Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2018

Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2018, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2018, and for other purposes, namely: I Department of Labor Employment and training administration Training and employment services For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as WIOA (1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,709,832,000 as follows: (A) $815,556,000 for adult employment and training activities, of which $103,556,000 shall be available for the period July 1, 2018 through June 30, 2019, and of which $712,000,000 shall be available for the period October 1, 2018 through June 30, 2019; (B) $873,416,000 for youth activities, which shall be available for the period April 1, 2018 through June 30, 2019; and (C) $1,020,860,000 for dislocated worker employment and training activities, of which $160,860,000 shall be available for the period July 1, 2018 through June 30, 2019, and of which $860,000,000 shall be available for the period October 1, 2018 through June 30, 2019: Provided (2) for national programs, $625,367,000 as follows: (A) $220,859,000 for the dislocated workers assistance national reserve, of which $20,859,000 shall be available for the period July 1, 2018 through September 30, 2019, and of which $200,000,000 shall be available for the period October 1, 2018 through September 30, 2019: Provided Provided further Provided further Secretary (B) $50,000,000 for Native American programs under section 166 of the WIOA, which shall be available for the period July 1, 2018 through June 30, 2019; (C) $81,896,000 for migrant and seasonal farmworker programs under section 167 of the WIOA, including $75,885,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $5,517,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $494,000 for other discretionary purposes, which shall be available for the period July 1, 2018 through June 30, 2019: Provided (D) $84,534,000 for YouthBuild activities as described in section 171 of the WIOA, which shall be available for the period April 1, 2018 through June 30, 2019; (E) $88,078,000 for ex-offender activities, under the authority of section 169 of the WIOA and section 212 of the Second Chance Act of 2007, which shall be available for the period April 1, 2018 through June 30, 2019: Provided (F) $5,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which shall be available for the period July 1, 2018 through June 30, 2019; and (G) $95,000,000 to expand opportunities relating to apprenticeship programs registered under the National Apprenticeship Act, to be available to the Secretary to carry out activities through grants, cooperative agreements, contracts and other arrangements, with States and other appropriate entities, which shall be available for the period April 1, 2018 through June 30, 2019. job corps (including transfer of funds) To carry out subtitle C of title I of the WIOA, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration, and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,699,155,000, plus reimbursements, as follows: (1) $1,587,325,000 for Job Corps Operations, which shall be available for the period July 1, 2018 through June 30, 2019; (2) $79,500,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2018 through June 30, 2021, and which may include the acquisition, maintenance, and repair of major items of equipment: Provided Provided further Provided further (3) $32,330,000 for necessary expenses of Job Corps, which shall be available for obligation for the period October 1, 2017 through September 30, 2018: Provided community service employment for older americans To carry out title V of the Older Americans Act of 1965 (referred to in this Act as OAA Federal unemployment benefits and allowances For payments during fiscal year 2018 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, and including benefit payments, allowances, training, employment and case management services, and related State administration provided pursuant to section 231(a) of the Trade Adjustment Assistance Extension Act of 2011 and section 405(a) of the Trade Preferences Extension Act of 2015, $790,000,000 together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2018: Provided 19 U.S.C. 2317(c) state unemployment insurance and employment service operations For authorized administrative expenses, $84,066,000, together with not to exceed $3,378,625,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund ( the Trust Fund (1) $2,637,600,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including not less than $130,000,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews, and to provide reemployment services and referrals to training as appropriate, for claimants of unemployment insurance for ex-service members under 5 U.S.C. 8521 5 U.S.C. 8501–8523 (2) $13,897,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system; (3) $645,000,000 from the Trust Fund, together with $21,413,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2018 through June 30, 2019; (4) $19,818,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 (5) $62,310,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $48,028,000 shall be available for the Federal administration of such activities, and $14,282,000 shall be available for grants to States for the administration of such activities; and (6) $62,653,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and shall be available for Federal obligation for the period July 1, 2018 through June 30, 2019: Provided AWIU Social Security Act Provided further Social Security Act Provided further Social Security Act Provided further Provided further Provided further Provided further Social Security Act Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Provided further Social Security Act Provided further 29 U.S.C. 9a Advances to the unemployment trust fund and other funds For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act section 9501(c)(1) 5 U.S.C. 8509 Federal Unemployment Benefits and Allowances Program administration For expenses of administering employment and training programs, $108,674,000, together with not to exceed $49,982,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. Employee benefits security administration Salaries and expenses For necessary expenses for the Employee Benefits Security Administration, $181,000,000, of which not less than $3,000,000 shall be made available through September 30, 2019, for the procurement of expert witnesses for enforcement litigation. Pension Benefit Guaranty Corporation Pension benefit guaranty corporation fund The Pension Benefit Guaranty Corporation ( Corporation 31 U.S.C. 9104 Provided Provided further Provided further Wage and Hour Division Salaries and expenses For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $227,500,000. Office of Labor-Management Standards Salaries and expenses For necessary expenses for the Office of Labor-Management Standards, $40,187,000. Office of Federal Contract Compliance Programs Salaries and expenses For necessary expenses for the Office of Federal Contract Compliance Programs, $103,476,000. Office of Workers' Compensation Programs Salaries and expenses For necessary expenses for the Office of Workers' Compensation Programs, $115,424,000, together with $2,177,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers' Compensation Act. Special benefits (including transfer of funds) For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by 5 U.S.C. 81 Civilian War Benefits 50 U.S.C. App. 2012 42 U.S.C. 1701 5 U.S.C. 8147(a) Provided 5 U.S.C. 8104 Provided further Provided further 5 U.S.C. 8147(c) Provided further (1) For enhancement and maintenance of automated data processing systems operations and telecommunications systems, $24,540,000; (2) For automated workload processing operations, including document imaging, centralized mail intake, and medical bill processing, $22,968,000; (3) For periodic roll disability management and medical review, $21,946,000; (4) For program integrity, $1,734,000; and (5) The remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided further 5 U.S.C. 81 Special benefits for disabled coal miners For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107–275 For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV for the first quarter of fiscal year 2019, $15,000,000, to remain available until expended. Administrative expenses, energy employees occupational illness compensation fund For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $59,846,000, to remain available until expended: Provided Black lung disability trust fund (including transfer of funds) Such sums as may be necessary from the Black Lung Disability Trust Fund (the Fund Salaries and Expenses Salaries and Expenses Office of Inspector General Occupational safety and health administration Salaries and expenses For necessary expenses for the Occupational Safety and Health Administration, $552,787,000, including not to exceed $100,850,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the Act 31 U.S.C. 3302 Provided 31 U.S.C. 3302 29 U.S.C. 9a Provided further Provided further DART (1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; (5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and (6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act: Provided further Provided further Provided further Mine safety and health administration Salaries and expenses For necessary expenses for the Mine Safety and Health Administration, $373,816,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities and not less than $10,537,000 for State assistance grants: Provided Provided further 31 U.S.C. 3302 Provided further 31 U.S.C. 3302 Provided further Provided further Provided further Provided further Bureau of labor statistics Salaries and expenses For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $544,000,000, together with not to exceed $65,000,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. Office of Disability Employment Policy salaries and expenses For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $38,203,000. Departmental Management salaries and expenses (including transfer of funds) For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $336,536,000, together with not to exceed $308,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further veterans employment and training Not to exceed $239,041,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of chapters 41, 42, and 43 of title 38, United States Code, of which: (1) $175,000,000 is for Jobs for Veterans State grants under 38 U.S.C. 4102A(b)(5) Provided (2) $18,500,000 is for carrying out the Transition Assistance Program under 38 U.S.C. 4113 10 U.S.C. 1144 (3) $42,127,000 is for Federal administration of chapters 41, 42, and 43 of title 38, United States Code: Provided Public Law 115–31 38 U.S.C. 4100 (4) $3,414,000 is for the National Veterans' Employment and Training Services Institute under 38 U.S.C. 4109: Provided The HIRE Vets Medallion Award Fund, for this fiscal year and thereafter, shall be available to the Secretary without fiscal year limitation for necessary expenses of the HIRE Vets Medallion Award program authorized by division O of the Consolidated Appropriations Act, 2017: Provided Provided further Public Law 115–31 38 U.S.C. 4100 In addition, from the General Fund of the Treasury, $45,000,000 is for carrying out programs to assist homeless veterans and veterans at risk of homelessness who are transitioning from certain institutions under sections 2021, 2021A, and 2023 of title 38, United States Code: Provided Provided further it modernization For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $18,778,000, which shall be available through September 30, 2019. office of inspector general For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $82,061,000, together with not to exceed $5,660,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. General provisions 101. None of the funds appropriated by this Act for the Job Corps shall be used to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II. (transfer of funds) 102. