a unit which was taken 

17 into account as a low-income unit 

18 prior to becoming vacant, and 

19 ‘‘(II) the imputed income limita20 tion which would have to be des21 ignated with respect to such unit 

22 under such paragraph in order for the 

23 project to continue to meet the re24 quirements of paragraph 

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1 (1)(C)(ii)(II), in the case of any other 

2 unit.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to elections made under section 

5 42(g)(1) of the Internal Revenue Code of 1986 after the 

6 date of the enactment of this Act. 

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1 DIVISION U—TAX TECHNICAL 

2 CORRECTIONS 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC. 

4 (a) SHORT TITLE.—This division may be cited as the 

5 ‘‘Tax Technical Corrections Act of 2018’’. 

6 (b) AMENDMENT OF INTERNAL REVENUE CODE OF

7 1986.—Except as otherwise expressly provided, whenever 

8 in this division an amendment or repeal is expressed in 

9 terms of an amendment to, or repeal of, a section or other 

10 provision, the reference shall be considered to be made to 

11 a section or other provision of the Internal Revenue Code 

12 of 1986. 

13 (c) TABLE OF CONTENTS.—The table of contents for 

14 this division is as follows: 

Sec. 1. Short title; table of contents; etc. 

TITLE I—TAX TECHNICAL CORRECTIONS 

Sec. 101. Amendments relating to Protecting Americans from Tax Hikes Act 

of 2015. 

Sec. 102. Amendment relating to Consolidated Appropriations Act, 2016. 

Sec. 103. Amendments relating to Fixing America’s Surface Transportation 

Act. 

Sec. 104. Amendments relating to Surface Transportation and Veterans Health 

Care Choice Improvement Act of 2015. 

Sec. 105. Amendments relating to Stephen Beck, Jr., ABLE Act of 2014. 

Sec. 106. Amendment relating to American Taxpayer Relief Act of 2012. 

Sec. 107. Amendment relating to United States-Korea Free Trade Agreement 

Implementation Act. 

Sec. 108. Amendment relating to SAFETEA–LU. 

Sec. 109. Amendments relating to the American Jobs Creation Act of 2004. 

TITLE II—TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP 

AUDIT RULES 

Sec. 201. Scope of adjustments subject to partnership audit rules. 

Sec. 202. Determination of imputed underpayments. 

Sec. 203. Alternative procedure to filing amended returns for purposes of modifying imputed underpayment. 

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Sec. 204. Treatment of passthrough partners in tiered structures. 

Sec. 205. Treatment of failure of partnership to pay imputed underpayment. 

Sec. 206. Other technical corrections related to partnership audit rules. 

Sec. 207. Effective date. 

TITLE III—OTHER CORRECTIONS 

Sec. 301. Amendments relating to the Bipartisan Budget Act of 2015. 

Sec. 302. Amendments relating to the Energy Policy Act of 2005. 

TITLE IV—CLERICAL CORRECTIONS AND DEADWOOD 

Sec. 401. Clerical corrections and deadwood-related provisions. 

1 TITLE I—TAX TECHNICAL 

2 CORRECTIONS 

3 SEC. 101. AMENDMENTS RELATING TO PROTECTING AMER4 ICANS FROM TAX HIKES ACT OF 2015. 

5 (a) AMENDMENT RELATING TO SECTION 103.— 

6 (1) Section 32(b)(2) is amended— 

7 (A) by striking clauses (ii) and (iii) of sub8 paragraph (B), and 

9 (B) by striking so much of subparagraph 

10 (B) as precedes ‘‘In the case of a joint return’’ 

11 and inserting the following: 

12 ‘‘(B) JOINT RETURNS.—’’. 

13 (2) Section 32(j)(1) is amended— 

14 (A) in the matter preceding subparagraph 

15 (A) by striking ‘‘after 1996’’ and inserting 

16 ‘‘after 2015’’, 

17 (B) in subparagraph (B) by inserting ‘‘by 

18 substituting in subparagraph (A)(ii) thereof’’ 

19 after ‘‘, determined’’ , 

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1 (C) in subparagraph (B)(i) by striking ‘‘by 

2 substituting’’ and ‘‘in subparagraph (A)(ii) 

3 thereof’’, 

4 (D) in subparagraph (B)(ii)— 

5 (i) by striking ‘‘by substituting’’ and 

6 ‘‘in subparagraph (A)(ii) of such section 

7 1’’, 

8 (ii) by striking ‘‘$3,000’’ and insert9 ing ‘‘$5,000’’, 

10 (iii) by striking ‘‘(b)(2)(B)(iii)’’ and 

11 inserting ‘‘(b)(2)(B)’’, and 

12 (iv) by striking ‘‘2007’’ and inserting 

13 ‘‘2008’’. 

14 (b) AMENDMENT RELATING TO SECTION 105.—Sec15 tion 132(f)(6)(A) is amended by striking the second sen16 tence. 

17 (c) AMENDMENTS RELATING TO SECTION 121.—Sec18 tion 41(c) is amended— 

19 (1) by striking paragraph (4), 

20 (2) by redesignating paragraphs (5), (6), and 

21 (7) as paragraphs (4), (5), and (6), respectively, and 

22 (3) by striking the last sentence of paragraph 

23 (4)(C) (as so redesignated). 

24 (d) AMENDMENTS RELATING TO SECTION 143.— 

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1 (1) Section 168(k)(2)(B)(i)(III) is amended by 

2 inserting ‘‘binding’’ before ‘‘contract’’. 

3 (2) Section 168(k)(5)(B)(ii) is amended— 

4 (A) by inserting ‘‘crop or’’ after ‘‘more 

5 than one’’, and 

6 (B) by inserting ‘‘a marketable crop or 

7 yield of’’ after ‘‘begins bearing’’. 

8 (3) For purposes of applying section 168(k) of 

9 the Internal Revenue Code of 1986, as in effect on 

10 the day before the date of the enactment of Public 

11 Law 115-97, with respect to property acquired be12 fore September 28, 2017, paragraph (6) thereof 

13 shall be treated as reading as follows (and as having 

14 been included in section 143 of the Protecting Amer15 icans from Tax Hikes Act of 2015): 

16 ‘‘(6) PHASE-DOWN.—In the case of qualified 

17 property placed in service by the taxpayer after De18 cember 31, 2017 (December 31, 2018, in the case 

19 of property described in subparagraph (B) or (C) of 

20 paragraph (2)), paragraph (1)(A) shall be applied by 

21 substituting for ‘50 percent’— 

22 ‘‘(A) ‘40 percent’ in the case of— 

23 ‘‘(i) property placed in service in 2018 

24 (other than property described in subpara25 graph (B) or (C) of paragraph (2)), and 

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1 ‘‘(ii) property described in subpara2 graph (B) or (C) of paragraph (2) which 

3 is placed in service in 2019, and 

4 ‘‘(B) ‘30 percent’ in the case of— 

5 ‘‘(i) property placed in service in 2019 

6 (other than property described in subpara7 graph (B) or (C) of paragraph (2)), and 

8 ‘‘(ii) property described in subpara9 graph (B) or (C) of paragraph (2) which 

10 is placed in service in 2020.’’. 

11 (4) Section 168(k)(7) of the Internal Revenue 

12 Code of 1986, as in effect on the day before the date 

13 of the enactment of Public Law 115-97, shall be ap14 plied— 

15 (A) by substituting ‘‘paragraphs (1), 

16 (2)(F), and (4)’’ for ‘‘paragraphs (1) and 

17 (2)(F)’’, and 

18 (B) as if the application of such substi19 tution had been included in section 143 of the 

20 Protecting Americans from Tax Hikes Act of 

21 2015. 

22 (e) AMENDMENTS RELATING TO SECTION 167.— 

23 (1) Section 168(j)(3) is amended by striking 

24 ‘‘property to which paragraph (1) applies’’ and in25 serting ‘‘qualified Indian reservation property’’. 

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1 (2) Section 168(j)(8) is amended by striking 

2 ‘‘this subsection’’ and inserting ‘‘paragraph (1)’’. 

3 (f) AMENDMENTS RELATING TO SECTION 202.— 

4 (1) Section 6722(c)(3)(A) is amended— 

5 (A) by striking ‘‘any information return’’ 

6 in clause (iii) and inserting ‘‘the payee state7 ment’’, and 

8 (B) by striking ‘‘filed’’ in the flush matter 

9 at the end and inserting ‘‘furnished’’. 

10 (2) Section 6721(c)(3)(A) is amended by strik11 ing ‘‘any information return’’ and inserting ‘‘the in12 formation return’’. 

13 (3) Section 202(e) of the Protecting Americans 

14 from Tax Hikes Act of 2015 is amended by striking 

15 ‘‘provided’’ and inserting ‘‘furnished’’. 

16 (g) AMENDMENTS RELATING TO SECTION 203.— 

17 (1) Section 6109(i)(1)(A)(i) is amended by 

18 striking ‘‘community-based certified acceptance 

19 agent’’ and inserting ‘‘community-based certifying 

20 acceptance agent’’. 

21 (2) Section 6109(i)(1)(B) is amended by strik22 ing ‘‘Internal Revenue Service’’ and inserting ‘‘Inter23 nal Revenue Service, a community-based certifying 

24 acceptance agent approved by the Secretary,’’. 

25 (3) Section 6109(i)(3) is amended— 

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1 (A) in subparagraph (A)— 

2 (i) by inserting ‘‘ending after the 

3 issuance of such number’’ before the period 

4 at the end of the first sentence, and 

5 (ii) by striking ‘‘on the last day of 

6 such third consecutive taxable year’’ and 

7 inserting ‘‘on the day after the due date 

8 for the return of tax for such third con9 secutive taxable year’’, and 

10 (B) by striking subparagraph (B)(ii) and 

11 inserting the following: 

12 ‘‘(ii) if the individual does not file a 

13 return of tax (or is not included as a de14 pendent on the return of tax of another 

15 taxpayer) for 3 consecutive taxable years 

16 at least one of which ends after December 

17 18, 2015, the due date for the return of 

18 tax for such third consecutive taxable 

19 year.’’. 

20 (4) Section 203(c) of the Protecting Americans 

21 from Tax Hikes Act of 2015 is amended— 

22 (A) by striking ‘‘section 6109(i)(1)(A)(i)’’ 

23 and inserting ‘‘section 6109(i)(1)’’, 

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1 (B) by striking ‘‘community-based certified 

2 acceptance agents’’ and inserting ‘‘community3 based certifying acceptance agents’’, and 

4 (C) by striking ‘‘CERTIFIED’’ in the head5 ing thereof and inserting ‘‘CERTIFYING’’. 

6 (5) Section 203(f) of the Protecting Americans 

7 from Tax Hikes Act of 2015 is amended by striking 

8 ‘‘The amendments’’ and inserting ‘‘Except to the ex9 tent provided in section 6109(i)(3) of the Internal 

10 Revenue Code of 1986, the amendments’’. 

11 (h) AMENDMENTS RELATING TO SECTION 204.— 

12 Section 204(b) of the Protecting Americans from Tax 

13 Hikes Act of 2015 is amended— 

14 (1) by striking paragraph (2), and 

15 (2) by striking so much as precedes ‘‘amend16 ment made by this section’’ and inserting the fol17 lowing: ‘‘(b) EFFECTIVE DATE.—The’’. 

18 (i) AMENDMENTS RELATING TO SECTION 205.— 

19 (1) Section 24(e)(2) is amended by striking 

20 ‘‘identifying number’’ and inserting ‘‘taxpayer identi21 fication number’’. 

22 (2) Section 205(c) of the Protecting Americans 

23 from Tax Hikes Act of 2015 is amended— 

24 (A) by striking paragraph (2), and 

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1 (B) by striking so much as precedes ‘‘shall 

2 apply to any return of tax’’ and inserting the 

3 following: ‘‘(c) EFFECTIVE DATE.—The amend4 ments made by this section’’. 

5 (j) AMENDMENTS RELATING TO SECTION 206.—Sec6 tion 206(b) of the Protecting Americans from Tax Hikes 

7 Act of 2015 is amended— 

8 (1) by striking ‘‘Except as provided in para9 graph (2), the amendment’’ in paragraph (1) and in10 serting ‘‘The amendment’’, and 

11 (2) by striking paragraph (2) and redesignating 

12 paragraph (3) as paragraph (2). 

13 (k) AMENDMENT RELATING TO SECTION 209.—Sec14 tion 209(d)(2) of the Protecting Americans from Tax 

15 Hikes Act of 2015 is amended by striking ‘‘amendment 

16 made by subsection (b)’’ and inserting ‘‘amendments made 

17 by subsections (b) and (c)’’. 

18 (l) AMENDMENTS RELATED TO SECTIONS 102, 206, 

19 207, 208, AND 211.— 

20 (1) Section 25A(b)(1) is amended— 

21 (A) in subparagraph (A) by striking 

22 ‘‘$1,000’’ and inserting ‘‘$2,000’’, and 

23 (B) in subparagraph (B)— 

24 (i) by striking ‘‘50 percent’’ and in25 serting ‘‘25 percent’’, 

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1 (ii) by striking ‘‘$1,000’’ and insert2 ing ‘‘$2,000’’, and 

3 (iii) by striking ‘‘the applicable limit’’ 

4 and inserting ‘‘$4,000’’. 

5 (2) Subparagraphs (A) and (C) of section 

6 25A(b)(2) are amended by striking ‘‘2’’ in the head7 ing and text of each subparagraph and inserting 

8 ‘‘4’’. 

9 (3) Section 25A(b)(4) is amended to read as 

10 follows: 

11 ‘‘(4) RESTRICTIONS ON TAXPAYERS WHO IM12 PROPERLY CLAIMED AMERICAN OPPORTUNITY TAX

13 CREDIT IN PRIOR YEARS.— 

14 ‘‘(A) TAXPAYERS MAKING PRIOR FRAUDU15 LENT OR RECKLESS CLAIMS.— 

16 ‘‘(i) IN GENERAL.—No American Op17 portunity Tax Credit shall be allowed 

18 under this section for any taxable year in 

19 the disallowance period. 

20 ‘‘(ii) DISALLOWANCE PERIOD.—For 

21 purposes of subparagraph (A), the dis22 allowance period is— 

23 ‘‘(I) the period of 10 taxable 

24 years after the most recent taxable 

25 year for which there was a final deterMarch 21, 2018 (6:08 p.m.)
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1 mination that the taxpayer’s claim of 

2 the American Opportunity Tax Credit 

3 under this section was due to fraud, 

4 and 

5 ‘‘(II) the period of 2 taxable 

6 years after the most recent taxable 

7 year for which there was a final deter8 mination that the taxpayer’s claim of 

9 the American Opportunity Tax Credit 

10 under this section was due to reckless 

11 or intentional disregard of rules and 

12 regulations (but not due to fraud). 

13 ‘‘(B) TAXPAYERS MAKING IMPROPER

14 PRIOR CLAIMS.—In the case of a taxpayer who 

15 is denied the American Opportunity Tax Credit 

16 under this section for any taxable year as a re17 sult of the deficiency procedures under sub18 chapter B of chapter 63, no American Oppor19 tunity Tax Credit shall be allowed under this 

20 section for any subsequent taxable year unless 

21 the taxpayer provides such information as the 

22 Secretary may require to demonstrate eligibility 

23 for such credit.’’. 

24 (4) Section 25A(d) is amended to read as fol25 lows: 

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1 ‘‘(d) LIMITATIONS BASED ON MODIFIED ADJUSTED

2 GROSS INCOME.— 

3 ‘‘(1) AMERICAN OPPORTUNITY TAX CREDIT.— 

4 The American Opportunity Tax Credit (determined 

5 without regard to this paragraph) shall be reduced 

6 (but not below zero) by the amount which bears the 

7 same ratio to such credit (as so determined) as— 

8 ‘‘(A) the excess of— 

9 ‘‘(i) the taxpayer’s modified adjusted 

10 gross income for such taxable year, over 

11 ‘‘(ii) $80,000 ($160,000 in the case of 

12 a joint return), bears to 

13 ‘‘(B) $10,000 ($20,000 in the case of a 

14 joint return). 

15 ‘‘(2) LIFETIME LEARNING CREDIT.—The Life16 time Learning Credit (determined without regard to 

17 this paragraph) shall be reduced (but not below 

18 zero) by the amount which bears the same ratio to 

19 such credit (as so determined) as— 

20 ‘‘(A) the excess of— 

21 ‘‘(i) the taxpayer’s modified adjusted 

22 gross income for such taxable year, over 

23 ‘‘(ii) $40,000 ($80,000 in the case of 

24 a joint return), bears to 

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1 ‘‘(B) $10,000 ($20,000 in the case of a 

2 joint return). 

3 ‘‘(3) MODIFIED ADJUSTED GROSS INCOME.— 

4 For purposes of this subsection, the term ‘modified 

5 adjusted gross income’ means the adjusted gross in6 come of the taxpayer for the taxable year increased 

7 by any amount excluded from gross income under 

8 section 911, 931, or 933.’’. 

9 (5) Section 25A(f)(1) is amended by adding at 

10 the end the following new subparagraph: 

11 ‘‘(D) REQUIRED COURSE MATERIALS

12 TAKEN INTO ACCOUNT FOR AMERICAN OPPOR13 TUNITY TAX CREDIT.—For purposes of deter14 mining the American Opportunity Tax Credit, 

15 subparagraph (A) shall be applied by sub16 stituting ‘tuition, fees, and course materials’ for 

17 ‘tuition and fees’.’’. 

18 (6) Section 25A(g)(1) is amended— 

19 (A) by striking ‘‘No credit’’ and inserting 

20 the following: 

21 ‘‘(A) IN GENERAL.—No credit’’, and 

22 (B) by adding at the end the following new 

23 subparagraph: 

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1 ‘‘(B) ADDITIONAL IDENTIFICATION RE2 QUIREMENTS WITH RESPECT TO AMERICAN OP3 PORTUNITY TAX CREDIT.— 

4 ‘‘(i) STUDENT.—The requirements of 

5 subparagraph (A) shall not be treated as 

6 met with respect to the American Oppor7 tunity Tax Credit unless the individual’s 

8 taxpayer identification number was issued 

9 on or before the due date for filing the re10 turn of tax for the taxable year. 

11 ‘‘(ii) TAXPAYER.—No American Op12 portunity Tax Credit shall be allowed 

13 under this section if the taxpayer identi14 fication number of the taxpayer was issued 

15 after the due date for filing the return for 

16 the taxable year. 

17 ‘‘(iii) INSTITUTION.—No American 

18 Opportunity Tax Credit shall be allowed 

19 under this section unless the taxpayer in20 cludes the employer identification number 

21 of any institution to which qualified tuition 

22 and related expenses were paid with re23 spect to the individual.’’. 

24 (7) Section 25A(h) is amended to read as fol25 lows: 

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1 ‘‘(h) INFLATION ADJUSTMENT.— 

2 ‘‘(1) IN GENERAL.—In the case of a taxable 

3 year beginning after 2001, the $40,000 and $80,000 

4 amounts in subsection (d)(2) shall each be increased 

5 by an amount equal to— 

6 ‘‘(A) such dollar amount, multiplied by 

7 ‘‘(B) the cost-of-living adjustment deter8 mined under section 1(f)(3) for the calendar 

9 year in which the taxable year begins, deter10 mined by substituting ‘calendar year 2000’ for 

11 ‘calendar year 2016’ in subparagraph (A)(ii) 

12 thereof. 

13 ‘‘(2) ROUNDING.—If any amount as adjusted 

14 under paragraph (1) is not a multiple of $1,000, 

15 such amount shall be rounded to the next lowest 

16 multiple of $1,000.’’. 

17 (8) Section 25A(i) is amended to read as fol18 lows: 

19 ‘‘(i) PORTION OF AMERICAN OPPORTUNITY TAX

20 CREDIT MADE REFUNDABLE.—Forty percent of so much 

21 of the credit allowed under subsection (a) as is attrib22 utable to the American Opportunity Tax Credit (deter23 mined after application of subsection (d) and without re24 gard to this paragraph and section 26(a)) shall be treated 

25 as a credit allowable under subpart C (and not allowed 

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1 under subsection (a)). The preceding sentence shall not 

2 apply to any taxpayer for any taxable year if such tax3 payer is a child to whom subsection (g) of section 1 applies 

4 for such taxable year.’’. 

5 (9) The heading of section 25A is amended by 

6 striking ‘‘HOPE’’ and inserting ‘‘AMERICAN OP7 PORTUNITY’’. 

8 (10) The item relating to section 25A in the 

9 table of contents for subpart A of part IV of sub10 chapter A of chapter 1 is amended to read as fol11 lows: 

‘‘Sec. 25A. American Opportunity and Lifetime Learning credits.’’. 

12 (11) The heading of section 25A(b) is amended 

13 by striking ‘‘HOPE SCHOLARSHIP CREDIT’’ and in14 serting ‘‘AMERICAN OPPORTUNITY TAX CREDIT’’. 

15 (12) The heading of section 25A(b)(2) is 

16 amended by striking ‘‘HOPE SCHOLARSHIP CREDIT’’ 

17 and inserting ‘‘AMERICAN OPPORTUNITY TAX CRED18 IT’’. 

19 (13) The heading of section 25A(c)(2)(A) is 

20 amended by striking ‘‘HOPE SCHOLARSHIP’’ and in21 serting ‘‘AMERICAN OPPORTUNITY TAX CREDIT’’. 

22 (14) Section 25A, as amended by the preceding 

23 provisions of this Act, is amended by striking ‘‘Hope 

24 Scholarship Credit’’ each place it appears in the text 

25 and inserting ‘‘American Opportunity Tax Credit’’. 

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1 (15) The heading of section 529(c)(3)(B)(v) is 

2 amended by striking ‘‘HOPE’’ and inserting ‘‘AMER3 ICAN OPPORTUNITY’’. 

4 (16) The heading of section 530(d)(2)(C) is 

5 amended by striking ‘‘HOPE’’ and inserting ‘‘AMER6 ICAN OPPORTUNITY’’. 

7 (17) Section 6211(b)(4)(A), as amended by this 

8 Act, is amended by striking ‘‘subsection (i)(5)’’ and 

9 inserting ‘‘subsection (i)’’. 

10 (18) Section 6213(g)(2)(Q) is amended to read 

11 as follows: 

12 ‘‘(Q) an omission of information required 

13 by section 25A(b)(4)(B) or an entry on the re14 turn claiming the American Opportunity Tax 

15 Credit for a taxable year for which such credit 

16 is disallowed under section 25A(b)(4)(A).’’. 

17 (19) Section 207(b)(1) of the Protecting Ameri18 cans from Tax Hikes Act of 2015 is amended by 

19 striking ‘‘the American opportunity tax credit under 

20 section 25A(i) of such Code’’ and inserting ‘‘the 

21 American Opportunity Tax Credit under section 25A 

22 of such Code’’. 

23 (m) AMENDMENT RELATING TO SECTION 311.— 

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1 (1) The last sentence of section 355(h)(2)(B) is 

2 amended by striking ‘‘80 percent’’ both places it ap3 pears and inserting ‘‘at least 80 percent’’. 

4 (2) Section 355(h)(2) is amended— 

5 (A) by striking ‘‘SPINOFFS’’ in the heading 

6 of such paragraph and inserting ‘‘DISTRIBU7 TIONS’’, and 

8 (B) by striking ‘‘SPINOFFS’’ in the head9 ings of subparagraphs (A) and (B) and insert10 ing ‘‘DISTRIBUTIONS’’. 

11 (n) AMENDMENT RELATING TO SECTION 318.— 

12 (1) Section 856(c)(9)(A) is amended— 

13 (A) by striking ‘‘Personal property’’ and 

14 inserting the following: 

15 ‘‘(i) IN GENERAL.—Personal prop16 erty’’, and 

17 (B) by adding at the end the following new 

18 clause: 

19 ‘‘(ii) TREATMENT OF GAIN ON DIS20 POSITION.—If— 

21 ‘‘(I) personal property is leased 

22 under, or in connection with, a lease 

23 of real property, for a period of not 

24 less than 1 year, and rents attrib25 utable to such personal property are 

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1 treated as rents from real property 

2 under subsection (d)(1)(C), 

3 ‘‘(II) any portion of such per4 sonal property and any portion of 

5 such real property are sold, or other6 wise disposed of, in a single disposi7 tion (or contemporaneously in sepa8 rate dispositions), and 

9 ‘‘(III) the fair market value of 

10 the personal property so sold or con11 temporaneously disposed of (deter12 mined at the time of disposition) does 

13 not exceed 15 percent of the total fair 

14 market value of all of the personal 

15 and real property so sold or contem16 poraneously disposed of (determined 

17 at the time of disposition), 

18 any gain from such dispositions shall be 

19 treated for purposes of paragraphs (2)(H) 

20 and (3)(H) as gain from the disposition of 

21 a real estate asset.’’. 

22 (2) Section 856(c)(9)(B) is amended to read as 

23 follows: 

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1 ‘‘(B) CERTAIN PERSONAL PROPERTY

2 MORTGAGED IN CONNECTION WITH REAL PROP3 ERTY.— 

4 ‘‘(i) IN GENERAL.—In the case of an 

5 obligation secured by a mortgage on both 

6 real property and personal property, if the 

7 fair market value of such personal property 

8 does not exceed 15 percent of the total fair 

9 market value of all such property, such ob10 ligation shall be treated— 

11 ‘‘(I) for purposes of paragraph 

12 (3)(B), as an obligation described 

13 therein, 

14 ‘‘(II) for purposes of paragraph 

15 (4)(A), as a real estate asset, and 

16 ‘‘(III) for purposes of paragraphs 

17 (2)(D) and (3)(C), as a mortgage on 

18 real property. 

19 ‘‘(ii) DETERMINATION OF FAIR MAR20 KET VALUE.— 

21 ‘‘(I) IN GENERAL.—Except as 

22 provided in subclause (II), the fair 

23 market value of all such property shall 

24 be determined for purposes of clause 

25 (i) in the same manner as the fair 

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1 market value of real property is deter2 mined for purposes of apportioning in3 terest income between real property 

4 and personal property under para5 graph (3)(B). 

6 ‘‘(II) GAIN ON DISPOSITION.— 

7 For purposes of applying clause 

8 (i)(III), fair market value shall be de9 termined at the time of sale or other 

10 disposition.’’. 

11 (o) AMENDMENT RELATED TO SECTION 302(b).— 

12 Section 529A(c)(1) is amended by striking subparagraph 

13 (D). 

14 (p) AMENDMENTS RELATING TO SECTION 322.— 

15 (1) Section 897(k)(2) is amended— 

16 (A) by striking so much of subparagraph 

17 (B) as precedes ‘‘amounts realized by the quali18 fied shareholder’’ and inserting the following: 

19 ‘‘(B) EXCEPTION.—In the case of a quali20 fied shareholder with one or more applicable in21 vestors— 

22 ‘‘(i) subparagraph (A)(i) shall not 

23 apply to the applicable percentage of the 

24 stock of the real estate investment trust 

25 held by the qualified shareholder, and 

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1 ‘‘(ii) the applicable percentage of the’’, 

2 and 

3 (B) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(F) APPLICABLE PERCENTAGE.—For 

6 purposes of subparagraph (B), the term ‘appli7 cable percentage’ means the percentage of the 

8 value of the interests (other than interests held 

9 solely as a creditor) in the qualified shareholder 

10 held by applicable investors.’’. 

11 (2) Section 897(k)(2)(D) is amended by strik12 ing ‘‘paragraph’’ and inserting ‘‘subsection’’. 

