Summary: H.R.1625 — 115th Congress (2017-2018)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Public Law No: 115-141 (03/23/2018)

Highlights:

This bill provides FY2018 appropriations for federal agencies for the remainder of FY2018. The bill also provides additional Overseas Contingency Operations/ Global War on Terrorism funding, which is exempt from discretionary spending limits.

The bill extends several expiring programs, including:

  • several immigration programs,
  • the National Flood Insurance Program,
  • federal aviation programs and taxes,
  • pesticide registration fees,
  • the Generalized System of Preferences,
  • customs user fees, and
  • the authority of the Judicial Conference to redact information from financial disclosures.

The bill also includes legislation that addresses a wide range of policy issues and programs, including:

  • criminal background checks,
  • school safety,
  • Federal Communications Commission programs,
  • environmental programs and regulations,
  • public lands,
  • wildfire suppression funding,
  • tax policy,
  • safeguarding amateur athletes against abuse,
  • abstinence education,
  • Arizona school funding,
  • the Missing Alzheimer's Disease Patient Alert Program,
  • Medicare payments,
  • labor rules,
  • small businesses,
  • human trafficking, and
  • limitations on assistance to the Palestinian Authority.

The bill also exempts specified provisions from the Statutory Pay-As-You-Go Act of 2010 (PAYGO), the Senate PAYGO rule, and other budget enforcement rules.

Full Summary:

Consolidated Appropriations Act, 2018

(Sec. 3) Provides that references to "this Act" included in any division of this bill refer only to the provisions of the division unless the bill expressly provides otherwise.

(Sec. 4) Provides that the explanatory statement printed in the Congressional Record regarding this bill has the same effect as a joint explanatory statement of a conference committee.

(Sec. 5) Specifies that the sums in this bill are appropriated for FY2018.

(Sec. 6) Provides that amounts designated by this bill for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.

(Sec. 7) Prohibits cost of living adjustments for Members of Congress during FY2018.

Provides appropriations for a payment to Emily Robin Minerva, heir of the late Representative Louise McIntosh Slaughter.

DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018

This division provides FY2018 appropriations for the Department of Agriculture (USDA), except for the Forest Service, which is included in division G (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018).

It also provides appropriations for the Food and Drug Administration (FDA), the Commodity Futures Trading Commission (CFTC), and the Farm Credit Administration.

The division includes both discretionary and mandatory funding. The mandatory funding levels are generally set by authorizing legislation such as the farm bill and are frequently limited in the agriculture appropriations bill.

TITLE I--AGRICULTURAL PROGRAMS

Provides appropriations for the following agricultural programs and services:

  • the Office of the Secretary;
  • Executive Operations;
  • the Office of the Chief Information Officer;
  • the Office of the Chief Financial Officer;
  • the Office of the Assistant Secretary for Civil Rights;
  • the Office of Civil Rights;
  • Agriculture Buildings and Facilities;
  • Hazardous Materials Management;
  • the Office of Inspector General;
  • the Office of the General Counsel;
  • the Office of Ethics;
  • the Office of the Under Secretary for Research, Education, and Economics;
  • the Economic Research Service;
  • the National Agricultural Statistics Service;
  • the Agricultural Research Service;
  • the National Institute of Food and Agriculture;
  • the Office of the Under Secretary for Marketing and Regulatory Programs;
  • the Animal and Plant Health Inspection Service;
  • the Agricultural Marketing Service;
  • the Office of the Under Secretary for Food Safety; and
  • the Food Safety and Inspection Service.

TITLE II--FARM PRODUCTION AND CONSERVATION PROGRAMS

Provides appropriations for Farm Production and Conservation programs, including:

  • the Office of the Under Secretary for Farm Production and Conservation,
  • the Farm Production and Conservation Business Center,
  • the Farm Service Agency,
  • the Risk Management Agency,
  • the Natural Resources Conservation Service,

Provides appropriations for: (1) the Federal Crop Insurance Corporation Fund, and (2) the Commodity Credit Corporation Fund.

TITLE III--RURAL DEVELOPMENT PROGRAMS

Provides appropriations for Rural Development Programs including:

  • Rural Development Salaries and Expenses,
  • the Rural Housing Service,
  • the Rural Business--Cooperative Service, and
  • the Rural Utilities Service.

TITLE IV--DOMESTIC FOOD PROGRAMS

Provides appropriations for the Office of the Under Secretary for Food, Nutrition, and Consumer Services.

Provides appropriations to the Food and Nutrition Service for:

  • Child Nutrition Programs;
  • the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);
  • the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program);
  • the Commodity Assistance Program; and
  • Nutrition Programs Administration.

TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS

Provides appropriations to the Office of the Under Secretary for Trade and Foreign Agricultural Affairs.

Provides appropriations for the Foreign Agricultural Service, including:

  • the Food for Peace Act (P.L. 480),
  • the McGovern-Dole International Food for Education and Child Nutrition Program, and
  • the Commodity Credit Corporation Export (loans) Credit Guarantee Program Account.

TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

Provides appropriations to:

  • the Department of Health and Human Services for the Food and Drug Administration (FDA),
  • the Commodity Futures Trading Commission, and
  • the Farm Credit Administration.

TITLE VII--GENERAL PROVISIONS

(Sec. 701) Permits USDA to use funds provided by this division for the purchase, replacement, and hire of passenger motor vehicles.

(Sec. 702) Permits USDA to transfer unobligated balances to the Working Capital Fund for the acquisition of plant and capital equipment for financial, administrative, and information technology services. Permits the transferred funds to remain available until expended and specifies restrictions on the use of the funds.

(Sec. 703) Prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the division expressly provides otherwise.

(Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit institutions to 10% of the total direct cost of the agreement when the purpose of the agreement is to carry out programs of mutual interest between the two parties.

(Sec. 705) Permits appropriations for direct and guaranteed loans to remain available until expended to disburse obligations made in the current fiscal year for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account.

(Sec. 706) Prohibits USDA from using funds provided by this division to acquire new information technology systems or significant upgrades without approval of the Chief Information Officer (CIO) and the Executive Information Technology Investment Review Board. Restricts the transfer of funds made available by this division to the CIO without prior approval of Congress. Prohibits funds from being used for specified information technology projects without the approval of the CIO.

(Sec. 707) Permits specified funds provided under the Federal Crop Insurance Act for the Agricultural Management Assistance Program in the current fiscal year to remain available until expended to disburse obligations made in the current fiscal year.

(Sec. 708) Makes a former Rural Utility Service borrower that has repaid or prepaid a loan under the Rural Electrification Act of 1936 or any not-for-profit utility qualified to receive a loan under the Act eligible for rural economic development and job creation assistance in the same manner as a borrower.

(Sec. 709) Permits specified unobligated balances of appropriations provided by this division for salaries and expenses of the Farm Service Agency and the Rural Development mission area to remain available through FY2019 for information technology expenses.

(Sec. 710) Prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by this division in contravention of specified regulations.

(Sec. 711) Provides that Commodity Credit Corporation funds authorized or required to be used for specified programs included in the Agricultural Act of 2014: (1) shall be available for salaries and administrative expenses associated with the programs without regard to allotment and transfer limits, and (2) shall not be considered to be a fund transfer or allotment for purposes of applying the limits.

(Sec. 712) Limits funds available for USDA advisory committees, panels, commissions, and task forces, except for panels used to comply with negotiated rulemaking or to evaluate competitively awarded grants.

(Sec. 713) Prohibits funds provided by this division from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture (NIFA) that exceed 30% of total federal funds provided under each award.

Permits funds provided by this division for grants awarded competitively by NIFA to be used to pay full allowable indirect costs for specified research and development grants awarded under the Small Business Act.