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided Provided further 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. 104. Except as otherwise provided in this section, none of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 2916a 105. None of the funds made available by this Act under the heading Employment and Training Administration (Transfer of Funds) 106. (a) Notwithstanding section 102, the Secretary may transfer funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, for technical assistance services to grantees to Program Administration Provided (b) Notwithstanding section 102, the Secretary may transfer not more than 0.5 percent of each discretionary appropriation made available to the Employment and Training Administration by this Act to Program Administration Provided Office of Job Corps Provided further (transfer of funds) 107. (a) The Secretary may reserve not more than 0.75 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts. Any funds reserved under this section shall be transferred to Departmental Management Provided (b) The accounts referred to in subsection (a) are: Training and Employment Services Job Corps Community Service Employment for Older Americans State Unemployment Insurance and Employment Service Operations Employee Benefits Security Administration Office of Workers' Compensation Programs Wage and Hour Division Office of Federal Contract Compliance Programs Office of Labor Management Standards Occupational Safety and Health Administration Mine Safety and Health Administration Office of Disability Employment Policy Bureau of International Labor Affairs Women's Bureau Departmental Management, Salaries and Expenses Veterans Employment and Training 108. (a) Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 (s) (1) The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee— (A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; (B) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (C) whose duties include any of the following: (i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; (ii) inspecting property damage or reviewing factual information to prepare damage estimates; (iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; (iv) negotiating settlements; or (v) making recommendations regarding litigation. (2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). (3) For purposes of this subsection— (A) the term major disaster (B) the term employee employed to adjust or evaluate claims resulting from or relating to such major disaster (C) the term affiliate . (b) This section shall be effective on the date of enactment of this Act. (rescission) 109. Of the funds made available under the heading Employment and Training Administration–Training and Employment Services Public Law 115–31 110. (a) Flexibility with respect to the crossing of H–2B nonimmigrants working in the seafood industry (1) In general Subject to paragraph (2), if a petition for H–2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants described in the petition into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition. (2) Requirements for crossings after 90th day An employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer— (A) completes a new assessment of the local labor market by— (i) listing job orders in local newspapers on 2 separate Sundays; and (ii) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and (B) offers the job to an equally or better qualified United States worker who— (i) applies for the job; and (ii) will be available at the time and place of need. (3) Exemption from rules with respect to staggering The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants into the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of section 655.20(d) of title 20, Code of Federal Regulations, or any other applicable provision of law. (b) H–2B nonimmigrants defined In this section, the term H–2B nonimmigrants 8 U.S.C. 1101(a)(15)(H)(ii)(B) 111. The determination of prevailing wage for the purposes of the H–2B program shall be the greater of—(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) the prevailing wage level for the occupational classification of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available at the time of filing the petition. In the determination of prevailing wage for the purposes of the H–2B program, the Secretary shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported. 112. None of the funds in this Act shall be used to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any references thereto. Further, for the purpose of regulating admission of temporary workers under the H–2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B). 113. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, excess personal property to programs registered under the National Apprenticeship Act (50 Stat. 664; 29 U.S.C. 50 (rescission) 114. (a) Of the funds made available in paragraph (2)(A) under the heading Employment and Training Administration—Training and Employment Services Public Law 115–31 (b) For an additional amount for Employment and Training Administration—Training and Employment Services 40 U.S.C. 14102(a)(1) Public Law 100–460 7 U.S.C. 2009aa(2) 115. The proviso at the end of paragraph (1) under the heading Department of Labor—Employment and Training Administration—State Unemployment Insurance and Employment Service Operations Public Law 113–235 seven six This title may be cited as the Department of Labor Appropriations Act, 2018 II Department of health and human services Health resources and services administration Primary health care For carrying out titles II and III of the Public Health Service Act (referred to in this Act as the PHS Act Provided Provided further HHS Health workforce For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, sections 1128E and 1921 of the Social Security Act, and the Health Care Quality Improvement Act of 1986, $856,195,000: Provided Provided further Secretary Provided further Provided further Provided further maternal and child health For carrying out titles III, XI, XII, and XIX of the PHS Act with respect to maternal and child health, title V of the Social Security Act, and section 712 of the American Jobs Creation Act of 2004, $848,617,000: Provided Ryan white HIV/AIDS program For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,318,781,000, of which $1,970,881,000 shall remain available to the Secretary through September 30, 2020, for parts A and B of title XXVI of the PHS Act, and of which not less than $900,313,000 shall be for State AIDS Drug Assistance Programs under the authority of section 2616 or 311(c) of such Act. health care systems For carrying out titles III and XII of the PHS Act with respect to health care systems, and the Stem Cell Therapeutic and Research Act of 2005, $101,640,000, of which $122,000 shall be available until expended for facilities renovations at the Gillis W. Long Hansen's Disease Center. Rural health For carrying out titles III and IV of the PHS Act with respect to rural health, section 427(a) of the Federal Coal Mine Health and Safety Act of 1969, and sections 711 and 1820 of the Social Security Act, $160,560,000, of which $43,609,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program: Provided Provided further Family Planning For carrying out the program under title X of the PHS Act to provide for voluntary family planning projects, $286,479,000: Provided Provided further Provided further program management For program support in the Health Resources and Services Administration, $154,000,000: Provided Primary Health Care Health Workforce Maternal and Child Health Ryan White HIV/AIDS Program Health Care Systems Rural Health Vaccine injury compensation program trust fund For payments from the Vaccine Injury Compensation Program Trust Fund (the Trust Fund PHS Act Provided Centers for disease control and prevention Immunization and respiratory diseases For carrying out titles II, III, XVII, and XXI, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases, $470,000,000. HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention For carrying out titles II, III, XVII, and XXIII of the PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,117,278,000. Emerging and zoonotic infectious diseases For carrying out titles II, III, and XVII, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to emerging and zoonotic infectious diseases, $532,922,000. Chronic disease prevention and health promotion For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS Act with respect to chronic disease prevention and health promotion, $817,596,000: Provided Provided further Provided further Birth defects, developmental disabilities, disabilities and health For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental disabilities, disabilities and health, $139,560,000. Public Health Scientific Services For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, health informatics, and workforce development, $489,397,000. Environmental health For carrying out titles II, III, and XVII of the PHS Act with respect to environmental health, $163,750,000. Injury prevention and control For carrying out titles II, III, and XVII of the PHS Act with respect to injury prevention and control, $291,059,000: Provided National Institute for Occupational Safety and Health Energy employees occupational illness compensation program For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended: Provided Public Law 106–554 Global health For carrying out titles II, III, and XVII of the PHS Act with respect to global health, $433,621,000, of which $128,421,000 for international HIV/AIDS shall remain available through September 30, 2019: Provided, public health preparedness and response For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and response, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations, $1,405,000,000, of which $575,000,000 shall remain available until expended for the Strategic National Stockpile: Provided CDC Provided further Buildings and facilities (including transfer of funds) For acquisition of real property, equipment, construction, demolition, and renovation of facilities, $10,000,000, which shall remain available until September 30, 2022: Provided Provided further cdc-wide activities and program support For carrying out titles II, III, XVII and XIX, and section 2821 of the PHS Act and for cross-cutting activities and program support for activities funded in other appropriations included in this Act for the Centers for Disease Control and Prevention, $113,570,000: Provided Provided further Provided further Provided further Provided further National Institutes of Health national cancer institute For carrying out section 301 and title IV of the PHS Act with respect to cancer, $5,558,270,000, of which up to $30,000,000 may be used for facilities repairs and improvements at the National Cancer Institute—Frederick Federally Funded Research and Development Center in Frederick, Maryland. national heart, lung, and blood institute For carrying out section 301 and title IV of the PHS Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $3,322,774,000. national