13 (3) Section 897(k)(2)(E) is amended by strik14 ing ‘‘and (C) and paragraph (4)’’ and inserting ‘‘and 

15 (D)’’. 

16 (4) Section 897(k)(3)(B)(i) is amended by 

17 striking so much as precedes ‘‘for a reduced rate of 

18 withholding’’ and inserting the following: 

19 ‘‘(i) which— 

20 ‘‘(I) is eligible for benefits under 

21 the comprehensive income tax treaty 

22 described in subparagraph (A)(i)(I), 

23 but only if the dividends article of 

24 such treaty imposes conditions on the 

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1 dends paid by a real estate investment 

2 trust, and 

3 ‘‘(II) is eligible under such trea4 ty’’. 

5 (5) Section 897(k)(3)(B)(ii) is amended— 

6 (A) by adding ‘‘and’’ at the end of sub7 clause (II), and 

8 (B) by striking ‘‘United States corpora9 tion’’ in subclause (III) and inserting ‘‘domestic 

10 corporation’’. 

11 (6) Section 322 of the Protecting Americans 

12 from Tax Hikes Act of 2015 is amended by striking 

13 subsections (b)(2) and (c)(3), and the Internal Rev14 enue Code of 1986 shall be applied as if such sub15 sections, and amendments made thereby, had never 

16 been enacted. 

17 (7) Section 322(c)(2) of such Act is amended 

18 by striking ‘‘take effect on’’ and inserting the fol19 lowing: ‘‘apply with respect to testing periods (as de20 fined in section 897(h)(4)(D) of the Internal Rev21 enue Code of 1986) ending on or after’’. 

22 (q) AMENDMENTS RELATED TO SECTION 323.— 

23 (1) So much of subsection (l) of section 897 as 

24 precedes paragraph (2) thereof is amended to read 

25 as follows: 

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1 ‘‘(l) EXCEPTION FOR QUALIFIED FOREIGN PENSION

2 FUNDS.— 

3 ‘‘(1) IN GENERAL.—For purposes of this sec4 tion, a qualified foreign pension fund shall not be 

5 treated as a nonresident alien individual or a foreign 

6 corporation. For purposes of the preceding sentence, 

7 an entity all the interests of which are held by a 

8 qualified foreign pension fund shall be treated as 

9 such a fund.’’. 

10 (2) Subparagraph (B) of section 897(l)(2) is 

11 amended to read as follows: 

12 ‘‘(B) which is established— 

13 ‘‘(i) by such country (or one or more 

14 political subdivisions thereof) to provide re15 tirement or pension benefits to participants 

16 or beneficiaries that are current or former 

17 employees (including self-employed individ18 uals) or persons designated by such em19 ployees, as a result of services rendered by 

20 such employees to their employers, or 

21 ‘‘(ii) by one or more employers to pro22 vide retirement or pension benefits to par23 ticipants or beneficiaries that are current 

24 or former employees (including self-em25 ployed individuals) or persons designated 

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1 by such employees in consideration for 

2 services rendered by such employees to 

3 such employers,’’. 

4 (3) Section 897(l)(2)(D) is amended by striking 

5 ‘‘provides annual information reporting about its 

6 beneficiaries to the relevant tax authorities’’ and in7 serting ‘‘with respect to which annual information 

8 about its beneficiaries is provided, or is otherwise 

9 available, to the relevant tax authorities’’. 

10 (4) Section 897(l)(2)(E) is amended— 

11 (A) by striking ‘‘such entity’’ in clause (i) 

12 and inserting ‘‘such entity or arrangement’’, 

13 and 

14 (B) by striking ‘‘or such income is taxed at 

15 a reduced rate’’ in clause (ii) and inserting ‘‘, 

16 or such income is excluded from the gross in17 come of such entity or arrangement or is taxed 

18 at a reduced rate’’. 

19 (r) AMENDMENTS RELATING TO SECTION 333.— 

20 (1) Section 831(b)(2)(B)(i)(II) is amended by 

21 striking ‘‘specified assets’’ and inserting ‘‘relevant 

22 specified assets’’ 

23 (2) Section 831(b)(2)(B) is amended by redes24 ignating clause (ii) as clause (iv) and by inserting 

25 after clause (i) the following new clauses: 

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1 ‘‘(ii) AGGREGATION OF CERTAIN

2 SPOUSAL INTERESTS.—For purposes of 

3 clause (i)(II), any interest in the insurance 

4 company referred to in such clause which 

5 is held (directly or indirectly) by an indi6 vidual who is a spouse of the specified 

7 holder, and who is a citizen of the United 

8 States, shall be treated as held by the 

9 specified holder. 

10 ‘‘(iii) SPECIFIED HOLDER.—For pur11 poses of this subparagraph, the term ‘spec12 ified holder’ means, with respect to any in13 surance company, any individual who holds 

14 (directly or indirectly) an interest in such 

15 insurance company and who— 

16 ‘‘(I) is a lineal descendent (in17 cluding by adoption) of an individual 

18 who holds an interest (directly or indi19 rectly) in the specified assets with re20 spect to such insurance company or of 

21 such individual’s spouse, 

22 ‘‘(II) is a spouse of any lineal de23 scendent described in subclause (I), or 

24 ‘‘(III) is not a citizen of the 

25 United States and is a spouse of an 

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1 individual who holds an interest (di2 rectly or indirectly) in the specified 

3 assets with respect to such insurance 

4 company.’’. 

5 (3) Section 831(b)(2)(B)(iv), as redesignated by 

6 paragraph (2), is amended— 

7 (A) by striking ‘‘clause (i)(II)’’ in the mat8 ter preceding subclause (I) and inserting ‘‘this 

9 subparagraph’’, and 

10 (B) by amending subclause (I) to read as 

11 follows: 

12 ‘‘(I) RELEVANT SPECIFIED AS13 SETS.—The term ‘relevant specified 

14 assets’ means, with respect to any 

15 specified holder with respect to any 

16 insurance company, the aggregate 

17 amount of the specified assets, with 

18 respect to such insurance company, 

19 any interest in which is held (directly 

20 or indirectly) by any spouse or speci21 fied relation of such specified holder. 

22 Such term shall not include any speci23 fied asset solely by reason of an inter24 est in such asset which was acquired 

25 by such spouse or specified relation by 

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1 bequest, devise, or inheritance from a 

2 decedent during the taxable year of 

3 the insurance company or the pre4 ceding taxable year. For purposes of 

5 this subclause, the term ‘specified re6 lation’ means any individual with re7 spect to whom the specified holder 

8 bears a relationship described in sub9 clause (I) or (II) of clause (iii).’’. 

10 (4) Section 831(b)(2) is amended by redesig11 nating subparagraph (D) as subparagraph (E) and 

12 by inserting after subparagraph (C) the following 

13 new subparagraph: 

14 ‘‘(D) LOOK-THROUGH OF REINSURANCE

15 AND FRONTING ARRANGEMENTS.—In the case 

16 of reinsurance or any fronting, intermediary, or 

17 similar arrangement, the term ‘policyholder’ 

18 means each policyholder of the underlying di19 rect written insurance with respect to such rein20 surance or arrangement.’’. 

21 (s) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect as if included in the provision 

23 of the Protecting Americans from Tax Hikes Act of 2015 

24 to which they relate. 

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1 SEC. 102. AMENDMENT RELATING TO CONSOLIDATED AP2 PROPRIATIONS ACT, 2016. 

3 (a) AMENDMENT RELATING TO SECTION 305 OF DI4 VISION P.—For purposes of applying section 

5 199(c)(3)(C)(i) of the Internal Revenue Code of 1986 (as 

6 in effect before its repeal by Public Law 115-97) to tax7 able years beginning after December 31, 2015, and before 

8 January 1, 2018, such section shall be applied— 

9 (1) by inserting ‘‘who elects the application of 

10 this clause for any taxable year,’’ after ‘‘In the case 

11 of any taxpayer’’, 

12 (2) by substituting ‘‘, and who’’ for ‘‘and who’’, 

13 (3) by substituting ‘‘such taxable year’’ for ‘‘the 

14 taxable year’’, and 

15 (4) by substituting ‘‘(as defined in subsection 

16 (d)(9)(B))’’ for ‘‘under subsection (d)(9)(B)’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall take effect as if included in section 305 

19 of division P of the Consolidated Appropriations Act, 

20 2016. 

21 SEC. 103. AMENDMENTS RELATING TO FIXING AMERICA’S 

22 SURFACE TRANSPORTATION ACT. 

23 (a) AMENDMENTS RELATING TO SECTION 32101.— 

24 (1) Section 7345(e)(1) is amended— 

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1 (A) by striking ‘‘or the Tax Court’’ and in2 serting ‘‘, or against the Commissioner in the 

3 Tax Court,’’, and 

4 (B) by adding at the end the following: 

5 ‘‘For purposes of the preceding sentence, the 

6 court first acquiring jurisdiction over such an 

7 action shall have sole jurisdiction.’’. 

8 (2) Section 7345(f) is amended by striking 

9 ‘‘subsection (a)’’ and inserting ‘‘subsection 

10 (b)(1)(B)’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect as if included in section 

13 32101 of the Fixing America’s Surface Transportation 

14 Act. 

15 SEC. 104. AMENDMENTS RELATING TO SURFACE TRANS16 PORTATION AND VETERANS HEALTH CARE 

17 CHOICE IMPROVEMENT ACT OF 2015. 

18 (a) AMENDMENT RELATING TO SECTION 2004.— 

19 Section 6662(k) is amended to read as follows: 

20 ‘‘(k) INCONSISTENT ESTATE BASIS REPORTING.— 

21 For purposes of this section, the term ‘inconsistent estate 

22 basis’ means any portion of an underpayment attributable 

23 to the failure to comply with section 1014(f).’’. 

24 (b) AMENDMENTS RELATING TO SECTION 2008.— 

25 Section 9503(e)(2) is amended— 

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1 (1) by striking ‘‘per gallon’’ in subparagraph 

2 (C) and inserting ‘‘per energy equivalent of a gallon 

3 of diesel (as defined in section 4041(a)(2)(D))’’, and 

4 (2) by striking ‘‘per gallon’’ in subparagraph 

5 (D) and inserting ‘‘per energy equivalent of a gallon 

6 of gasoline (as defined in section 4041(a)(2)(C))’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect as if included in the provision 

9 of the Surface Transportation and Veterans Health Care 

10 Choice Improvement Act of 2015 to which they relate. 

11 SEC. 105. AMENDMENTS RELATING TO STEPHEN BECK, JR., 

12 ABLE ACT OF 2014. 

13 (a) AMENDMENTS RELATING TO SECTION 208.— 

14 Section 208(h) of the Stephen Beck, Jr., ABLE Act of 

15 2014 is amended— 

16 (1) by striking so much as precedes ‘‘made by 

17 this section’’ and inserting the following: 

18 ‘‘(h) EFFECTIVE DATE.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), the amendments’’, 

21 (2) by inserting ‘‘, and statements required to 

22 be furnished,’’ after ‘‘returns required to be filed’’, 

23 and 

24 (3) by adding at the end the following new 

25 paragraph: 

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1 ‘‘(2) SUBSECTION (c).—The amendment made 

2 by subsection (c) shall apply to returns or claims for 

3 refund filed after December 31, 2014.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect as if included in section 208 

6 of the Stephen Beck, Jr., ABLE Act of 2014. 

7 SEC. 106. AMENDMENT RELATING TO AMERICAN TAXPAYER 

8 RELIEF ACT OF 2012. 

9 (a) AMENDMENT RELATING TO SECTION 104.—Sec10 tion 6211(b)(4)(A) is amended by striking ‘‘subsection 

11 (i)(6)’’ and inserting ‘‘subsection (i)(5)’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall take effect as if included in section 104 

14 of the American Taxpayer Relief Act of 2012. 

15 SEC. 107. AMENDMENT RELATING TO UNITED STATES16 KOREA FREE TRADE AGREEMENT IMPLE17 MENTATION ACT. 

18 (a) AMENDMENT RELATING TO SECTION 501.—Sec19 tion 501(b) of the United States-Korea Free Trade Agree20 ment Implementation Act is amended by striking ‘‘returns 

21 required to be filed’’ and inserting ‘‘documents prepared’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 this section shall take effect as if included in section 501 

24 of the United States-Korea Free Trade Agreement Imple25 mentation Act. 

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1 SEC. 108. AMENDMENT RELATING TO SAFETEA–LU. 

2 (a) AMENDMENT RELATING TO SECTION 11125.— 

3 Section 5681(b) is amended by striking ‘‘who has paid the 

4 special tax (or who is exempt from payment of such special 

5 tax by reason of the provisions of section 5113(a))’’ and 

6 inserting ‘‘who meets the requirements of section 5121(a) 

7 and section 5124 (or who is exempt from such require8 ments by reason of section 5121(b))’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this section shall take effect as if included in section 

11 11125 of the Safe, Accountable, Flexible, Efficient Trans12 portation Equity Act: A Legacy for Users. 

13 SEC. 109. AMENDMENTS RELATING TO THE AMERICAN 

14 JOBS CREATION ACT OF 2004. 

15 (a) AMENDMENT RELATING TO SECTION 233.—Sec16 tion 1361(c)(2)(B)(vi) is amended by striking ‘‘a share17 holder’’ and inserting ‘‘the shareholder’’. 

18 (b) AMENDMENT RELATING TO SECTION 319.—Sec19 tion 501(c)(12)(E) is amended by striking ‘‘means the 

20 Federal Energy Regulatory Commission’’ and all that fol21 lows and inserting: ‘‘means— 

22 ‘‘(i) the Federal Energy Regulatory 

23 Commission, or 

24 ‘‘(ii) in the case of any utility with re25 spect to which all of the electricity gen26 erated, transmitted, or distributed by such 

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1 utility is generated, transmitted, distrib2 uted, and consumed in the same State, the 

3 State agency of such State with the au4 thority to regulate electric utilities.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect as if included in section 319 

7 of the American Jobs Creation Act of 2004. 

8 TITLE II—TECHNICAL CORREC9 TIONS RELATED TO PART10 NERSHIP AUDIT RULES 

11 SEC. 201. SCOPE OF ADJUSTMENTS SUBJECT TO PARTNER12 SHIP AUDIT RULES. 

13 (a) IN GENERAL.—Section 6241(2) is amended to 

14 read as follows: 

15 ‘‘(2) PARTNERSHIP ADJUSTMENT.— 

16 ‘‘(A) IN GENERAL.—The term ‘partnership 

17 adjustment’ means any adjustment to a part18 nership-related item. 

19 ‘‘(B) PARTNERSHIP-RELATED ITEM.—The 

20 term ‘partnership-related item’ means— 

21 ‘‘(i) any item or amount with respect 

22 to the partnership (without regard to 

23 whether or not such item or amount ap24 pears on the partnership’s return and in25 cluding an imputed underpayment and any 

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1 item or amount relating to any transaction 

2 with, basis in, or liability of, the partner3 ship) which is relevant (determined without 

4 regard to this subchapter) in determining 

5 the tax liability of any person under chap6 ter 1, and 

7 ‘‘(ii) any partner’s distributive share 

8 of any item or amount described in clause 

9 (i).’’. 

10 (b) COORDINATION WITH OTHER CHAPTERS.— 

11 (1) IN GENERAL.—Section 6241 is amended by 

12 adding at the end the following new paragraph: 

13 ‘‘(9) COORDINATION WITH OTHER CHAPTERS.— 

14 ‘‘(A) IN GENERAL.—This subchapter shall 

15 not apply with respect to any tax imposed (in16 cluding any amount required to be deducted or 

17 withheld) under chapter 2, 2A, 3, or 4, except 

18 that any partnership adjustment determined 

19 under this subchapter for purposes of chapter 1 

20 shall be taken into account for purposes of de21 termining any such tax to the extent that such 

22 adjustment is relevant to such determination. 

23 ‘‘(B) TIMING OF WITHHOLDING.—In the 

24 case of any tax imposed (including any amount 

25 required to be deducted or withheld) under 

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1 chapter 3 or 4, which is determined with re2 spect to an adjustment described in subpara3 graph (A), such tax— 

4 ‘‘(i) shall be so determined with re5 spect to the reviewed year, and 

6 ‘‘(ii) shall be so imposed (or so re7 quired to be deducted or withheld) with re8 spect to the adjustment year. 

9 ‘‘(C) STATUTE OF LIMITATION ON ASSESS10 MENT.—For special rule with respect to limita11 tion on assessment of taxes under chapter 2 or 

12 2A which are attributable to any partnership 

13 adjustment, see section 6501(c)(12).’’. 

14 (2) SPECIAL RULE.—Section 6501(c) is amend15 ed by adding at the end the following new para16 graph: 

17 ‘‘(12) CERTAIN TAXES ATTRIBUTABLE TO

18 PARTNERSHIP ADJUSTMENTS.—In the case of any 

19 partnership adjustment determined under sub20 chapter C of chapter 63, the period for assessment 

21 of any tax imposed under chapter 2 or 2A which is 

22 attributable to such adjustment shall not expire be23 fore the date that is 1 year after— 

24 ‘‘(A) in the case of an adjustment pursu25 ant to the decision of a court in a proceeding 

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1 brought under section 6234, such decision be2 comes final, or 

3 ‘‘(B) in any other case, 90 days after the 

4 date on which the notice of the final partner5 ship adjustment is mailed under section 6231.’’. 

6 (c) CONFORMING AMENDMENTS.— 

7 (1) Section 6211(c) is amended to read as fol8 lows: 

9 ‘‘(c) COORDINATION WITH SUBCHAPTER C.—In de10 termining the amount of any deficiency for purposes of 

11 this subchapter, adjustments to partnership-related items 

12 shall be made only as provided in subchapter C.’’. 

13 (2) Section 6221(a) is amended to read as fol14 lows: 

15 ‘‘(a) IN GENERAL.—Any adjustment to a partner16 ship-related item shall be determined, and any tax attrib17 utable thereto shall be assessed and collected, and the ap18 plicability of any penalty, addition to tax, or additional 

19 amount which relates to an adjustment to any such item 

20 shall be determined, at the partnership level, except to the 

21 extent otherwise provided in this subchapter.’’. 

22 (3) Section 6222(a) is amended to read as fol23 lows: 

24 ‘‘(a) IN GENERAL.—A partner shall, on the partner’s 

25 return, treat any partnership-related item in a manner 

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1 which is consistent with the treatment of such item on 

2 the partnership return.’’. 

3 (4) Section 6226(a)(2) is amended by striking 

4 ‘‘any adjustment to income, gain, loss, deduction, or 

5 credit’’ and inserting ‘‘any adjustment to a partner6 ship-related item’’. 

7 (5) Section 6227(a) is amended by striking 

8 ‘‘items of income, gain, loss, deduction, or credit of 

9 the partnership’’ and inserting ‘‘partnership-related 

10 items’’. 

11 (6) Section 6231(a)(1) is amended by striking 

12 ‘‘any item of income, gain, loss, deduction, or credit 

13 of a partnership for a partnership taxable year’’ and 

14 inserting ‘‘any partnership-related item for any part15 nership taxable year’’. 

16 (7) Section 6234(c) is amended by striking ‘‘all 

17 items of income, gain, loss, deduction, or credit of 

18 the partnership’’ and inserting ‘‘all partnership-re19 lated items’’. 

20 (8) Section 7485(b) is amended by striking 

21 ‘‘partnership items’’ and inserting ‘‘partnership-re22 lated items (as defined in section 6241)’’. 

23 SEC. 202. DETERMINATION OF IMPUTED UNDERPAYMENTS. 

24 (a) IN GENERAL.—Section 6225(b) is amended to 

25 read as follows: 

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1 ‘‘(b) DETERMINATION OF IMPUTED UNDERPAY2 MENTS.—For purposes of this subchapter— 

3 ‘‘(1) IN GENERAL.—Except as otherwise pro4 vided in this section, any imputed underpayment 

5 with respect to any reviewed year shall be deter6 mined by the Secretary by— 

7 ‘‘(A) appropriately netting all partnership 

8 adjustments with respect to such reviewed year, 

9 and 

10 ‘‘(B) applying the highest rate of tax in ef11 fect for the reviewed year under section 1 or 

12 11. 

13 ‘‘(2) ADJUSTMENTS TO DISTRIBUTIVE SHARES

14 OF PARTNERS NOT NETTED.—In the case of any ad15 justment which reallocates the distributive share of 

16 any item from one partner to another, such adjust17 ment shall be taken into account by disregarding so 

18 much of such adjustment as results in a decrease in 

19 the amount of the imputed underpayment. 

20 ‘‘(3) ADJUSTMENTS SEPARATELY NETTED BY

21 CATEGORY.—For purposes of paragraph (1)(A), 

22 partnership adjustments for any reviewed year shall 

23 first be separately determined (and netted as appro24 priate) within each category of items that are reMarch 21, 2018 (6:08 p.m.)
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1 quired to be taken into account separately under 

2 section 702(a) or other provision of this title. 

3 ‘‘(4) LIMITATION ON ADJUSTMENTS THAT MAY

4 BE TAKEN INTO ACCOUNT.—If any adjustment 

5 would (but for this paragraph)— 

6 ‘‘(A) result in a decrease in the amount of 

7 the imputed underpayment, and 

8 ‘‘(B) could be subject to any additional 

9 limitation under the provisions of this title (or 

10 not allowed, in whole or in part, against ordi11 nary income) if such adjustment were taken 

12 into account by any person, 

13 such adjustment shall not be taken into account 

14 under paragraph (1)(A) except to the extent other15 wise provided by the Secretary.’’. 

16 (b) MODIFICATIONS OF IMPUTED UNDERPAY17 MENTS.— 

18 (1) Section 6225(c)(3) is amended by striking 

19 ‘‘without regard to the portion thereof’’ and insert20 ing ‘‘without regard to the portion of the adjust21 ment’’. 

22 (2) Section 6225(c)(4)(A) is amended by strik23 ing ‘‘with respect to any portion of the imputed un24 derpayment’’ and inserting ‘‘with respect to any por25 tion of the adjustment’’. 

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1 (3) Section 6225(c)(5)(A)(i) is amended by 

2 striking ‘‘without regard to the portion thereof’’ and 

3 inserting ‘‘without regard to the portion of the ad4 justment’’. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) Section 6225(a) is amended to read as fol7 lows: 

8 ‘‘(a) IN GENERAL.—In the case of any adjustments 

9 by the Secretary to any partnership-related items with re10 spect to any reviewed year of a partnership— 

11 ‘‘(1) if such adjustments result in an imputed 

12 underpayment, the partnership shall pay an amount 

13 equal to such imputed underpayment in the adjust14 ment year as provided in section 6232, and 

15 ‘‘(2) if such adjustments do not result in an im16 puted underpayment, such adjustments shall be 

17 taken into account by the partnership in the adjust18 ment year.’’. 

19 (2) Section 6225(c) is amended by adding at 

20 the end the following new paragraph: 

21 ‘‘(9) MODIFICATION OF ADJUSTMENTS NOT RE22 SULTING IN AN IMPUTED UNDERPAYMENT.—The 

23 Secretary shall establish procedures under which the 

24 adjustments described in subsection (a)(2) may be 

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1 modified in such manner as the Secretary deter2 mines appropriate.’’. 

3 SEC. 203. ALTERNATIVE PROCEDURE TO FILING AMENDED 

4 RETURNS FOR PURPOSES OF MODIFYING IM5 PUTED UNDERPAYMENT. 

6 (a) IN GENERAL.—Section 6225(c)(2) is amended to 

7 read as follows: 

8 ‘‘(2) PROCEDURES FOR PARTNERS TO TAKE AD9 JUSTMENTS INTO ACCOUNT.— 

10 ‘‘(A) AMENDED RETURNS OF PARTNERS.— 

11 Such procedures shall provide that if— 

12 ‘‘(i) one or more partners file returns 

13 for the taxable year of the partners which 

14 includes the end of the reviewed year of 

15 the partnership (and for any taxable year 

16 with respect to which any tax attribute is 

17 affected by reason of any adjustment re18 ferred to in clause (ii)), 

19 ‘‘(ii) such returns take into account 

20 all adjustments under subsection (a) prop21 erly allocable to such partners (and the ef22 fect of such adjustments on any tax at23 tributes), and 

24 ‘‘(iii) payment of any tax due is in25 cluded with such returns, 

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1 then the imputed underpayment amount shall 

2 be determined without regard to the portion of 

3 the adjustments so taken into account. 

4 ‘‘(B) ALTERNATIVE PROCEDURE TO FIL5 ING AMENDED RETURNS.—Such procedures 

6 shall provide that, with respect to any partner 

7 referred to in subparagraph (A), the require8 ments of subparagraph (A) shall be treated as 

9 satisfied with respect to adjustments properly 

10 allocable to such partner if, in lieu of filing the 

11 returns described in such subparagraph— 

12 ‘‘(i) the amounts described in sub13 paragraph (A)(iii) are paid by the partner, 

14 ‘‘(ii) the partner agrees to take into 

15 account, in the form and manner pre16 scribed by the Secretary, the adjustments 

17 to the tax attributes of such partner re18 ferred to in subparagraph (A)(ii), and 

19 ‘‘(iii) such partner provides, in the 

20 form and manner specified by the Sec21 retary (including, if the Secretary so speci22 fies, in the same form as on an amended 

23 return), such information as the Secretary 

24 may require to carry out this subpara25 graph. 

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1 ‘‘(C) REALLOCATION OF DISTRIBUTIVE

2 SHARE.—In the case of any adjustment which 

3 reallocates the distributive share of any item 

4 from one partner to another, this paragraph 

5 shall apply with respect to any such partner 

6 only if the requirements of subparagraph (A) or 

7 (B) are satisfied with respect to all partners af8 fected by such adjustment. 

9 ‘‘(D) APPLICATION OF STATUTE OF LIMI10 TATIONS.—In the case of adjustments referred 

11 to in subparagraph (A)(ii), sections 6501 and 

12 6511 shall not apply with respect to any return 

13 filed for purposes of subparagraph (A)(i) or any 

14 amount paid under subparagraph (A)(iii) or 

15 (B)(i). 

16 ‘‘(E) ADJUSTMENTS TO TAX ATTRIBUTES

17 BINDING FOR AFFECTED TAXABLE YEARS OF

18 PARTNER.—The adjustments to the tax at19 tributes of any partner provided for in subpara20 graph (A)(ii) or (B)(ii) shall be binding with re21 spect to the taxable year of the partner which 

22 includes the end of the reviewed year of the 

23 partnership and any taxable years for which 

24 any tax attribute is affected by such adjust25 ment. Any failure to so treat any such tax atMarch 21, 2018 (6:08 p.m.)
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1 tribute shall be treated for purposes of this title 

2 in the same manner as a failure to treat a part3 nership-related item in a manner which is con4 sistent with the treatment of such item on the 

5 partnership return within the meaning of sec6 tion 6222. 

7 ‘‘(F) APPLICATION TO PARTNERSHIPS AND

8 S CORPORATIONS IN TIERED STRUCTURES.— 

9 ‘‘(i) IN GENERAL.—In the case of any 

10 partnership any partner of which is a part11 nership, subparagraph (A) or (B) may 

12 apply with respect to any partner (here13 after in this subparagraph referred to as 

14 the ‘relevant partner’) in the chain of own15 ership of such partnerships if— 

16 ‘‘(I) such information as the Sec17 retary may require is furnished to the 

18 Secretary for purposes of carrying out 

19 this paragraph with respect to such 

20 partnerships (including any informa21 tion the Secretary may require with 

22 respect to any chain of ownership of 

23 the relevant partner), and 

24 ‘‘(II) to such extent as the Sec25 retary may require, each partnership 

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1 in the chain of ownership between the 

2 relevant partner and the audited part3 nership satisfies the requirements of 

4 subparagraph (A) or (B). 