(Sec. 714) Prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 715) Limits the amount of Section 32 funds that may be used for certain domestic food assistance programs, including:

  • Child Nutrition Programs Entitlement Commodities,
  • State Option Contracts,
  • Removal of Defective Commodities, and
  • Administration of Section 32 Commodity Purchases.

(Section 32 is a program created to assist producers of agricultural commodities not supported by other mandatory farm support programs. It is funded by a permanent appropriation of a portion of the previous year's customs receipts less certain mandatory transfers to child nutrition and other programs.)

Prohibits the use of Section 32 funds to reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Includes an exception for a limited amount of carryover funds.

(Sec. 716) Prohibits funds from being used to prepare proposals for the President's budget that assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted.

(Sec. 717) Sets forth procedures, requirements, and restrictions for reprogramming and transferring funds provided by this division.

(Sec. 718) Permits USDA to assess a one-time fee for any guaranteed business and industry loan and limits the fee to 3% of the guaranteed principal portion of the loan.

(Sec. 719) Prohibits funds from being used to provide reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to anyone not employed by USDA, the Food and Drug Administration, the Commodity Futures Trading Commission, or the Farm Credit Administration.

(Sec. 720) Prohibits any executive branch agency from using funds provided by this division to produce a prepackaged news story for U.S. broadcast or distribution unless the story includes a clear notification that it was prepared or funded by the agency.

(Sec. 721) Prohibits USDA employees from being detailed or assigned from an agency funded by this division to any other USDA agency or office for more than 60 days in a fiscal year unless the individual's employing agency is reimbursed by the receiving agency for the salary and expenses of the employee.

(Sec. 722) Establishes a Working Capital Fund to be administered by the FDA. Specifies purposes and transfer authority for the fund.

(Sec. 723) Directs the agencies funded by this division to submit spending plans to Congress.

(Sec. 724) Rescinds specified unobligated balances from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

(Sec. 725) Requires USDA to continue an intermediary loan packaging program based on the FY2013 pilot program for packaging and reviewing section 502 single family direct loans. (The loan program assists low-income applicants in purchasing homes in rural areas. Funds may also be used to build, repair, or renovate a house, including providing water and sewage facilities.)

(Sec. 726) Permits USDA to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority and have program levels established by this division. Requires congressional notification prior to implementing any increase.

(Sec. 727) Provides that certain credit card refunds or rebates transferred to the Working Capital Fund: (1) shall not be available for obligation without congressional approval; and (2) shall only be available for the acquisition of plant and capital equipment for USDA financial, administrative, and information technology services.

(Sec. 728) Prohibits funds provided by this division from be used for the variety requirements of the final USDA rule titled "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)" until USDA amends the definition of "variety" to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule.

Specifies that, until the amendments are promulgated, USDA must apply the requirements regarding acceptable varieties and breadth of stock to SNAP retailers that were in effect on the day before the enactment of the Agricultural Act of 2014.

(Sec. 729) Prohibits funds provided by this division from being used: (1) in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes; or (2) to prohibit the transportation, processing, sale, or use of industrial hemp or seeds of such plant, that is grown or cultivated in accordance with the Agricultural Act of 2014, within or outside the state in which it is grown or cultivated.

(Sec. 730) Specifies the matching requirements that apply to funds appropriated for the Agriculture and Food Research Initiative.

(Sec. 731) Provides appropriations for disaster assistance payments under the Tree Assistance Program to certain orchardists or nursery tree growers of pecan trees for losses incurred during 2017.

(Sec. 732) Sets forth the authorities that apply for USDA to provide loans for housing and buildings on adequate farms.

(Sec. 733) Prohibits funds provided by this division from being used for regulations to allow or require information intended for a prescribing health care professional, in the case of a drug or biological product, to be distributed electronically (in lieu of in paper form) until a federal law is enacted to allow or require electronic distribution.

(Sec. 734) Prohibits the FDA from acknowledging applications for an exemption for investigational use of a drug or biological product in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Provides that any submission is deemed not to have been received, and the exemption may not go into effect.

(Sec. 735) Prohibits funds from being used to carry out provisions of the final FDA rule titled "Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals" with respect to certain requirements that apply to the production, distribution, sale, or receipt of dried spent grain by-products of the alcoholic beverage production process.

(Sec. 736) Provides that funds for title II of the Food for Peace Act may only be used to assist nations if adequate monitoring and controls exist to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes.

(Sec. 737) Appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers to transport agricultural commodities.

(Sec. 738) Prohibits the FDA from deeming partially hydrogenated oils to be unsafe or any food containing a partially hydrogenated oil to be adulterated prior to June 18, 2018.

(Sec. 739) Provides appropriations for the costs of refinancing certain loans under the pilot program that permits USDA to use certain funds from rural electrification loans made by the Federal Financing Bank for refinancing debt.

(Sec. 740) Prohibits the Food and Nutrition Service from using funds provided by this division for any new research and evaluation projects until after a research and evaluation plan is submitted to Congress.

(Sec. 741) Provides additional funds to remain available until expended for the Rural Energy Savings Program. Permits funds provided for the program by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017 to remain available until September 30, 2019.

(The program helps rural families and small businesses achieve cost savings by providing loans to consumers to implement durable cost-effective energy efficiency measures.)

Permits USDA to allow eligible entities to offer loans to customers in any part of their service territory and to offer loans to replace a manufactured housing unit with another manufactured housing unit, if replacement would be more cost effective in saving energy.

(Sec. 742) Requires the Animal and Plant Health Inspection Service (APHIS) to conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable:

  • veterinary control and oversight,
  • disease history and vaccination practices,
  • livestock demographics and traceability,
  • epidemiological separation from potential sources of infection,
  • surveillance practices,
  • diagnostic laboratory capabilities, and
  • emergency preparedness and response.

Requires APHIS to make reports regarding the audits publicly available.

(Sec. 743) Provides appropriations for USDA to carry out a pilot program that provides forestry inventory analysis, forest management, and economic outcomes modeling for certain currently enrolled Conservation Reserve Program participants.

(Sec. 744) Prohibits funds provided by this division from being used to issue or renew licenses under the Animal Welfare Act for certain dealers who sell dogs and cats for research, experiments, teaching, or testing.

(Sec. 745) Provides appropriations to remain available until expended for implementing non-renewable agreements for wetlands preservation on eligible lands, including flooded agricultural lands.

(Sec. 746) Prohibits funds provided for the rural water, waste water, waste disposal, and solid waste management programs authorized by the Consolidated Farm and Rural Development Act from being used for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. Specifies exceptions and waiver procedures.

(Sec. 747) Directs USDA to set aside specified additional funds for Rural Economic Area Partnership (REAP) Zones.

(Sec. 748) Prohibits USDA from including incarcerated prison populations to determine eligibility or the level of program assistance for Rural Development programs.

(Sec. 749) Provides appropriations to remain available until expended for a pilot program for USDA to award grants to non-profit organizations and public housing authorities to provide technical assistance to Rural Housing Service (RHS) multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where there is a risk of loss of affordable housing. Requires the grants to be used to assist acquisitions by non-profit housing organizations and public housing authorities that commit to keep the properties in the RHS multi-family housing program for a period of time determined by USDA.

(Sec. 750) Prohibits a state electronic benefit transfer (EBT) contractor or subcontractor from issuing fees related to the switching or routing of benefits for USDA domestic food assistance programs. (Switching is the routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an EBT card in one state to the issuer of the card that may be in the same or different state).

(Sec. 751) Prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate with Congress as permitted under current law.