institute of dental and craniofacial research For carrying out section 301 and title IV of the PHS Act with respect to dental and craniofacial diseases, $439,738,000. national institute of diabetes and digestive and kidney diseases For carrying out section 301 and title IV of the PHS Act with respect to diabetes and digestive and kidney disease, $1,935,597,000. national institute of neurological disorders and stroke For carrying out section 301 and title IV of the PHS Act with respect to neurological disorders and stroke, $1,861,666,000. national institute of allergy and infectious diseases For carrying out section 301 and title IV of the PHS Act with respect to allergy and infectious diseases, $5,127,866,000. national institute of general medical sciences For carrying out section 301 and title IV of the PHS Act with respect to general medical sciences, $2,887,194,000, of which $1,074,443,000 shall be from funds available under section 241 of the PHS Act: Provided eunice kennedy shriver national institute of child health and human development For carrying out section 301 and title IV of the PHS Act with respect to child health and human development, $1,426,092,000. national eye institute For carrying out section 301 and title IV of the PHS Act with respect to eye diseases and visual disorders, $758,552,000. national institute of environmental health sciences For carrying out section 301 and title IV of the PHS Act with respect to environmental health sciences, $737,727,000. national institute on aging For carrying out section 301 and title IV of the PHS Act with respect to aging, $2,535,539,000. national institute of arthritis and musculoskeletal and skin diseases For carrying out section 301 and title IV of the PHS Act with respect to arthritis and musculoskeletal and skin diseases, $576,178,000. national institute on deafness and other communication disorders For carrying out section 301 and title IV of the PHS Act with respect to deafness and other communication disorders, $451,768,000. national institute of nursing research For carrying out section 301 and title IV of the PHS Act with respect to nursing research, $155,210,000. national institute on alcohol abuse and alcoholism For carrying out section 301 and title IV of the PHS Act with respect to alcohol abuse and alcoholism, $500,491,000. national institute on drug abuse For carrying out section 301 and title IV of the PHS Act with respect to drug abuse, $1,113,442,000. national institute of mental health For carrying out section 301 and title IV of the PHS Act with respect to mental health, $1,681,568,000. national human genome research institute For carrying out section 301 and title IV of the PHS Act with respect to human genome research, $546,934,000. national institute of biomedical imaging and bioengineering For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging and bioengineering research, $371,151,000. national center for complementary and integrative health For carrying out section 301 and title IV of the PHS Act with respect to complementary and integrative health, $139,654,000. national institute on minority health and health disparities For carrying out section 301 and title IV of the PHS Act with respect to minority health and health disparities research, $297,784,000. john e. fogarty international center For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the PHS Act), $74,380,000. national library of medicine For carrying out section 301 and title IV of the PHS Act with respect to health information communications, $420,898,000: Provided Provided further NIH national center for advancing translational sciences For carrying out section 301 and title IV of the PHS Act with respect to translational sciences, $729,094,000: Provided Provided further office of the director For carrying out the responsibilities of the Office of the Director, NIH, $1,796,970,000: Provided Provided further Provided further Provided further Provided further Provided further 42 U.S.C. 283k Provided further Provided further Provided further In addition to other funds appropriated for the Common Fund established under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common Fund from the 10-year Pediatric Research Initiative Fund described in section 9008 of title 26, United States Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as authorized in the Gabriella Miller Kids First Research Act. Buildings and facilities For the study of, construction of, demolition of, renovation of, and acquisition of equipment for, facilities of or used by NIH, including the acquisition of real property, $128,863,000, to remain available through September 30, 2022. NIH Innovation Account, CURES Act For necessary expenses to carry out the purposes described in section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes in the appropriations provided to the National Institutes of Health in this Act, $496,000,000, to remain available until expended: Provided Provided further Provided further Substance abuse and mental health services administration MENTAL HEALTH For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, and the Protection and Advocacy for Individuals with Mental Illness Act, $1,147,998,000: Provided Provided further, Provided further Provided further, Provided further Provided further Provided further Provided further Public Law 113–93 42 U.S.C. 290aa SUBSTANCE ABUSE TREATMENT For carrying out titles III and V of the PHS Act with respect to substance abuse treatment and title XIX of such Act with respect to substance abuse treatment and prevention, $2,131,306,000: Provided Provided further SUBSTANCE ABUSE PREVENTION For carrying out titles III and V of the PHS Act with respect to substance abuse prevention, $238,219,000. HEALTH SURVEILLANCE AND PROGRAM SUPPORT For program support and cross-cutting activities that supplement activities funded under the headings Mental Health Substance Abuse Treatment Substance Abuse Prevention Provided Provided further Provided further Provided further, Mental Health Substance Abuse Treatment Substance Abuse Prevention Agency for healthcare research and quality Healthcare research and quality For carrying out titles III and IX of the PHS Act Social Security Act Provided Provided further Centers for medicare and medicaid services Grants to states for medicaid For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act For making, after May 31, 2018, payments to States under title XIX or in the case of section 1928 on behalf of States under title XIX of the Social Security Act For making payments to States or in the case of section 1928 on behalf of States under title XIX of the Social Security Act Payment under such title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter. Payments to health care trust funds For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248 In addition, for making matching payments under section 1844 and benefit payments under section 1860D–16 of the Social Security Act that were not anticipated in budget estimates, such sums as may be necessary. Program management For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act PHS Act Social Security Act Social Security Act Provided, 31 U.S.C. 9701 Provided further, Social Security Act health care fraud and abuse control account In addition to amounts otherwise available for program integrity and program management, $745,000,000, to remain available through September 30, 2019, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $584,766,000 shall be for the Centers for Medicare and Medicaid Services program integrity activities, of which $84,398,000 shall be for the Department of Health and Human Services Office of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act, and of which $75,836,000 shall be for the Department of Justice to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act: Provided Provided further Provided further Administration for children and families Payments to states for child support enforcement and family support programs For carrying out, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act For carrying out, after May 31 of the current fiscal year, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act Low income home energy assistance For making payments under subsections (b) and (d) of section 2602 of the Low Income Home Energy Assistance Act of 1981, $3,390,304,000: Provided Provided further Refugee and entrant assistance (including transfer of funds) For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act TVPA Provided Provided further 10 percent 3 percent Payments to states for the child care and development block grant For carrying out the Child Care and Development Block Grant Act of 2014 CCDBG Act Provided Provided further 42 U.S.C. 618 Social services block grant For making grants to States pursuant to section 2002 of the Social Security Act Provided Children and families services programs For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act Head Start Act Child Abuse Prevention and Treatment Act Social Security Act CSBG Act Social Security Act Immigration and Nationality Act Provided Provided further Provided further Provided further Provided further base grant Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Promoting Safe and Stable Families For carrying out, except as otherwise provided, section 436 of the Social Security Act Provided Payments for foster care and permanency For carrying out, except as otherwise provided, title IV–E of the Social Security Act For carrying out, except as otherwise provided, title IV–E of the Social Security Act For carrying out, after May 31 of the current fiscal year, except as otherwise provided, section 474 of title IV–E of the Social Security Act Administration for Community Living aging and disability services programs (including transfer of funds) For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965 ( OAA Provided Provided further Provided further Provided further Provided further Provided further Provided further 42 U.S.C. 10802 20 U.S.C. 15002(8)(A) Provided further Office of the secretary General departmental management For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 of the PHS Act, the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Account For the State Response to the Opioid Abuse Crisis, CURES Act For necessary expenses to carry out the purposes described in section 1003(c) of the 21st Century Cures Act, $500,000,000 to remain available until expended: Provided Provided further Provided further Office of medicare hearings and appeals For expenses necessary for the Office of Medicare Hearings and Appeals, $107,381,000, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund: Provided Office of the national coordinator for health information technology For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, $60,367,000. Office of inspector general For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 1978, $80,000,000: Provided, 18 U.S.C. 228 Office for civil rights For expenses necessary for the Office for Civil Rights, $38,798,000. Retirement pay and medical benefits for commissioned officers For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired personnel under the Dependents' Medical Care Act, such amounts as may be required during the current fiscal year. Public health and social services emergency fund For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public health emergencies, $950,958,000, of which $511,700,000 shall remain available through September 30, 2019, for expenses necessary to support advanced research and development pursuant to section 319L of the PHS Act and other administrative expenses of the Biomedical Advanced Research and Development Authority: Provided Provided further Provided further For expenses necessary for procuring security countermeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act), $510,000,000, to remain available until expended. For an additional amount for expenses necessary to prepare for or respond to an influenza pandemic, $92,000,000; of which $75,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: Provided General provisions 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 202. None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II. 203. None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act 204. Notwithstanding section 241(a) of the PHS Act (transfer of funds) 205. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for HHS in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided Provided further 206. In lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to 60 days after the execution of a contract awarded in fiscal year 2018 under section 338B of such Act. 207. None of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act 209. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided Provided further 210. None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. 212. In order for HHS to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2018: (1) The Secretary may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department Basic Authorities Act of 1956 Foreign Service Act of 1980 (2) The Secretary is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of HHS. The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad. (3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 chapter 63 (transfer of funds) 213. The Director of the NIH, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided (transfer of funds) 214. Of the amounts made available in this Act for NIH, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of NIH and the Director of the Office of AIDS Research, shall be made available to the Office of AIDS Research PHS Act 215. (a) Authority Notwithstanding any other provision of law, the Director of NIH ( Director PHS Act (b) Peer review In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act. 216. Not to exceed $45,000,000 of funds appropriated by this Act to the institutes and centers of the National Institutes of Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $3,500,000 per project. (transfer of funds) 217. Of the amounts made available for NIH, 1 percent of the amount made available for National Research Service Awards ( NRSA PHS Act 218. (a) The Biomedical Advanced Research and Development Authority ( BARDA (1) funds are available and obligated— (A) for the full period of the contract or for the first fiscal year in which the contract is in effect; and (B) for the estimated costs associated with a necessary termination of the contract; and (2) the Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA's programs. (b) A contract entered into under this section— (1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and (2) shall be subject to the congressional notice requirement stated in subsection (d) of such section. (transfer of funds) 219. (a) Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the ACA to the accounts specified, in the amounts specified, and for the activities specified under the heading Prevention and Public Health Fund (b) Notwithstanding section 4002(c) of the ACA, the Secretary may not further transfer these amounts. (c) Funds transferred for activities authorized under section 2821 of the PHS Act shall be made available without reference to section 2821(b) of such Act. 220. (a) The Secretary shall publish in the fiscal year 2019 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the ACA, and the amendments made by that Act, in the proposed fiscal year and each fiscal year since the enactment of the ACA. (b) With respect to employees or contractors supported by all funds appropriated for purposes of carrying out the ACA (and the amendments made by that Act), the Secretary shall include, at a minimum, the following information: (1) For each such fiscal year, the section of such Act under which such funds were appropriated, a statement indicating the program, project, or activity receiving such funds, the Federal operating division or office that administers such program, and the amount of funding received in discretionary or mandatory appropriations. (2) For each such fiscal year, the number of full-time equivalent employees or contracted employees assigned to each authorized and funded provision detailed in accordance with paragraph (1). (c) In carrying out this section, the Secretary may exclude from the report employees or contractors who— (1) are supported through appropriations enacted in laws other than the ACA and work on programs that existed prior to the passage of the ACA; (2) spend less than 50 percent of their time on activities funded by or newly authorized in the ACA; or (3) work on contracts for which FTE reporting is not a requirement of their contract, such as fixed-price contracts. 221. The Secretary shall publish, as part of the fiscal year 2019 budget of the President submitted under section 1105(a) of title 31, United States Code, information that details the uses of all funds used by the Centers for Medicare and Medicaid Services specifically for Health Insurance Exchanges for each fiscal year since the enactment of the ACA and the proposed uses for such funds for fiscal year 2019. Such information shall include, for each such fiscal year, the amount of funds used for each activity specified under the heading Health Insurance Exchange Transparency 222. (a) The Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate: (1) Detailed monthly enrollment figures from the Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the open enrollment period; and (2) Notification of any new or competitive grant awards, including supplements, authorized under section 330 of the Public Health Service Act. (b) The Committees on Appropriations of the House and Senate must be notified at least 2 business days in advance of any public release of enrollment information or the award of such grants. 223. None of the funds made available by this Act from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the Centers for Medicare and Medicaid Services—Program Management Public Law 111–148 224. In addition to the amounts otherwise available for Centers for Medicare and Medicaid Services, Program Management Provided Public Law 111–148 Public Law 111–152 225. The Secretary shall include in the fiscal year 2019 budget justification an analysis of how section 2713 of the PHS Act will impact eligibility for discretionary HHS programs. 226. Effective during the period beginning on November 1, 2015 and ending January 1, 2020, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening, mammography, and prevention shall be administered by the Secretary involved as if— (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening, mammography, and prevention last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act ( 42 U.S.C. 1395x(jj) 227. In making Federal financial assistance, the provisions relating to indirect costs in part 75 of title 45, Code of Federal Regulations, including with respect to the approval of deviations from negotiated rates, shall continue to apply to the National Institutes of Health to the same extent and in the same manner as such provisions were applied in the third quarter of fiscal year 2017. None of the funds appropriated in this or prior Acts or otherwise made available to the Department of Health and Human Services or to any department or agency may be used to develop or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval of such deviations from negotiated rates beyond the proportional effect of such approvals in such quarter. (rescission) 228. Of the unobligated balances available in the Nonrecurring Expenses Fund Public Law 110–161 (rescission) 229. Of the unobligated balances available under the heading Refugee and Entrant Assistance This title may be cited as the Department of Health and Human Services Appropriations Act, 2018 III Department of Education Education for the disadvantaged For carrying out title I and subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 ESEA Higher Education Act of 1965 HEA Provided Provided further Secretary Provided further Provided further Provided further Provided further Provided further Impact Aid For carrying out programs of financial assistance to federally affected schools authorized by title VII of the ESEA, $1,340,112,000, of which $1,200,242,000 shall be for basic support payments under section 7003(b), $48,316,000 shall be for payments for children with disabilities under section 7003(d), $17,406,000 shall be for construction under section 7007(a), $69,313,000 shall be for Federal property payments under section 7002, and $4,835,000, to remain available until expended, shall be for facilities maintenance under section 7008: Provided School improvement programs For carrying out school improvement activities authorized by part B of title I, part A of title II, subpart 1 of part A of title IV, part B of title IV, part B of title V, and parts B and C of title VI of the ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964 Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Indian education For expenses necessary to carry out, to the extent not otherwise provided, title VI, part A of the ESEA Innovation and improvement For carrying out activities authorized by subparts 1, 3 and 4 of part B of title II, and parts C and D and subparts 1 and 4 of part F of title IV of the ESEA, $880,375,000: Provided Provided further Provided further Provided further Provided further Safe schools and citizenship education For carrying out activities authorized by subparts 2 and 3 of part F of title IV of the ESEA, $131,254,000: Provided Project SERV Provided further Provided further Provided further English Language Acquisition For carrying out part A of title III of the ESEA, $737,400,000, which shall become available on July 1, 2018, and shall remain available through September 30, 2019, except that 6.5 percent of such amount shall be available on October 1, 2017, and shall remain available through September 30, 2019, to carry out activities under section 3111(c)(1)(C). Special education For carrying out the Individuals with Disabilities Education Act (IDEA) and the Special Olympics Sport and Empowerment Act of 2004, $13,066,858,000, of which $3,546,259,000 shall become available on July 1, 2018, and shall remain available through September 30, 2019, and of which $9,283,383,000 shall become available on October 1, 2018, and shall remain available through September 30, 2019, for academic year 2018–2019: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further 20 U.S.C. 1234a Provided further Provided further Rehabilitation services For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973 and the Helen Keller National Center Act, $3,562,418,000, of which $3,452,931,000 shall be for grants for vocational rehabilitation services under title I of the Rehabilitation Act: Provided SSI Provided further Provided further, Special Institutions for Persons With Disabilities american printing house for the blind For carrying out the Act to promote the Education of the Blind of March 3, 1879, $25,431,000. National technical institute for the deaf For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $70,016,000: Provided, gallaudet university For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $121,275,000: Provided Career, technical, and adult education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006 and the Adult Education and Family Literacy Act ( AEFLA Provided Student financial assistance For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of the HEA The maximum Pell Grant for which a student shall be eligible during award year 2018–2019 shall be $4,960. Student aid administration For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the HEA Provided Provided further Provided further Higher education For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, $2,048,439,000: Provided Provided further Provided further Howard University For partial support of Howard University, $221,821,000, of which not less than $3,405,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended. College housing and academic facilities loans program For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA Historically Black College and University Capital Financing Program Account For the cost of guaranteed loans, $20,150,000, as authorized pursuant to part D of title III of the HEA, which shall remain available through September 30, 2019: Provided, Provided further, Provided further, In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $334,000. Institute of education sciences For carrying out activities authorized by the Education Sciences Reform Act of 2002, the National Assessment of Educational Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $600,267,000, which shall remain available through September 30, 2019: Provided Provided further Departmental management Program administration For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $430,000,000. Office for civil rights For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $117,000,000. office of inspector general For expenses necessary for the Office of Inspector General, as authorized by section 212 of the Department of Education Organization Act, $59,256,000. General provisions 301. No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. 302. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing, or clustering. The prohibition described in this section does not include the establishment of magnet schools. 303. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (transfer of funds) 304. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided Provided further 305. Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d(f)(1)(B)(ix) 2018 2017 306. Funds appropriated in this Act and consolidated for evaluation purposes under section 8601(c) of the ESEA shall be available from July 1, 2018, through September 30, 2019. 307. (a) An institution of higher education that maintains an endowment fund supported with funds appropriated for title III or V of the HEA for fiscal year 2018 may use the income from that fund to award scholarships to students, subject to the limitation in section 331(c)(3)(B)(i) of the HEA. The use of such income for such purposes, prior to the enactment of this Act, shall be considered to have been an allowable use of that income, subject to that limitation. (b) Subsection (a) shall be in effect until titles III and V of the HEA are reauthorized. 308. Section 114(f) of the HEA ( 20 U.S.C. 1011c(f) 2017 2018 309. Section 458(a) of the HEA ( 20 U.S.C. 1087h(a) 2017 2018 (rescission) 310. Section 401(b)(7)(A)(iv)(VIII) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(7)(A)(iv)(VIII) $1,382,000,000 $1,355,000,000 (rescission) 311. Of the unobligated balances available under the heading Student Financial Assistance Restoring pell grants for defrauded students 312. Section 401(c)(5) ( 20 U.S.C. 1070a(c)(5) (1) by striking (5) The period (5) Maximum period (A) In general Except as provided in subparagraph (B), the period ; and (2) by adding at the end the following: (B) Exception (i) In general Any Federal Pell Grant that a student received during a period described in subclause (I) or (II) of clause (ii) shall not count towards the student’s duration limits under this paragraph. (ii) Applicable periods Clause (i) shall apply with respect to any Federal Pell Grant awarded to a student to attend an institution— (I) during a period— (aa) for which the student received a loan under this title; and (bb) for which the loan described in item (aa) is forgiven under— (AA) section 437(c)(1) or 464(g)(1) due to the closing of the institution or false certification; or (BB) section 455(h) due to the student’s successful assertion of a defense to repayment of the loan; or (II) during a period for which the student did not receive a loan under this title but for which, if the student had received such a loan, the student would have qualified for loan forgiveness under subclause (I)(bb). . 313. The period of time provided to the Secretary in section 498(h)(2) of the Higher Education Act may be extended up to an additional 18 months for institutions where the Secretary withdrew recognition of their accreditor on December 12, 2016, if the institution does not remain with or reapply to the accrediting agency which accredited the institution on December 12, 2016. This title may be cited as the Department of Education Appropriations Act, 2018 IV Related agencies Committee for Purchase From People Who Are Blind or Severely Disabled salaries and expenses For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled established under section 8502 of title 41, United States Code, $8,000,000: Provided Provided further chapter 85 Provided further Public Law 114–113 Provided further Provided further Corporation for national and community service Operating expenses For necessary expenses for the Corporation for National and Community Service (referred to in this title as CNCS 1973 Act 1990 Act Provided Provided further Payment to the National service trust (including transfer of funds) For payment to the National Service Trust established under subtitle D of title I of the 1990 Act, $195,000,000, to remain available until expended: Provided Operating Expenses Provided further 31 U.S.C. 1513(b) salaries and expenses For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109 office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $5,750,000. administrative provisions 401. CNCS shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2018, during any grant selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of CNCS that is authorized by CNCS to receive such information. 402. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first 3 years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the 1990 Act, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations. 403. Donations made to CNCS under section 196 of the 1990 Act for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations. 404. In addition to the requirements in section 146(a) of the 1990 Act, use of an educational award for the purpose described in section 148(a)(4) shall be limited to individuals who are veterans as defined under section 101 of the Act. 405. For the purpose of carrying out section 189D of the 1990 Act— (1) entities described in paragraph (a) of such section shall be considered qualified entities NCPA (2) individuals described in such section shall be considered volunteers (3) State Commissions on National and Community Service established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent with Public Law 92–544 406. Notwithstanding sections 139(b), 146 and 147 of the 1990 Act, an individual who successfully completes a term of service of not less than 1,200 hours during a period of not more than one year may receive a national service education award having a value of 70 percent of the value of a national service education award determined under section 147(a) of the Act. Corporation for public broadcasting For payment to the Corporation for Public Broadcasting ( CPB Provided Provided further Provided further Provided further In addition, for the costs associated with replacing and upgrading the public broadcasting interconnection system and other technologies and services that create infrastructure and efficiencies within the public media system, $20,000,000. Federal Mediation and Conciliation Service salaries and expenses For expenses necessary for the Federal Mediation and Conciliation Service ( Service Provided 31 U.S.C. 3302 Provided further Provided further Federal Mine Safety and Health Review Commission salaries and expenses For expenses necessary for the Federal Mine Safety and Health Review Commission, $17,184,000. Institute of museum and library services Office of museum and library services: grants and administration For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $235,000,000. Medicaid and CHIP Payment and Access Commission salaries and expenses For expenses necessary to carry out section 1900 of the Social Security Act, $7,765,000. Medicare Payment Advisory Commission salaries and expenses For expenses necessary to carry out section 1805 of the Social Security Act, $11,925,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. National Council on Disability salaries and expenses For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, $3,250,000. National Labor Relations Board salaries and expenses For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $274,224,000: Provided administrative provisions 407. None of the funds provided by this Act or previous Acts making appropriations for the National Labor Relations Board may be used to issue any new administrative directive or regulation that would provide employees any means of voting through any electronic means in an election to determine a representative for the purposes of collective bargaining. National Mediation Board salaries and expenses For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,800,000. Occupational Safety and Health Review Commission salaries and expenses For expenses necessary for the Occupational Safety and Health Review Commission, $13,225,000. Railroad Retirement Board dual benefits payments account For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $22,000,000, which shall include amounts becoming available in fiscal year 2018 pursuant to section 224(c)(1)(B) of Public Law 98–76 Provided federal payments to the railroad retirement accounts For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2019, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98–76 limitation on administration For necessary expenses for the Railroad Retirement Board ( Board Provided Provided further limitation on the office of inspector general For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $11,000,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. Social security administration Payments to social security trust funds For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as provided under sections 201(m) and 1131(b)(2) of the Social Security Act Supplemental security income program For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603 Public Law 93–66 Public Law 95–216 Provided Provided further, For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2019, $19,500,000,000, to remain available until expended. Limitation on administrative expenses For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $20,000 for official reception and representation expenses, not more than $11,873,945,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in such section: Provided Provided further Provided further Provided further 5 U.S.C. 7131 Of the total amount made available under this heading, not more than $1,735,000,000, to remain available through March 31, 2019, is for the costs associated with continuing disability reviews under titles II and XVI of the Social Security Act, including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity, for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys: Provided Provided further Public Law 104–121 In addition, $118,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93–66 In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended. Office of inspector general (including transfer of funds) For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $30,000,000, together with not to exceed $75,500,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the Limitation on Administrative Expenses Provided, V General Provisions (transfer of funds) 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be used for the same purpose, and for the same periods of time, for which they were originally appropriated. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. (a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 (c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for Federal Mediation and Conciliation Service, Salaries and Expenses National Mediation Board, Salaries and Expenses 505. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. 506. (a) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion. (b) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) The term health benefits coverage 507. (a) The limitations established in the preceding section shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds). (c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State's or locality's contribution of Medicaid matching funds). (d) (1) None of the funds made available in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (2) In this subsection, the term health care entity 508. (a) None of the funds made available in this Act may be used for— (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act 42 U.S.C. 289g(b) (b) For purposes of this section, the term human embryo or embryos 509. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. 510. None of the funds made available in this Act may be used to promulgate or adopt any final standard under section 1173(b) of the Social Security Act 511. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if— (1) such entity is otherwise a contractor with the United States and is subject to the requirement in 38 U.S.C. 4212(d) (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. 513. None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children's Internet Protection Act, unless such library has made the certifications required by paragraph (4) of such section. 514. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2018, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. (b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2018, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects (including construction projects), or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. 515. (a) None of the funds made available in this Act may be used to request that a candidate for appointment to a Federal scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds with respect to political issues not directly related to and necessary for the work of the committee involved. (b) None of the funds made available in this Act may be used to disseminate information that is deliberately false or misleading. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2018 that are different than those specified in this Act, the accompanying detailed table in the report accompanying this Act, or the fiscal year 2018 budget request. 517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $500,000 in value and awarded by the Department on a non-competitive basis during each quarter of fiscal year 2018, but not to include grants awarded on a formula basis or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted. 518. None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account number that is not the claimant's number and the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208(a)(6) or (7) of the Social Security Act. 519. None of the funds appropriated by this Act may be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the Social Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the social security system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement. 520. Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug: Provided 521. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 522. None of the funds made available under this or any other Act, or any prior Appropriations Act, may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, allied organizations, or successors. 523. For purposes of carrying out Executive Order 13589, Office of Management and Budget Memorandum M–12–12 dated May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures: (1) the operating divisions of HHS shall be considered independent agencies; and (2) attendance at and support for scientific conferences shall be tabulated separately from and not included in agency totals. 524. Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency. 525. (a) Federal agencies may use Federal discretionary funds that are made available in this Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall be governed by the provisions of section 526 of division H of Public Law 113–76 Fiscal Year 2018 Fiscal Year 2014 September 30, 2022 September 30, 2018 Provided (b) In addition, Federal agencies may use Federal discretionary funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the authority provided by section 526 of division H of Public Law 113–76 Public Law 113–235 Public Law 114–113 Public Law 115–31 (c) Pilot sites selected under authorities in this Act and prior appropriations Acts may be granted by relevant agencies up to an additional 5 years to operate under such authorities. 526. Not later than 30 days after the end of each calendar quarter, beginning with the first quarter of fiscal year 2013, the Departments of Labor, Health and Human Services and Education and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate a quarterly report on the status of balances of appropriations: Provided, (Rescission) 527. Of the funds made available for fiscal year 2018 under section 3403 of Public Law 111–148 (Rescission) 528. Of the funds made available for purposes of carrying out section 2105(a)(3) of the Social Security Act, $88,613,000 are hereby rescinded. (Rescission) 529. Of any available amounts appropriated under section 301(b)(3) of Public Law 114–10 530. Amounts deposited in the Child Enrollment Contingency Fund prior to the beginning of fiscal year 2018 under section 2104(n)(2) of the Social Security Act and the income derived from investment of those funds pursuant to section 2104(n)(2)(C) of that Act, shall not be available for obligation in this fiscal year. This Act may be cited as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2018 September 7, 2017 Read twice and placed on the calendar

Summary: The Department of Education (ED); and several related agencies, including the Social Security Administration, the Corporation for National and Community Service, the Corporation for Public Broadcasting, and the National Labor Relations Board. The bill does not include funding for the Food and Drug Administration, the Indian Health Service, and the Agency for Toxic Substances and Disease Registry, which are included within HHS, but considered in other appropriations bills. The bill includes both discretionary and mandatory funding. The majority of the funding in the bill is mandatory funding for entitlement programs such as Medicaid and Supplemental Security Income that are funded in annual appropriations bills. These programs, known as appropriated entitlements, are included in annual appropriations bills, though the amounts provided for the programs are generally determined by authorizing statutes that control details of the programs such as eligibility rules and benefit levels. The bill increases discretionary funding compared to FY2017 levels. It also includes provisions that affect polices in areas such as: implementation of the Patient Protection and Affordable Care Act, abortion, human embryo research, eligibility for Pell grants, collective bargaining, and needle exchange programs. Full Summary: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2018 Provides FY2018 appropriations for the Departments of Labor, Health and Human Services, Education, and several related agencies. TITLE I--DEPARTMENT OF LABOR Department of Labor Appropriations Act, 2018 Provides FY2018 appropriations for agencies and programs within the Department of Labor. Provides appropriations to the Employment and Training Administration for: Training and Employment Services, the Job Corps, Community Service Employment for Older Americans, Federal Unemployment Benefits and Allowances, State Unemployment Insurance and Employment Service Operations, Advances to the Unemployment Trust Fund and Other Funds, and Program Administration. Provides appropriations to the Pension Benefit Guaranty Corporation. Provides appropriation to Labor for: the Employee Benefits Security Administration, the Wage and Hour Division, the Office of Labor-Management Standards, the Office of Federal Contract Compliance Programs, the Office of Workers' Compensation Programs, the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration, the Bureau of Labor Statistics, and the Office of Disability Employment Policy. Provides appropriations for Departmental Management, including: Salaries and Expenses, Veterans Employment and Training, IT Modernization, and the Office of Inspector General. (Sec. 101) Prohibits Job Corps funds provided by this bill from being used to pay the salary and bonuses of an individual at a rate that exceeds Executive Level II. (Sec. 102) Permits specified Labor funds to be transferred between accounts and sets forth requirements for the transfers. (Sec. 103) Prohibits funds provided by this bill from being used for the procurement of goods and services utilizing forced or indentured child labor. (Sec. 104) Requires specified funds available for job training grants under the American Competitiveness and Workforce Innovation and Opportunity Act to be used only for competitive grants to train individuals who are over the age of 16 and are not in school within a local educational agency in the occupations and industries for which employers are using H-1B visas to hire foreign workers, and the related activities necessary to support the training. (Sec. 105) Prohibits a recipient of Employment and Training Administration (ETA) funds from using the funds to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for vendors providing goods and services. Permits states to establish lower limits for salaries and bonuses. (Sec. 106) Permits the ETA to: (1) transfer funds provided for technical assistance services to grantees to Program Administration if the services will be more efficiently performed by federal employees, and (2) transfer specified Program Administration funds to carry out program integrity activities. (Sec. 107) Limits the funds that may be reserved for evaluation of programs and activities and requires the Chief Evaluation Officer to submit a plan to Congress in advance of transferring funds to be used for evaluations. (Sec. 108) Exempts certain personnel employed to adjust or evaluate claims resulting from or relating to a major disaster from the maximum hours provisions of the Fair Labor Standards Act of 1938 for two years after a state or federal declaration of a disaster or catastrophe. (Sec. 109) Rescinds specified advance appropriations from the ETA's Dislocated Workers Assistance