5 ‘‘(ii) TREATMENT OF S CORPORA6 TIONS.—For purposes of clause (i), an S 

7 corporation and its shareholders shall be 

8 treated in the same manner as a partner9 ship and its partners.’’. 

10 (b) CONFORMING AMENDMENT.—Section 6201(a)(1) 

11 is amended by inserting ‘‘(or payments under section 

12 6225(c)(2)(B)(i))’’ after ‘‘returns or lists’’. 

13 SEC. 204. TREATMENT OF PASSTHROUGH PARTNERS IN 

14 TIERED STRUCTURES. 

15 (a) IN GENERAL.—Section 6226(b) is amended by 

16 adding at the end the following new paragraph: 

17 ‘‘(4) TREATMENT OF PARTNERSHIPS AND S

18 CORPORATIONS IN TIERED STRUCTURES.— 

19 ‘‘(A) IN GENERAL.—If a partner which re20 ceives a statement under subsection (a)(2) is a 

21 partnership or an S corporation, such partner 

22 shall, with respect to the partner’s share of the 

23 adjustment— 

24 ‘‘(i) file with the Secretary a partner25 ship adjustment tracking report which inMarch 21, 2018 (6:08 p.m.)
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1 cludes such information as the Secretary 

2 may require, and 

3 ‘‘(ii)(I) furnish statements under rules 

4 similar to the rules of subsection (a)(2), or 

5 ‘‘(II) if no such statements are fur6 nished, compute and pay an imputed un7 derpayment under rules similar to the 

8 rules of section 6225 (other than para9 graphs (2), (7), and (9) of subsection (c) 

10 thereof). 

11 ‘‘(B) DUE DATE.—For purposes of sub12 paragraph (A), with respect to a partner’s 

13 share of the adjustment, the partnership adjust14 ment tracking report shall be filed, and the im15 puted underpayment shall be paid or state16 ments shall be furnished, not later than the due 

17 date for the return for the adjustment year of 

18 the audited partnership. 

19 ‘‘(C) PARTNERSHIP PAYMENT OF TAX IF

20 ELECTED OUT OF SUBCHAPTER.—In the case of 

21 a partnership which has elected the application 

22 of section 6221(b) with respect to the taxable 

23 year of the partnership which includes the end 

24 of the reviewed year of the audited partnership, 

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1 this paragraph shall apply notwithstanding such 

2 election. 

3 ‘‘(D) AUDITED PARTNERSHIP.—For pur4 poses of this paragraph, the term ‘audited part5 nership’ means, with respect to any partner de6 scribed in subparagraph (A), the partnership in 

7 the chain of ownership originally electing the 

8 application of this section. 

9 ‘‘(E) TREATMENT OF TRUSTS.—The Sec10 retary shall prescribe such rules as may be nec11 essary with respect to trusts which receive a 

12 statement under subsection (a)(2).’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) Section 6226(b)(1) is amended by striking 

15 ‘‘Each partner’s’’ and inserting ‘‘Except as provided 

16 in paragraph (4), each partner’s’’. 

17 (2) Section 6226(c)(2) is amended by inserting 

18 ‘‘or which is described in subsection 

19 (b)(4)(A)(ii)(I),’’ after ‘‘is elected,’’. 

20 SEC. 205. TREATMENT OF FAILURE OF PARTNERSHIP TO 

21 PAY IMPUTED UNDERPAYMENT. 

22 (a) IN GENERAL.—Section 6232 is amended by add23 ing at the end the following new subsection: 

24 ‘‘(f) FAILURE TO PAY IMPUTED UNDERPAYMENT.— 

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1 ‘‘(1) IN GENERAL.—If any amount of any im2 puted underpayment to which section 6225 applies 

3 or any specified similar amount (or any interest or 

4 penalties with respect to any such amount) has not 

5 been paid by the date which is 10 days after the 

6 date on which the Secretary provides notice and de7 mand for such payment— 

8 ‘‘(A) section 6621(a)(2)(B) shall be ap9 plied by substituting ‘5 percentage points’ for ‘3 

10 percentage points’ with respect to such amount, 

11 and 

12 ‘‘(B) the Secretary may assess upon each 

13 partner of the partnership (determined as of 

14 the close of the adjustment year or, if the part15 nership has ceased to exist as of such time, the 

16 former partners of the partnership as deter17 mined for purposes of section 6241(7)) a tax 

18 equal to such partner’s proportionate share of 

19 such amount (including any such interest or 

20 penalties, determined after application of sub21 paragraph (A)). 

22 ‘‘(2) SPECIFIED SIMILAR AMOUNT.—For pur23 poses of this subsection, the term ‘specified similar 

24 amount’ means— 

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1 ‘‘(A) the amount described in subclause 

2 (II) of section 6226(b)(4)(A)(ii) (including any 

3 failure to satisfy the requirement of subclause 

4 (I) of such section which is treated as a failure 

5 to pay such amount under section 6651(i)), and 

6 ‘‘(B) any amount assessed under para7 graph (1)(B) upon a partner which is a part8 nership. 

9 ‘‘(3) PROPORTIONATE SHARE.—For purposes of 

10 paragraph (1), a partner’s proportionate share is 

11 such percentage as the Secretary may determine on 

12 the basis of such partner’s distributive share. The 

13 Secretary shall make determinations under the pre14 ceding sentence such that the aggregate propor15 tionate shares so determined total 100 percent. 

16 ‘‘(4) COORDINATION WITH PARTNERSHIP LI17 ABILITY.—The liability of the partnership for any 

18 amount with respect to which a partner is made lia19 ble under paragraph (1) shall be reduced upon pay20 ment by the partner of such amount. Paragraph 

21 (1)(B) shall not apply with respect to any amount 

22 after the date on which such amount is paid by the 

23 partnership. 

24 ‘‘(5) S CORPORATIONS.—For purposes of this 

25 subsection, an S corporation and its shareholders 

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1 shall be treated in the same manner as a partner2 ship and its partners. 

3 ‘‘(6) RULES RELATED TO ASSESSMENT AND

4 COLLECTION.— 

5 ‘‘(A) DEFICIENCY PROCEDURES NOT AP6 PLICABLE.—Subchapter B shall not apply to 

7 any assessment or collection under this para8 graph. 

9 ‘‘(B) LIMITATION ON ASSESSMENT.—Ex10 cept as otherwise provided in this subtitle, no 

11 assessment may be made (or proceeding in 

12 court begun without assessment) with respect 

13 to any partner with respect to an amount under 

14 paragraph (1) after the date which is 2 years 

15 after the date on which the Secretary provides 

16 the notice and demand referred to in paragraph 

17 (1) with respect to such amount.’’. 

18 (b) CONFORMING AMENDMENT.—Section 

19 6501(c)(4)(A) is amended by striking ‘‘in this section’’. 

20 SEC. 206. OTHER TECHNICAL CORRECTIONS RELATED TO 

21 PARTNERSHIP AUDIT RULES. 

22 (a) LIMITATION ON AMENDMENT OF STATEMENTS

23 FURNISHED TO PARTNERS NOT APPLICABLE TO PART24 NERSHIPS ELECTING OUT OF PARTNERSHIP AUDIT

25 RULES.—Section 6031(b) is amended by striking the last 

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1 sentence and inserting the following: ‘‘Information re2 quired to be furnished by the partnership under this sub3 section may not be amended after the due date of the re4 turn under subsection (a) to which such information re5 lates, except— 

6 ‘‘(1) in the case of a partnership which has 

7 elected the application of section 6221(b) for the 

8 taxable year, 

9 ‘‘(2) as provided in the procedures under sec10 tion 6225(c), 

11 ‘‘(3) with respect to statements under section 

12 6226, or 

13 ‘‘(4) as otherwise provided by the Secretary.’’. 

14 (b) ADMINISTRATIVE ADJUSTMENT REQUEST AND

15 PARTNERSHIP ADJUSTMENT TRACKING REPORT NOT

16 TREATED AS AMENDED RETURN FOR PURPOSES OF

17 MODIFICATION OF IMPUTED UNDERPAYMENTS.—Section 

18 6225(c)(2), as amended by the preceding provisions of this 

19 Act, is amended by adding at the end the following new 

20 subparagraph: 

21 ‘‘(F) ADJUSTMENTS NOT TREATED AS

22 AMENDED RETURN.—An administrative adjust23 ment request under section 6227 and a partner24 ship adjustment tracking report under section 

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1 6226(b)(4)(A) shall not be treated as a return 

2 for purposes of this paragraph.’’. 

3 (c) AUTHORITY TO REQUIRE E-FILING OF MATE4 RIALS IN CONNECTION WITH MODIFICATION OF IMPUTED

5 UNDERPAYMENTS, ETC.—Section 6241, as amended by 

6 the preceding provisions of this Act, is amended by adding 

7 at the end the following new paragraph: 

8 ‘‘(10) AUTHORITY TO REQUIRE ELECTRONIC

9 FILING.—Notwithstanding section 6011(e), the Sec10 retary may require that anything required to be filed 

11 or submitted under section 6225(c), or to be fur12 nished to or filed with the Secretary under section 

13 6226, be so filed, submitted, or furnished by mag14 netic media or in other machine-readable form.’’. 

15 (d) CLARIFICATION OF ASSESSMENT AUTHORITY.— 

16 Section 6226(a) is amended by inserting ‘‘(and no assess17 ment of tax, levy, or proceeding in any court for the collec18 tion of such underpayment shall be made against such 

19 partnership)’’ after ‘‘section 6225 shall not apply with re20 spect to such underpayment’’. 

21 (e) TREATMENT OF PARTNERSHIP ADJUSTMENTS

22 THAT RESULT IN DECREASE IN TAX IN CASE OF ELEC23 TION TO PUSH OUT ADJUSTMENTS.—Section 6226(b) is 

24 amended— 

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1 (1) by striking ‘‘increased’’ in paragraph (1) 

2 and inserting ‘‘adjusted’’, 

3 (2) by striking ‘‘adjustment amounts’’ each 

4 place it appears in paragraphs (1) and (2) and in5 serting ‘‘correction amounts’’, 

6 (3) by striking ‘‘increase’’ each place it appears 

7 in subparagraphs (A) and (B) of paragraph (2) and 

8 inserting ‘‘increase or decrease’’, 

9 (4) by striking ‘‘plus’’ at the end of paragraph 

10 (2)(A) and inserting ‘‘and’’, and 

11 (5) by striking ‘‘ADJUSTMENT AMOUNTS’’ in 

12 the heading of paragraph (2) and inserting ‘‘COR13 RECTION AMOUNTS’’. 

14 (f) COORDINATION OF STATUTE OF LIMITATION ON

15 FILING ADMINISTRATION ADJUSTMENT REQUEST WITH

16 ADJUSTMENTS RELATED TO FOREIGN TAX CREDITS.— 

17 Section 6227 is amended by adding at the end the fol18 lowing new subsection: 

19 ‘‘(d) COORDINATION WITH ADJUSTMENTS RELATED

20 TO FOREIGN TAX CREDITS.—The Secretary shall issue 

21 regulations or other guidance which provide for the proper 

22 coordination of this section and section 905(c).’’. 

23 (g) CLARIFICATION OF ASSESSMENT OF IMPUTED

24 UNDERPAYMENTS.— 

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1 (1) IN GENERAL.—Section 6232(a) is amended 

2 by striking ‘‘except that in the case of’’ and all that 

3 follows and inserting the following: ‘‘except that— 

4 ‘‘(1) subchapter B of chapter 63 shall not 

5 apply, and 

6 ‘‘(2) in the case of an administrative adjust7 ment request to which section 6227(b)(1) applies, 

8 the underpayment shall be paid and may be assessed 

9 when the request is filed.’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 6232(b) is amended— 

12 (A) by striking ‘‘assessment of a defi13 ciency’’ and inserting ‘‘assessment of an im14 puted underpayment’’, and 

15 (B) by adding at the end the following new 

16 flush matter: 

17 ‘‘The preceding sentence shall not apply in the case of a 

18 specified similar amount (as defined in subsection 

19 (f)(2)).’’. 

20 (h) TIME LIMITATION FOR NOTICE OF PROPOSED

21 ADJUSTMENT.— 

22 (1) IN GENERAL.—Section 6231 is amended by 

23 redesignating subsections (b) and (c) as subsections 

24 (c) and (d), respectively, and by inserting after sub25 section (a) the following new subsection: 

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1 ‘‘(b) TIMING OF NOTICES.— 

2 ‘‘(1) NOTICE OF PROPOSED PARTNERSHIP AD3 JUSTMENT.—Any notice of a proposed partnership 

4 adjustment shall not be mailed later than the date 

5 determined under section 6235 (determined without 

6 regard to paragraphs (2) and (3) of subsection (a) 

7 thereof). 

8 ‘‘(2) NOTICE OF FINAL PARTNERSHIP ADJUST9 MENT.— 

10 ‘‘(A) IN GENERAL.—Except to the extent 

11 that the partnership elects to waive the applica12 tion of this subparagraph, any notice of a final 

13 partnership adjustment shall not be mailed ear14 lier than 270 days after the date on which the 

15 notice of the proposed partnership adjustment 

16 is mailed. 

17 ‘‘(B) STATUTE OF LIMITATIONS ON AD18 JUSTMENT.—For the period of limitations on 

19 making adjustments, see section 6235.’’. 

20 (2) CONFORMING AMENDMENT.—Section 

21 6231(a) is amended by striking ‘‘Any notice of a 

22 final partnership adjustment’’ and all that follows 

23 through ‘‘Such notices’’ and inserting ‘‘Any notice of 

24 a final partnership adjustment’’. 

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1 (i) DEPOSIT TO SUSPEND INTEREST ON IMPUTED

2 UNDERPAYMENT.—Section 6233 is amended by adding at 

3 the end the following new subsection: 

4 ‘‘(c) DEPOSIT TO SUSPEND INTEREST.—For rules al5 lowing deposits to suspend running of interest on potential 

6 underpayments, see section 6603.’’. 

7 (j) DEPOSIT TO MEET JURISDICTIONAL REQUIRE8 MENT.—The first sentence of section 6234(b) is amended 

9 by striking ‘‘the amount of the imputed underpayment (as 

10 of the date of the filing of the petition)’’ and inserting 

11 ‘‘the amount of (as of the date of the filing of the petition) 

12 the imputed underpayment, penalties, additions to tax, 

13 and additional amounts with respect to such imputed un14 derpayment’’. 

15 (k) CORRECTIONS RELATED TO PERIOD OF LIMITA16 TION ON MAKING ADJUSTMENTS.— 

17 (1) Section 6235(a) is amended— 

18 (A) by inserting ‘‘or section 905(c)’’ after 

19 ‘‘Except as otherwise provided in this section’’, 

20 and 

21 (B) by striking ‘‘subpart’’ and inserting 

22 ‘‘subchapter’’. 

23 (2) Section 6235(a)(3) is amended by striking 

24 ‘‘section 6225(c)(7)’’ and inserting ‘‘section 

25 6225(c)(7))’’. 

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1 (3) Section 6235(c)(2) is amended by striking 

2 ‘‘section 6501(e)(1)(A)’’ and inserting ‘‘subpara3 graph (A) or (C) of section 6501(e)(1)’’. 

4 (4) Section 6235(c) is amended by adding at 

5 the end the following new subparagraphs: 

6 ‘‘(5) INFORMATION REQUIRED TO BE RE7 PORTED.—In the case of a partnership that is re8 quired to report any information described in section 

9 6501(c)(8), the time for making any adjustment 

10 under this subchapter with respect to any tax re11 turn, event, or period to which such information re12 lates shall not expire before the date that is deter13 mined under section 6501(c)(8). 

14 ‘‘(6) LISTED TRANSACTIONS.—If a partnership 

15 fails to include on any return or statement any in16 formation with respect to a listed transaction as de17 scribed in section 6501(c)(10), the time for making 

18 any adjustment under this subchapter with respect 

19 to such transaction shall not expire before the date 

20 that is determined under section 6501(c)(10).’’. 

21 (5) Section 6235 is amended by striking sub22 section (d). 

23 (l) TREATMENT OF SPECIAL ENFORCEMENT MAT24 TERS.—Section 6241, as amended by the preceding proviMarch 21, 2018 (6:08 p.m.)
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1 sions of this Act, is amended by adding at the end the 

2 following new paragraph: 

3 ‘‘(11) TREATMENT OF SPECIAL ENFORCEMENT

4 MATTERS.— 

5 ‘‘(A) IN GENERAL.—In the case of part6 nership-related items which involve special en7 forcement matters, the Secretary may prescribe 

8 regulations pursuant to which— 

9 ‘‘(i) this subchapter (or any portion 

10 thereof) does not apply to such items, and 

11 ‘‘(ii) such items are subject to such 

12 special rules (including rules related to as13 sessment and collection) as the Secretary 

14 determines to be necessary for the effective 

15 and efficient enforcement of this title. 

16 ‘‘(B) SPECIAL ENFORCEMENT MATTERS.— 

17 For purposes of subparagraph (A), the term 

18 ‘special enforcement matters’ means— 

19 ‘‘(i) failure to comply with the re20 quirements of section 6226(b)(4)(A)(ii), 

21 ‘‘(ii) assessments under section 6851 

22 (relating to termination assessments of in23 come tax) or section 6861 (relating to 

24 jeopardy assessments of income, estate, 

25 gift, and certain excise taxes), 

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1 ‘‘(iii) criminal investigations, 

2 ‘‘(iv) indirect methods of proof of in3 come, 

4 ‘‘(v) foreign partners or partnerships, 

5 and 

6 ‘‘(vi) other matters that the Secretary 

7 determines by regulation present special 

8 enforcement considerations.’’. 

9 (m) UNITED STATES SHAREHOLDERS AND CERTAIN

10 OTHER PERSONS TREATED AS PARTNERS.—Section 

11 6241, as amended by the preceding provisions of this Act, 

12 is amended by adding at the end the following new para13 graph: 

14 ‘‘(12) UNITED STATES SHAREHOLDERS AND

15 CERTAIN OTHER PERSONS TREATED AS PART16 NERS.— 

17 ‘‘(A) IN GENERAL.—Except as otherwise 

18 provided by the Secretary, in the case of any 

19 controlled foreign corporation (as defined in 

20 section 957 or 953(c)(1)) which is a partner of 

21 a partnership, each United States shareholder 

22 (as defined in section 951(b) or 953(c)(1)) with 

23 respect to such controlled foreign corporation 

24 shall be treated for purposes of this subchapter 

25 as a partner of such partnership. For purposes 

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1 of the preceding sentence, any distributive 

2 share of any such United States shareholder 

3 with respect to such partnership shall, except as 

4 otherwise provided by the Secretary, be equal to 

5 such United States shareholder’s pro rata share 

6 with respect to such controlled foreign corpora7 tion (determined under rules similar to the 

8 rules of section 951(a)(2)). 

9 ‘‘(B) PASSIVE FOREIGN INVESTMENT COM10 PANIES.—For purposes of subparagraph (A), in 

11 the case of a passive foreign investment com12 pany (as defined in section 1297), each tax13 payer that makes an election under section 

14 1295 with respect to such company shall be 

15 treated in the same manner as United States 

16 shareholders under subparagraph (A), except 

17 that such taxpayer’s pro rata share with respect 

18 to the passive foreign investment company shall 

19 be determined under rules similar to the rules 

20 of section 1293(b). 

21 ‘‘(C) REGULATIONS OR OTHER GUID22 ANCE.—The Secretary shall issue such regula23 tions or other guidance as is necessary or ap24 propriate to carry out the purposes of this para25 graph, including regulations which apply the 

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1 rules of subparagraph (A) in similar cir2 cumstances or with respect to similarly situated 

3 persons.’’. 

4 (n) PENALTIES RELATED TO ADMINISTRATIVE AD5 JUSTMENT REQUESTS AND PARTNERSHIP ADJUSTMENT

6 TRACKING REPORTS.— 

7 (1) FAILURE TO PAY.—Section 6651 is amend8 ed by redesignating subsection (i) as subsection (j) 

9 and by inserting after subsection (h) the following 

10 new subsection: 

11 ‘‘(i) APPLICATION TO IMPUTED UNDERPAYMENT.— 

12 For purposes of this section, any failure to comply with 

13 section 6226(b)(4)(A)(ii) shall be treated as a failure to 

14 pay the amount described in subclause (II) thereof and 

15 such amount shall be treated for purposes of this section 

16 as an amount shown as tax on a return specified in sub17 section (a)(1).’’. 

18 (2) FAILURE TO FILE PARTNERSHIP ADJUST19 MENT TRACKING REPORT.—Section 6698(a) is 

20 amended— 

21 (A) in the matter preceding paragraph (1) 

22 by inserting ‘‘, or a partnership adjustment 

23 tracking report under section 6226(b)(4)(A),’’ 

24 after ‘‘under section 6031’’, 

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1 (B) in paragraph (1) by inserting ‘‘, or 

2 such report,’’ after ‘‘such return’’, and 

3 (C) in paragraph (2)— 

4 (i) by inserting ‘‘or a report’’ after ‘‘a 

5 return’’, and 

6 (ii) by inserting ‘‘or 6226(b)(4)(A), 

7 respectively’’ before the comma at the end. 

8 (3) TAX RETURN PREPARER RELATED PEN9 ALTIES.—Section 6696(e)(1) is amended by insert10 ing ‘‘, any administrative adjustment request under 

11 section 6227, and any partnership adjustment track12 ing report under section 6226(b)(4)(A)’’ before the 

13 period at the end. 

14 (4) FRIVOLOUS TAX SUBMISSIONS.—Section 

15 6702 is amended by adding at the end the following 

16 new subsection: 

17 ‘‘(f) PARTNERSHIP ADJUSTMENTS.—An administra18 tive adjustment request under section 6227 and a partner19 ship adjustment tracking report under section 

20 6226(b)(4)(A) shall be treated as a return for purposes 

21 of this section.’’. 

22 (o) ADJUSTED SCHEDULE K–1 TREATED AS PAYEE

23 STATEMENT.—Section 6724(d)(2) is amended by striking 

24 ‘‘or’’ at the end of subparagraph (HH), by striking the 

25 period at the end of subparagraph (II) and inserting ‘‘, 

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1 or’’, and by inserting after subparagraph (II) the following 

2 new subparagraph: 

3 ‘‘(JJ) section 6226(a)(2) (relating to state4 ments relating to alternative to payment of im5 puted underpayment by partnership) or under 

6 any other provision of this title which provides 

7 for the application of rules similar to such sec8 tion.’’. 

9 (p) OTHER CLERICAL CORRECTIONS.— 

10 (1) Section 6225(c)(7) is amended by striking 

11 ‘‘submitted pursuant to paragraph (1)’’ and insert12 ing ‘‘filed or submitted under this subsection’’. 

13 (2) Section 6227(b) is amended by striking ‘‘is 

14 made’’ both places it appears and inserting ‘‘is 

15 filed’’. 

16 (3) Section 6227(b)(1) is amended by striking 

17 ‘‘paragraphs (2), (6), and (7)’’ and inserting ‘‘para18 graphs (2), (7), and (9)’’. 

19 (4) Section 6232(b) is amended by striking 

20 ‘‘this chapter’’ and inserting ‘‘this subtitle (other 

21 than subchapter B of this chapter)’’. 

22 (5) Section 6232(d)(1)(A) is amended by strik23 ing ‘‘a item’’ and inserting ‘‘an item’’. 

24 (6) Section 6232(e) is amended by striking 

25 ‘‘thereof’’. 

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1 (7) Section 6241(5) is amended by striking 

2 ‘‘sections 6234’’ and inserting ‘‘section 6234’’. 

3 (8) Section 7485(b) is amended by striking ‘‘a 

4 partner’’ and inserting ‘‘the partnership’’. 

5 (9) The heading of the first part of subchapter 

6 C of chapter 63 is amended to read as follows: 

7 ‘‘PART I—IN GENERAL’’. 

8 (10) The heading of the second part of sub9 chapter C of chapter 63 is amended to read as fol10 lows: 

11 ‘‘PART II—PARTNERSHIP ADJUSTMENTS’’. 

12 (11) The heading of the third part of sub13 chapter C of chapter 63 is amended to read as fol14 lows: 

15 ‘‘PART III—PROCEDURE’’. 

16 (12) The heading of the fourth part of sub17 chapter C of chapter 63 is amended to read as fol18 lows: 

19 ‘‘PART IV—DEFINITIONS AND SPECIAL RULES’’. 

20 SEC. 207. EFFECTIVE DATE. 

21 The amendments made by this title shall take effect 

22 as if included in section 1101 of the Bipartisan Budget 

23 Act of 2015. 

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1 TITLE III—OTHER CORRECTIONS 

2 SEC. 301. AMENDMENTS RELATING TO THE BIPARTISAN 

3 BUDGET ACT OF 2015. 

4 (a) AMENDMENTS RELATING TO SECTION 1101.— 

5 (1) Section 6011(e) is amended by adding at 

6 the end the following new paragraph: 

7 ‘‘(5) SPECIAL RULES FOR PARTNERSHIPS.— 

8 ‘‘(A) PARTNERSHIPS PERMITTED TO BE

9 REQUIRED TO FILE ON MAGNETIC MEDIA.—In 

10 the case of a partnership, paragraph (2)(A) 

11 shall be applied by substituting for ‘250’ the 

12 following amount: 

13 ‘‘(i) In the case of returns and state14 ments relating to calendar year 2018, 

15 ‘200’. 

16 ‘‘(ii) In the case of returns and state17 ments relating to calendar year 2019, 

18 ‘150’. 

19 ‘‘(iii) In the case of returns and state20 ments relating to calendar year 2020, 

21 ‘100’. 

22 ‘‘(iv) In the case of returns and state23 ments relating to calendar year 2021, ‘50’. 

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1 ‘‘(v) In the case of returns and state2 ments relating to calendar years after 

3 2021, ‘20’. 

4 ‘‘(B) PARTNERSHIPS REQUIRED TO FILE

5 ON MAGNETIC MEDIA.—Notwithstanding sub6 paragraph (A) and paragraph (2)(A), the Sec7 retary shall require partnerships having more 

8 than 100 partners to file returns on magnetic 

9 media.’’. 

10 (2) Section 6011(e)(2) is amended by striking 

11 the last sentence. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect as if included in section 1101 

14 of the Bipartisan Budget Act of 2015. 

15 SEC. 302. AMENDMENTS RELATING TO THE ENERGY POL16 ICY ACT OF 2005. 

17 (a) AMENDMENTS RELATING TO SECTION 1253.— 

18 (1) Subclause (II) of section 168(e)(3)(B)(vi) is 

19 amended by striking ‘‘is a qualifying small power 

20 production facility’’ and all that follows and insert21 ing ‘‘has a power production capacity of not greater 

22 than 80 megawatts, or’’. 

23 (2) The last sentence of section 168(e)(3)(B) is 

24 amended by striking ‘‘clause (vi)(I)’’ and all that folMarch 21, 2018 (6:08 p.m.)
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1 lows and inserting ‘‘subclause (I) or (II) of clause 

2 (vi) by reason of being public utility property.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to property placed in service after 

5 the date of the enactment of this Act. 