(Sec. 752) Requires USDA to establish a pilot program to permit state Farm Service Agency offices to make county-level payments to agricultural producers under the Agriculture Risk Coverage Program using an alternate calculation method if it is necessary to ensure that there are not significant yield calculation disparities between comparable counties in the state. Specifies requirements for the alternative calculation method and provides appropriations for the program.

(Sec. 753) Provides appropriations to the National Institute of Food and Agriculture for relocation expenses and for the alteration and repair of leased buildings and public improvements.

(Sec. 754) Permits USDA to receive access to certain information from federal tax returns to verify the income for individuals participating in loan programs under the Housing Act of 1949.

(Sec. 755) Provides appropriations to remain available through FY2019 to allow allied professional associations to develop a training program for school nutrition personnel that focuses on school food service meal preparation and workforce development.

(Sec. 756) Prohibits funds provided by this division from being used to procure raw or processed poultry products from China for the National School Lunch Program, the Child and Adult Food Care Program, the Summer Food Service Program, or the School Breakfast Program.

(Sec. 757) Permits USDA to respond to a community with inadequate drinking water supplies due to a natural disaster by providing potable water through the Emergency Community Water Assistance Grant Program for up to 120 days beyond the time period established in the program.

(Sec. 758) Amends the Housing Act of 1949 to make USDA's authority to collect fees from lenders to accessing USDA systems to participate in the Single Family Housing Direct Loan Program, subject to authority provided in advance in appropriations bills.

(Sec. 759) Requires at least 10% of the funds provided by this division for specified Rural Development programs to be allocated for assistance in persistent poverty counties. Defines a "persistent poverty county" as a county that has had at least 20% of its population living in poverty over the past 30 years, as measured by the decennial censuses.

(Sec. 760) Prohibits USDA from using funds to finalize the proposed rule titled "Eligibility of the People's Republic of China (PRC) to Export to the United States Poultry Products from Birds Slaughtered in the PRC" unless USDA meets specified requirements, including ensuring that the poultry slaughter inspection system for the PRC is equivalent to that of the United States.

(Sec. 761) Amends the Watershed Protection and Flood Prevention Act to increase from $5 million to $25 million the threshold for estimated federal construction costs for certain watershed projects that requires USDA to comply with certain congressional reporting and approval requirements.

(Sec. 762) Provides appropriations for Food for Peace Title II grants and specifies that the funds may be used for both emergency and non-emergency purposes.

(Sec. 763) Provides appropriations for the Farm to School Grant Program. (The program provides competitive grants and technical assistance to implement farm-to-school programs that improve access to local foods in eligible schools.)

(Sec. 764) Prohibits the FDA from using funds provided by this division to develop, issue, promote, or advance any regulations applicable to food manufacturers for population-wide sodium reduction actions or to develop, issue, promote or advance final guidance applicable to food manufacturers for long term population-wide sodium reduction actions until the dietary reference intake report with respect to sodium is completed.

(Sec. 765) Permits USDA to provide financial and technical assistance to remove and dispose of debris and sediment that could adversely affect health and safety on non-federal land in a flood-affected county or parish. Specifies that the assistance: (1) may be used to restore pre-disaster hydraulic capacity of the watershed, and (2) may not be used to correct an operation and maintenance issue that existed prior to the disaster.

(Sec. 766) Amends the Food Security Act of 1985 to exempt certain recipients of USDA conservation assistance from specified reporting requirements. Exempts producers or landowners eligible to participate in any USDA conservation program from reporting requirements related to subawards, executive compensation, the Universal Identifier, and the System for Award Management.

(Sec. 767) Appropriates funds for the pilot program to demonstrate new technologies that increase growth of reforested hardwood trees on private nonindustrial forests lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005.

(Sec. 768) Prohibits funds provided by this division from being used in contravention of provisions of the Richard B. Russell National School Lunch Act and USDA regulations that prohibit schools from physically segregating, overtly identifying, or discriminating against children eligible to receive a free lunch, a reduced price lunch, or free milk under the National School Lunch Program, the School Breakfast Program, or the Special Milk Program.

(Sec. 769) Provides additional funds to USDA for loans and grants that are consistent with the Healthy Food Financing Initiative and that support projects to provide access to healthy food in underserved areas, create and preserve quality jobs, and revitalize low-income communities.

(Sec. 770) Prohibits the FDA from allowing the introduction or delivery for introduction into interstate commerce of any food that contains genetically engineered salmon until the FDA publishes final labeling guidelines for informing consumers of the content.

(Sec. 771) Provides additional funds to APHIS to remain available through FY2019 for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening.

(Sec. 772) Amends the Department of Agriculture Reorganization Act of 1994 to authorize USDA to establish the position of Under Secretary of Agriculture for Farm Production and Conservation to replace the existing position of Under Secretary of Agriculture for Farm and Foreign Agricultural Services.

(Sec. 773) Prohibits the FDA from using funds to enforce the rule titled "Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption" with respect to the regulation of the production, distribution, sale, or receipt of grapes that are grown, harvested, and used solely for wine and receive commercial processing that adequately reduces the presence of microorganisms of public health significance.

(Sec. 774) Prohibits funds provided by this division from being used to revoke an exception made: (1) under the Grain Inspection, Packers and Stockyards Administration rule titled "Exceptions to Geographic Areas for Official Agencies Under the USGSA"; and (2) before April 14, 2017. (The rule established criteria to allow more than one designated official agency to inspect or weigh grain within a single geographic area.)

(Sec. 775) Provides appropriations for telemedicine and distance learning services in rural areas to help address the opioid epidemic in rural America.

(Sec. 776) Provides that, for the 2018-2019 school year, only school food authorities with a negative balance in the nonprofit school food service account as of January 31, 2018, are required to establish a price for paid lunches using the formula specified under current law (known as Paid Lunch Equity requirements).

(Sec. 777) Provides appropriations to the National Institute of Food and Agriculture to remain available through FY2019 for a pilot program to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans.

(Sec. 778) Provides appropriations to the FDA for expenses related to processing and inspecting opioid and other articles imported or offered for import through international mail facilities of the U.S. Postal Service.

(Sec. 779) Provides appropriations for USDA to conduct a new broadband loan and grant pilot program and specifies requirements for the program.

(Sec. 780) Provides additional appropriations for the cost of direct loans and grants made under the Rural Water and Waste Disposal Program Account.

(Sec. 781) Requires the USDA and the FDA to post on a public website in a searchable format information regarding certain grant awards, including the congressional district in which the recipient is located.

Prohibits the USDA or the FDA from providing advance notice of grants awards to anyone outside of USDA or the FDA except for potential awardees until the information is posted.

(Sec. 782) Prohibits funds from being used to inspect horses for slaughter purposes.

(Sec. 783) Prohibits funds from being used for the Biomass Crop Assistance Program.

DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2018

This division provides FY2018 appropriations to the Department of Commerce, the Department of Justice (DOJ), science agencies, and several related agencies.

The division funds agencies with a wide range of responsibilities for issues such as:

  • addressing violent crime, drug trafficking, financial fraud, terrorism, espionage, and cybercrime;
  • conducting the census;
  • forecasting the weather;
  • managing fisheries;
  • exploring space;
  • advancing science;
  • providing legal services for the poor;
  • enforcing employment discrimination laws; and
  • overseeing patents, trademarks, and trade policy.

TITLE I--DEPARTMENT OF COMMERCE

Provides appropriations to the Department of Commerce for:

  • the International Trade Administration,
  • the Bureau of Industry and Security,
  • the Economic Development Administration,
  • the Minority Business Development Agency,
  • Economic and Statistical Analysis,
  • the Bureau of the Census,
  • the National Telecommunications and Information Administration, and
  • the U.S. Patent and Trademark Office.