National Reserve account. (Sec. 110) Provides employers in the seafood industry with flexibility with respect to bringing H-2B nonimmigrant workers into the United States. (The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.) (Sec. 111) Sets forth requirements for determining the prevailing wage for the H-2B program. (Sec. 112) Prohibits the use of funds provided by this bill to enforce the definition of corresponding employment or the three-fourths guarantee rule definition found in specified regulations for the H-2B program. Specifies the definition of temporary need that applies for the purpose of regulating admission of temporary workers under the H-2B program. (Sec. 113) Permits Labor to furnish excess personal property to programs registered under the National Apprenticeship Act for the purpose of training apprentices in the programs. (Sec. 114) Requires specified ETA funds to be used for training and employment assistance for workers in the Appalachian and Lower Mississippi regions. (Sec. 115) Extends the availability of specified funds provided for automation acquisitions that are being carried out by State Unemployment Insurance information technology consortia. TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES Department of Health and Human Services Appropriations Act, 2018 Provides FY2018 appropriations for agencies and programs within the Department of Health and Human Services (HHS). Provides appropriations to the Health Resources and Services Administration for: Primary Health Care, the Health Workforce, Maternal and Child Health, the Ryan White HIV/AIDS Program, Health Care Systems, Rural Health, Family Planning, Program Management, and the Vaccine Injury Compensation Program Trust Fund. Provides appropriations to the Centers for Disease Control and Prevention (CDC) for: Immunization and Respiratory Diseases; HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention; Emerging and Zoonotic Infectious Diseases; Chronic Disease Prevention and Health Promotion; Birth Defects, Developmental Disabilities, Disabilities and Health; Public Health Scientific Services; Environmental Health; Injury Prevention and Control; the National Institute for Occupational Safety and Health; the Energy Employees Occupational Illness Compensation Program; Global Health; Public Health Preparedness and Response; Buildings and Facilities; and CDC-Wide Activities and Program Support. Provides appropriations to the National Institutes of Health (NIH) for: the National Cancer Institute; the National Heart, Lung, and Blood Institute; the National Institute of Dental and Craniofacial Research; the National Institute of Diabetes and Digestive and Kidney Diseases; the National Institute of Neurological Disorders and Stroke; the National Institute of Allergy and Infectious Diseases; the National Institute of General Medical Sciences; the Eunice Kennedy Shriver National Institute of Child Health and Human Development; the National Eye Institute; the National Institute of Environmental Health Sciences; the National Institute on Aging; the National Institute of Arthritis and Musculoskeletal and Skin Diseases; the National Institute on Deafness and Other Communication Disorders; the National Institute of Nursing Research; the National Institute on Alcohol Abuse and Alcoholism; the National Institute on Drug Abuse; the National Institute of Mental Health; the National Human Genome Research Institute; the National Institute of Biomedical Imaging and Bioengineering; the National Center for Complementary and Integrative Health; the National Institute on Minority Health and Health Disparities; the John E. Fogarty International Center; the National Library of Medicine; the National Center for Advancing Translational Sciences; the Office of the Director; Buildings and Facilities; and the NIH Innovation Account. Provides appropriations to the Substance Abuse and Mental Health Services Administration for: Mental Health, Substance Abuse Treatment, Substance Abuse Prevention, and Health Surveillance and Program Support. Provides appropriations to the Agency for Healthcare Research and Quality. Provides appropriations to the Centers for Medicare and Medicaid Services for: Grants to States for Medicaid, Payments to Health Care Trust Funds, Program Management, and the Health Care Fraud and Abuse Control Account. Provides appropriations to the Administration for Children and Families for: Payments to States for Child Support Enforcement and Family Support Programs, Low Income Home Energy Assistance, Refugee and Entrant Assistance, Payments to States for the Child Care and Development Block Grant, the Social Services Block Grant, Children and Families Services Programs, Promoting Safe and Stable Families, and Payments for Foster Care and Permanency. Provides appropriations to the Administration for Community Living for Aging and Disability Services Programs. Provides appropriations to the Office of the Secretary for: General Departmental Management, the Account for the State Response to the Opioid Abuse Crisis, the Office of Medicare Hearings and Appeals, the Office of the National Coordinator for Health Information Technology, the Office of Inspector General, the Office for Civil Rights, Retirement Pay and Medical Benefits for Commissioned Officers, and the Public Health and Social Services Emergency Fund. (Sec. 201) Limits the funds provided by this title that may be used for official reception and representation expenses. (Sec. 202) Prohibits funds provided by this title from being used to pay the salary of an individual, through a grant or other extramural mechanism, in excess of Executive Level II. (Sec. 203) Restricts HHS's use of funds for program evaluation activities unless a report is submitted to Congress regarding the proposed use of the funds or the funds are specifically provided in this bill. (Sec. 204) Permits up to 2.9% of the funds provided for programs authorized under the Public Health Service Act (PHS Act) to be used for the evaluation (directly, or by grants or contracts) and the implementation and effectiveness of programs funded in this title. (Sec. 205) Sets forth restrictions and requirements for the transfer of HHS funds between appropriations accounts. (Sec. 206) Permits National Health Service Corps Loan Repayment Program contracts to be cancelled up to 60 days after the execution of a contract awarded in FY2018. (Sec. 207) Prohibits funds provided by this bill from being made available under title X (Population Research and Voluntary Family Planning Programs) of the PHS Act unless the applicant certifies that it: (1) encourages family participation in the decision of minors to seek family planning services, and (2) provides counseling to minors on resisting attempts to coerce minors into engaging in sexual activities. (Sec. 208) Specifies that no provider of services under title X of the PHS Act may be exempt from any state law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. (Sec. 209) Prohibits funds provided by this bill from being used for the Medicare Advantage program if HHS denies participation to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions. (Sec. 210) Prohibits funds provided by this title from being used to advocate or promote gun control. (Sec. 211) Limits the number of Public Health Service employees that may be assigned to assist in child survival activities and to work in AIDS programs through and with funds provided by the U.S. Agency for International Development, the United Nations International Children's Emergency Fund, or the World Health Organization. (Sec. 212) Permits HHS to exercise specified spending authority to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during FY2018. (Sec. 213) Permits the NIH, jointly with the Office of AIDS Research, to transfer specified HIV research funds among NIH institutes and centers if Congress is notified in advance. (Sec. 214) Makes NIH funds for HIV research available to the Office of AIDS Research. (Sec. 215) Permits the NIH: (1) to use specified funds to enter into certain transactions to carry out research in support of the NIH Common Fund; and (2) utilize peer review procedures, as determined to be appropriate by the NIH and in lieu of what would otherwise be required under the PHS Act, to obtain assessments of scientific and technical merit. (The NIH Common Fund supports cross-cutting, trans-NIH programs that require participation by at least two NIH Institutes or Centers or would otherwise benefit from strategic planning and coordination.) (Sec. 216) Limits the funds that the NIH may use for the alteration, repair, or improvement of facilities. (Sec. 217) Transfers specified funds provided to the NIH for National Research Service Awards (NRSA) to: (1) the Health Resources and Services Administration to make NRSA awards for research in primary medical care, and (2) to the Agency for Healthcare Research and Quality to make NRSA awards for health service research. (Sec. 218) Permits the Biomedical Advanced Research and Development Authority (BARDA) to enter into multiyear contracts of up to 10 years for the purchase of research services or of security countermeasures, subject to specified requirements. (Sec. 219) Transfers mandatory funds from the Prevention and Public Health Fund created by the Patient Protection and Affordable Care Act (PPACA) to accounts within HHS activities outlined under the heading ''Prevention and Public Health Fund'' in the report accompanying this bill. (Sec. 220) Requires the HHS budget justifications to include specified details regarding federal employees and contractors involved in activities related to PPACA. (Sec. 221) Requires HHS to include in the FY2019 budget specified details regarding: (1) the uses of funds by the Centers for Medicare and Medicaid Services for health insurance exchanges for each year since the enactment of PPACA, and (2) the proposed uses of the funds for FY2019. (Sec. 222) Requires HHS to report to Congress on: (1) monthly enrollment figures from exchanges established under PPACA, and (2) any new or competitive grant awards authorized under section 330 (Health Centers) of the PHS Act. (Sec. 223) Prohibits specified funds provided by this bill from being used for payments relating to the risk corridors program established by PPACA. (Sec. 224) Permits HHS to transfer specified funds from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to the Centers for Medicare and Medicaid Services to support program management activity related to Medicare. Prohibits the funds from being used to support any provision of PPACA. (Sec. 225) Requires HHS to include in the FY2019 budget justification an analysis of how a provision of the PHS Act related to coverage of preventive health services will impact eligibility for discretionary HHS programs. (Sec. 226) Requires HHS to use the recommendations last issued before 2009 to administer any law referring to the current recommendations of the U.S. Preventive Services Task Force for breast cancer screening, mammography, and prevention. (Sec. 227) Requires the NIH, in making federal financial assistance, to continue to apply the provisions relating to indirect costs in specified regulations, including with respect to the approval of deviations from negotiated rates, as the NIH applied the provisions in the third quarter of FY2017. Prohibits the NIH from using funds provided by this bill to develop or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval of the deviations from negotiated rates beyond the proportional effect of the approvals in the quarter. (Sec. 228) Rescinds specified unobligated balances