6 TITLE IV—CLERICAL 

7 CORRECTIONS AND DEADWOOD 

8 SEC. 401. CLERICAL CORRECTIONS AND DEADWOOD-RE9 LATED PROVISIONS. 

10 (a) CLERICAL CORRECTIONS.— 

11 (1) The table of subchapters for chapter 1 is 

12 amended by moving the item relating to subchapter 

13 R before the item relating to subchapter S. 

14 (2)(A) Sections 22(c)(3)(A)(i)(III), 

15 104(b)(2)(D), 140(a)(3), and 149(b)(3)(A)(i) are 

16 each amended by striking ‘‘Veterans’ Administra17 tion’’ and inserting ‘‘Department of Veterans Af18 fairs’’. 

19 (B) The heading of section 4980H(c)(2)(F) is 

20 amended by striking ‘‘VETERANS ADMINISTRATION’’ 

21 and inserting ‘‘DEPARTMENT OF VETERANS AF22 FAIRS’’. 

23 (C) Section 6050H(h)(3)(B)(i) is amended by 

24 striking ‘‘Veterans Administration’’ and inserting 

25 ‘‘Department of Veterans Affairs’’. 

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1 (3) Section 24(d) is amended by redesignating 

2 paragraph (5) as paragraph (3). 

3 (4) Section 25C(b)(2) is amended by striking 

4 ‘‘subsection (c)(2)(B)’’ and inserting ‘‘subsection 

5 (c)(3)(B)’’. 

6 (5) Section 25C(d)(3) is amended— 

7 (A) by striking the period at the end of 

8 subparagraph (B) and inserting a comma, and 

9 (B) by striking the period at the end of 

10 subparagraph (D) and inserting ‘‘, and’’. 

11 (6) Section 25C(g)(2) is amended by striking 

12 ‘‘2017..’’ and inserting ‘‘2017.’’. 

13 (7) The table of sections for subpart D of part 

14 IV of subchapter A of chapter 1 is amended— 

15 (A) by striking the item relating to section 

16 41 which relates to the employee stock owner17 ship credit, and 

18 (B) by moving the item relating to section 

19 45K after the item relating to section 45J. 

20 (8) Section 38(b)(34) is amended by adding a 

21 comma at the end. 

22 (9) The heading of section 40(g)(2) is amended 

23 by striking ‘‘AGGREGRATION’’ and inserting ‘‘AG24 GREGATION’’. 

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1 (10) The heading of section 42(e)(2)(B) is 

2 amended by striking ‘‘ETC,’’ and inserting ‘‘ETC.,’’. 

3 (11)(A) Section 42(d)(4)(C)(i) is amended by 

4 striking ‘‘as defined in paragraph (5)(C)’’ and in5 serting ‘‘as defined in paragraph (5)(B)(ii)’’. 

6 (B) Section 42(f)(5)(B)(ii)(I) is amended by 

7 striking ‘‘(d)(6)(C)’’ and inserting ‘‘(d)(6)(B)’’. 

8 (C) Section 42(k)(2)(B) is amended— 

9 (i) by striking ‘‘(d)(6)(B)’’ and inserting 

10 ‘‘(d)(6)(C)’’, and 

11 (ii) by striking ‘‘building..’’ in clause (ii) 

12 and inserting ‘‘building.’’. 

13 (D) Section 42(m)(1)(B)(ii)(III) is amended by 

14 striking ‘‘as defined in subsection (d)(5)(C)’’ and in15 serting ‘‘as defined in subsection (d)(5)(B)(ii)’’. 

16 (12) Section 42(h)(5)(C)(ii) is amended by 

17 striking ‘‘; and’’ and inserting ‘‘, and’’. 

18 (13) Section 42(i)(3)(D)(ii)(I) is amended by 

19 striking the period at the end. 

20 (14) Section 45(c)(6) is amended by striking 

21 ‘‘section 2(27)’’ and inserting ‘‘section 1004(27)’’. 

22 (15) Section 45(c)(7)(A)(i)(II) is amended by 

23 striking ‘‘for purpose’’ and inserting ‘‘for the pur24 pose’’. 

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1 (16) Section 45(c)(7)(A)(i)(III) is amended by 

2 striking the period at the end and inserting ‘‘, or’’. 

3 (17) Section 45C(b)(2)(A)(ii)(II) is amended by 

4 striking ‘‘; and’’ and inserting ‘‘, and’’. 

5 (18) Section 45D(f)(1)(F) is amended by add6 ing ‘‘, and’’ at the end. 

7 (19) Section 45H(d) is amended by striking 

8 ‘‘purposes this’’ and inserting ‘‘purposes of this’’. 

9 (20) Section 48(a)(1) is amended by striking 

10 ‘‘(3)(B), and (4)(B)’’ and inserting ‘‘and (3)(B)’’. 

11 (21) Section 48(a)(6)(B) is amended by strik12 ing ‘‘property energy property’’ and inserting ‘‘en13 ergy property’’. 

14 (22) Section 48(c)(2)(B) is amended by striking 

15 ‘‘equal $200’’ and inserting ‘‘equal to $200’’. 

16 (23) Section 48(d)(3) is amended— 

17 (A) by striking ‘‘shall’’ in the matter that 

18 precedes subparagraph (A), and 

19 (B) by inserting ‘‘shall’’ before ‘‘not’’ in 

20 subparagraph (A). 

21 (24) Section 49(a)(1)(D)(iii) is amended by 

22 striking ‘‘share-holder’’ in the last sentence and in23 serting ‘‘shareholder’’. 

24 (25) Section 50(b)(2)(A) is amended by strik25 ing the period at the end and inserting a semicolon. 

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1 (26) Section 51(c)(4) is amended by adding a 

2 period at the end. 

3 (27) Section 51(d)(3)(A)(ii)(II) is amended by 

4 adding a comma at the end. 

5 (28) Section 51(d)(8) is amended by striking 

6 ‘‘FOOD STAMP RECIPIENT’’ in the heading thereof 

7 and inserting ‘‘SUPPLEMENTAL NUTRITION ASSIST8 ANCE PROGRAM BENEFITS RECIPIENT’’. 

9 (29) Section 51(i)(1)(A) is amended by striking 

10 ‘‘entity,’’ and inserting ‘‘entity’’. 

11 (30) Section 58(a)(2)(A) is amended by striking 

12 ‘‘461(j)’’ and inserting ‘‘461(k)’’. 

13 (31) Section 62(a)(20) is amended by inserting 

14 a comma after ‘‘United States Code’’. 

15 (32) Section 62(e)(1) is amended by striking 

16 ‘‘(2 U.S.C. 1202)’’ and inserting ‘‘(42 U.S.C. 

17 2000e–16b)’’. 

18 (33) Section 68(b)(2) is amended by striking 

19 ‘‘shall be shall be’’ and inserting ‘‘shall be’’. 

20 (34) The heading of section 82 is amended by 

21 striking ‘‘FOR EXPENSES OF MOVING’’ and insert22 ing ‘‘OF MOVING EXPENSES’’. 

23 (35) The heading of section 84 is amended by 

24 striking ‘‘POLITICAL ORGANIZATION’’ and insert25 ing ‘‘POLITICAL ORGANIZATIONS’’. 

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1 (36) Section 105(h)(7)(B) is amended by strik2 ing ‘‘subparagraph (A)’’ and inserting ‘‘subpara3 graph (A))’’. 

4 (37) Section 125(e)(2) is amended by striking 

5 ‘‘subparagraphs’’ and inserting ‘‘subparagraph’’. 

6 (38) Section 132(c)(4) is amended by striking 

7 ‘‘peforming’’ and inserting ‘‘performing’’. 

8 (39) Section 134(b)(6) is amended by striking 

9 ‘‘an combat’’ and inserting ‘‘a combat’’. 

10 (40) Section 137(c) is amended by striking 

11 ‘‘section 514’’ in the second sentence and inserting 

12 ‘‘section 541’’. 

13 (41) Section 139(c)(2) is amended by striking 

14 ‘‘federally’’ and inserting ‘‘a federally’’. 

15 (42) Section 139E(c)(1) is amended by striking 

16 ‘‘(43 U.S.C. 1601, et seq.)’’ and inserting ‘‘(43 

17 U.S.C. 1601 et seq.)’’. 

18 (43) Section 139E(c)(3) is amended by striking 

19 ‘‘2013’’ and inserting ‘‘2014’’. 

20 (44) Section 3(a) of the Tribal General Welfare 

21 Exclusion Act of 2014 is amended by striking ‘‘sub22 section’’ and inserting ‘‘section’’. 

23 (45) Section 4(c) of such Act is amended by 

24 striking ‘‘subsection’’ and inserting ‘‘section’’. 

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1 (46) The item relating to section 143 in the 

2 table of sections for subpart A of part IV of sub3 chapter B of chapter 1 is amended to read as fol4 lows: 

‘‘Sec. 143. Mortgage revenue bonds; qualified mortgage bond and qualified veterans’ mortgage bond.’’. 

5 (47) Section 142(d)(2)(C) is amended by insert6 ing ‘‘section’’ before ‘‘42(i)(3)(D)’’. 

7 (48) Section 163(e)(5)(C)(ii) is amended by in8 serting ‘‘in’’ before ‘‘subsection (i)(1)(B)’’. 

9 (49) Section 168(d)(3)(B)(i) is amended by in10 serting a comma after ‘‘real property’’. 

11 (50) Section 168(e)(3)(C)(i) is amended by 

12 striking ‘‘and’’. 

13 (51) Section 169(d)(5)(B) is amended by in14 serting ‘‘a’’ before ‘‘facility’’. 

15 (52) Section 170(b)(1)(A)(ix) is amended by in16 serting ‘‘National’’ before ‘‘Agricultural’’. 

17 (53) Section 172(d)(5) is amended by striking 

18 ‘‘section 243’’ and inserting ‘‘sections 243’’. 

19 (54) Section 179D(d)(1)(B) is amended by 

20 striking ‘‘which’’ and inserting ‘‘such that’’. 

21 (55) Section 219(f)(1) is amended by striking 

22 ‘‘term compensation includes’’ in the last sentence 

23 and inserting ‘‘term ‘compensation’ includes’’. 

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1 (56) Section 219(g)(8) is amended by striking 

2 ‘‘shall each be’’ and inserting ‘‘shall be’’. 

3 (57) Section 223(c)(2)(C) is amended by strik4 ing ‘‘section 1871’’ and inserting ‘‘section 1861’’. 

5 (58) Section 223(d)(2)(A) is amended by strik6 ing ‘‘section 213(d)’’ and inserting ‘‘section 

7 213(d))’’. 

8 (59) The item relating to section 280H in the 

9 table of sections for part IX of subchapter B of 

10 chapter 1 is amended to read as follows: 

‘‘Sec. 280H. Limitation on certain amounts paid to employee-owners by personal service corporations electing alternative taxable years.’’. 

11 (60) Subparagraphs (F) and (G) of section 

12 263(a)(1) are each amended by striking the semi13 colon at the end and inserting a comma. 

14 (61) Section 263(a)(1) is amended by redesig15 nating subparagraphs (I) through (L) as subpara16 graphs (H) through (K), respectively. 

17 (62) Section 280C(a) is amended by striking 

18 ‘‘and 1396(a),’’ and inserting ‘‘1396(a),’’. 

19 (63) The heading of section 331 is amended by 

20 striking ‘‘SHAREHOLDERS’’ and inserting 

21 ‘‘SHAREHOLDER’’. 

22 (64) Section 338(h)(3)(A)(iii) is amended by 

23 striking ‘‘paragaraph’’ and inserting ‘‘paragraph’’. 

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1 (65) The second sentence of section 

2 355(h)(2)(B) is amended by striking ‘‘of assets’’. 

3 (66) The heading of subpart C of part III of 

4 subchapter C of chapter 1 is amended by striking 

5 ‘‘Corporation’’ and inserting ‘‘Corporations’’. 

6 (67) Section 362(a) is amended by striking the 

7 comma after ‘‘acquired’’. 

8 (68) Section 368(a)(2)(F)(vii) is amended by 

9 striking ‘‘(15 U.S.C. 80a-2(36))’’ and inserting ‘‘(15 

10 U.S.C. 80a–2(a)(36))’’. 

11 (69) Section 401(a)(2) is amended by striking 

12 ‘‘determination).;’’ and inserting ‘‘determination));’’. 

13 (70) Section 401(a)(15) is amended by striking 

14 ‘‘a trust’’ and inserting ‘‘A trust’’. 

15 (71) Section 401(a)(32)(A) is amended by 

16 striking ‘‘section section’’ both places it appears and 

17 inserting ‘‘section’’. 

18 (72) Section 401(c)(2)(A)(iii) is amended by 

19 striking ‘‘sections 3121(d)(3)(A), (C), or (D), with20 out regard to paragraph (2) of section 1402(c)’’ and 

21 inserting ‘‘subparagraph (A), (C), or (D) of section 

22 3121(d)(3), without regard to section 1402(c)(2)’’. 

23 (73) Section 402(i) is amended by striking 

24 ‘‘subparagraph (A) of subsection (d)(4)’’ and insert25 ing ‘‘subsection (e)(4)(D)(i)’’. 

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1 (74) Section 404A(c)(4)(B) is amended by 

2 striking ‘‘and’’ at the end. 

3 (75) Section 408(a)(1) is amended by inserting 

4 ‘‘or’’ after ‘‘subsection (d)(3)’’. 

5 (76) Section 408(m)(3)(B) is amended by strik6 ing ‘‘section 7’’ and inserting ‘‘section 5’’. 

7 (77) Section 408A(d)(3)(B) is amended by add8 ing a period at the end. 

9 (78) Section 408A(e)(2)(B) is amended by 

10 striking ‘‘the subparagraph (A)’’ and inserting ‘‘sub11 paragraph (A)’’. 

12 (79) Section 409(n)(1)(A)(i) is amended by 

13 striking ‘‘securities,,,’’ and inserting ‘‘securities,’’. 

14 (80) Section 409A(b)(3)(B)(i) is amended by 

15 striking the semicolon at the end and inserting a 

16 comma. 

17 (81) The item relating to section 413 in the 

18 table of sections for subpart B of part I of sub19 chapter D of chapter 1 is amended to read as fol20 lows: 

‘‘Sec. 413. Collectively bargained plans, etc.’’. 

21 (82) Section 411(a)(4)(A) is amended by strik22 ing the comma at the end and inserting a semicolon. 

23 (83) Section 412(c)(1)(A) is amended by add24 ing a period at the end. 

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1 (84) Section 412(c)(4)(B) is amended by insert2 ing ‘‘section’’ before ‘‘433(d)’’. 

3 (85) Section 412(c)(7)(B)(iii) is amended by 

4 striking the comma after ‘‘subchapter D’’. 

5 (86) Section 413(b)(6) is amended by striking 

6 ‘‘and the last sentence of section 4971(a)’’ in the 

7 last sentence and inserting ‘‘and section 4971(e)’’. 

8 (87) Section 414(l)(2)(G) is amended by strik9 ing ‘‘BANKS’’ in the heading thereof and inserting 

10 ‘‘DEPOSITORY INSTITUTIONS’’. 

11 (88) Section 414(u)(6) is amended by striking 

12 ‘‘section 457(b))’’ and inserting ‘‘section 457(b)))’’. 

13 (89) Section 414(x)(1) is amended by striking 

14 ‘‘are’’ and inserting ‘‘is’’. 

15 (90) Section 414(y)(1)(C)(i) is amended by 

16 striking ‘‘of such Code’’. 

17 (91) Section 414(y)(2) is amended by striking 

18 ‘‘subparagraph’’ and inserting ‘‘subparagraphs’’. 

19 (92) Section 418E is amended by striking ‘‘sub20 section 432(b)(2)’’ each place it appears and insert21 ing ‘‘section 432(b)(2)’’. 

22 (93) Section 418E(d)(1), as amended by the 

23 preceding paragraph, is amended— 

24 (A) by striking ‘‘section 432(b)(2),,’’ and 

25 inserting ‘‘section 432(b)(2),’’, 

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1 (B) by striking ‘‘section 432(b)(2),)’’ and 

2 inserting ‘‘section 432(b)(2))’’, and 

3 (C) by striking ‘‘compare the value of plan 

4 assets’’ and all that follows through ‘‘for that 

5 plan year with’’ and inserting ‘‘compare the 

6 value of plan assets for that plan year with’’. 

7 (94) Section 418E(e)(1)(A) is amended to read 

8 as follows: 

9 ‘‘(A) notify the Secretary and the parties 

10 described in section 101(f)(1) of the Employee 

11 Retirement Income Security Act of 1974 of that 

12 determination, and’’. 

13 (95) The table of subparts for part I of sub14 chapter D of chapter 1 is amended by striking the 

15 item relating to subpart C and inserting the fol16 lowing: 

‘‘SUBPART C—INSOLVENT PLANS’’. 

17 (96) Section 419A(c)(6)(B) is amended by 

18 striking ‘‘(42 U.S.C. 300gg-91(d)(3))’’ and inserting 

19 ‘‘(42 U.S.C. 300gg–91(d)(3)))’’. 

20 (97) Section 420(c)(1)(A) is amended by strik21 ing ‘‘subsection (e)(1)(D)’’ and inserting ‘‘subsection 

22 (e)(1)(E)’’. 

23 (98) Section 424(g) is amended by striking 

24 ‘‘section 422(a)(2)’’ and inserting ‘‘sections 

25 422(a)(2)’’. 

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1 (99) Section 430(c)(7)(E)(v)(II) is amended by 

2 inserting ‘‘the’’ after ‘‘title I of’’. 

3 (100) Section 430(h)(2)(F) is amended by 

4 striking ‘‘section 417(e)(3)(D)(i)’’ and inserting 

5 ‘‘section 417(e)(3)(D)’’. 

6 (101) Section 431(d)(2)(B)(i) is amended by 

7 striking ‘‘this Act’’ and inserting ‘‘the Pension Pro8 tection Act of 2006’’. 

9 (102) Section 432(b)(3)(A)(i) is amended by 

10 striking ‘‘in endangered status for such plan year’’ 

11 and all that follows through ‘‘, whether or not’’ and 

12 inserting the following: ‘‘in endangered status for 

13 such plan year, or would be in endangered status for 

14 such plan year but for paragraph (5), whether or 

15 not’’. 

16 (103) Section 432(b)(3)(B) is amended by re17 designating the clause (iv) relating to projections of 

18 critical and declining status as clause (v). 

19 (104) Section 432(b)(3)(D)(iv) is amended by 

20 inserting a comma after ‘‘Labor’’. 

21 (105) Section 432(e)(8)(C)(iii) is amended by 

22 striking ‘‘the Secretary shall’’ and inserting ‘‘The 

23 Secretary shall’’. 

24 (106) So much of the text of section 432(f)(3) 

25 as precedes subparagraph (A) is amended to read as 

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1 follows: ‘‘During the period beginning on the date of 

2 the certification under subsection (b)(3)(A) for the 

3 initial critical year and ending on the date of the 

4 adoption of a rehabilitation plan—’’. 

5 (107) Section 432(g)(1) is amended by striking 

6 ‘‘subsection (e)(9))’’ and inserting ‘‘subsection 

7 (e)(9)’’. 

8 (108) Section 433(c)(5)(C)(ii)(II) is amended 

9 by inserting ‘‘of such Act’’ after ‘‘title IV’’. 

10 (109)(A) The heading for section 433 is amend11 ed by inserting ‘‘FOR CSEC PLANS’’ after ‘‘FUND12 ING STANDARDS’’. 

13 (B) The table of sections for subpart A of part 

14 III of subchapter D of chapter 1 is amended by add15 ing at the end the following new item: 

‘‘Sec. 433. Minimum funding standards for CSEC plans.’’. 

16 (110) The item relating to section 436 in the 

17 table of sections for subpart B of part III of sub18 chapter D of chapter 1 is amended to read as fol19 lows: 

‘‘Sec. 436. Funding-based limits on benefits and benefit accruals under singleemployer plans.’’. 

20 (111) The heading of section 453B is amended 

21 by striking ‘‘LOSS DISPOSITION’’ and inserting 

22 ‘‘LOSS ON DISPOSITION’’. 

23 (112) Section 457(f)(4)(C)(i) is amended— 

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1 (A) by striking ‘‘section 9101’’ and insert2 ing ‘‘section 8101’’, and 

3 (B) by striking ‘‘7801),’’ and inserting 

4 ‘‘7801)),’’. 

5 (113) Section 457A(d)(4) is amended— 

6 (A) by striking ‘‘case a foreign’’ and in7 serting ‘‘case of a foreign’’, and 

8 (B) by striking ‘‘had been’’ and inserting 

9 ‘‘been’’. 

10 (114) Section 458(b)(9) is amended by striking 

11 ‘‘REPURCHASED’’ in the heading thereof and insert12 ing ‘‘REPURCHASE’’. 

13 (115) Section 458(c)(1) is amended by striking 

14 ‘‘regulations prescribed’’ and inserting ‘‘regulations 

15 prescribe’’. 

16 (116) Section 460(b)(2)(A) is amended by in17 serting a comma after ‘‘first’’. 

18 (117)(A) Section 461 is amended by redesig19 nating the second subsection (j) (relating to farming 

20 syndicate defined) as subsection (k). 

21 (B) Section 461(i)(4) is amended by striking 

22 ‘‘subsection (j)’’ and inserting ‘‘subsection (k)’’. 

23 (118) The heading of section 464 is amended 

24 by inserting ‘‘EXPENSES’’ after ‘‘FARMING’’. 

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1 (119) Section 464(d)(2)(B)(iii) is amended by 

2 striking ‘‘subsection (c)(2)(E)’’ and inserting ‘‘sec3 tion 461(k)(2)(E)’’. 

4 (120) Section 470(d)(2)(B) is amended by 

5 striking ‘‘clause (ii)’’ and inserting ‘‘subparagraph 

6 (A)(ii)’’. 

7 (121) The item relating to part VIII in the 

8 table of parts for subchapter F of chapter 1 is 

9 amended to read as follows: 

‘‘PART VIII. CERTAIN SAVINGS ENTITIES’’. 

10 (122) Section 501(c)(14)(B)(iv) is amended by 

11 adding a period at the end. 

12 (123) Section 501(c)(19)(B) is amended by 

13 striking ‘‘widows,,’’ and inserting ‘‘widows,’’. 

14 (124) Section 501(f)(3)(B) is amended by strik15 ing ‘‘section 115(a)’’ and inserting ‘‘section 115’’. 

16 (125) The item relating to section 511 in the 

17 table of sections for part III of subchapter F of 

18 chapter 1 is amended to read as follows: 

‘‘Sec. 511. Imposition of tax on unrelated business income of charitable, etc., 

organizations.’’. 

19 (126) Section 512(b)(19)(H)(iii) is amended by 

20 striking ‘‘clause (i)(II)’’ and inserting ‘‘clause (i)’’. 

21 (127) Section 529(c)(6) is amended by striking 

22 ‘‘an Coverdell’’ and inserting ‘‘a Coverdell’’. 

23 (128) Section 529(e)(3)(A) is amended— 

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1 (A) by striking the semicolon at the end of 

2 clause (i) and inserting a comma, and 

3 (B) by adding ‘‘, and’’ at the end of clause 

4 (ii). 

5 (129) Section 529A(d)(4) is amended by strik6 ing ‘‘Achieving a Better Life Experience Act of 

7 2014’’ and inserting ‘‘Stephen Beck, Jr., ABLE Act 

8 of 2014’’. 

9 (130) Section 529A(e)(4) is amended by strik10 ing ‘‘subparagraph section’’ and inserting ‘‘section’’. 

11 (131) Section 530(d)(9)(B) is amended by 

12 striking ‘‘by the’’ and inserting ‘‘by’’. 

13 (132) Section 542(c)(5) is amended by striking 

14 the comma at the end and inserting a semicolon. 

15 (133) Section 542(c)(7) is amended by striking 

16 ‘‘A small’’ and inserting ‘‘a small’’. 

17 (134) Section 543(a)(2)(B)(ii) is amended by 

18 striking ‘‘section 563(d)’’ and inserting ‘‘section 

19 563(c)’’. 

20 (135) Section 543(d)(5)(A)(ii) is amended by 

21 striking ‘‘section 563(d)’’ and inserting ‘‘section 

22 563(c)’’. 

23 (136) Section 613A(c)(7)(B) is amended by 

24 striking ‘‘taxpayers’’ and inserting ‘‘taxpayer’s’’. 

March 21, 2018 (6:08 p.m.)
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1 (137) Section 642(c)(1) is amended by striking 

2 ‘‘other then’’ and inserting ‘‘other than’’. 

3 (138) The item relating to section 661 in the 

4 table of sections for subpart C of part I of sub5 chapter J of chapter 1 is amended to read as fol6 lows: 

‘‘Sec. 661. Deduction for estates and trusts accumulating income or distributing corpus.’’. 

7 (139) Section 706(b)(5) is amended by striking 

8 ‘‘section 584(h)’’ and inserting ‘‘section 584(i)’’. 

9 (140) Section 751(c) is amended by striking 

10 ‘‘and, sections’’ both places it appears and inserting 

11 ‘‘and sections’’. 

12 (141) Section 807(e)(5)(A)(i) is amended by 

13 striking ‘‘subparagraph (C)’’ and inserting ‘‘sub14 paragraph (B)’’. 

15 (142) Section 831(c) is amended by striking 

16 ‘‘section 816(a)).’’ and inserting ‘‘section 816(a).’’. 

17 (143) Section 832(b)(7)(E)(ii)(II) is amended 

18 by striking the comma at the end and inserting a pe19 riod. 

20 (144) Section 852(a)(1)(B) is amended by 

21 striking ‘‘265,’’ and inserting ‘‘265 and’’. 

22 (145) Section 852(b)(2)(D) is amended by 

23 striking ‘‘the deduction’’ and inserting ‘‘The deduc24 tion’’. 

March 21, 2018 (6:08 p.m.)
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1 (146) Subparagraphs (A) and (B) of section 

2 856(c)(7) are each amended by striking ‘‘paragraph 

3 (4)(B)(iii)’’ and inserting ‘‘paragraph (4)(B)(iv)’’. 

4 (147) Paragraphs (1), (3), (4), and (5) of sec5 tion 856(m) are each amended by striking ‘‘sub6 section (c)(4)(B)(iii)’’ and inserting ‘‘subsection 

7 (c)(4)(B)(iv)’’. 

8 (148) Section 857(b)(6)(J) is amended by strik9 ing ‘‘section 856(c)(8)’’ and inserting ‘‘section 

10 856(c)(10)’’. 

11 (149) Section 860(f)(2)(A)(ii) is amended by 

12 striking ‘‘decreased’’ and inserting ‘‘decrease’’. 

13 (150) Section 860(i) is amended by striking 

14 ‘‘willfull’’ and inserting ‘‘willful’’. 

15 (151) Section 860G(a)(3)(A)(iii)(III) is amend16 ed by striking the period at the end and inserting 

17 a comma. 

18 (152) Section 864(d)(8) is amended by striking 

19 ‘‘section 956(b)(3)’’ and inserting ‘‘section 

20 956(c)(3)’’. 

21 (153) Section 877(d)(4)(B)(i) is amended by 

22 striking ‘‘in 957’’ and inserting ‘‘in section 957’’. 

23 (154) Section 877A(g)(6) is amended by strik24 ing ‘‘220(e)(4)’’ and inserting ‘‘220(f)(4)’’. 