Provides appropriations to the National Institute of Standards and Technology (NIST) for:

  • Scientific and Technical Research and Services,
  • Industrial Technology Services, and
  • Construction of Research Facilities.

Provides appropriations to the National Oceanic and Atmospheric Administration (NOAA) for:

  • Operations, Research, and Facilities;
  • Procurement, Acquisition, and Construction;
  • Pacific Coastal Salmon Recovery;
  • the Fishermen's Contingency Fund;
  • Fishery Disaster Assistance; and
  • the Fisheries Finance Program Account.

Provides appropriations for Departmental Management, including:

  • Salaries and Expenses,
  • Renovation and Modernization, and
  • the Office of Inspector General.

(Sec. 101) Permits funds provided by this division to be used for advanced payments (prior to the receipt of goods, services, or other assets) that are not otherwise authorized only if designated Commerce officials certify that the payments are in the public interest.

(Sec. 102) Permits funds provided by this division to be used for hiring passenger motor vehicles, employment of temporary or intermittent experts and consultants, and the purchase of uniforms.

(Sec. 103) Permits the transfer of funds between Commerce accounts, subject to specified limitations and requirements. Requires Commerce to notify Congress prior to the acquisition or disposal of any capital asset not provided for in an Act providing appropriations to Commerce.

(Sec. 104) Extends requirements for NOAA to make and report to Congress on determinations regarding the identification and management of technical, cost, and schedule risk; the reliance on demonstrated technologies; and compliance with relevant policies, prior to entering into a contract for a major program with a life cycle cost of more than $250 million.

Specifies the life cycle costs for the Joint Polar Satellite System and the Geostationary Operational Environmental Satellite R-Series Program.

(Sec. 105) Permits Commerce to: (1) furnish services to facilitate the use or occupancy of Department of Commerce buildings, and (2) credit specified reimbursements received for the services to the appropriation or fund which bears the cost of the services.

(Sec. 106) Specifies that grant recipients may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.

(Sec. 107) Permits NOAA to use, with consent and reimbursement, resources of other federal, state, local, and international entities to carry out the responsibilities of any statute administered by NOAA.

(Sec. 108) Prohibits the National Technical Information Service from charging for copies of reports or documents generated by the legislative branch unless the service has provided information on how a copy may be obtained for free online. Requires any charge to be limited to the service's cost.

(Sec. 109) Permits Commerce to waive the requirement for bonds with respect to contracts for the construction, alteration, or repair of vessels under the Coast and Geodetic Survey Act of 1947.

(Sec. 110) Permits NOAA to work with federal and non-federal agencies and governments by entering into agreements; using land, services, equipment, personnel, and facilities provided by the entities; or receiving and expending funds made available on a consensual basis.

(Sec. 111) Permits the Economic and Statistics Administration, the Bureau of Economic Analysis, and the U.S. Census Bureau to use funds to enter into cooperative agreements to assist in improving statistical methodology and research.

TITLE II--DEPARTMENT OF JUSTICE

Department of Justice Appropriations Act, 2018

Provides FY2018 appropriations to the Department of Justice (DOJ).

Provides appropriations to DOJ for General Administration, including:

  • Salaries and Expenses,
  • Justice Information Sharing Technology,
  • the Executive Office for Immigration Review, and
  • the Office of Inspector General.

Provides appropriations to the U.S. Parole Commission.

Provides appropriations for Legal Activities, including:

  • General Legal Activities,
  • the Antitrust Division,
  • the U.S. Attorneys,
  • the U.S. Trustee System Fund,
  • the Foreign Claims Settlement Commission,
  • Fees and Expenses of Witnesses,
  • the Community Relations Service, and
  • the Assets Forfeiture Fund.

Provides appropriations to the U.S. Marshals Service for:

  • Salaries and Expenses,
  • Construction, and
  • Federal Prisoner Detention.

Provides appropriations to DOJ for:

  • the National Security Division;
  • Interagency Law Enforcement;
  • the Federal Bureau of Investigation (FBI);
  • the Drug Enforcement Administration (DEA);
  • the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and
  • the Federal Prison System.

Provides appropriations to the Office On Violence Against Women for Violence Against Women Prevention and Prosecution Programs.

Provides appropriations to the Office of Justice Programs for:

  • Research, Evaluation, and Statistics;
  • State and Local Law Enforcement Assistance;
  • Juvenile Justice Programs; and
  • Public Safety Officer Benefits.

Provides appropriations for Community Oriented Policing Services (COPS) programs.

(Sec. 201) Provides additional funds to the Attorney General for official reception and representation expenses.

(Sec. 202) Prohibits funds provided by this title from being used to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.

(Sec. 203) Prohibits funds provided by this title from being used to require any person to perform or facilitate the performance of an abortion.

(Sec. 204) Specifies that: (1) section 203 of this division does not remove the obligation of the Bureau of Prisons to provide escort services to an inmate receiving an abortion outside of a federal facility, and (2) nothing in this section diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.

(Sec. 205) Sets forth requirements and procedures for transferring and reprogramming DOJ funds provided by this division.

(Sec. 206) Prohibits the FBI or the U.S. Marshals Service from using funds provided by this title to transport prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure.

(Sec. 207) Prohibits federal prisons from using funds provided by this division to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. Includes exceptions for inmate training, religious, or educational programs.

(Sec. 208) Prohibits funds provided by this title from being used for a new or enhanced information technology program with estimated development costs exceeding $100 million unless the Deputy Attorney General and the Department Investment Review Board certify to Congress that the program: (1) has appropriate program management controls and contractor oversight mechanisms in place, and (2) is compatible with DOJ enterprise architecture.

(Sec. 209) Requires DOJ to follow reprogramming procedures for: (1) any deviation from the program amounts specified in this division or the explanatory statement, or (2) for any use of deobligated balances of funds provided by this title in previous years.

(Sec. 210) Prohibits funds provided by this division from being used for a public-private competition for work performed by employees by the Bureau of Prisons or Federal Prison Industries, Incorporated.

(Sec. 211) Prohibits U.S. Attorneys from holding dual or additional responsibilities that exempt them from statutory residency requirements.

(Sec. 212) Specifies percentages of grant and reimbursement funds provided to the Office of Justice Programs that may be used for: (1) training and technical assistance; and (2) criminal justice research, evaluation and statistics.

(Sec. 213) Permits DOJ, upon receiving a request from a grantee with a fiscal hardship, to waive matching requirements for Second Chance Act adult and juvenile reentry demonstration projects; state, tribal, and local reentry courts; and drug treatment programs.

(Sec. 214) Waives the requirement that DOJ reserve certain funds provided for offender incarceration for payments for incarceration on tribal lands.

(Sec. 215) Prohibits funds, other than funds for the National Instant Criminal Background Check System established under the Brady Handgun Violence Prevention Act, from being used to transfer an operable firearm to a known or suspected agent of a drug cartel if law enforcement personnel do not continuously monitor or control the firearm.

(Sec. 216) Establishes limitations and requirements for the obligation of specified funds from the Department of Justice Working Capital Fund and the Assets Forfeiture Fund.

(Sec. 217) Permits funds provided by this division for the Office of Justice Programs to be used to participate in Performance Partnership Pilot collaboration programs.

TITLE III--SCIENCE

Science Appropriations Act, 2018

Provides appropriations to: (1) the Office of Science and Technology Policy, and (2) the National Space Council.