from the HHS Nonrecurring Expenses Fund. (Sec. 229) Rescinds specified unobligated balances of funds provided for Refugee and Entrant Assistance. TITLE III--DEPARTMENT OF EDUCATION Department of Education Appropriations Act, 2018 Provides appropriations for agencies and programs within the Department of Education (ED). Provides appropriations to ED for: Education for the Disadvantaged, Impact Aid, School Improvement Programs, Indian Education, Innovation and Improvement, Safe Schools and Citizenship Education, English Language Acquisition, Special Education, and Rehabilitation Services. Provides appropriations for Special Institutions for Persons with Disabilities, including: the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University. Provides Appropriations to ED for: Career, Technical, and Adult Education, Student Financial Assistance, Student Aid Administration, Higher Education, Howard University, the College Housing and Academic Facilities Loans Program, the Historically Black College and University Capital Financing Program Account, and the Institute of Education Sciences. Provides appropriations for Departmental Management, including: Program Administration, the Office for Civil Rights, and the Office of Inspector General. (Sec. 301) Prohibits funds provided by this bill from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school, or (2) carry out a racial desegregation plan. (Sec. 302) Prohibits funds provided by this bill from being used to require the transportation of students to a school other than the school nearest to the student's home, except for students who require special education, in order to comply with title VI of the Civil Rights Act of 1964. (Sec. 303) Specifies that no funds provided by this bill may be used to prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 304) Permits ED to transfer certain funds between accounts, subject to specified restrictions and requirements. (Sec. 305) Amends the Compact of Free Association Amendments Act of 2003 to permit the Republic of Palau to continue to receive certain federal funds. (Sec. 306) Permits funds provided by this bill and consolidated for evaluation purposes under the Elementary and Secondary Education Act (ESEA) to be obligated from July 1, 2018, through September 30, 2019. (Sec. 307) Permits certain institutions of higher education to continue to use endowment income for student scholarships, subject to specified limits and requirements. Applies this section until titles III and V of the Higher Education Act of 1965 (HEA) are reauthorized. (Sec. 308) Extends the authorization of the National Advisory Committee on Institutional Quality and Integrity through 2018. (Sec. 309) Extends through 2018 ED's authority to provide account maintenance fees to guaranty agencies for federal student loans. (Sec. 310) Rescinds specified FY2018 funds from the Pell grant program. (Sec. 311) Rescinds specified discretionary unobligated balances from the Pell grant program. (Sec. 312) Amends title IV (Student Assistance) of the HEA to restore a student's Pell Grant eligibility for any period of time during which the student qualified for, or would have qualified for, federal student loan forgiveness due to school closure, false certification, or the successful assertion of a defense against repayment. Specifies that Pell Grants received by a student during the specified period of time do not count toward the student's lifetime limit on Pell Grant eligibility (currently 12 full-time semesters). (Sec. 313) Permits ED to extend provisional eligibility status of institutions of higher education for an additional 18 months if: (1) ED withdrew recognition of their accreditor on December 12, 2016, and (2) the institution does not remain with or reapply to the accrediting agency that accredited the institution on December 12, 2016. TITLE IV--RELATED AGENCIES Provides appropriations for the Committee for Purchase From People Who Are Blind or Severely Disabled. Provides appropriations to the Corporation for National and Community Service (CNCS) for: Operating Expenses, Payment to the National Service Trust, Salaries and Expenses, and the Office of Inspector General. (Sec. 401) Requires the CNCS to make any significant changes to program requirements or policy through rulemaking. Prohibits CNCS employees from disclosing specified information during a grant selection process to any person other than an officer or employee of CNCS that is authorized by CNCS to receive the information (Sec. 402) Sets forth minimum share requirements for AmeriCorps programs receiving grants under the National Service Trust program. (Sec. 403) Requires certain donations made to the CNCS to be used to supplement and not supplant current programs and operations. (Sec. 404) Requires certain education awards at GI bill-eligible institutions to be limited to veterans. (Sec. 405) Permits State Commissions on National and Community Service established under the National and Community Service Act of 1990 to receive criminal history record information. under the terms of the National Child Protection Act. Provides appropriations for other related agencies, including: the Corporation for Public Broadcasting, the Federal Mediation and Conciliation Service, the Federal Mine Safety and Health Review Commission, the Institute of Museum and Library Services, the Medicaid and CHIP Payment and Access Commission, the Medicare Payment Advisory Commission, the National Council on Disability, and the National Labor Relations Board. (Sec. 406) Permits the CNCS to provide a specified national service education award to an individual who successfully completes a term of service of at least 1,200 hours in a year. (Sec. 407) Prohibits the National Labor Relations Board from using funds to provide employees with electronic voting to determine a collective bargaining representative. Provides appropriations to the National Mediation Board and the Occupational Safety and Health Review Commission. Provides appropriations to the Railroad Retirement Board for: the Dual Benefits Payments Account, Federal Payments to the Railroad Retirement Accounts, Administration, and the Office of Inspector General. Provides appropriations to the Social Security Administration (SSA) for: Payments to Social Security Trust Funds, the Supplemental Security Income Program, Administrative Expenses, and the Office of Inspector General. TITLE V--GENERAL PROVISIONS (Sec. 501) Permits Labor, HHS, and ED to transfer certain unexpended balances to accounts to be used for the same purposes as the original appropriation. (Sec. 502) Prohibits funds provided by this bill from remaining available for obligation beyond the current fiscal year unless otherwise specified. (Sec. 503) Prohibits the use of funds provided by this bill for lobbying and related activities. (Sec. 504) Limits the official reception and representation expenses for specified departments and agencies. (Sec. 505) Requires grantees receiving federal funds provided by this bill to clearly state specified details regarding the federal funding and non-governmental funding sources in documents related to federally funded projects. (Sec. 506) Prohibits funds provided by this bill or in any trust fund which received funds in this bill from being used for: (1) abortions, or (2) health benefits coverage that includes coverage of abortion. (Sec. 507) Provides an exception to the prohibition on funding for abortion if: (1) the pregnancy is the result of rape or incest; or (2) a woman suffers from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed. Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (Sec. 508) Prohibits the use of funds provided by this bill for certain research involving human embryos. (Sec. 509) Prohibits the use of funds provided by this bill for promoting the legalization of controlled substances. Includes an exception when there is medical evidence of a therapeutic advantage to the use of the drug or federally sponsored clinical trials are being conducted to determine therapeutic advantage. (Sec. 510) Prohibits funds provided by this bill from being used for regulations to provide a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard. (Sec. 511) Prohibits funds provided by this bill from being used to enter into or renew a contract with a contractor that has not submitted to Labor a required annual report concerning employment of certain veterans. (Sec. 512) Prohibits the transfer of funds provided by this bill to any federal department, agency, or instrumentality, except pursuant to an appropriations Act. (Sec. 513) Prohibits funds provided by this bill from being used for libraries unless they are in compliance with the Children's Internet Protection Act. (Sec. 514) Sets forth requirements, procedures, and restrictions for the reprogramming of funds. (Sec. 515) Prohibits the use of funds provided by this bill to: (1) require candidates for scientific advisory committees to disclose their political activities, or (2) disseminate information that is deliberately false or misleading. (Sec. 516) Requires departments and agencies funded in this bill to submit operating plans. (Sec. 517) Requires Labor, HHS, and ED to report to Congress on the number and amounts of certain contracts, grants, and cooperative agreements awarded on a non-competitive basis. (Sec. 518) Prohibits the SSA from processing earnings for work performed under a fraudulent Social Security number if the performance of the work has formed the basis of a conviction for violating specified provisions of the Social Security Act. (Sec. 519) Prohibits the SSA from using funds provided by this bill to establish totalization arrangements between the U.S. Social Security system and the social security system of Mexico. (A totalization agreement coordinates the payment of Social Security taxes and benefits for workers who divide their careers between two countries.) (Sec. 520) Restricts the use of funds provided by this bill to purchase sterile needles or syringes for the hypodermic injection of any illegal drug. (Sec. 521) Requires computer networks of agencies funded by this bill to block pornography, subject to an exception for law enforcement activities. (Sec. 522) Prohibits funds from being provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, allied organizations, or successors. (Sec. 523) Sets forth reporting requirements for spending on conferences. (Sec. 524) Requires agencies funded by this bill to clearly state within the text, audio, or video used for advertising or educational purposes, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense. (Sec. 525) Permits funds provided by this bill to be used to carry out up to 10 Performance Partnership Pilots that: (1) are designed to improve outcomes for disconnected youth; (2) include communities that have recently experienced civil unrest; and (3) involve federal programs targeted on disconnected youth, or designed to prevent youth from disconnecting from school or work, or that provide education, training, employment, and other related social services. (Sec. 526) Requires Labor, HHS, ED, and SSA to submit specified reports to Congress on the status of balances of appropriations. (Sec. 527) Rescinds funds previously provided for the Independent Payment Advisory Board. (Sec. 528) Rescinds specified funds from the Children's Health Insurance Program Performance Bonus Fund. (Sec. 529) Rescinds specified funds previously provided for the Children's Health Insurance (CHIP) Program (Sec. 530) Prohibits specified amounts in the Child Enrollment Contingency Fund from being obligated during the current fiscal year.