March 21, 2018 (6:08 p.m.)
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1 (155) Section 897(a)(1)(A) is amended by 

2 striking ‘‘section 871(B)(1)’’ and inserting ‘‘section 

3 871(b)(1)’’. 

4 (156) The heading of section 897(k)(2) is 

5 amended by striking ‘‘USRPI’’ and inserting 

6 ‘‘UNITED STATES REAL PROPERTY INTEREST’’. 

7 (157) Section 904(d)(2)(B)(ii) is amended— 

8 (A) by striking ‘‘, except as provided in 

9 subparagraph (E)(iii) or paragraph (3)(I),’’, 

10 and 

11 (B) by inserting ‘‘subparagraph (E)(ii), or 

12 paragraph (3)(H),’’ after ‘‘Except as provided 

13 in clause (iii),’’ 

14 (158) Section 907(c)(3)(C) is amended by strik15 ing the period after ‘‘partnerships’’ and inserting a 

16 comma. 

17 (159) Section 907(f)(1) is amended by striking 

18 ‘‘year,’’ and inserting ‘‘years,’’. 

19 (160) Section 911(d)(8)(B)(i) is amended by 

20 striking ‘‘(50 U.S.C. App. 1 et seq.)’’ and inserting 

21 ‘‘(50 U.S.C. 4301 et seq.)’’. 

22 (161) Section 912(1)(B) is amended by striking 

23 ‘‘(50 U.S.C., sec. 403e)’’ and inserting ‘‘(50 U.S.C. 

24 3505)’’. 

March 21, 2018 (6:08 p.m.)
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1 (162) Section 956(c)(2)(E) is amended by 

2 striking ‘‘which are not contracts described in sec3 tion 953(a)(1)’’ and inserting ‘‘which are contracts 

4 described in section 953(e)(2)’’. 

5 (163) Section 956(e) is amended by striking 

6 ‘‘provisons’’ and inserting ‘‘provisions’’. 

7 (164) Section 957(b) is amended by striking 

8 ‘‘contracts described in section 953(a)(1)’’ and in9 serting ‘‘contracts not described in section 

10 953(e)(2)’’. 

11 (165) The heading of section 993 is amended 

12 by inserting ‘‘AND SPECIAL RULES’’ after ‘‘DEFI13 NITIONS’’. 

14 (166) Section 1016(a)(3)(D) is amended by in15 serting ‘‘as in effect prior to its repeal by the Tax 

16 Reform Act of 1986’’ before ‘‘(or the corresponding 

17 provisions of prior income tax laws)’’. 

18 (167) Section 1033(h)(2) is amended by insert19 ing ‘‘is’’ before ‘‘located’’. 

20 (168) Section 1035(a)(1) is amended by strik21 ing ‘‘; or’’ and inserting a semicolon. 

22 (169) Section 1059(d)(3) is amended by strik23 ing ‘‘; except that’’ and all that follows and inserting 

24 ‘‘and there shall not be taken into account any day 

March 21, 2018 (6:08 p.m.)
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1 which is more than 2 years after the date on which 

2 such share becomes ex-dividend.’’. 

3 (170) Section 1092(a)(2)(B) is amended by 

4 striking ‘‘with respect other’’ in the last sentence 

5 and inserting ‘‘with respect to other’’. 

6 (171) Section 1092(c)(4)(E) is amended by 

7 striking ‘‘(other than subparagraph (B) thereof)’’. 

8 (172) The item relating to section 1222 in the 

9 table of sections for part III of subchapter P of 

10 chapter 1 is amended to read as follows: 

‘‘Sec. 1222. Other terms relating to capital gains and losses.’’. 

11 (173) The item relating to section 1252 in the 

12 table of sections for part IV of subchapter P of 

13 chapter 1 is amended to read as follows: 

‘‘Sec. 1252. Gain from disposition of farm land.’’. 

14 (174) Section 1250(d)(3) is amended by strik15 ing ‘‘paragraph (9)’’ and inserting ‘‘paragraph (6)’’. 

16 (175) Section 1255(b)(2) is amended by strik17 ing ‘‘170(e),’’ and inserting ‘‘170(e)’’. 

18 (176)(A) Subparagraphs (B) and (C) of section 

19 1256(e)(3) are each amended by striking ‘‘section 

20 464(e)(2)’’ and inserting ‘‘section 461(k)(4)’’. 

21 (B) Section 1258(d)(5)(C) is amended by strik22 ing ‘‘section 464(e)(2)’’ and inserting ‘‘section 

23 461(k)(4)’’. 

24 (177) Section 1257(c)(1) is amended— 

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1 (A) by striking ‘‘section 1201(4)’’ and in2 serting ‘‘section 1201(a)(7)’’, and 

3 (B) by striking ‘‘16 U.S.C. 3801(4)’’ and 

4 inserting ‘‘16 U.S.C. 3801(7)’’. 

5 (178) Section 1257(c)(2) is amended— 

6 (A) by striking ‘‘section 1201(6)’’ and in7 serting ‘‘section 1201(a)(10)’’, and 

8 (B) by striking ‘‘16 U.S.C. 3801(6)’’ and 

9 inserting ‘‘16 U.S.C. 3801(10)’’. 

10 (179) Section 1274(b)(3)(B)(i) is amended by 

11 striking ‘‘section 6662(d)(2)(C)(iii)’’ and inserting 

12 ‘‘section 6662(d)(2)(C)(ii)’’. 

13 (180) Section 1276(a)(4) is amended by strik14 ing ‘‘871(a),,’’ and inserting ‘‘871(a),’’. 

15 (181) Section 1278(b)(1) is amended by strik16 ing ‘‘871(a),,’’ and inserting ‘‘871(a),’’. 

17 (182) Section 1286(f) is amended by striking 

18 ‘‘and 305(e),’’ and inserting ‘‘and section 305(e),’’. 

19 (183) Section 1291(e) is amended by striking 

20 ‘‘subsections (c) and (d) (e),’’ and inserting ‘‘sub21 sections (c), (d), and (e)’’. 

22 (184) Section 1298(b)(5)(B) is amended by 

23 striking ‘‘section 951(f)’’ and inserting ‘‘section 

24 951(c)’’. 

March 21, 2018 (6:08 p.m.)
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1 (185) Section 1298(d)(2)(A) is amended by 

2 striking ‘‘section 1296(a)(2)’’ and inserting ‘‘section 

3 1297(a)(2)’’. 

4 (186) Section 1298(e)(2)(B)(ii) is amended by 

5 striking ‘‘provisons’’ and inserting ‘‘provisions’’. 

6 (187) Section 1355(f)(3) is amended by strik7 ing ‘‘of which’’ and inserting ‘‘on which’’. 

8 (188) Section 1358(b)(1) is amended by strik9 ing ‘‘section 1352(a)(2)’’ and inserting ‘‘section 

10 1352(2)’’. 

11 (189) Section 1358(c)(2) is amended by strik12 ing ‘‘an person’s’’ and inserting ‘‘a person’s’’. 

13 (190) Sections 1361(f)(2), 1362(d)(3)(C)(v), 

14 and 4975(d)(16)(A) are each amended by striking 

15 ‘‘1813(w)(1)),’’ and inserting ‘‘1813(w)(1))),’’. 

16 (191) Section 1362(f) is amended by striking 

17 ‘‘may be during’’ and inserting ‘‘may be, during’’. 

18 (192) Section 1366(e) is amended by striking 

19 ‘‘section 704(e)(3)’’ and inserting ‘‘section 

20 704(e)(2)’’. 

21 (193) Section 1368(f)(2) is amended by strik22 ing ‘‘in included’’ and inserting ‘‘is included’’. 

23 (194) Section 1391(g)(3)(E)(ii) is amended by 

24 striking ‘‘Interior’’ and inserting ‘‘the Interior’’. 

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1 (195) Section 1394(b)(3)(B)(i)(II) is amended 

2 by striking ‘‘subsection’’ and inserting ‘‘sub3 sections’’. 

4 (196) Section 1397C(d)(5)(B) is amended by 

5 striking ‘‘subparagraphs (A) or (B)’’ and inserting 

6 ‘‘subparagraph (A) or (B)’’. 

7 (197) Section 1402(a)(1) is amended— 

8 (A) by striking ‘‘section 1233(2)’’ and in9 serting ‘‘section 1233(a)(2)’’, and 

10 (B) by striking ‘‘16 U.S.C. 3833(2)’’ and 

11 inserting ‘‘16 U.S.C. 3833(a)(2)’’. 

12 (198) Section 1402(b) is amended by striking 

13 ‘‘3211,.’’ and inserting ‘‘3211.’’. 

14 (199) The heading of section 1446 is amended 

15 by striking ‘‘WITHHOLDING TAX’’ in the heading 

16 and inserting ‘‘WITHHOLDING OF TAX’’. 

17 (200) Section 2031(c)(1) is amended by strik18 ing all that follows subparagraph (A) and inserting 

19 the following: 

20 ‘‘(B) $500,000.’’. 

21 (201) Section 2031(c)(2) is amended by strik22 ing ‘‘paragraph (5)).’’ and inserting ‘‘paragraph 

23 (5))).’’. 

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1 (202) Section 2055(e)(3)(G) is amended by 

2 striking ‘‘subparagraph (J)’’ and inserting ‘‘sub3 paragraph (J))’’. 

4 (203) Section 2106(a)(4) is amended by insert5 ing ‘‘section’’ before ‘‘2058(a)’’. 

6 (204) Section 2522(c)(1) is amended by strik7 ing ‘‘to of for’’ and inserting ‘‘to or for’’. 

8 (205) Section 2523(g)(1) is amended by strik9 ing ‘‘noncharitable beneficiary’’ and inserting ‘‘bene10 ficiary who is not a charitable beneficiary’’. 

11 (206) Section 2523(g)(2) is amended by strik12 ing ‘‘noncharitable’’ and inserting ‘‘charitable’’. 

13 (207) Section 3101(a) is amended by adding a 

14 period at the end. 

15 (208) Section 3111(e)(5)(B) is amended by in16 serting ‘‘the’’ before ‘‘meaning’’. 

17 (209) Section 3121(b)(5)(B)(i)(V) is amended 

18 by striking ‘‘section 105(e)(2)’’ and inserting ‘‘sec19 tion 104(e)(2)’’. 

20 (210) Section 3121(b)(5)(H)(i) is amended by 

21 striking ‘‘1997’’ and inserting ‘‘1997,’’. 

22 (211) Section 3304(a)(4)(G)(ii) is amended by 

23 striking ‘‘section 6402(f)(4)(B)’’ and inserting ‘‘sec24 tion 6402(f)(4)(C)’’. 

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1 (212) Section 3306(b)(5)(F) is amended by 

2 striking the semicolon at the end and inserting a 

3 comma. 

4 (213) Section 3306(c)(19) is amended by strik5 ing ‘‘Service’’ and inserting ‘‘service’’. 

6 (214) Section 3306(u) is amended by striking 

7 ‘‘25 U.S.C. 450b(e)’’ and inserting ‘‘25 U.S.C. 

8 5304(e)’’. 

9 (215) Section 3306(v) is amended by striking 

10 ‘‘this part’’ and inserting ‘‘this section’’. 

11 (216) Section 3309(d) is amended by striking 

12 ‘‘25 U.S.C. 450b(e)’’ and inserting ‘‘25 U.S.C. 

13 5304(e)’’. 

14 (217)(A) Paragraphs (1), (2), (3), (4)(B), (5), 

15 (6), (8)(A)(ii), (8)(B), (8)(D), (9), (10)(B), (11), 

16 (12)(A), (12)(B), (12)(C), (13), (14), and (15) of 

17 section 3401(a) are each amended by striking ‘‘; or’’ 

18 at the end and inserting a comma. 

19 (B) Paragraphs (4)(A), (8)(A)(i), (8)(C), 

20 (10)(A), (12)(D), and (22) of section 3401(a) are 

21 each amended by striking ‘‘; or’’ at the end and in22 serting ‘‘, or’’. 

23 (C) Section 3401(a)(12)(E) is amended by 

24 striking ‘‘, or’’ at the end and inserting a comma. 

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1 (D) Paragraphs (16)(A), (16)(B), (17), (18), 

2 (19), (20), and (21) of section 3401(a) are each 

3 amended by striking the semicolon at the end and 

4 inserting a comma. 

5 (218) Section 3509(d)(1)(C) is amended by 

6 striking ‘‘sections’’ and inserting ‘‘section’’. 

7 (219) Section 4051(a)(3) is amended by strik8 ing ‘‘Secretary.’’ and inserting ‘‘Secretary).’’. 

9 (220) Section 4104(a)(1) is amended by strik10 ing ‘‘section’’ and inserting ‘‘sections’’. 

11 (221) Section 4221(a) is amended by striking 

12 ‘‘section 4051,’’ and inserting ‘‘section 4051’’. 

13 (222) The item relating to part III in the table 

14 of parts for subchapter C of chapter 33 is amended 

15 by striking ‘‘relating’’ and inserting ‘‘applicable’’. 

16 (223) Section 4612(e)(2)(B)(ii)(I) is amended 

17 by striking ‘‘tranferred’’ and inserting ‘‘trans18 ferred’’. 

19 (224) Section 4958(f)(1)(D) is amended by 

20 striking the period at the end and inserting a 

21 comma. 

22 (225) Section 4971(b) is amended by striking 

23 ‘‘minimum required contribution,’’ and all that fol24 lows through ‘‘whichever is applicable’’ and inserting 

25 the following: ‘‘minimum required contribution, acMarch 21, 2018 (6:08 p.m.)
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1 cumulated funding deficiency, or CSEC accumulated 

2 funding deficiency, whichever is applicable’’. 

3 (226) Section 4971(c)(3) is amended by strik4 ing ‘‘applicable and’’ and inserting ‘‘applicable, 

5 and’’. 

6 (227) Section 4971(f) is amended by striking 

7 ‘‘applicable for’’ and inserting ‘‘applicable, for’’. 

8 (228) Section 4971(g)(4)(C)(ii) is amended by 

9 striking ‘‘section 432(i)(9)’’ and inserting ‘‘section 

10 432(j)(9)’’. 

11 (229) Section 4975(d)(3) is amended by strik12 ing ‘‘an leveraged’’ and inserting ‘‘a leveraged’’. 

13 (230) Section 4975(d)(17) is amended by strik14 ing ‘‘Any’’ and inserting ‘‘any’’. 

15 (231) Section 4975(d)(21) is amended by strik16 ing ‘‘person person’’ and inserting ‘‘person’’. 

17 (232) Section 4975(f)(8)(C)(iv)(II) is amended 

18 by inserting ‘‘subsection’’ before ‘‘(d)(17)(A)(ii)’’. 

19 (233) Section 4975(f)(8)(F)(i)(I) is amended by 

20 striking ‘‘adviser,’’ and inserting ‘‘adviser’’. 

21 (234) Section 4975(f)(8)(F)(i)(V) is amended 

22 by inserting ‘‘of’’ before ‘‘the manner’’. 

23 (235) Section 4980B(f)(1) is amended by strik24 ing ‘‘section 2162 of the Public Health Service Act’’ 

March 21, 2018 (6:08 p.m.)
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1 and inserting ‘‘section 1928(h)(6) of the Social Se2 curity Act (42 U.S.C. 1396s(h)(6))’’. 

3 (236) Section 4980B(f)(5)(C)(iii) is amended 

4 by striking ‘‘section 2701(c)(2)’’ and inserting ‘‘sec5 tion 2704(c)(2)’’. 

6 (237) Section 4980I(b)(3)(C)(iv) is amended by 

7 striking the comma at the end and inserting a pe8 riod. 

9 (238) Section 4980I(b)(3)(C)(v) is amended by 

10 striking ‘‘for for’’ and inserting ‘‘for’’. 

11 (239) Section 5054(a)(3)(B) is amended by 

12 striking ‘‘sections’’ and inserting ‘‘section’’. 

13 (240) Section 5066(d) is amended by striking 

14 ‘‘section 5001(a)(5)’’ and inserting ‘‘section 

15 5001(a)(4)’’. 

16 (241) The item relating to subpart C in the 

17 table of subparts for part II of subchapter A of 

18 chapter 51 is amended to read as follows: 

‘‘SUBPART C. RECORDKEEPING AND REGISTRATION BY DEALERS’’. 

19 (242) The item relating to section 5178 in the 

20 table of sections for subchapter B of chapter 51 is 

21 amended to read as follows: 

‘‘Sec. 5178. Premises of distilled spirits plants.’’. 

22 (243) Section 5182 is amended by striking 

23 ‘‘section 5112’’ and inserting ‘‘section 5121’’. 

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1 (244) Section 5273(e)(2) is amended by strik2 ing ‘‘section 5001(a)(6)’’ and inserting ‘‘section 

3 5001(a)(5)’’. 

4 (245) Section 5314(a)(2) is amended by strik5 ing ‘‘section 5001(a)(10)’’ and inserting ‘‘section 

6 5001(a)(9)’’. 

7 (246) Section 5392(f) is amended by striking 

8 ‘‘section 17(a)(5)’’ and inserting ‘‘section 

9 117(a)(5)’’. 

10 (247) Section 5512 is amended by striking 

11 ‘‘section 5001(a)(7)’’ and inserting ‘‘section 

12 5001(a)(6)’’. 

13 (248) Section 5601(a)(15) is amended by strik14 ing ‘‘Withdraws,’’ and inserting ‘‘withdraws,’’. 

15 (249) The heading of section 5603 is amended 

16 by inserting a comma after ‘‘RETURNS’’. 

17 (250) Section 5701(e) is amended by striking 

18 ‘‘manufacturered’’ and inserting ‘‘manufactured’’. 

19 (251) The item relating to section 5847 in the 

20 table of sections for part I of subchapter B of chap21 ter 53 is amended to read as follows: 

‘‘Sec. 5847. Effect on other laws.’’. 

22 (252) Section 5847 is amended by striking 

23 ‘‘section 414 of the Mutual Security Act of 1954’’ 

24 and inserting ‘‘section 38 of the Arms Export Con25 trol Act (22 U.S.C. 2778)’’. 

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1 (253) The item relating to section 5852 in the 

2 table of sections for part II of subchapter B of chap3 ter 53 is amended to read as follows: 

‘‘Sec. 5852. General transfer and making tax exemption.’’. 

4 (254) The item relating to section 5853 in the 

5 table of sections for part II of subchapter B of chap6 ter 53 is amended to read as follows: 

‘‘Sec. 5853. Transfer and making tax exemption available to certain governmental entities.’’. 

7 (255) Section 6012(a)(6) is amended by strik8 ing ‘‘and’’ at the end. 

9 (256) Section 6012(a)(7) is amended by strik10 ing the period at the end and inserting ‘‘; and’’. 

11 (257) Section 6012(a)(8) is amended by strik12 ing ‘‘section 63(c)(2)(D).’’ and inserting ‘‘section 

13 63(c)(2)(C);’’. 

14 (258) Section 6033(b)(15) is amended by strik15 ing the period at the end and inserting ‘‘, and’’. 

16 (259) Section 6039(d)(2) is amended to read as 

17 follows: 

18 ‘‘(2) the term ‘employee stock purchase plan’, 

19 see section 423(b).’’. 

20 (260) The table of sections for subpart B of 

21 part III of subchapter A of chapter 61 is amended 

22 by inserting after the item relating to section 6041 

23 the following new item: 

March 21, 2018 (6:08 p.m.)
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‘‘Sec. 6041A. Returns regarding payments of remuneration for services and direct sales.’’. 

1 (261) The item relating to section 6050I in the 

2 table of sections for subpart B of part III of sub3 chapter A of chapter 61 is amended to read as fol4 lows: 

‘‘Sec. 6050I. Returns relating to cash received in trade or business, etc.’’. 

5 (262) The item relating to section 6050W in 

6 the table of sections for subpart B of part III of 

7 subchapter A of chapter 61 is amended to read as 

8 follows: 

‘‘Sec. 6050W. Returns relating to payments made in settlement of payment 

card and third party network transactions.’’. 

9 (263) Section 6050H(h)(3)(B)(i) is amended by 

10 striking ‘‘Rural Housing Administration’’ and insert11 ing ‘‘Rural Housing Service’’. 

12 (264) Section 6058(e) is amended by striking 

13 paragraph (1) and by redesignating paragraphs (2) 

14 and (3) as paragraphs (1) and (2), respectively. 

15 (265) Section 6059(b)(3)(B) is amended— 

16 (A) by striking ‘‘the requirements’’ and in17 serting ‘‘that the requirements’’, and 

18 (B) by striking the period at the end and 

19 inserting a comma. 

20 (266) Section 6091(b)(2)(B)(ii) is amended by 

21 striking ‘‘and’’ at the end. 

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1 (267) Section 6103(l)(7) is amended by striking 

2 ‘‘OF 1977’’ in the heading thereof. 

3 (268) Section 6103(l)(10)(A) is amended by 

4 striking ‘‘request made under subsection (f)(5)’’ and 

5 inserting ‘‘notice submitted under subsection 

6 (f)(5)(C)’’. 

7 (269) Section 6103(l)(10) is amended by strik8 ing so much of subparagraph (B) as precedes ‘‘Any’’ 

9 and inserting the following: 

10 ‘‘(B) RESTRICTION ON USE OF DISCLOSED

11 INFORMATION.—(i)’’. 

12 (270) Section 6103(l)(16)(A) is amended by 

13 striking ‘‘subsection 6103(b)(6)’’ and inserting ‘‘sec14 tion 6103(b)(6)’’. 

15 (271) Section 6103(p)(3)(A) is amended by 

16 striking ‘‘subsections’’ and inserting ‘‘subsection’’. 

17 (272) Section 6103(p)(3)(C)(ii) is amended by 

18 striking the comma at the end and inserting a pe19 riod. 

20 (273) Section 6103(p)(4) is amended by strik21 ing ‘‘7(A)(ii)’’ in the matter preceding subparagraph 

22 (A) and inserting ‘‘(7)(A)(ii)’’. 

23 (274) Section 6103(p)(4)(F)(ii) is amended— 

24 (A) by striking ‘‘subsections’’ and inserting 

25 ‘‘subsection’’, and 

March 21, 2018 (6:08 p.m.)
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1 (B) by striking ‘‘subsection (l)(21),,,’’ and 

2 inserting ‘‘subsection (l)(21),’’. 

3 (275) Section 6103(p)(4) is amended by strik4 ing ‘‘subsection (l)(21),,’’ both places it appears in 

5 the flush matter at the end and inserting ‘‘sub6 section (l)(21),’’. 

7 (276) Section 6109(f) is amended by striking 

8 ‘‘OF 1977’’ in the heading thereof. 

9 (277) Section 6213(g)(2)(O) is amended by 

10 adding a comma at the end. 

11 (278) Section 6213(g)(2)(P) is amended— 

12 (A) by striking ‘‘section 24(h)(2)’’ and in13 serting ‘‘section 24(g)(2)’’, and 

14 (B) by striking ‘‘subsection (h)(1)’’ and in15 serting ‘‘subsection (g)(1)’’. 

16 (279) Section 6302(e)(2)(A) is amended by 

17 striking ‘‘sections’’ and inserting ‘‘section’’. 

18 (280) Section 6311(d)(3)(D) is amended— 

19 (A) by striking ‘‘section 103(f)’’ and in20 serting ‘‘section 103(g)’’, and 

21 (B) by striking ‘‘1602(f)’’ and inserting 

22 ‘‘1602(g)’’. 

23 (281) Section 6330(c) is amended by striking 

24 ‘‘subsection (d)(2)(B)’’ in the last sentence and in25 serting ‘‘subsection (d)(3)(B)’’. 

March 21, 2018 (6:08 p.m.)
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1 (282) Section 6330(d)(2) is amended by strik2 ing ‘‘, and’’ at the end and inserting a period. 

3 (283) Section 6334(a)(10)(A) is amended by 

4 striking ‘‘V,,’’ and inserting ‘‘V,’’. 

5 (284) Section 6342(a) is amended by striking 

6 ‘‘subsection (c)(2)’’ and inserting ‘‘subsection 

7 (d)(2)’’. 

8 (285) Section 6402(a) is amended by striking 

9 ‘‘(f) refund’’ and inserting ‘‘(f), refund’’. 

10 (286) Section 6402(c) is amended by striking 

11 ‘‘of of’’ and inserting ‘‘of’’. 

12 (287) Section 6402(d)(2) is amended by strik13 ing ‘‘section 402(a)(26) of the Social Security Act’’ 

14 and inserting ‘‘section 408(a)(3) of the Social Secu15 rity Act (42 U.S.C. 608(a)(3))’’. 

16 (288) Section 6404(g)(2)(E) is amended by 

17 striking ‘‘section 6664(d)(2)(A)’’ and inserting ‘‘sec18 tion 6664(d)(3)(A)’’. 

19 (289) Section 6420(i)(4) is amended by striking 

20 ‘‘State and’’ and inserting ‘‘State (and’’. 

21 (290) Section 6421(c) is amended by striking 

22 ‘‘(4) (5)’’ and inserting ‘‘(4), (5)’’. 

23 (291) Section 6421(j)(3) is amended by striking 

24 ‘‘State and’’ and inserting ‘‘State (and’’. 

25 (292) Section 6422 is amended— 

March 21, 2018 (6:08 p.m.)
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1 (A) by striking paragraph (7), 

2 (B) by redesignating paragraphs (8) 

3 through (12) as paragraphs (7) through (11), 

4 respectively, and 

5 (C) by striking ‘‘for credit’’ in paragraph 

6 (10) as so redesignated and inserting ‘‘For 

7 credit’’. 

8 (293) Section 6425(c)(1)(A) is amended by 

9 striking ‘‘The sum’’ and inserting ‘‘the sum’’. 

10 (294) Section 6426(b)(2)(A)(ii) is amended by 

11 striking ‘‘cents..’’ and inserting ‘‘cents.’’. 

12 (295) Section 6501(m) is amended by striking 

13 ‘‘any election’’ and all that follows through ‘‘(or 

14 any’’ and inserting the following: ‘‘any election 

15 under section 30B(h)(9), 30C(e)(4), 30D(e)(4), 

16 35(g)(11), 40(f), 43, 45B, 45C(d)(4), 45H(g), or 

17 51(j) (or any’’. 

18 (296) Section 6503(a)(1) is amended by strik19 ing ‘‘section 6230(a)).’’ and inserting ‘‘section 

20 6230(a))’’. 

21 (297) Section 6612(c) is amended— 

22 (A) by inserting ‘‘sections’’ before 

23 ‘‘2014(e)’’, and 

24 (B) by striking ‘‘and 6420’’ and inserting 

25 ‘‘6420’’. 

March 21, 2018 (6:08 p.m.)
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1 (298) The item relating to section 6651 in the 

2 table of sections for part I of subchapter A of chap3 ter 68 is amended to read as follows: 

‘‘Sec. 6651. Failure to file tax return or to pay tax.’’. 

4 (299) Each of the following sections are amend5 ed by inserting ‘‘an amount equal to’’ after ‘‘in6 creased by’’ and by inserting ‘‘for the calendar year’’ 

7 after ‘‘section 1(f)(3)’’: 

8 (A) Section 6651(i). 

9 (B) Section 6652(c)(7)(A). 

10 (C) Section 6695(h)(1). 

11 (D) Section 6698(e)(1). 

12 (E) Section 6699(e)(1). 

13 (F) Section 6721(f)(1). 

14 (G) Section 6722(f)(1). 

15 (300) Section 6652(e) is amended by striking 

16 ‘‘section 6724(d)(2)(Y)’’ in the last sentence and in17 serting ‘‘section 6724(d)(2)(AA)’’. 