Provides appropriations to the National Aeronautics and Space Administration (NASA) for:

  • Science;
  • Aeronautics;
  • Space Technology;
  • Exploration;
  • Space Operations;
  • Education;
  • Safety, Security, and Mission Services;
  • Construction and Environmental Compliance and Restoration; and
  • the Office of Inspector General.

Includes administrative provisions for NASA that establish requirements and procedures for the availability of funds for an announced prize, the reprogramming and transfer of funds provided by this division, and NASA's spending plan.

Provides appropriations to the National Science Foundation (NSF) for:

  • Research and Related Activities,
  • Major Research Equipment and Facilities Construction,
  • Education and Human Resources,
  • Agency Operations and Award Management,
  • the Office of the National Science Board, and
  • the Office of Inspector General.

Establishes requirements for the transfer or reprogramming of funds provided by this division to the NSF.

TITLE IV--RELATED AGENCIES

Provides appropriations for related agencies, including:

  • the Commission on Civil Rights,
  • the Equal Employment Opportunity Commission,
  • the U.S. International Trade Commission,
  • the Legal Services Corporation,
  • the Marine Mammal Commission,
  • the Office of the U.S. Trade Representative, and
  • the State Justice Institute.

Specifies restrictions, terms, and conditions on the use of funds by the Legal Services Corporation.

TITLE V--GENERAL PROVISIONS

(Sec. 501) Prohibits funds provided by this division from being used for publicity or propaganda purposes that are not authorized by Congress.

(Sec. 502) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year, unless expressly permitted in the division.

(Sec. 503) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or executive order.

(Sec. 504) Provides that if any provision of this division or the application of the provision is held invalid, the remainder of the division is not affected.

(Sec. 505) Establishes restrictions and requirements for the reprogramming of funds provided by this division.

(Sec. 506) Prohibits funds provided by this division from being used to award contracts or subcontracts to a person who has been found to have intentionally affixed a ''Made in America'' label to any product that was not made in America. Requires promotional items purchased using funds provided by this division to be manufactured, produced, or assembled in the United States or its territories or possessions, to the extent it is practicable.

(Sec. 507) Requires Commerce, DOJ, the NSF, and NASA to provide quarterly reports to Congress regarding the status of balances of appropriations at the account level.

(Sec. 508) Requires costs incurred by agencies for personnel actions due to funding reductions in this division to be absorbed within the budgetary resources available to the department or agency. Provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. Specifies that this section applies to Commerce actions taken for the care and protection of loan collateral or grant property.

(Sec. 509) Prohibits funds provided by this division from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 510) Establishes obligation limits for funds from the Crime Victims Fund. Requires specified funds to be provided to: (1) the DOJ Office of Inspector General for oversight and auditing purposes, and (2) the Office for Victims of Crime for grants to Indian tribes to improve services for victims of crime.

(Sec. 511) Prohibits DOJ from using funds provided by this division to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided, or of the parents or legal guardians of the students.

(Sec. 512) Prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government, unless the transfer is pursuant to an appropriations Act.

(Sec. 513) Establishes timetables and procedures for specified audits by Inspectors General of the departments and agencies funded in this division.

(Sec. 514) Prohibits Commerce, DOJ, NASA, or the NSF from using funds provided by this division to acquire certain information systems unless the agency has:

  • reviewed the supply chain risk for the information systems against criteria developed by NIST and the FBI,
  • reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other agencies,
  • conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of the system,
  • developed a mitigation strategy for any identified risks, and
  • determined that the acquisition is in the national interest.

(Sec. 515) Prohibits funds provided by this division from being used to support or justify the use of torture by any official or contract employee of the U.S. government.

(Sec. 516) Prohibits funds from being used to require export licenses for exporting components, parts, or attachments for certain firearms to Canada.

(Sec. 517) Prohibits funds from being used to deny certain import applications for firearms, parts, or ammunition that are curios or relics. (Curios or relics are firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.)

(Sec. 518) Prohibits the use of funds provided by this division to include specified patent provisions from the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement in any new bilateral or multilateral trade agreement.

(Sec. 519) Prohibits funds provided by this division from being used to authorize or issue a national security letter (NSL) in violation of specified laws authorizing the FBI to issue an NSL. (An NSL is a written directive, comparable to an administrative subpoena, used by law enforcement and intelligence agencies to demand certain information from third parties such as telecommunication providers, financial institutions, and consumer credit reporting agencies.)

(Sec. 520) Requires congressional notification regarding Commerce, DOJ, NSF, or NASA projects that total more than $75 million and are expected to have cost increases of at least 10%.

(Sec. 521) Deems funds provided by this division for intelligence or intelligence related activities as authorized by Congress during FY2018 until the enactment of the Intelligence Authorization Act for FY2018.

(Sec. 522) Prohibits contracts or grant awards above $5 million unless the prospective contractor or grantee certifies that the organization has filed all federal tax returns, has not been convicted of a criminal offense under the Internal Revenue Code, and has no unpaid federal tax assessment.

(Sec. 523) Rescinds specified unobligated balances from prior appropriations to DOJ and Commerce and requires the departments to submit reports to Congress regarding the rescissions.

(Sec. 524) Prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 525) Prohibits funds provided by this division from being used to pay for the attendance of more than 50 department or agency employees at any single conference outside the United States, unless it is a law enforcement training or operational event where the majority of federal attendees are law enforcement personnel stationed outside the United States.

(Sec. 526) Prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.

(Sec. 527) Prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 528) Requires the Office of Management and Budget to direct departments, agencies, and instrumentalities funded by this division to track undisbursed balances in expired grant accounts and include specified details in annual performance and accountability reports.

(Sec. 529) Prohibits NASA or the Office of Science and Technology Policy (OSTP) from using funds provided by this division to: (1) engage in bilateral activities with China or a Chinese-owned company unless the activities are authorized by a law enacted after enactment of this division, or (2) host official Chinese visitors at NASA facilities. Includes an exception if NASA or OSTP have made a specified certification to Congress regarding an activity.

(Sec. 530) Prohibits funds from being used to deny or fail to act on application for the importation of any shotgun model if: (1) all other requirements of law with respect to the proposed importation are met, and (2) no application for the importation of models in the same configuration had been denied by DOJ prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.

(Sec. 531) Prohibits funds provided by this division from being used for a computer network that does not block pornography, except for law enforcement purposes.

(Sec. 532) Requires specified agencies funded by this division to submit spending plans to Congress.

(Sec. 533) Prohibits the use of funds provided by this division to implement the Arms Trade Treaty regulating international trade in conventional arms until it is ratified by the Senate.

(Sec. 534) Requires Commerce, NASA, NSF, and the OSTP to report monthly to Congress on official travel of employees to China.

(Sec. 535) Requires at least 10% of the funds provided by this division for specified programs to be allocated for assistance in persistent poverty counties. Defines a "persistent poverty county" as a county that has had at least 20% of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates.

(Sec. 536) Prohibits funds provided by this division from being used to pay award or incentive fees for contractors with performance that is below satisfactory or does not meet the basic requirements of the contract.

(Sec. 537) Prohibits DOJ or the DEA from using funds provided by this division in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes.

(Sec. 538) Prohibits DOJ from using funds provided by this division to prevent specified states, the District of Columbia, Guam, or Puerto Rico from implementing their own laws authorizing the use, distribution, possession, or cultivation of medical marijuana.

(Sec. 539) Requires Commerce to: (1) lift the stay on the effective date of the final rule for the seafood import monitoring program for specified species with a compliance date that is no later than December 31, 2018; and (2) establish a traceability program for U.S. inland, coastal, and marine aquaculture of shrimp and abalone from point of production to entry into U.S. commerce. Specifies requirements for the confidentiality of the information collected from the program.

