(ii) posting the job opportunity on the 
appropriate Department of Labor Elec-
tronic 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 sec-
tion 655.20(d) of title 20, Code of Federal Regula-
tions, or any other applicable provision of law. 
(b) H–2B NONIMMIGRANTS DEFINED.—In this sec-
tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad-
mitted to the United States pursuant to section 
101(a)(15)(H)(ii)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 
SEC. 112. The determination of prevailing wage for 
the purposes of the H–2B program shall be the greater 
of—(1) the actual wage level paid by the employer to other 
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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 posi-
tion in the geographic area in which the H–2B non-
immigrant will be employed, based on the best information 
available at the time of filing the petition. In the deter-
mination of prevailing wage for the purposes of the H– 
2B program, the Secretary shall accept private wage sur-
veys even in instances where Occupational Employment 
Statistics survey data are available unless the Secretary 
determines that the methodology and data in the provided 
survey are not statistically supported. 
SEC. 113. None of the funds in this Act shall be used 
to enforce the definition of corresponding employment 
found in 20 CFR 655.5 or the three-fourths guarantee 
rule definition found in 20 CFR 655.20, or any references 
thereto. Further, for the purpose of regulating admission 
of temporary workers under the H–2B program, the defi-
nition of temporary need shall be that provided in 8 CFR 
214.2(h)(6)(ii)(B). 
SEC. 114. Notwithstanding any other provision of 
law, the final rule issued by the Department of Labor enti-
tled ‘‘Definition of the Term ‘‘Fiduciary’’; Conflict of In-
terest Rule-Retirement Investment Advice’’ and published 
by the Department of Labor in the Federal Register on 
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April 8, 2016 (81 Fed. Reg. 20946 et seq.), shall have 
no force or effect. 
This title may be cited as the ‘‘Department of Labor 
Appropriations Act, 2018’’. 
TITLE II 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
PRIMARY HEALTH CARE 
For carrying out titles II and III of the Public Health 
Service Act (referred to in this Act as the ‘‘PHS Act’’) 
with respect to primary health care and the Native Hawai-
ian Health Care Act of 1988, $1,491,522,000: Provided, 
That no more than $100,000 shall be available until ex-
pended for carrying out the provisions of section 224(o) 
of the PHS Act: Provided further, That no more than 
$99,893,000 shall be available until expended for carrying 
out the provisions of sections 224(g)–(n) and (q) of the 
PHS Act, and for expenses incurred by the Department 
of Health and Human Services (referred to in this Act 
as ‘‘HHS’’) pertaining to administrative claims made 
under such law. 
HEALTH WORKFORCE 
For carrying out titles III, VII, and VIII of the PHS 
Act with respect to the health workforce, sections 1128E 
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and 1921 of the Social Security Act, and the Health Care 
Quality Improvement Act of 1986, $748,236,000: Pro-
vided, That sections 736(h)(1), 747(c)(2), 751(j)(2), 
762(k), and the proportional funding amounts in para-
graphs (1) through (4) of section 756(f) of the PHS Act 
shall not apply to funds made available under this head-
ing: Provided further, That for any program operating 
under section 751 of the PHS Act on or before January 
1, 2009, the Secretary of Health and Human Services (re-
ferred to in this title as the ‘‘Secretary’’) may hereafter 
waive any of the requirements contained in sections 
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full 
project period of a grant under such section: Provided fur-
ther, That no funds shall be available for section 340G– 
1 of the PHS Act: Provided further, That fees collected 
for the disclosure of information under section 427(b) of 
the Health Care Quality Improvement Act of 1986 and 
sections 1128E(d)(2) and 1921 of the Social Security Act 
shall be sufficient to recover the full costs of operating 
the programs authorized by such sections and shall remain 
available until expended for the National Practitioner 
Data Bank: Provided further, That funds transferred to 
this account to carry out section 846 and subpart 3 of 
part D of title III of the PHS Act may be used to make 
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prior year adjustments to awards made under such sec-
tions. 
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 Amer-
ican Jobs Creation Act of 2004, $848,617,000: Provided, 
That notwithstanding sections 502(a)(1) and 502(b)(1) of 
the Social Security Act, not more than $80,593,000 shall 
be available for carrying out special projects of regional 
and national significance pursuant to section 501(a)(2) of 
such Act and $10,276,000 shall be available for projects 
described in subparagraphs (A) through (F) of section 
501(a)(3) of such Act. 
RYAN WHITE HIV/AIDS PROGRAM 
For carrying out title XXVI of the PHS Act with 
respect to the Ryan White HIV/AIDS program, 
$2,318,781,000, of which $1,970,881,000 shall remain 
available to the Secretary through September 30, 2020, 
for parts A and B of title XXVI of the PHS Act, and 
of which not less than $900,313,000 shall be for State 
AIDS Drug Assistance Programs under the authority of 
section 2616 or 311(c) of such Act. 
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