18 (301) Section 6654(a) is amended by striking 

19 ‘‘chapter 1 the tax’’ and inserting ‘‘chapter 1, the 

20 tax’’. 

21 (302) Section 6654(f)(3) is amended by strik22 ing ‘‘taxes’’ and inserting ‘‘tax’’. 

23 (303) Section 6662(d)(3) is amended by strik24 ing ‘‘section 6664(d)(2)’’ and inserting ‘‘section 

25 6664(d)(3)’’. 

March 21, 2018 (6:08 p.m.)
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1 (304) Section 6662 is amended by moving sub2 section (i) before subsection (j). 

3 (305) The heading of section 6676(c) is amend4 ed by striking ‘‘REASONABLE BASIS’’ and inserting 

5 ‘‘REASONABLE CAUSE’’. 

6 (306) The item relating to section 6684 in the 

7 table of sections for part I of subchapter B of chap8 ter 68 is amended to read as follows: 

‘‘Sec. 6684. Assessable penalties with respect to liability for tax under chapter 

42.’’. 

9 (307) The item relating to section 6686 in the 

10 table of sections for part I of subchapter B of chap11 ter 68 is amended to read as follows: 

‘‘Sec. 6686. Failure to file returns or supply information by DISC or former 

FSC.’’. 

12 (308) Section 6679(a)(1) is amended by strik13 ing ‘‘section 6046 and 6046A’’ and inserting ‘‘sec14 tion 6046 or 6046A’’. 

15 (309) Section 6695(h)(2) is amended by strik16 ing ‘‘subparagraph (A)’’ and inserting ‘‘paragraph 

17 (1)’’. 

18 (310) Section 6695(h)(2)(B) is amended by 

19 striking ‘‘clause (i)’’ and inserting ‘‘subparagraph 

20 (A)’’. 

21 (311) Section 6696(a) is amended by striking 

22 ‘‘section 6694,’’ and inserting ‘‘sections 6694,’’. 

March 21, 2018 (6:08 p.m.)
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1 (312) Section 6696(d)(1) is amended by strik2 ing ‘‘section 6695,’’ and inserting ‘‘6695,’’. 

3 (313) Section 6698(b)(2) is amended by adding 

4 a period at the end. 

5 (314) Section 6700(a) is amended by striking 

6 ‘‘the $1,000’’ and inserting ‘‘$1,000’’. 

7 (315) Section 6724(d)(1)(B)(xx) is amended by 

8 striking ‘‘or’’ at the end. 

9 (316) Section 6724(d)(1)(B)(xxi) is amended 

10 by striking ‘‘and’’ at the end. 

11 (317) Section 6724(d)(1) is amended by strik12 ing ‘‘Such term also includes’’ and inserting the fol13 lowing: 

14 ‘‘Such term also includes’’. 

15 (318) Section 6724(d)(2)(F) is amended by 

16 striking the period at the end and inserting a 

17 comma. 

18 (319) Section 6724(d)(2)(M) is amended by 

19 striking ‘‘(h)(2) relating’’ and inserting ‘‘(h)(2) (re20 lating’’. 

21 (320) Section 6724(d)(2)(DD) is amended by 

22 adding a comma at the end. 

23 (321) Section 6863(a) is amended by striking 

24 ‘‘6852,,’’ and inserting ‘‘6852,’’. 

March 21, 2018 (6:08 p.m.)
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1 (322) Section 6901(a)(1)(B) is amended by 

2 striking ‘‘Code in’’ and inserting ‘‘Code, in’’. 

3 (323) Section 7275(b)(2) is amended by strik4 ing ‘‘taxes, shall’’ and inserting ‘‘taxes,’’. 

5 (324) Section 7421(b)(2) is amended by strik6 ing ‘‘Code in’’ and inserting ‘‘Code, in’’. 

7 (325)(A) Subsections (e) and (i) of section 

8 7422 and sections 3121(b)(5)(E), 6110(j)(1)(B), 

9 7428(a), and 7430(c)(6) are each amended by strik10 ing ‘‘United States Claims Court’’ and inserting 

11 ‘‘United States Court of Federal Claims’’. 

12 (B) Subsections (a), (b), and (c)(1)(C)(iii) of 

13 section 7428 are each amended by striking ‘‘Claims 

14 Court’’ and inserting ‘‘Court of Federal Claims’’. 

15 (C) The heading of section 4961(c)(1) is 

16 amended by striking ‘‘UNITED STATES CLAIMS

17 COURT’’ and inserting ‘‘UNITED STATES COURT OF

18 FEDERAL CLAIMS’’. 

19 (D) Section 6672(c)(2) is amended by striking 

20 ‘‘Court of Claims’’ and inserting ‘‘Court of Federal 

21 Claims’’. 

22 (326) The item relating to section 7448 in the 

23 table of sections for part I of subchapter C of chap24 ter 76 is amended to read as follows: 

‘‘Sec. 7448. Annuities to surviving spouses and dependent children of judges 

and special trial judges.’’. 

March 21, 2018 (6:08 p.m.)
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1 (327) Section 7448(j)(1)(A) is amended by 

2 striking ‘‘Code,),’’ and inserting ‘‘Code),’’. 

3 (328) Section 7448(m) is amended by striking 

4 ‘‘Code,’’ and inserting ‘‘Code),’’. 

5 (329) Section 7454(b) is amended by striking 

6 ‘‘4955),,’’ and inserting ‘‘4955),’’. 

7 (330) Section 7654(d)(1) is amended by strik8 ing ‘‘50 App. U.S.C. 501 et seq.’’ and inserting ‘‘50 

9 U.S.C. 3901 et seq.’’. 

10 (331) Section 7701(a)(36)(B) is amended by 

11 striking ‘‘an ‘tax’’ and inserting ‘‘a ‘tax’’. 

12 (332) Section 7701(e)(5)(B) is amended by 

13 striking ‘‘Reconcilation’’ and inserting ‘‘Reconcili14 ation’’. 

15 (333) Section 7801(a)(2)(B) is amended— 

16 (A) by striking ‘‘this Act’’ and inserting 

17 ‘‘the Homeland Security Act of 2002’’, and 

18 (B) by striking ‘‘effective date of the 

19 Homeland Security Act of 2002’’ and inserting 

20 ‘‘effective date of such Act’’. 

21 (334) Section 7809(c)(1) is amended by strik22 ing ‘‘Work’’ and inserting ‘‘work’’. 

23 (335) Section 7851(a)(1)(A) is amended by 

24 striking ‘‘, 4’’. 

March 21, 2018 (6:08 p.m.)
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1 (336) Section 7851(a)(1)(B) is amended by 

2 striking ‘‘Chapters 3 and 5’’ and inserting ‘‘Chapter 

3 3’’. 

4 (337) Section 7871(c)(3)(D)(ii)(II) is amended 

5 by striking ‘‘calender’’ and inserting ‘‘calendar’’. 

6 (338) Section 9003(b)(2) is amended by strik7 ing ‘‘section 9006(d)’’ and inserting ‘‘section 

8 9006(c)’’. 

9 (339) Section 9011(b)(1) is amended by strik10 ing ‘‘contrue’’ and inserting ‘‘construe’’. 

11 (340) Section 9502(d)(2) is amended by strik12 ing ‘‘farms,’’ and inserting ‘‘farms),’’. 

13 (341) Section 9503(c)(5) is amended by strik14 ing ‘‘and before October 1, 2011,’’. 

15 (342) Section 9508(c)(1) is amended by strik16 ing ‘‘the Public’’ and inserting ‘‘Public’’. 

17 (343) Section 9701(a)(4) is amended by strik18 ing ‘‘section 9713A’’ and inserting ‘‘section 9712’’. 

19 (344) Section 9704(d)(2)(B) is amended by 

20 striking ‘‘1232)),’’ and inserting ‘‘1232),’’. 

21 (345) Section 9705(b)(1) is amended by strik22 ing ‘‘1232(h)’’ and inserting ‘‘1232’’. 

23 (346) Section 9705(b)(2) is amended by strik24 ing ‘‘Acts’’ and inserting ‘‘Act’’. 

March 21, 2018 (6:08 p.m.)
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1 (347) Section 9711(c)(4)(B) is amended by 

2 striking ‘‘paragraph (4)(C)’’ and inserting ‘‘para3 graph (3)(C)’’. 

4 (348) Section 9712(a)(4)(A) is amended by in5 serting ‘‘section 402 of’’ after ‘‘subsections (h) and 

6 (i) of’’. 

7 (349) Section 9812(a)(3)(B)(i) is amended by 

8 striking the comma at the end and inserting a pe9 riod. 

10 (350) Section 302 of division P of the Consoli11 dated Appropriations Act, 2016 is amended— 

12 (A) in subsection (a), by inserting ‘‘of the 

13 Internal Revenue Code of 1986’’ after ‘‘section 

14 48(a)(5)(C)’’, and 

15 (B) in subsection (b), by inserting ‘‘of such 

16 Code’’ after ‘‘section 48(a)’’. 

17 (351) Section 32103(a) of the Fixing America’s 

18 Surface Transportation Act is amended by striking 

19 ‘‘section 52106’’ and inserting ‘‘section 32102’’. 

20 (352) Section 7518(i) is amended— 

21 (A) by striking ‘‘section 607(k) of the Mer22 chant Marine Act, 1936’’ and inserting ‘‘chap23 ter 535 of title 46, United States Code,’’, and 

24 (B) by striking ‘‘such section 607(k)’’ and 

25 inserting ‘‘such chapter’’. 

March 21, 2018 (6:08 p.m.)
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1 (b) GENERAL DEADWOOD-RELATED PROVISIONS.— 

2 (1) Section 25A(c)(1) is amended by striking 

3 ‘‘($5,000 in the case of taxable years beginning be4 fore January 1, 2003)’’. 

5 (2) Section 26(b)(2) is amended by striking 

6 subparagraph (P). 

7 (3) Section 30C(e) is amended by striking para8 graph (6) and redesignating paragraph (7) as para9 graph (6). 

10 (4) Section 32(l) is amended by striking ‘‘, and 

11 any payment made to such individual (or such 

12 spouse) by an employer under section 3507,’’. 

13 (5)(A) Section 38(c)(5) is amended— 

14 (i) by striking all that precedes subpara15 graph (C) thereof and inserting the following: 

16 ‘‘(5) RULES RELATED TO ELIGIBLE SMALL

17 BUSINESSES.—’’, 

18 (ii) by redesignating subparagraphs (C) 

19 and (D) as subparagraphs (A) and (B), respec20 tively, and 

21 (iii) by amending subparagraph (B) (as so 

22 redesignated) to read as follows: 

23 ‘‘(B) TREATMENT OF PARTNERS AND S

24 CORPORATION SHAREHOLDERS.—For purposes 

25 of paragraph (4)(B)(ii), any credit determined 

March 21, 2018 (6:08 p.m.)
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1 under section 41 with respect to a partnership 

2 or S corporation shall not be treated as a speci3 fied credit by any partner or shareholder unless 

4 such partner or shareholder meets the gross re5 ceipts test under subparagraph (A) for the tax6 able year in which such credit is treated as a 

7 current year business credit.’’. 

8 (B) Section 38(c)(2)(A)(ii)(II) is amended by 

9 striking ‘‘the eligible small business credits,’’. 

10 (C) Section 38(c)(4)(A)(ii)(II) is amended by 

11 striking ‘‘the eligible small business credits and’’. 

12 (D) Section 38(c)(4)(B)(ii) is amended by strik13 ing ‘‘(as defined in paragraph (5)(C), after applica14 tion of rules similar to the rules of paragraph 

15 (5)(D))’’ and inserting ‘‘(as defined in paragraph 

16 (5)(A) after application of the rules of paragraph 

17 (5)(B))’’. 

18 (E) Section 39(a) is amended by striking para19 graph (4). 

20 (F) Section 39(a)(3)(A) is amended by striking 

21 ‘‘or the eligible small business credits’’. 

22 (6) Section 41(c)(4)(A), as amended by the pre23 ceding provisions of this Act, is amended by striking 

24 ‘‘(12 percent in the case of taxable years ending be25 fore January 1, 2009)’’. 

March 21, 2018 (6:08 p.m.)
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1 (7) Section 56(b)(1)(E) is amended by striking 

2 the last sentence. 

3 (8) Section 56(d)(1)(A)(ii)(I) is amended by in4 serting ‘‘(as in effect before its repeal by the Tax In5 crease Prevention Act of 2014)’’ after ‘‘section 

6 172(b)(1)(H)’’. 

7 (9) Section 126(a) is amended by striking para8 graph (7) and by redesignating paragraphs (8) and 

9 (9) as paragraphs (7) and (8), respectively. 

10 (10)(A) Section 139(c)(2) is amended by strik11 ing ‘‘section 165(h)(3)(C)(i)’’ and inserting ‘‘section 

12 165(i)(5)(A)’’. 

13 (B) Section 7508A(a) is amended by striking 

14 ‘‘section 165(h)(3)(C)(i)’’ and inserting ‘‘section 

15 165(i)(5)(A)’’. 

16 (11) Section 140(a) is amended by striking 

17 paragraph (2) and by redesignating paragraphs (3) 

18 through (6) as paragraphs (2) through (5), respec19 tively. 

20 (12) Section 163(d)(4) is amended by striking 

21 subparagraph (E). 

22 (13)(A) Section 168 is amended by striking 

23 subsection (n). 

March 21, 2018 (6:08 p.m.)
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1 (B) The amendment made by this paragraph 

2 shall not apply to property placed in service before 

3 the date of the enactment of this Act. 

4 (14) Section 170(e)(3) is amended by striking 

5 subparagraph (D) and redesignating subparagraph 

6 (E) as subparagraph (D). 

7 (15)(A) Section 179 is amended by striking 

8 subsection (e) and redesignating subsection (f) as 

9 subsection (e). 

10 (B) Section 179(d)(1)(B)(ii) is amended by 

11 striking ‘‘subsection (f)’’ and inserting ‘‘subsection 

12 (e)’’. 

13 (C) The amendments made by this paragraph 

14 shall not apply to property placed in service before 

15 the date of the enactment of this Act. 

16 (16) Section 196(d) is amended— 

17 (A) by striking ‘‘in the case of—’’ and all 

18 that follows and inserting ‘‘in the case of the 

19 investment credit determined under section 46 

20 (other than the rehabilitation credit).’’, and 

21 (B) by striking ‘‘AND RESEARCH CREDIT’’ 

22 in the heading thereof. 

23 (17) Section 246A(b)(1) is amended by striking 

24 ‘‘without regard to section 243(d)(4)’’. 

March 21, 2018 (6:08 p.m.)
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1 (18) Section 381(c)(16) is amended by striking 

2 the second sentence. 

3 (19) Section 411(a)(3)(F)(i) is amended by 

4 striking ‘‘under section 418D or’’. 

5 (20) Section 415(g) is amended by striking 

6 ‘‘subsection (f)(3)’’ and inserting ‘‘subsection 

7 (f)(2)’’. 

8 (21)(A) Section 419(e)(3)(A) is amended by 

9 striking ‘‘(17), or (20)’’ and inserting ‘‘or (17)’’. 

10 (B) Section 419A(g)(1) is amended by striking 

11 ‘‘(17), or (20)’’ and inserting ‘‘or (17)’’. 

12 (C) Section 419A(g)(2) is amended by striking 

13 ‘‘(17), or (20)’’ and inserting ‘‘or (17)’’. 

14 (D) Section 505 is amended— 

15 (i) in the heading thereof, by striking 

16 ‘‘PARAGRAPH (9), (17), OR (20)’’ and insert17 ing ‘‘PARAGRAPH (9) OR (17)’’, 

18 (ii) in the heading of subsection (a), by 

19 striking ‘‘PARAGRAPH (9) OR (20) OF SECTION

20 501(c)’’ and inserting ‘‘SECTION 501(c)(9)’’, 

21 (iii) in subsection (a)(1), by striking ‘‘para22 graph (9) or (20) of subsection (c) of section 

23 501’’ and inserting ‘‘section 501(c)(9)’’, and 

March 21, 2018 (6:08 p.m.)
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1 (iv) in subsection (c)(1), by striking ‘‘para2 graph (9), (17), or (20)’’ and inserting ‘‘para3 graph (9) or (17)’’. 

4 (E) Subparagraphs (A), (C), and (D) of section 

5 512(a)(3) are each amended in the text thereof by 

6 striking ‘‘(17), or (20)’’ and inserting ‘‘or (17)’’. 

7 (F) Subparagraphs (B)(ii) and (E) of section 

8 512(a)(3) are each amended in the text thereof by 

9 striking ‘‘, (17), or (20)’’ and inserting ‘‘or (17)’’. 

10 (G) The heading of section 512(a)(3) is amend11 ed by striking ‘‘(17), OR (20)’’ and inserting ‘‘OR

12 (17)’’. 

13 (H) The heading of section 512(a)(3)(E) is 

14 amended by striking ‘‘, (17), OR (20)’’ and inserting 

15 ‘‘OR (17)’’. 

16 (I) The item relating to section 505 in the table 

17 of sections for part I of subchapter F of chapter 1 

18 is amended to read as follows: 

‘‘Sec. 505. Additional requirements for organizations described in paragraph 

(9) or (17) of section 501(c).’’. 

19 (22) Section 501(p)(4) is amended by striking 

20 ‘‘, 556(b)(2)’’. 

21 (23) Section 530(b)(3) is amended— 

22 (A) by striking ‘‘(as defined in section 

23 170(e)(6)(F)(i))’’ in subparagraph (A)(iii), and 

March 21, 2018 (6:08 p.m.)
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1 (B) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(C) COMPUTER TECHNOLOGY OR EQUIP4 MENT.—The term ‘computer technology or 

5 equipment’ means computer software (as de6 fined by section 197(e)(3)(B)), computer or pe7 ripheral equipment (as defined by section 

8 168(i)(2)(B)), and fiber optic cable related to 

9 computer use.’’. 

10 (24) Section 593(b)(2)(D)(iv) is amended by 

11 striking ‘‘(determined without regard to section 

12 596)’’. 

13 (25) Section 597(c)(1) is amended by striking 

14 ‘‘or section 21A of the Federal Home Loan Bank 

15 Act’’. 

16 (26) Section 613A(c)(6) is amended by striking 

17 subparagraph (H). 

18 (27) Section 664(g)(3)(E) is amended by strik19 ing ‘‘limitations under sections 415(c) and (e)’’ and 

20 inserting ‘‘limitation under section 415(c)’’. 

21 (28) Section 856(m) is amended by striking 

22 paragraph (6). 

23 (29) Section 871(a)(3) is amended by striking 

24 the last sentence thereof. 

March 21, 2018 (6:08 p.m.)
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1 (30) Section 992(d) is amended by striking 

2 paragraph (6), by inserting ‘‘or’’ at the end of para3 graph (5), and by redesignating paragraph (7) as 

4 paragraph (6). 

5 (31) Section 1245(a)(3)(C) is amended by 

6 striking ‘‘, 185’’. 

7 (32)(A) Section 1252(a)(1) is amended by 

8 striking ‘‘during a taxable year beginning’’. 

9 (B) Section 1252(a)(1)(A) is amended— 

10 (i) by striking ‘‘sections’’ and inserting 

11 ‘‘section’’, and 

12 (ii) by striking ‘‘and 182’’ and all that fol13 lows through ‘‘for expenditures’’ and inserting 

14 ‘‘for expenditures’’. 

15 (C) Section 1252(a)(2) is amended— 

16 (i) by striking ‘‘sections’’ and inserting 

17 ‘‘section’’, and 

18 (ii) by striking ‘‘or 182’’ and all that fol19 lows and inserting a period. 

20 (33) Section 1374(d)(2)(B) is amended by 

21 striking the last sentence. 

22 (34) Section 3111 is amended by striking sub23 section (d). 

24 (35) Section 3127(b)(3) is amended by striking 

25 ‘‘or 222(b)’’. 

March 21, 2018 (6:08 p.m.)
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1 (36) Section 3221 is amended by striking sub2 section (c) and by redesignating subsection (d) as 

3 subsection (c). 

4 (37) Section 3301 is amended by striking 

5 ‘‘equal to—’’ and all that follows and inserting 

6 ‘‘equal to 6 percent of the total wages (as defined 

7 in section 3306(b)) paid by such employer during 

8 the calendar year with respect to employment (as de9 fined in section 3306(c)).’’. 

10 (38) Section 3302(c)(2) is amended by striking 

11 the next to last sentence. 

12 (39) Section 3302(f)(2) is amended— 

13 (A) by striking ‘‘(or, for purposes of apply14 ing this subparagraph to taxable year 1983, 

15 September 30, 1981)’’ in subparagraph (D), 

16 and 

17 (B) by striking the last sentence. 

18 (40) Section 4042(b)(1) is amended by adding 

19 ‘‘and’’ at the end of subparagraph (A), by striking 

20 ‘‘, and’’ at the end of subparagraph (B) and insert21 ing a period, and by striking subparagraph (C). 

22 (41) Section 4042(b)(2) is amended by striking 

23 subparagraph (C). 

March 21, 2018 (6:08 p.m.)
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1 (42) Section 4261(b)(1) is amended by striking 

2 ‘‘a tax in the amount’’ and all that follows and in3 serting ‘‘a tax in the amount of $3.00.’’. 

4 (43) Section 4481(d) is amended to read as fol5 lows: 

6 ‘‘(d) ONE TAX LIABILITY PER PERIOD.—To the ex7 tent that the tax imposed by this section is paid with re8 spect to any highway motor vehicle for any taxable period, 

9 no further tax shall be imposed by this section for such 

10 taxable period with respect to such vehicle.’’. 

11 (44) Section 4971(d) is amended by striking 

12 the last sentence. 

13 (45) Section 6050G(a)(2) is amended by strik14 ing ‘‘(to the extent not previously taken into account 

15 under section 72(d)(1))’’. 

16 (46) Section 6215(b) is amended by striking 

17 paragraph (5) and by redesignating paragraphs (6) 

18 and (7) as paragraphs (5) and (6), respectively. 

19 (47) Section 6601(b) is amended by striking 

20 paragraph (2) and by redesignating paragraphs (3) 

21 through (5) as paragraphs (2) through (4), respec22 tively. 

23 (48) Section 6654(d)(1)(C)(i) is amended by 

24 striking ‘‘by substituting’’ and all that follows and 

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1 inserting ‘‘by substituting ‘110 percent’ for ‘100 

2 percent’.’’. 

3 (49) Section 6654(d)(1) is amended by striking 

4 subparagraph (D). 

5 (50) Part II of subchapter C of chapter 75 is 

6 amended by striking section 7326 (and by striking 

7 the item relating to such section in the table of sec8 tions for such part). 

9 (51) Section 7448(a)(5) is amended by striking 

10 ‘‘, whether or not performing judicial duties under 

11 section 7443B’’. 

12 (52) Section 7448(a)(6) is amended by striking 

13 ‘‘, and compensation received under section 7443B’’. 

14 (53) Section 7448(d) is amended by striking 

15 ‘‘at 4 percent per annum to December 31, 1947, 

16 and 3 percent per annum thereafter’’ and inserting 

17 ‘‘at 3 percent per annum’’. 

18 (54) Section 7701(a)(19)(A) is amended by 

19 striking ‘‘either (i)’’ and all that follows through 

20 ‘‘(ii)’’. 

21 (55) Section 7701(a)(32)(A) is amended to 

22 read as follows: 

23 ‘‘(A) is subject by law to supervision and 

24 examination by State or Federal authority hav25 ing supervision over such institutions, and’’. 

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1 (56) Section 8021 is amended by striking sub2 section (f). 

3 (57) Section 8022(3) is amended by striking 

4 subparagraph (C). 

5 (c) REPEAL OF CERTAIN OBSOLETE BOND PROVI6 SIONS.— 

7 (1) CERTAIN RULES WITH RESPECT TO BONDS

8 ISSUED BEFORE JULY 2, 1982.— 

9 (A) Section 1271 is amended— 

10 (i) by striking subsection (c) and by 

11 redesignating subsection (d) as subsection 

12 (c), and 

13 (ii) by striking ‘‘(and paragraph (2) of 

14 subsection (c))’’ in subsection (a)(2)(B). 

15 (B) Section 1272 is amended by striking 

16 subsection (b) and by redesignating subsections 

17 (c) and (d) as subsections (b) and (c), respec18 tively. 

19 (C) Section 163(e)(1) is amended by strik20 ing ‘‘In the case of any debt instrument issued 

21 after July 1, 1982, the portion of the original 

22 issue discount with respect to such debt instru23 ment which is’’ and inserting ‘‘The portion of 

24 the original issue discount with respect to any 

25 debt instrument which is’’. 

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1 (D) Section 1271(a)(2)(A)(ii) is amended 

2 by striking ‘‘subsection (a)(7) or (b)(4) of sec3 tion 1272’’ and inserting ‘‘section 1272(a)(7)’’. 

4 (E) Section 1271(b)(1) is amended to read 

5 as follows: 

6 ‘‘(1) IN GENERAL.—This section shall not apply 

7 to any obligation issued by a natural person before 

8 June 9, 1997.’’. 

9 (F) Section 1272(a) is amended— 

10 (i) by striking ‘‘ON DEBT INSTRU11 MENTS ISSUED AFTER JULY 1, 1982,’’ in 

12 the heading, and 

13 (ii) by striking ‘‘issued after July 1, 

14 1982’’ in paragraph (1). 

15 (G) Section 1278(a)(4)(B) is amended by 

16 striking ‘‘or (b)(4)’’. 

17 (H) The amendments made by this para18 graph shall apply to debt instruments issued on 

19 or after July 2, 1982. 

20 (2) CERTAIN RULES WITH RESPECT TO

21 STRIPPED BONDS PURCHASED BEFORE JULY 2, 

22 1982.— 

23 (A) Section 1286, as amended by this sec24 tion, is amended by striking subsection (c) and 

25 by redesignating subsections (d), (e), (f), and 

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1 (g) as subsections (c), (d), (e), and (f), respec2 tively. 

3 (B) Subsections (a) and (b) of section 

4 1286 are each amended by striking ‘‘after July 

5 1, 1982,’’. 

6 (C) Section 1286(d)(5), as redesignated by 

7 subparagraph (A), is amended by striking the 

8 last sentence. 

9 (D) Section 305(e)(7) is amended by strik10 ing ‘‘1286(f)’’ and inserting ‘‘1286(e)’’. 

11 (E) The amendments made by this para12 graph shall apply to bonds purchased on or 

13 after July 2, 1982. 

14 (3) CERTAIN RULES WITH RESPECT TO OBLIGA15 TIONS ISSUED BEFORE MARCH 2, 1984.— 

16 (A) Section 1272(a)(2) is amended by 

17 striking subparagraph (D) and by redesignating 

18 subparagraph (E) as subparagraph (D). 

19 (B) Section 163(e)(4) is amended to read 

20 as follows: 

21 ‘‘(4) EXCEPTION.—This subsection shall not 

22 apply to any debt instrument described in section 

23 1272(a)(2)(D) (relating to loans between natural 

24 persons).’’. 

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1 (C) The amendments made by this para2 graph shall apply to obligations issued on or 

3 after March 2, 1984. 