(Sec. 540) Provides additional appropriations to DOJ to keep young athletes safe.

DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018

Department of Defense Appropriations Act, 2018

This division provides FY2018 appropriations to the Department of Defense (DOD) for military activities, including appropriations for Overseas Contingency Operations (OCO)/ Global War on Terrorism.

TITLE I--MILITARY PERSONNEL

Provides appropriations for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

TITLE II--OPERATION AND MAINTENANCE

Provides appropriations for Operation and Maintenance (O&M) for the military departments, other DOD agencies, the Reserve Components, and the Army and Air National Guard.

Provides appropriations for:

  • the U.S. Court of Appeals for the Armed Forces;
  • Environmental Restoration for the military departments, DOD agencies, and at Formerly Used Defense Sites;
  • Overseas Humanitarian, Disaster, and Civic Aid;
  • the Cooperative Threat Reduction Account; and
  • the Department of Defense Acquisition Workforce Development Fund.

TITLE III--PROCUREMENT

Provides appropriations for Procurement by the military departments, including:

  • Aircraft;
  • Missiles;
  • Weapons and Tracked Combat Vehicles;
  • Ammunition;
  • Spacecraft, Rockets, and Related Equipment;
  • Shipbuilding and Conversion by the Navy;
  • Defense-Wide Procurement; and
  • Defense Production Act Purchases.

TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Provides appropriations for Research, Development, Test, and Evaluation (RDT&E) by the military departments and defense agencies.

TITLE V--REVOLVING AND MANAGEMENT FUNDS

Provides appropriations for the Defense Working Capital Funds.

TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

Provides appropriations for other DOD programs, including:

  • the Defense Health Program,
  • Chemical Agents and Munitions Destruction,
  • Drug Interdiction and Counter-Drug Activities, and
  • the Office of the Inspector General.

TITLE VII--RELATED AGENCIES

Provides appropriations for the Central Intelligence Agency Retirement and Disability System Fund and the Intelligence Community Management Account.

TITLE VIII--GENERAL PROVISIONS

(Sec. 8001) Prohibits appropriations provided by this division from being used for publicity or propaganda purposes not authorized by Congress.

(Sec. 8002) Exempts DOD from laws prohibiting the compensation or employment of foreign nationals if specified conditions are met.

(Sec. 8003) Prohibits funding provided by this division from remaining available for obligation beyond the current fiscal year unless this division expressly provides otherwise.

(Sec. 8004) Prohibits more than 25% of the appropriations provided by this division for the current fiscal year from being obligated during the last 2 months of the fiscal year, with an exception for support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.

(Sec. 8005) Specifies authorities and restrictions for transferring specified funds provided by this division for other military functions.

(Sec. 8006) Requires tables included in the explanatory statement accompanying this division to be treated as if they were included in the text of this division.

(Sec. 8007) Requires DOD to submit a report to Congress to establish the baseline for application of reprogramming and transfer authorities for FY2018. Prohibits funds provided by this division from being reprogrammed or transferred until the report is provided or DOD certifies to Congress that the reprogramming or transfer is necessary as an emergency requirement. Includes exceptions for: (1) the Environmental Restoration accounts, and (2) Drug Interdiction and Counter-drug activities.

(Sec. 8008) Prohibits cash balances in DOD Working Capital Funds from exceeding the level necessary for cash disbursements to be made from the funds. Sets forth requirements and limitations for transfers of balances in the funds to specified accounts.

(Sec. 8009) Prohibits the initiation of a special access program without notifying Congress in advance.

(Sec. 8010) Establishes limitations and conditions on the use of funds provided by this division to initiate or terminate certain multiyear procurement contracts.

(Sec. 8011) Appropriates O&M funds for the costs of humanitarian and civic assistance provided in conjunction with military operations.

(Sec. 8012) Prohibits DOD from managing civilian personnel on the basis of any end-strength or subjecting civilian personnel to any end-strength limitations.

(Sec. 8013) Prohibits funds provided by this division from being used to directly or indirectly influence congressional action on legislation or appropriation matters pending before Congress.

(Sec. 8014) Prohibits compensation from being paid to any member of the Army participating as a full-time student and receiving benefits paid by the Department of Veterans Affairs from the DOD Education Benefits Fund if the time spent as a student is counted toward the member's service commitment. Applies the restriction only to active components of the Army and exempts members that have reenlisted with this option prior to October 1, 1987.

(Sec. 8015) Permits funds appropriated in title III of this division for the Department of Defense Pilot Mentor-Protege Program to be transferred to any other account contained in this division to implement a developmental assistance agreement under the program.

(Sec. 8016) Prohibits DOD from purchasing certain anchor and mooring chains unless they are manufactured in the United States.

(Sec. 8017) Prohibits funds provided by this division from being used to support the procurement of malt beverages and wine with nonappropriated funds for resale on a military installation located in the United States unless the beverages are procured within the state in which the installation is located and specified conditions are met.

(Sec. 8018) Prohibits funds from being used to demilitarize or dispose of certain small firearms, small arms ammunition, or ammunition components that are not otherwise prohibited from commercial sale under federal law, unless the Army has certified that the small arms, ammunition, or components are unserviceable or unsafe for further use.

(Sec. 8019) Limits funding for the relocation of any DOD entity into or within the National Capital Region. Permits DOD to waive the limitation by certifying to Congress that a relocation is required in the best interest of the government.

(Sec. 8020) Provides specified funds for incentive payments for federal contracts involving contractors, subcontractors, or suppliers that are Indian organizations or Indian-owned economic enterprises.

(Sec. 8021) Prohibits funds provided by this division for the Defense Media Activity from being used for national or international political or psychological activities.

(Sec. 8022) Permits DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of contributions from the government of Kuwait.

(Sec. 8023) Provides appropriations from specified Air Force accounts to support Civil Air Patrol Corporation operation and maintenance, procurement, readiness, counterdrug activities, drug demand reduction activities involving youth programs, and vehicle procurement.

(Sec. 8024) Prohibits funds provided by this division from being used to establish a new DOD federally-funded research and development center (FFRDC). Limits compensation for FFRDC members or consultants.

Prohibits a defense FFRDC from using FY2018 DOD funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions.

Limits the staff years that may be funded for FFRDCs from FY2018 funds, and requires DOD to submit a report on the allocation of staff years with the FY2019 budget request.

Reduces the total amount appropriated by this division for FFRDCs.

(Sec. 8025) Prohibits DOD from procuring carbon, alloy, or armor steel plating not melted and rolled in the United States or Canada. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security purposes.

(Sec. 8026) Specifies that "congressional defense committees" includes the Senate and House Armed Services Committees and Appropriations Subcommittees on Defense.

(Sec. 8027) Permits DOD to acquire the modification, depot maintenance, and repair of aircraft, vehicles, and vessels; and production of components through competition between DOD activities and private firms.

(Sec. 8028) Revokes blanket waivers of the Buy American Act if DOD determines that a country has violated the terms of a specified agreement by discriminating against products produced in the United States.

(Sec. 8029) Permits funds in the Department of Defense Overseas Military Facility Investment Recovery Account to remain available until expended.

(Sec. 8030) Permits the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Ellsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising among requests of Indian tribes for these conveyances.

(Sec. 8031) Permits O&M appropriations to be used to purchase items with an investment unit cost of not more than $250,000.

(Sec. 8032) Prohibits the use of funds provided by this division to disestablish, close, downgrade from host to extension center, or place on probation a Senior Reserve Officers' Training Corps program.