4 (d) DEADWOOD PROVISIONS INVOLVING REPEAL OF

5 ONE OR MORE SECTIONS.— 

6 (1) PUERTO RICO ECONOMIC ACTIVITY CREDIT; 

7 PUERTO RICO AND POSSESSION TAX CREDIT.— 

8 (A) POSSESSION TAX CREDIT.—Section 27 

9 is amended to read as follows: 

10 ‘‘SEC. 27. TAXES OF FOREIGN COUNTRIES AND POSSES11 SIONS OF THE UNITED STATES. 

12 ‘‘The amount of taxes imposed by foreign countries 

13 and possessions of the United States shall be allowed as 

14 a credit against the tax imposed by this chapter to the 

15 extent provided in section 901’’. 

16 (B) PUERTO RICO ECONOMIC ACTIVITY

17 CREDIT.—Subpart C of part IV of subchapter 

18 A of chapter 1 is amended by striking section 

19 30A (and by striking the item relating to such 

20 section in the table of sections for such sub21 part). 

22 (C) PUERTO RICO AND POSSESSION TAX

23 CREDIT.—Subpart C of part III of subchapter 

24 N of chapter 1 is amended by striking section 

25 936 (and by striking the item relating to such 

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1 section in the table of sections for such sub2 part). 

3 (D) CONFORMING AMENDMENTS.— 

4 (i) The item relating to section 27 in 

5 the table of sections for subpart B of part 

6 IV of subchapter A of chapter 1 is amend7 ed to read as follows: 

‘‘Sec. 27. Taxes of foreign countries and possessions of the United States.’’. 

8 (ii) Sections 26(a)(1), 59(a)(1), 

9 469(c)(3)(B), and 469(d)(2)(A)(ii) are 

10 each amended by striking ‘‘27(a)’’ and in11 serting ‘‘27’’. 

12 (iii) Section 45C(d)(2) is amended— 

13 (I) by striking subparagraph (B), 

14 (II) by redesignating clauses (i) 

15 and (ii) of subparagraph (A) as sub16 paragraphs (A) and (B), respectively, 

17 and moving such subparagraphs (as 

18 so redesignated) 2 ems to the left, and 

19 (III) by striking ‘‘IN GENERAL.— 

20 ’’ and all that precedes it and insert21 ing the following: 

22 ‘‘(2) SPECIAL LIMITATIONS ON FOREIGN TEST23 ING.—’’. 

24 (iv) Section 168(g)(4)(G) is amended 

25 by striking ‘‘(other than a corporation 

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1 which has an election in effect under sec2 tion 936)’’. 

3 (v) Section 243(b)(1)(B) is amended 

4 to read as follows: 

5 ‘‘(B) if such dividend is distributed out of 

6 the earnings and profits of a taxable year of the 

7 distributing corporation which ends after De8 cember 31, 1963, and on each day of which the 

9 distributing corporation and the corporation re10 ceiving the dividend were members of such af11 filiated group.’’. 

12 (vi) Section 246 is amended by strik13 ing subsection (e). 

14 (vii) Section 338(h)(6)(B)(i) is 

15 amended by striking ‘‘, a DISC, or a cor16 poration to which an election under section 

17 936 applies’’ and inserting ‘‘or a DISC’’. 

18 (viii)(I) Section 367(d) is amended by 

19 adding at the end the following new para20 graph: 

21 ‘‘(4) INTANGIBLE PROPERTY.—For purposes of 

22 this subsection, the term ‘intangible property’ means 

23 any— 

24 ‘‘(A) patent, invention, formula, process, 

25 design, pattern, or know-how, 

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1 ‘‘(B) copyright, literary, musical, or artis2 tic composition, 

3 ‘‘(C) trademark, trade name, or brand 

4 name, 

5 ‘‘(D) franchise, license, or contract, 

6 ‘‘(E) method, program, system, procedure, 

7 campaign, survey, study, forecast, estimate, 

8 customer list, or technical data, 

9 ‘‘(F) goodwill, going concern value, or 

10 workforce in place (including its composition 

11 and terms and conditions (contractual or other12 wise) of its employment), or 

13 ‘‘(G) other item the value or potential 

14 value of which is not attributable to tangible 

15 property or the services of any individual.’’. 

16 (II) Section 367(d)(1) is amended by 

17 striking ‘‘(within the meaning of section 

18 936(h)(3)(B))’’. 

19 (III) Sections 482 and 1298(e)(2)(A) 

20 are each amended by striking ‘‘section 

21 936(h)(3)(B)’’ and inserting ‘‘section 

22 367(d)(4)’’. 

23 (ix) Section 861(a)(2)(A) is amended 

24 by striking ‘‘other than a corporation 

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1 which has an election in effect under sec2 tion 936’’. 

3 (x) Section 864(d)(5) is amended to 

4 read as follows: 

5 ‘‘(5) CERTAIN PROVISIONS NOT TO APPLY.— 

6 The following provisions shall not apply to any 

7 amount treated as interest under paragraph (1) or 

8 (6): 

9 ‘‘(A) Section 904(d)(2)(B)(iii)(I) (relating 

10 to exceptions for export financing interest). 

11 ‘‘(B) Subparagraph (A) of section 

12 954(b)(3) (relating to exception where foreign 

13 base company income is less than 5 percent or 

14 $1,000,000). 

15 ‘‘(C) Subparagraph (B) of section 

16 954(c)(2) (relating to certain export financing). 

17 ‘‘(D) Clause (i) of section 954(c)(3)(A) 

18 (relating to certain income received from related 

19 persons).’’. 

20 (xi) Section 865(j)(3) is amended by 

21 striking ‘‘, 933, and 936’’ and inserting 

22 ‘‘and 933’’. 

23 (xii) Section 901(g)(2) is amended by 

24 inserting ‘‘(as in effect on the day before 

25 the date of the enactment of the Tax TechMarch 21, 2018 (6:08 p.m.)
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1 nical Corrections Act of 2018)’’ after ‘‘sec2 tion 936’’. 

3 (xiii) Section 904(b) is amended by 

4 striking paragraph (4) and by redesig5 nating paragraph (5) as paragraph (4). 

6 (xiv) Section 904(f)(1) is amended by 

7 striking ‘‘and section 936’’. 

8 (xv) Section 1202(e)(4) is amended by 

9 striking subparagraph (B) and by redesig10 nating subparagraphs (C) and (D) as sub11 paragraphs (B) and (C), respectively. 

12 (xvi) Section 1361(b)(2) is amended 

13 by adding ‘‘or’’ at the end of subparagraph 

14 (B), by striking subparagraph (C), and by 

15 redesignating subparagraph (D) as sub16 paragraph (C). 

17 (xvii)(I) Section 1504(b) is amended 

18 by striking paragraph (4) and by redesig19 nating paragraphs (6), (7), and (8) as 

20 paragraphs (4), (5), and (6), respectively. 

21 (II) Section 243(b)(2) is amended by 

22 striking ‘‘, 1504(b)(4),’’. 

23 (III) Section 332(d)(2)(B) is amended 

24 by striking ‘‘paragraphs (2) and (4)’’ and 

25 inserting ‘‘paragraph (2)’’. 

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1 (IV) Section 864(e)(5)(A) is amended 

2 by striking ‘‘(determined without regard to 

3 paragraph (4) of section 1504(b))’’. 

4 (V) Section 864(f) is amended in 

5 paragraphs (1)(C)(i) and (2) by striking 

6 ‘‘paragraphs (2) and (4)’’ and inserting 

7 ‘‘paragraph (2)’’. 

8 (xviii) Section 6091(b)(2)(B) is 

9 amended by striking clause (ii) and by re10 designating clauses (iii) and (iv) as clauses 

11 (ii) and (iii), respectively. 

12 (xix) Section 6654(d)(2)(D) is amend13 ed— 

14 (I) by striking ‘‘936(h) or’’ in 

15 clause (i), and 

16 (II) by striking ‘‘AND SECTION

17 936’’ in the heading. 

18 (xx) Section 6655(e)(4) is amended— 

19 (I) by striking ‘‘936(h) or’’ in 

20 subparagraph (A), and 

21 (II) by striking ‘‘AND SECTION

22 936’’ in the heading. 

23 (2) ENERGY EFFICIENT APPLIANCE CREDIT.— 

24 (A) IN GENERAL.—Subpart D of part IV 

25 of subchapter A of chapter 1 is amended by 

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1 striking section 45M (and by striking the item 

2 relating to such section in the table of sections 

3 for such subpart). 

4 (B) CONFORMING AMENDMENT.—Section 

5 38(b), as amended by the preceding provisions 

6 of this Act, is amended by striking paragraph 

7 (24) and by redesignating paragraphs (25) 

8 through (37) as paragraphs (24) through (36), 

9 respectively. 

10 (3) QUALIFYING THERAPEUTIC DISCOVERY

11 PROJECT CREDIT.— 

12 (A) IN GENERAL.—Subpart E of part IV 

13 of subchapter A of chapter 1 is amended by 

14 striking section 48D (and by striking the item 

15 relating to such section in the table of sections 

16 for such subpart). 

17 (B) CONFORMING AMENDMENTS.— 

18 (i) Section 49(a)(1)(C) is amended by 

19 adding ‘‘and’’ at the end of clause (iv), by 

20 striking ‘‘, and’’ at the end of clause (v) 

21 and inserting a period, and by striking 

22 clause (vi). 

23 (ii) Section 50(a)(2)(E) is amended 

24 by striking ‘‘48C(b)(2), or 48D(b)(4)’’ and 

25 inserting ‘‘or 48C(b)(2)’’. 

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1 (iii) Section 280C is amended by 

2 striking the subsection (g) which relates to 

3 the qualifying therapeutic discovery project 

4 credit. 

5 (C) SAVINGS PROVISION.—In the case of 

6 the repeal of section 48D(e)(1) of the Internal 

7 Revenue Code of 1986, the amendments made 

8 by this paragraph shall not apply to expendi9 tures made in taxable years beginning before 

10 January 1, 2011. 

11 (4) DC ZONE PROVISIONS.— 

12 (A) IN GENERAL.—Chapter 1 is amended 

13 by striking subchapter W (and by striking the 

14 item relating to such subchapter in the table of 

15 subchapters for such chapter). 

16 (B) CONFORMING AMENDMENTS.— 

17 (i) Section 23(c)(1) is amended by 

18 striking ‘‘sections 25D and 1400C’’ and 

19 inserting ‘‘section 25D’’. 

20 (ii) Section 25(e)(1)(C) is amended by 

21 striking ‘‘sections 23, 25D, and 1400C’’ 

22 and inserting ‘‘sections 23 and 25D’’. 

23 (iii) Section 45D(h) is amended by 

24 striking ‘‘sections 1202, 1400B, and 

25 1400F’’ and inserting ‘‘section 1202’’. 

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1 (iv) Section 1016(a) is amended by 

2 striking paragraph (27). 

3 (v) Section 1202(a)(2)(B) is amended 

4 by inserting ‘‘(as in effect before its re5 peal)’’ after ‘‘1400B(b)’’. 

6 (vi) Section 1223(13) is amended by 

7 striking ‘‘sections 1202(a)(2), 

8 1202(c)(2)(A), 1400B(b), and 1400F(b)’’ 

9 and inserting ‘‘subsections (a)(2) and 

10 (c)(2)(A) of section 1202’’. 

11 (vii) Section 1397B(b)(1) is amended 

12 by striking subparagraph (B). 

13 (C) SAVINGS PROVISIONS.—The amend14 ments made by this paragraph shall not apply 

15 to— 

16 (i) in the case of the repeal of section 

17 1400A of the Internal Revenue Code of 

18 1986, obligations described in section 1394 

19 of such Code (as in effect before its repeal) 

20 which were issued before January 1, 2012, 

21 (ii) in the case of the repeal of section 

22 1400B of such Code, DC Zone assets (as 

23 defined in such section, as in effect before 

24 its repeal) which were acquired by the tax25 payer before January 1, 2012, and 

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1 (iii) in the case of the repeal of sec2 tion 1400C of such Code, principal resi3 dences acquired before January 1, 2012. 

4 (5) RENEWAL COMMUNITY PROVISIONS.— 

5 (A) IN GENERAL.—Chapter 1 is amended 

6 by striking subchapter X (and by striking the 

7 item relating to such subchapter in the table of 

8 subchapters for such chapter). 

9 (B) CONFORMING AMENDMENTS.— 

10 (i) Section 469(i)(3) is amended by 

11 striking subparagraph (C) and by redesig12 nating subparagraphs (D), (E), and (F) as 

13 subparagraphs (C), (D), and (E), respec14 tively. 

15 (ii) Section 469(i)(3)(D), as so redes16 ignated, is amended to read as follows: 

17 ‘‘(D) ORDERING RULE.—Paragraph (1) 

18 shall be applied for any taxable year— 

19 ‘‘(i) first, to the passive activity loss, 

20 ‘‘(ii) second, to the portion of the pas21 sive activity credit to which subparagraph 

22 (B) and (C) does not apply, 

23 ‘‘(iii) third, to the portion of such 

24 credit to which subparagraph (B) applies, 

25 and 

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1 ‘‘(iv) then, to the portion of such cred2 it to which subparagraph (C) applies.’’. 

3 (iii) Section 469(i)(6)(B) is amend4 ed— 

5 (I) by striking ‘‘, REHABILITA6 TION CREDIT, OR COMMERCIAL REVI7 TALIZATION DEDUCTION’’ in the head8 ing and inserting ‘‘OR REHABILITA9 TION CREDIT’’, 

10 (II) by adding ‘‘or’’ at the end of 

11 clause (i), 

12 (III) by striking ‘‘, or’’ at the 

13 end of clause (ii) and inserting a 

14 comma, and 

15 (IV) by striking clause (iii). 

16 (iv) Section 1397B(b)(1), as amended 

17 by the preceding provisions of this Act, is 

18 amended by adding at the end the fol19 lowing new subparagraph: 

20 ‘‘(B) REFERENCES.—Any reference in this 

21 paragraph to section 1400F shall be treated as 

22 reference to such section before its repeal.’’. 

23 (v) Section 1397B(b)(5) is amended 

24 by striking ‘‘which is sold—’’ and all that 

25 follows and inserting ‘‘which is sold, the 

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1 taxpayer’s holding period for such asset 

2 and the asset referred to in subsection 

3 (a)(1) shall be determined without regard 

4 to section 1223.’’. 

5 (C) SAVINGS PROVISIONS.—The amend6 ments made by this paragraph shall not apply 

7 to— 

8 (i) in the case of the repeal of section 

9 1400F of the Internal Revenue Code of 

10 1986, qualified community assets (as de11 fined in such section, as in effect before its 

12 repeal) which were acquired by the tax13 payer before January 1, 2010, 

14 (ii) in the case of the repeal section 

15 1400H of such Code, wages paid or in16 curred before January 1, 2010, 

17 (iii) in the case of the repeal of sec18 tion 1400I of such Code, qualified revital19 ization buildings (as defined in such sec20 tion, as in effect before its repeal) which 

21 were placed in service before January 1, 

22 2010, and 

23 (iv) in the case of the repeal of section 

24 1400J of such Code, property acquired be25 fore January 1, 2010. 

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1 (6) SHORT-TERM REGIONAL BENEFITS.— 

2 (A) IN GENERAL.—Chapter 1 is amended 

3 by striking subchapter Y (and by striking the 

4 item relating to such subchapter in the table of 

5 subchapters for such chapter). 

6 (B) CONFORMING AMENDMENTS.— 

7 (i) Section 38(b), as amended by the 

8 preceding provisions of this Act, is amend9 ed by striking paragraphs (26), (27), (28), 

10 and (29) and by redesignating paragraphs 

11 (30) through (36) as paragraphs (26) 

12 through (32), respectively. 

13 (ii) Section 38(c)(2)(A)(ii)(II), as 

14 amended by the preceding provisions of 

15 this Act, is amended by striking ‘‘, the 

16 New York Liberty Zone business employee 

17 credit,’’. 

18 (iii) Section 38(c) is amended by 

19 striking paragraph (3). 

20 (iv) Section 280C(a), as amended by 

21 the preceding provisions of this Act, is 

22 amended by striking ‘‘1396(a), 1400P(b), 

23 and 1400R’’ and inserting ‘‘and 1396(a)’’. 

24 (v) Section 6033(b)(14) is amended 

25 by striking ‘‘including the amount and use 

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1 of qualified contributions to which section 

2 1400S(a) applies,’’. 

3 (vi) Section 6049(d)(8)(A) is amend4 ed— 

5 (I) by striking ‘‘or 1400N(l)(6)’’, 

6 and 

7 (II) by striking ‘‘or 

8 1400N(l)(2)(D), as the case may be’’. 

9 (C) SAVINGS PROVISIONS.—The amend10 ments made by this paragraph shall not apply 

11 to— 

12 (i) in the case of the repeal of section 

13 1400L(a) of the Internal Revenue Code of 

14 1986, qualified wages (as defined in such 

15 section, as in effect before its repeal) which 

16 were paid or incurred before January 1, 

17 2004, 

18 (ii) in the case of the repeal of sub19 sections (b) and (f) of section 1400L of 

20 such Code, qualified New York Liberty 

21 Zone property (as defined in section 

22 1400L(b) of such Code, as in effect before 

23 its repeal) placed in service before January 

24 1, 2010, 

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1 (iii) in the case of the repeal of sec2 tion 1400L(c) of such Code, qualified New 

3 York Liberty Zone leasehold improvement 

4 property (as defined in such section, as in 

5 effect before its repeal) placed in service 

6 before January 1, 2007, 

7 (iv) in the case of the repeal of section 

8 1400L(d) of such Code, qualified New 

9 York Liberty bonds (as defined in such 

10 section, as in effect before its repeal) 

11 issued before January 1, 2014, 

12 (v) in the case of the repeal of section 

13 1400L(e) of such Code, advanced 

14 refundings before January 1, 2006, 

15 (vi) in the case of the repeal of section 

16 1400L(g) of such Code, property which is 

17 compulsorily or involuntarily converted as 

18 a result of the terrorist attacks on Sep19 tember 11, 2001, 

20 (vii) in the case of the repeal of sec21 tion 1400N(a) of such Code, obligations 

22 issued before January 1, 2012, 

23 (viii) in the case of the repeal of sec24 tion 1400N(b) of such Code, advanced 

25 refundings before January 1, 2011, 

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1 (ix) in the case of the repeal of section 

2 1400N(d) of such Code, property placed in 

3 service before January 1, 2012, 

4 (x) in the case of the repeal of section 

5 1400N(e) of such Code, property placed in 

6 service before January 1, 2009, 

7 (xi) in the case of the repeal of sub8 sections (f) and (g) of section 1400N of 

9 such Code, amounts paid or incurred be10 fore January 1, 2008, 

11 (xii) in the case of the repeal of sec12 tion 1400N(h) of such Code, amounts paid 

13 or incurred before January 1, 2012, 

14 (xiii) in the case of the repeal of sec15 tion 1400N(k)(1)(B) of such Code, losses 

16 arising in taxable years beginning before 

17 January 1, 2008, 

18 (xiv) in the case of the repeal of sec19 tion 1400N(l) of such Code, bonds issued 

20 before January 1, 2007, 

21 (xv) in the case of the repeal of sec22 tion 1400Q(a) of such Code, distributions 

23 before January 1, 2007, 

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1 (xvi) in the case of the repeal of sec2 tion 1400Q(b) of such Code, contributions 

3 before March 1, 2006, 

4 (xvii) in the case of the repeal of sec5 tion 1400Q(c) of such Code, loans made 

6 before January 1, 2007, 

7 (xviii) in the case of the repeal of sec8 tion 1400R of such Code, wages paid or 

9 incurred before January 1, 2006, 

10 (xix) in the case of the repeal of sec11 tion 1400S(a) of such Code, contributions 

12 paid before January 1, 2006, 

13 (xx) in the case of the repeal of sec14 tion 1400T of such Code, financing pro15 vided before January 1, 2011, and 

16 (xxi) in the case of the repeal of part 

17 III of subchapter Y of chapter 1 of such 

18 Code, obligations issued before January 1, 

19 2011. 

20 (7) PROVISIONS RELATED TO COBRA PREMIUM

21 ASSISTANCE.— 

22 (A) IN GENERAL.—Subchapter B of chap23 ter 65 is amended by striking section 6432 

24 (and by striking the item relating to such secMarch 21, 2018 (6:08 p.m.)
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1 tion in the table of sections for such sub2 chapter). 

3 (B) NOTIFICATION REQUIREMENT.—Part I 

4 of subchapter B of chapter 68 is amended by 

5 striking section 6720C (and by striking the 

6 item relating to such section in the table of sec7 tions for such part). 

8 (C) EXCLUSION FROM GROSS INCOME.— 

9 Part III of subchapter B of chapter 1 is amend10 ed by striking section 139C (and by striking the 

11 item relating to such section in the table of sec12 tions for such part). 

13 (8) EFFECTIVE DATE OF PRESIDENTIAL ELEC14 TION CAMPAIGN FUND.—Chapter 95 is amended by 

15 striking section 9013 (and by striking the item relat16 ing to such section in the table of sections for such 

17 chapter). 

18 (e) GENERAL SAVINGS PROVISION WITH RESPECT

19 TO DEADWOOD PROVISIONS.—If— 

20 (1) any provision amended or repealed by the 

21 amendments made by subsection (b) or (d) applied 

22 to— 

23 (A) any transaction occurring before the 

24 date of the enactment of this Act, 

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1 (B) any property acquired before such date 

2 of enactment, or 

3 (C) any item of income, loss, deduction, or 

4 credit taken into account before such date of 

5 enactment, and 

6 (2) the treatment of such transaction, property, 

7 or item under such provision would (without regard 

8 to the amendments or repeals made by such sub9 section) affect the liability for tax for periods ending 

10 after such date of enactment, 

11 nothing in the amendments or repeals made by this section 

12 shall be construed to affect the treatment of such trans13 action, property, or item for purposes of determining li14 ability for tax for periods ending after such date of enact15 ment. 

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1 DIVISION V—CLOUD ACT 

2 SEC. 101. SHORT TITLE. 

3 This division may be cited as the ‘‘Clarifying Lawful 

4 Overseas Use of Data Act’’ or the ‘‘CLOUD Act’’. 

5 SEC. 102. CONGRESSIONAL FINDINGS. 

6 Congress finds the following: 

7 (1) Timely access to electronic data held by 

8 communications-service providers is an essential 

9 component of government efforts to protect public 

10 safety and combat serious crime, including ter11 rorism. 

12 (2) Such efforts by the United States Govern13 ment are being impeded by the inability to access 

14 data stored outside the United States that is in the 

15 custody, control, or possession of communications16 service providers that are subject to jurisdiction of 

17 the United States. 

18 (3) Foreign governments also increasingly seek 

19 access to electronic data held by communications20 service providers in the United States for the pur21 pose of combating serious crime. 

22 (4) Communications-service providers face po23 tential conflicting legal obligations when a foreign 

24 government orders production of electronic data that 

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1 United States law may prohibit providers from dis2 closing. 

3 (5) Foreign law may create similarly conflicting 

4 legal obligations when chapter 121 of title 18, 

5 United States Code (commonly known as the ‘‘ 

6 Stored Communications Act’’), requires disclosure of 

7 electronic data that foreign law prohibits commu8 nications-service providers from disclosing. 

9 (6) International agreements provide a mecha10 nism for resolving these potential conflicting legal 

11 obligations where the United States and the relevant 

12 foreign government share a common commitment to 

13 the rule of law and the protection of privacy and 

14 civil liberties. 

15 SEC. 103. PRESERVATION OF RECORDS; COMITY ANALYSIS 

16 OF LEGAL PROCESS. 

17 (a) REQUIRED PRESERVATION AND DISCLOSURE OF

18 COMMUNICATIONS AND RECORDS.— 

19 (1) AMENDMENT.—Chapter 121 of title 18, 

20 United States Code, is amended by adding at the 

21 end the following: 

22 ‘‘§ 2713. Required preservation and disclosure of com23 munications and records 

24 ‘‘A provider of electronic communication service or 

25 remote computing service shall comply with the obligations 

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1 of this chapter to preserve, backup, or disclose the con2 tents of a wire or electronic communication and any record 

3 or other information pertaining to a customer or sub4 scriber within such provider’s possession, custody, or con5 trol, regardless of whether such communication, record, or 

6 other information is located within or outside of the 

7 United States.’’. 

8 (2) TABLE OF SECTIONS.—The table of sections 

9 for chapter 121 of title 18, United States Code, is 

10 amended by inserting after the item relating to sec11 tion 2712 the following: 

‘‘2713. Required preservation and disclosure of communications and records.’’. 

12 (b) COMITY ANALYSIS OF LEGAL PROCESS SEEKING

13 CONTENTS OF WIRE OR ELECTRONIC COMMUNICA14 TION.—Section 2703 of title 18, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘(h) COMITY ANALYSIS AND DISCLOSURE OF INFOR17 MATION REGARDING LEGAL PROCESS SEEKING CON18 TENTS OF WIRE OR ELECTRONIC COMMUNICATION.— 

19 ‘‘(1) DEFINITIONS.—In this subsection— 

20 ‘‘(A) the term ‘qualifying foreign govern21 ment’ means a foreign government— 

22 ‘‘(i) with which the United States has 

23 an executive agreement that has entered 

24 into force under section 2523; and 

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1 ‘‘(ii) the laws of which provide to elec2 tronic communication service providers and 

3 remote computing service providers sub4 stantive and procedural opportunities simi5 lar to those provided under paragraphs (2) 

6 and (5); and 

7 ‘‘(B) the term ‘United States person’ has 

8 the meaning given the term in section 2523. 

9 ‘‘(2) MOTIONS TO QUASH OR MODIFY.—(A) A 

10 provider of electronic communication service to the 

11 public or remote computing service, including a for12 eign electronic communication service or remote 

13 computing service, that is being required to disclose 

14 pursuant to legal process issued under this section 

15 the contents of a wire or electronic communication 

16 of a subscriber or customer, may file a motion to 

17 modify or quash the legal process where the provider 

18 reasonably believes— 

19 ‘‘(i) that the customer or subscriber is not 

20 a United States person and does not reside in 

21 the United States; and 

22 ‘‘(ii) that the required disclosure would 

23 create a material risk that the provider would 

24 violate the laws of a qualifying foreign govern25 ment. 

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1 Such a motion shall be filed not later than 14 

2 days after the date on which the provider was 

3 served with the legal process, absent agreement 

4 with the government or permission from the 

5 court to extend the deadline based on an appli6 cation made within the 14 days. The right to 

7 move to quash is without prejudice to any other 

8 grounds to move to quash or defenses thereto, 

9 but it shall be the sole basis for moving to 

10 quash on the grounds of a conflict of law re11 lated to a qualifying foreign government. 

12 ‘‘(B) Upon receipt of a motion filed pursuant to 

13 subparagraph (A), the court shall afford the govern14 mental entity that applied for or issued the legal 

15 process under this section the opportunity to re16 spond. The court may modify or quash the legal 

17 process, as appropriate, only if the court finds 

18 that— 

19 ‘‘(i) the required disclosure would cause 

20 the provider to violate the laws of a qualifying 

21 foreign government; 

22 ‘‘(ii) based on the totality of the cir23 cumstances, the interests of justice dictate that 

24 the legal process should be modified or quashed; 

25 and 

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1 ‘‘(iii) the customer or subscriber is not a 

2 United States person and does not reside in the 

3 United States. 

4 ‘‘(3) COMITY ANALYSIS.—For purposes of mak5 ing a determination under paragraph (2)(B)(ii), the 

6 court shall take into account, as appropriate— 

7 ‘‘(A) the interests of the United States, in8 cluding the investigative interests of the govern9 mental entity seeking to require the disclosure; 

10 ‘‘(B) the interests of the qualifying foreign 

11 government in preventing any prohibited disclo12 sure; 

13 ‘‘(C) the likelihood, extent, and nature of 

14 penalties to the provider or any employees of 

15 the provider as a result of inconsistent legal re16 quirements imposed on the provider; 

17 ‘‘(D) the location and nationality of the 

18 subscriber or customer whose communications 

19 are being sought, if known, and the nature and 

20 extent of the subscriber or customer’s connec21 tion to the United States, or if the legal process 

22 has been sought on behalf of a foreign authority 

23 pursuant to section 3512, the nature and extent 

24 of the subscriber or customer’s connection to 

25 the foreign authority’s country; 

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1 ‘‘(E) the nature and extent of the pro2 vider’s ties to and presence in the United 

3 States; 

4 ‘‘(F) the importance to the investigation of 

5 the information required to be disclosed; 

6 ‘‘(G) the likelihood of timely and effective 

7 access to the information required to be dis8 closed through means that would cause less se9 rious negative consequences; and 

10 ‘‘(H) if the legal process has been sought 

11 on behalf of a foreign authority pursuant to 

12 section 3512, the investigative interests of the 

13 foreign authority making the request for assist14 ance. 

15 ‘‘(4) DISCLOSURE OBLIGATIONS DURING PEND16 ENCY OF CHALLENGE.—A service provider shall pre17 serve, but not be obligated to produce, information 

18 sought during the pendency of a motion brought 

19 under this subsection, unless the court finds that im20 mediate production is necessary to prevent an ad21 verse result identified in section 2705(a)(2). 

22 ‘‘(5) DISCLOSURE TO QUALIFYING FOREIGN

23 GOVERNMENT.—(A) It shall not constitute a viola24 tion of a protective order issued under section 2705 

25 for a provider of electronic communication service to 

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1 the public or remote computing service to disclose to 

2 the entity within a qualifying foreign government, 

3 designated in an executive agreement under section 

4 2523, the fact of the existence of legal process 

5 issued under this section seeking the contents of a 

6 wire or electronic communication of a customer or 

7 subscriber who is a national or resident of the quali8 fying foreign government. 

9 ‘‘(B) Nothing in this paragraph shall be con10 strued to modify or otherwise affect any other au11 thority to make a motion to modify or quash a pro12 tective order issued under section 2705.’’. 

13 (c) RULE OF CONSTRUCTION.—Nothing in this sec14 tion, or an amendment made by this section, shall be con15 strued to modify or otherwise affect the common law 

16 standards governing the availability or application of com17 ity analysis to other types of compulsory process or to in18 stances of compulsory process issued under section 2703 

19 of title 18, United States Code, as amended by this sec20 tion, and not covered under subsection (h)(2) of such sec21 tion 2703. 

22 SEC. 104. ADDITIONAL AMENDMENTS TO CURRENT COM23 MUNICATIONS LAWS. 

24 Title 18, United States Code, is amended— 

25 (1) in chapter 119— 

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1 (A) in section 2511(2), by adding at the 

2 end the following: 

3 ‘‘(j) It shall not be unlawful under this chapter for 

4 a provider of electronic communication service to the pub5 lic or remote computing service to intercept or disclose the 

6 contents of a wire or electronic communication in response 

7 to an order from a foreign government that is subject to 

8 an executive agreement that the Attorney General has de9 termined and certified to Congress satisfies section 

10 2523.’’; and 

11 (B) in section 2520(d), by amending para12 graph (3) to read as follows: 

13 ‘‘(3) a good faith determination that section 

14 2511(3), 2511(2)(i), or 2511(2)(j) of this title per15 mitted the conduct complained of;’’; 

16 (2) in chapter 121— 

17 (A) in section 2702— 

18 (i) in subsection (b)— 

19 (I) in paragraph (8), by striking 

20 the period at the end and inserting ‘‘; 

21 or’’; and 

22 (II) by adding at the end the fol23 lowing: 

24 ‘‘(9) to a foreign government pursuant to an 

25 order from a foreign government that is subject to 

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1 an executive agreement that the Attorney General 

2 has determined and certified to Congress satisfies 

3 section 2523.’’; and 

4 (ii) in subsection (c)— 

5 (I) in paragraph (5), by striking 

6 ‘‘or’’ at the end; 

7 (II) in paragraph (6), by striking 

8 the period at the end and inserting ‘‘; 

9 or’’; and 

10 (III) by adding at the end the 

11 following: 

12 ‘‘(7) to a foreign government pursuant to an 

13 order from a foreign government that is subject to 

14 an executive agreement that the Attorney General 

15 has determined and certified to Congress satisfies 

16 section 2523.’’; and 

17 (B) in section 2707(e), by amending para18 graph (3) to read as follows: 

19 ‘‘(3) a good faith determination that section 

20 2511(3), section 2702(b)(9), or section 2702(c)(7) 

21 of this title permitted the conduct complained of;’’; 

22 and 

23 (3) in chapter 206— 

24 (A) in section 3121(a), by inserting before 

25 the period at the end the following: ‘‘or an 

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1 order from a foreign government that is subject 

2 to an executive agreement that the Attorney 

3 General has determined and certified to Con4 gress satisfies section 2523’’; and 

5 (B) in section 3124— 

6 (i) by amending subsection (d) to read 

7 as follows: 

8 ‘‘(d) NO CAUSE OF ACTION AGAINST A PROVIDER

9 DISCLOSING INFORMATION UNDER THIS CHAPTER.—No 

10 cause of action shall lie in any court against any provider 

11 of a wire or electronic communication service, its officers, 

12 employees, agents, or other specified persons for providing 

13 information, facilities, or assistance in accordance with a 

14 court order under this chapter, request pursuant to section 

15 3125 of this title, or an order from a foreign government 

16 that is subject to an executive agreement that the Attor17 ney General has determined and certified to Congress sat18 isfies section 2523.’’; and 

19 (ii) by amending subsection (e) to 

20 read as follows: 

21 ‘‘(e) DEFENSE.—A good faith reliance on a court 

22 order under this chapter, a request pursuant to section 

23 3125 of this title, a legislative authorization, a statutory 

24 authorization, or a good faith determination that the con25 duct complained of was permitted by an order from a forMarch 21, 2018 (6:08 p.m.)
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1 eign government that is subject to executive agreement 

2 that the Attorney General has determined and certified 

3 to Congress satisfies section 2523, is a complete defense 

4 against any civil or criminal action brought under this 

5 chapter or any other law.’’. 

6 SEC. 105. EXECUTIVE AGREEMENTS ON ACCESS TO DATA 

7 BY FOREIGN GOVERNMENTS. 

8 (a) IN GENERAL.—Chapter 119 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 2523. Executive agreements on access to data by 

12 foreign governments 

13 ‘‘(a) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘lawfully admitted for permanent 

15 residence’ has the meaning given the term in section 

16 101(a) of the Immigration and Nationality Act (8 

17 U.S.C. 1101(a)); and 

18 ‘‘(2) the term ‘United States person’ means a 

19 citizen or national of the United States, an alien 

20 lawfully admitted for permanent residence, an unin21 corporated association a substantial number of mem22 bers of which are citizens of the United States or 

23 aliens lawfully admitted for permanent residence, or 

24 a corporation that is incorporated in the United 

25 States. 

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1 ‘‘(b) EXECUTIVE AGREEMENT REQUIREMENTS.— 

2 For purposes of this chapter, chapter 121, and chapter 

3 206, an executive agreement governing access by a foreign 

4 government to data subject to this chapter, chapter 121, 

5 or chapter 206 shall be considered to satisfy the require6 ments of this section if the Attorney General, with the con7 currence of the Secretary of State, determines, and sub8 mits a written certification of such determination to Con9 gress, including a written certification and explanation of 

10 each consideration in paragraphs (1), (2), (3), and (4), 

11 that— 

12 ‘‘(1) the domestic law of the foreign govern13 ment, including the implementation of that law, af14 fords robust substantive and procedural protections 

15 for privacy and civil liberties in light of the data col16 lection and activities of the foreign government that 

17 will be subject to the agreement, if— 

18 ‘‘(A) such a determination under this sec19 tion takes into account, as appropriate, credible 

20 information and expert input; and 

21 ‘‘(B) the factors to be met in making such 

22 a determination include whether the foreign 

23 government— 

24 ‘‘(i) has adequate substantive and pro25 cedural laws on cybercrime and electronic 

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1 evidence, as demonstrated by being a party 

2 to the Convention on Cybercrime, done at 

3 Budapest November 23, 2001, and entered 

4 into force January 7, 2004, or through do5 mestic laws that are consistent with defini6 tions and the requirements set forth in 

7 chapters I and II of that Convention; 

8 ‘‘(ii) demonstrates respect for the rule 

9 of law and principles of nondiscrimination; 

10 ‘‘(iii) adheres to applicable inter11 national human rights obligations and 

12 commitments or demonstrates respect for 

13 international universal human rights, in14 cluding— 

15 ‘‘(I) protection from arbitrary 

16 and unlawful interference with pri17 vacy; 

18 ‘‘(II) fair trial rights; 

19 ‘‘(III) freedom of expression, as20 sociation, and peaceful assembly; 

21 ‘‘(IV) prohibitions on arbitrary 

22 arrest and detention; and 

23 ‘‘(V) prohibitions against torture 

24 and cruel, inhuman, or degrading 

25 treatment or punishment; 

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1 ‘‘(iv) has clear legal mandates and 

2 procedures governing those entities of the 

3 foreign government that are authorized to 

4 seek data under the executive agreement, 

5 including procedures through which those 

6 authorities collect, retain, use, and share 

7 data, and effective oversight of these ac8 tivities; 

9 ‘‘(v) has sufficient mechanisms to pro10 vide accountability and appropriate trans11 parency regarding the collection and use of 

12 electronic data by the foreign government; 

13 and 

14 ‘‘(vi) demonstrates a commitment to 

15 promote and protect the global free flow of 

16 information and the open, distributed, and 

17 interconnected nature of the Internet; 

18 ‘‘(2) the foreign government has adopted appro19 priate procedures to minimize the acquisition, reten20 tion, and dissemination of information concerning 

21 United States persons subject to the agreement; 

22 ‘‘(3) the terms of the agreement shall not cre23 ate any obligation that providers be capable of 

24 decrypting data or limitation that prevents providers 

25 from decrypting data; and 

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1 ‘‘(4) the agreement requires that, with respect 

2 to any order that is subject to the agreement— 

3 ‘‘(A) the foreign government may not in4 tentionally target a United States person or a 

5 person located in the United States, and shall 

6 adopt targeting procedures designed to meet 

7 this requirement; 

8 ‘‘(B) the foreign government may not tar9 get a non-United States person located outside 

10 the United States if the purpose is to obtain in11 formation concerning a United States person or 

12 a person located in the United States; 

13 ‘‘(C) the foreign government may not issue 

14 an order at the request of or to obtain informa15 tion to provide to the United States Govern16 ment or a third-party government, nor shall the 

17 foreign government be required to share any in18 formation produced with the United States 

19 Government or a third-party government; 

20 ‘‘(D) an order issued by the foreign gov21 ernment— 

22 ‘‘(i) shall be for the purpose of obtain23 ing information relating to the prevention, 

24 detection, investigation, or prosecution of 

25 serious crime, including terrorism; 

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1 ‘‘(ii) shall identify a specific person, 

2 account, address, or personal device, or 

3 any other specific identifier as the object of 

4 the order; 

5 ‘‘(iii) shall be in compliance with the 

6 domestic law of that country, and any obli7 gation for a provider of an electronic com8 munications service or a remote computing 

9 service to produce data shall derive solely 

10 from that law; 

11 ‘‘(iv) shall be based on requirements 

12 for a reasonable justification based on 

13 articulable and credible facts, particularity, 

14 legality, and severity regarding the conduct 

15 under investigation; 

16 ‘‘(v) shall be subject to review or over17 sight by a court, judge, magistrate, or 

18 other independent authority prior to, or in 

19 proceedings regarding, enforcement of the 

20 order; and 

21 ‘‘(vi) in the case of an order for the 

22 interception of wire or electronic commu23 nications, and any extensions thereof, shall 

24 require that the interception order— 

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1 ‘‘(I) be for a fixed, limited dura2 tion; and 

3 ‘‘(II) may not last longer than is 

4 reasonably necessary to accomplish 

5 the approved purposes of the order; 

6 and 

7 ‘‘(III) be issued only if the same 

8 information could not reasonably be 

9 obtained by another less intrusive 

10 method; 

11 ‘‘(E) an order issued by the foreign gov12 ernment may not be used to infringe freedom of 

13 speech; 

14 ‘‘(F) the foreign government shall prompt15 ly review material collected pursuant to the 

16 agreement and store any unreviewed commu17 nications on a secure system accessible only to 

18 those persons trained in applicable procedures; 

19 ‘‘(G) the foreign government shall, using 

20 procedures that, to the maximum extent pos21 sible, meet the definition of minimization proce22 dures in section 101 of the Foreign Intelligence 

23 Surveillance Act of 1978 (50 U.S.C. 1801), seg24 regate, seal, or delete, and not disseminate ma25 terial found not to be information that is, or is 

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1 necessary to understand or assess the impor2 tance of information that is, relevant to the pre3 vention, detection, investigation, or prosecution 

4 of serious crime, including terrorism, or nec5 essary to protect against a threat of death or 

6 serious bodily harm to any person; 

7 ‘‘(H) the foreign government may not dis8 seminate the content of a communication of a 

9 United States person to United States authori10 ties unless the communication may be dissemi11 nated pursuant to subparagraph (G) and re12 lates to significant harm, or the threat thereof, 

13 to the United States or United States persons, 

14 including crimes involving national security 

15 such as terrorism, significant violent crime, 

16 child exploitation, transnational organized 

17 crime, or significant financial fraud; 

18 ‘‘(I) the foreign government shall afford 

19 reciprocal rights of data access, to include, 

20 where applicable, removing restrictions on com21 munications service providers, including pro22 viders subject to United States jurisdiction, and 

23 thereby allow them to respond to valid legal 

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1 erwise prohibit communications-service pro2 viders from disclosing the data; 

3 ‘‘(J) the foreign government shall agree to 

4 periodic review of compliance by the foreign 

5 government with the terms of the agreement to 

6 be conducted by the United States Government; 

7 and 

8 ‘‘(K) the United States Government shall 

9 reserve the right to render the agreement inap10 plicable as to any order for which the United 

11 States Government concludes the agreement 

12 may not properly be invoked. 

13 ‘‘(c) LIMITATION ON JUDICIAL REVIEW.—A deter14 mination or certification made by the Attorney General 

15 under subsection (b) shall not be subject to judicial or ad16 ministrative review. 

17 ‘‘(d) EFFECTIVE DATE OF CERTIFICATION.— 

18 ‘‘(1) NOTICE.—Not later than 7 days after the 

19 date on which the Attorney General certifies an ex20 ecutive agreement under subsection (b), the Attorney 

21 General shall provide notice of the determination 

22 under subsection (b) and a copy of the executive 

23 agreement to Congress, including— 

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1 ‘‘(A) the Committee on the Judiciary and 

2 the Committee on Foreign Relations of the Sen3 ate; and 

4 ‘‘(B) the Committee on the Judiciary and 

5 the Committee on Foreign Affairs of the House 

6 of Representatives. 

7 ‘‘(2) ENTRY INTO FORCE.—An executive agree8 ment that is determined and certified by the Attor9 ney General to satisfy the requirements of this sec10 tion shall enter into force not earlier than the date 

11 that is 180 days after the date on which notice is 

12 provided under paragraph (1), unless Congress en13 acts a joint resolution of disapproval in accordance 

14 with paragraph (4). 

15 ‘‘(3) REQUESTS FOR INFORMATION.—Upon re16 quest by the Chairman or Ranking Member of a 

17 congressional committee described in paragraph (1), 

18 the head of an agency shall promptly furnish a sum19 mary of factors considered in determining that the 

20 foreign government satisfies the requirements of this 

21 section. 

22 ‘‘(4) CONGRESSIONAL REVIEW.— 

23 ‘‘(A) JOINT RESOLUTION DEFINED.—In 

24 this paragraph, the term ‘joint resolution’ 

25 means only a joint resolution— 

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1 ‘‘(i) introduced during the 180-day 

2 period described in paragraph (2); 

3 ‘‘(ii) which does not have a preamble; 

4 ‘‘(iii) the title of which is as follows: 

5 ‘Joint resolution disapproving the executive 

6 agreement signed by the United States and 

7 ll.’, the blank space being appropriately 

8 filled in; and 

9 ‘‘(iv) the matter after the resolving 

10 clause of which is as follows: ‘That Con11 gress disapproves the executive agreement 

12 governing access by lll to certain elec13 tronic data as submitted by the Attorney 

14 General on lll’, the blank spaces being 

15 appropriately filled in. 

16 ‘‘(B) JOINT RESOLUTION ENACTED.—Not17 withstanding any other provision of this section, 

18 if not later than 180 days after the date on 

19 which notice is provided to Congress under 

20 paragraph (1), there is enacted into law a joint 

21 resolution disapproving of an executive agree22 ment under this section, the executive agree23 ment shall not enter into force. 

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1 ‘‘(C) INTRODUCTION.—During the 180-day 

2 period described in subparagraph (B), a joint 

3 resolution of disapproval may be introduced— 

4 ‘‘(i) in the House of Representatives, 

5 by the majority leader or the minority 

6 leader; and 

7 ‘‘(ii) in the Senate, by the majority 

8 leader (or the majority leader’s designee) 

9 or the minority leader (or the minority 

10 leader’s designee). 

11 ‘‘(5) FLOOR CONSIDERATION IN HOUSE OF

12 REPRESENTATIVES.—If a committee of the House of 

13 Representatives to which a joint resolution of dis14 approval has been referred has not reported the joint 

15 resolution within 120 days after the date of referral, 

16 that committee shall be discharged from further con17 sideration of the joint resolution. 

18 ‘‘(6) CONSIDERATION IN THE SENATE.— 

19 ‘‘(A) COMMITTEE REFERRAL.—A joint res20 olution of disapproval introduced in the Senate 

21 shall be referred jointly— 

22 ‘‘(i) to the Committee on the Judici23 ary; and 

24 ‘‘(ii) to the Committee on Foreign Re25 lations. 

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1 ‘‘(B) REPORTING AND DISCHARGE.—If a 

2 committee to which a joint resolution of dis3 approval was referred has not reported the joint 

4 resolution within 120 days after the date of re5 ferral of the joint resolution, that committee 

6 shall be discharged from further consideration 

7 of the joint resolution and the joint resolution 

8 shall be placed on the appropriate calendar. 

9 ‘‘(C) PROCEEDING TO CONSIDERATION.— 

10 It is in order at any time after both the Com11 mittee on the Judiciary and the Committee on 

12 Foreign Relations report a joint resolution of 

13 disapproval to the Senate or have been dis14 charged from consideration of such a joint reso15 lution (even though a previous motion to the 

16 same effect has been disagreed to) to move to 

17 proceed to the consideration of the joint resolu18 tion, and all points of order against the joint 

19 resolution (and against consideration of the 

20 joint resolution) are waived. The motion is not 

21 debatable or subject to a motion to postpone. A 

22 motion to reconsider the vote by which the mo23 tion is agreed to or disagreed to shall not be in 

24 order. 

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1 ‘‘(D) CONSIDERATION IN THE SENATE.— 

2 In the Senate, consideration of the joint resolu3 tion, and on all debatable motions and appeals 

4 in connection therewith, shall be limited to not 

5 more than 10 hours, which shall be divided 

6 equally between those favoring and those oppos7 ing the joint resolution. A motion further to 

8 limit debate is in order and not debatable. An 

9 amendment to, or a motion to postpone, or a 

10 motion to proceed to the consideration of other 

11 business, or a motion to recommit the joint res12 olution is not in order. 

13 ‘‘(E) CONSIDERATION OF VETO MES14 SAGES.—Debate in the Senate of any veto mes15 sage with respect to a joint resolution of dis16 approval, including all debatable motions and 

17 appeals in connection with the joint resolution, 

18 shall be limited to 10 hours, to be equally di19 vided between, and controlled by, the majority 

20 leader and the minority leader or their des21 ignees. 

22 ‘‘(7) RULES RELATING TO SENATE AND HOUSE

23 OF REPRESENTATIVES.— 

24 ‘‘(A) TREATMENT OF SENATE JOINT RESO25 LUTION IN HOUSE.—In the House of RepMarch 21, 2018 (6:08 p.m.)
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1 resentatives, the following procedures shall 

2 apply to a joint resolution of disapproval re3 ceived from the Senate (unless the House has 

4 already passed a joint resolution relating to the 

5 same proposed action): 

6 ‘‘(i) The joint resolution shall be re7 ferred to the appropriate committees. 

8 ‘‘(ii) If a committee to which a joint 

9 resolution has been referred has not re10 ported the joint resolution within 7 days 

11 after the date of referral, that committee 

12 shall be discharged from further consider13 ation of the joint resolution. 

14 ‘‘(iii) Beginning on the third legisla15 tive day after each committee to which a 

16 joint resolution has been referred reports 

17 the joint resolution to the House or has 

18 been discharged from further consideration 

19 thereof, it shall be in order to move to pro20 ceed to consider the joint resolution in the 

21 House. All points of order against the mo22 tion are waived. Such a motion shall not be 

23 in order after the House has disposed of a 

24 motion to proceed on the joint resolution. 

25 The previous question shall be considered 

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1 as ordered on the motion to its adoption 

2 without intervening motion. The motion 

3 shall not be debatable. A motion to recon4 sider the vote by which the motion is dis5 posed of shall not be in order. 

6 ‘‘(iv) The joint resolution shall be con7 sidered as read. All points of order against 

8 the joint resolution and against its consid9 eration are waived. The previous question 

10 shall be considered as ordered on the joint 

11 resolution to final passage without inter12 vening motion except 2 hours of debate 

13 equally divided and controlled by the spon14 sor of the joint resolution (or a designee) 

15 and an opponent. A motion to reconsider 

16 the vote on passage of the joint resolution 

17 shall not be in order. 

18 ‘‘(B) TREATMENT OF HOUSE JOINT RESO19 LUTION IN SENATE.— 

20 ‘‘(i) If, before the passage by the Sen21 ate of a joint resolution of disapproval, the 

22 Senate receives an identical joint resolution 

23 from the House of Representatives, the fol24 lowing procedures shall apply: 

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1 ‘‘(I) That joint resolution shall 

2 not be referred to a committee. 

3 ‘‘(II) With respect to that joint 

4 resolution— 

5 ‘‘(aa) the procedure in the 

6 Senate shall be the same as if no 

7 joint resolution had been received 

8 from the House of Representa9 tives; but 

10 ‘‘(bb) the vote on passage 

11 shall be on the joint resolution 

12 from the House of Representa13 tives. 

14 ‘‘(ii) If, following passage of a joint 

15 resolution of disapproval in the Senate, the 

16 Senate receives an identical joint resolution 

17 from the House of Representatives, that 

18 joint resolution shall be placed on the ap19 propriate Senate calendar. 

20 ‘‘(iii) If a joint resolution of dis21 approval is received from the House, and 

22 no companion joint resolution has been in23 troduced in the Senate, the Senate proce24 dures under this subsection shall apply to 

25 the House joint resolution. 

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1 ‘‘(C) APPLICATION TO REVENUE MEAS2 URES.—The provisions of this paragraph shall 

3 not apply in the House of Representatives to a 

4 joint resolution of disapproval that is a revenue 

5 measure. 

6 ‘‘(8) RULES OF HOUSE OF REPRESENTATIVES

7 AND SENATE.—This subsection is enacted by Con8 gress— 

9 ‘‘(A) as an exercise of the rulemaking 

10 power of the Senate and the House of Rep11 resentatives, respectively, and as such is deemed 

12 a part of the rules of each House, respectively, 

13 and supersedes other rules only to the extent 

14 that it is inconsistent with such rules; and 

15 ‘‘(B) with full recognition of the constitu16 tional right of either House to change the rules 

17 (so far as relating to the procedure of that 

18 House) at any time, in the same manner, and 

19 to the same extent as in the case of any other 

20 rule of that House. 

21 ‘‘(e) RENEWAL OF DETERMINATION.— 

22 ‘‘(1) IN GENERAL.—The Attorney General, with 

23 the concurrence of the Secretary of State, shall re24 view and may renew a determination under sub25 section (b) every 5 years. 

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1 ‘‘(2) REPORT.—Upon renewing a determination 

2 under subsection (b), the Attorney General shall file 

3 a report with the Committee on the Judiciary and 

4 the Committee on Foreign Relations of the Senate 

5 and the Committee on the Judiciary and the Com6 mittee on Foreign Affairs of the House of Rep7 resentatives describing— 

8 ‘‘(A) the reasons for the renewal; 

9 ‘‘(B) any substantive changes to the agree10 ment or to the relevant laws or procedures of 

11 the foreign government since the original deter12 mination or, in the case of a second or subse13 quent renewal, since the last renewal; and 

14 ‘‘(C) how the agreement has been imple15 mented and what problems or controversies, if 

16 any, have arisen as a result of the agreement 

17 or its implementation. 

18 ‘‘(3) NONRENEWAL.—If a determination is not 

19 renewed under paragraph (1), the agreement shall 

20 no longer be considered to satisfy the requirements 

21 of this section. 

22 ‘‘(f) REVISIONS TO AGREEMENT.—A revision to an 

23 agreement under this section shall be treated as a new 

24 agreement for purposes of this section and shall be subject 

25 to the certification requirement under subsection (b), and 

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1 to the procedures under subsection (d), except that for 

2 purposes of a revision to an agreement— 

3 ‘‘(1) the applicable time period under para4 graphs (2), (4)(A)(i), (4)(B), and (4)(C) of sub5 section (d) shall be 90 days after the date notice is 

6 provided under subsection (d)(1); and 

7 ‘‘(2) the applicable time period under para8 graphs (5) and (6)(B) of subsection (d) shall be 60 

9 days after the date notice is provided under sub10 section (d)(1). 

11 ‘‘(g) PUBLICATION.—Any determination or certifi12 cation under subsection (b) regarding an executive agree13 ment under this section, including any termination or re14 newal of such an agreement, shall be published in the Fed15 eral Register as soon as is reasonably practicable. 

16 ‘‘(h) MINIMIZATION PROCEDURES.—A United States 

17 authority that receives the content of a communication de18 scribed in subsection (b)(4)(H) from a foreign government 

19 in accordance with an executive agreement under this sec20 tion shall use procedures that, to the maximum extent pos21 sible, meet the definition of minimization procedures in 

22 section 101 of the Foreign Intelligence Surveillance Act 

23 of 1978 (50 U.S.C. 1801) to appropriately protect non24 publicly available information concerning United States 

25 persons.’’. 

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1 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

2 sections for chapter 119 of title 18, United States Code, 

3 is amended by inserting after the item relating to section 

4 2522 the following: 

‘‘2523. Executive agreements on access to data by foreign governments.’’. 

5 SEC. 106. RULE OF CONSTRUCTION. 

6 Nothing in this division, or the amendments made by 

7 this division, shall be construed to preclude any foreign 

8 authority from obtaining assistance in a criminal inves9 tigation or prosecution pursuant to section 3512 of title 

10 18, United States Code, section 1782 of title 28, United 

11 States Code, or as otherwise provided by law. 

◊ 

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