(Sec. 8033) Requires DOD to issue regulations to: (1) prohibit the sale of tobacco or tobacco-related products in military resale outlets in the United States, its territories, and possessions at a price below the most competitive price in the local community; and (2) require the prices in overseas military retail outlets to be within the range of prices established for military retail systems stores in the United States.

(Sec. 8034) Prohibits the use of DOD Working Capital Funds to purchase specified investment items.

(Sec. 8035) Prohibits funds provided for the Central Intelligence Agency (CIA) from remaining available for obligation beyond the current fiscal year, except for funds provided for the Reserve for Contingencies, the CIA Central Services Working Capital Fund, or other specified programs.

(Sec. 8036) Permits specified Navy O&M funds to be used for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute theater security cooperation activities such as humanitarian assistance and the payments of the costs of training and exercising with foreign security forces.

(Sec. 8037) Requires specified Operation and Maintenance, Defense-Wide funds to be used for the mitigation of environmental impacts on Indian lands resulting from DOD activities.

(Sec. 8038) Requires DOD to comply with the Buy American Act.

(Sec. 8039) Prohibits funds provided by this division from being used to: (1) establish a field operating agency, or (2) pay a member of the Armed Forces or civilian employee transferred or reassigned from a headquarters activity if the employee's place of duty remains at headquarters. Specifies exceptions and permits waivers that will reduce personnel or financial requirements of the department.

(Sec. 8040) Prohibits funds provided by this division from being used to convert a function performed by DOD civilian employees to performance by a contractor unless specific requirements are met.

(Sec. 8041) Rescinds specified funds provided by prior appropriations bills for Procurement and RDT&E.

(Sec. 8042) Prohibits funds provided by this division from being used to reduce authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve, and Air Force Reserve unless the reductions are a direct result of a reduction in military force structure.

(Sec. 8043) Prohibits funds provided by this division from being used for assistance to North Korea unless the funds are specifically appropriated for that purpose.

(Sec. 8044) Permits O&M funds provided by this division to be used to reimburse the National Guard and Reserve for providing intelligence or counterintelligence support to the combatant commands, defense agencies, and joint intelligence activities.

(Sec. 8045) Prohibits the transfer of DOD or CIA drug interdiction or counter-drug activity funds to any other department or agency except as specifically provided in an appropriations law.

(Sec. 8046) Requires ball and roller bearings purchased using funds provided by this division to be produced by a domestic source. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security.

(Sec. 8047) Requires specified appropriations for the Working Capital Fund--Army account to be used to maintain competitive rates at the arsenals.

(Sec. 8048) Prohibits funds provided by this division from being used for Evolved Expendable Launch Vehicle (EELV) launch service competitions unless the competitions are open to all certified providers of EELV systems. Requires the award to be made to the provider that offers the best value to the government.

(Sec. 8049) Appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.

(Sec. 8050) Prohibits funds provided by this division from being used to purchase any supercomputer not manufactured in the United States unless it is unavailable from U.S. manufacturers and is necessary for national security.

(Sec. 8051) Requires the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides to be taken proportionally from all programs, projects, or activities that contribute to the extramural budget.

(Sec. 8052) Prohibits funds in this division from being used for contractor bonuses being paid due to a business restructuring.

(Sec. 8053) Permits the transfer of specified O&M funds to pay military personnel for support and services for eligible organizations and activities outside DOD.

(Sec. 8054) Permits DOD to dispose of negative unliquidated or unexpended balances for expired or closed accounts by charging an obligation to a current account for the same purpose as the expired or closed account.

(Sec. 8055) Permits the National Guard to allow the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis.

(Sec. 8056) Prohibits DOD funds from being used to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. Navy forces assigned to the Pacific fleet. Provides that command and control relationships that existed on October 1, 2004, shall remain in effect until a written modification has been proposed to congressional appropriations committees.

Specifies that the proposed modification: (1) may be implemented 30 days after the committees are notified unless an objection is received from the committees, and (2) may not preclude the ability of the commander of the U.S. Pacific Command to meet operational requirements.

(Sec. 8057) Requires specified O&M funds to be used for continued implementation and expansion of the Sexual Assault Special Victims Counsel Program.

(Sec. 8058) Prohibits the use of funds provided in title IV of this division to procure end-items for delivery to military forces for operational training, operational use, or inventory requirements. Includes exceptions and permits a waiver for national security purposes.

(Sec. 8059) Permits DOD to waive limitations on the procurement of defense items from a foreign country if: (1) the limitations would invalidate cooperative programs or reciprocal trade agreements, and (2) the country does not discriminate against the same or similar items procured in the United States. Provides exceptions.

(Sec. 8060) Prohibits funds provided by this division or other DOD appropriations bills from being used for repairs or maintenance for military family housing units.

(Sec. 8061) Permits the transfer of specified Navy O&M funds to the John C. Stennis Center for Public Service Training and Development Trust Fund.

(Sec. 8062) Requires DOD to submit a report to Congress before obligating specified RDT&E funds appropriated by this division for any new start advanced concept technology demonstration project or joint capability demonstration project. Permits DOD to waive the restriction by certifying to Congress that it is in the national interest.

(Sec. 8063) Requires DOD to continue to provide a classified quarterly report to Congress on matters specified in the classified annex accompanying this division.

(Sec. 8064) Permits a Reserve who is a member of the National Guard serving on full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8065) Prohibits funds provided by this division from being used to transfer specified armor-piercing ammunition to any nongovernmental entity, except for demilitarization purposes.

(Sec. 8066) Permits the Chief of the National Guard Bureau to waive payment for leases of personal property for not more than a year to certain youth, social, charitable, or fraternal nonprofit organizations.

(Sec. 8067) Provides for the transfer of specified Army O&M funds to other activities of the federal government for classified purposes. Permits DOD to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section.

(Sec. 8068) Prohibits funds from being used to make specified modifications to the budget and appropriations process for the National Intelligence Program.

(Sec. 8069) Provides appropriations to remain available until expended for grants for the construction and furnishing of additional Fisher Houses to meet the needs of military family members confronted with the illness or hospitalization of an eligible military beneficiary.

(Sec. 8070) Specifies that certain congressional notifications regarding rapid acquisition and deployment procedures must be submitted concurrently to the appropriations committees and defense appropriations subcommittees.

(Sec. 8071) Provides specified Procurement and RDT&E funds for the Israeli Cooperative Programs. Specifies funding for the Iron Dome defense system for countering short-range rocket threats, the Short Range Ballistic Missile Defense program, and related programs.

(Sec. 8072) Permits specified Shipbuilding and Conversion--Navy funds to remain available through FY2018 to fund prior year shipbuilding cost increases. Requires the funds to be transferred to specified accounts.

(Sec. 8073) Deems funds provided by this division for intelligence activities to be authorized by Congress during FY2018 until the enactment of the Intelligence Authorization Act for FY2018.

(Sec. 8074) Prohibits fund appropriated by this division from being used for a reprogramming of funds that creates or initiates a new program, project, or activity unless it must be undertaken immediately for national security and Congress is notified in advance.

(Sec. 8075) Requires the President's budget to include separate budget justification documents for costs of the Armed Forces' participation in contingency operations for the Military Personnel, O&M, Procurement, and RDT&E accounts.

(Sec. 8076) Prohibits funds provided by this division from being used for research, development, test, evaluation, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8077) Reduces the total amount appropriated in this division to reflect savings due to favorable foreign exchange rates.

(Sec. 8078) Provides appropriations to DOD for the rapid acquisition and deployment of supplies and associated support services pursuant to the Bob Stump National Defense Authorization Act for Fiscal Year 2003.

(Sec. 8079) Prohibits funds provided by this division from being used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve if the action would reduce the WC-130 Weather Reconnaissance mission below the levels funded in this division. Permits the squadron to perform other missions in support of national defense requirements during the non-hurricane season.

(Sec. 8080) Prohibits funds provided by this division from being used for integrating foreign intelligence information unless the information has been lawfully collected and processed during authorized foreign intelligence activities.

Requires information pertaining to U.S. persons to be handled in accordance with the Fourth Amendment of the U.S. Constitution as implemented through Executive Order No. 12333 (United States Intelligence Activities).

(Sec. 8081) Prohibits funds provided by this division from being used to transfer research and development, acquisition, or other program authority related to current tactical unmanned aerial vehicles from the Army.

Requires the Army to retain responsibility for and operational control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle.

(Sec. 8082) Prohibits funds appropriated by this division for programs of the Office of the Director of National Intelligence (ODNI) from being obligated beyond the current fiscal year except for research and technology funds, which remain available through FY2019.

(Sec. 8083) Provides for the adjustment of obligations within the Shipbuilding and Conversion--Navy appropriation.

(Sec. 8084) Requires the ODNI to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for FY2018. Prohibits funds provided by this division for the National Intelligence Program from being transferred or reprogrammed until the report is submitted unless the action is necessary for an emergency.

(Sec. 8085) Prohibits funds provided by this division from being used to eliminate, restructure, realign, or make disproportionate personnel reductions at Army Contracting Command--New Jersey sites without notifying Congress in advance.

(Sec. 8086) Requires transfers of funds for support to friendly countries in connection with the conduct of operations in which the United States is not participating to be made in accordance with sections 8005 or 9002 of this division, which specify procedures and requirements for transferring funds.

(Sec. 8087) Requires transfers of funds from the Department of Defense Acquisition Workforce Development Fund to a military department or defense agency to be covered by and subject to sections 8005 or 9002 of this division, which specify procedures and requirements for transferring funds.

(Sec. 8088) Prohibits funds provided by this division from being used to support any military training or operation that includes child soldiers unless the assistance is permitted by the Child Soldiers Prevention Act of 2008.

(Sec. 8089) Specifies restrictions and requirements for the reprogramming or transfer of funds provided to the National Intelligence Program.

(Sec. 8090) Directs the ODNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.

(Sec. 8091) Specifies committees included in "congressional intelligence committees" for the purposes of this division.

(Sec. 8092) Permits specified O&M funds provided in title II to be transferred by the military department concerned to its central fund established for Fisher Houses and Suites.

(Sec. 8093) Prohibits funds provided by this division from being used for making remittances to the Defense Acquisition Workforce Development Fund.

(Sec. 8094) Requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

(Sec. 8095) Prohibits the use of funds for federal contracts in excess of $1 million unless the contractor meets specific requirements regarding the resolution of claims under title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, or national origin). Allows DOD to waive the requirements to avoid harm to national security.

(Sec. 8096) Provides specified funds to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

(Sec. 8097) Prohibits funds provided by this division from being used to: (1) provide certain missile defense information to the Russian Federation, subject to an exception for information regarding ballistic missile early warning; or (2) integrate a missile defense system of the Russian Federation or a missile defense system of the People's Republic of China into any missile defense system of the United States.

(Sec. 8098) Permits DOD funds to be used to purchase armored vehicles for the physical security of personnel or force protection and limits the cost per vehicle.

(Sec. 8099) Permits the ODNI to transfer specified funds provided by this division for the National Intelligence Program with the approval of the Office of Management and Budget, subject to certain requirements and restrictions.

(Sec. 8100) Prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.

(Sec. 8101) Prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 8102) Prohibits funds provided by this division from being used to transfer any individual detained at Guantanamo to a country of origin or other foreign country or entity unless DOD makes certain certifications.

(Sec. 8103) Prohibits funds provided by this division from being used to violate the Wars Powers Resolution.

(Sec. 8104) Prohibits funds from being used to enter into specified agreements and transactions with Russian arms supplier Rosoboronexport. Permits DOD to waive the restriction if specific conditions are met.

(Sec. 8105) Prohibits funds provided by this division from being used for the purchase or manufacture of U.S. flags unless they are treated as covered items under Buy American requirements.

(Sec. 8106) Requires DOD to submit specified reports to Congress detailing the submission of records during the previous six months to databases accessible to the National Instant Criminal Background Check System.

(Sec. 8107) Permits funds provided by this division to be used to provide ex gratia payments to local military commanders for damage, personal injury, or death that is incident to combat operations in a foreign country.

(Sec. 8108) Prohibits funds provided by this division from being used to reduce strategic delivery vehicles and launchers below levels necessary to implement the New Strategic Arms Reduction Treaty (New START), as set forth in a report provided to Congress pursuant to the National Defense Authorization Act for Fiscal Year 2012.

(Sec. 8109) Requires DOD to post grant awards on a public website in a searchable format.

(Sec. 8110) Specifies requirements for proportionally allocating reductions required under current law for each Research, Development, Test, and Evaluation and Procurement account.

(Sec. 8111) Prohibits funds provided by this division from being used for the performance of a flight demonstration team at a location outside of the United States if a performance of a flight demonstration team at a location within the United States was canceled during the year due to insufficient funding.

(Sec. 8112) Prohibits the National Security Agency (NSA) from using funds provided by this division to target a U.S. person under specified authorities granted by the Foreign Intelligence Surveillance Act of 1978 (FISA).

(Sec. 8113) Prohibits funds provided by this division from being used for the Arms Trade Treaty until it is ratified by the Senate.

(Sec. 8114) Prohibits the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this division to another federal agency not financed by this division without the express authorization of Congress.

(Sec. 8115) Prohibits funds provided by this division from being used to initiate or expand support for foreign forces, irregular forces, groups, or individuals supporting U.S. Special Operations Forces activities to combat terrorism unless Congress is notified in advance in accordance with the classified annex of this division.

(Sec. 8116) Prohibits funds provided by this division from being used for activities in Iraq in contravention of the War Powers Resolution.

(Sec. 8117) Prohibits funds provided by this division for the T-AO(X) program from being used for a new contract that provides for the acquisition of certain components unless the components are manufactured in the United States. (The T-AO[X] program is an oiler shipbuilding program to build a new class of fleet oilers for the Navy. Navy fleet oilers transfer fuel to Navy surface ships that are operating at sea.)

(Sec. 8118) Reduces the total amount appropriated by this division to reflect savings due to lower than anticipated fuel prices.

(Sec. 8119) Prohibits funds provided by this division from being used for Government Travel Charge Card expenses for gaming or for entertainment that includes topless or nude entertainers or participants.

(Sec. 8120) Prohibits funds provided by this division from being used for a new or additional Base Realignment and Closure (BRAC) round.

(Sec. 8121) Permits specified Navy O&M funds to be used for the National Defense Reserve Fleet and for reimbursements to the Ready Reserve Force, Maritime Administration account of the Department of Transportation for expenses related to the National Defense Reserve Fleet.

(Sec. 8122) Permits DOD to use specified funds to develop, replace, and sustain federal government security and suitability background investigation information technology systems of the Office of Personnel Management or other federal agency responsible for conducting such investigations. Specifies reprogramming and transfer procedures for the funds.

(Sec. 8123) Prohibits funds provided by this division from being used to close or realign the U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 8124) Prohibits funds provided by this division from being used for any computer network that does not block access to pornography websites, with exceptions for criminal investigations, prosecution, or adjudication activities; or for any activity necessary for the national defense, including intelligence activities.

(Sec. 8125) Specifies limitations on the transfer of funds provided by this division for the Global Engagement Center.

(Sec. 8126) Prohibits funds from being transferred from the Defense Acquisition Workforce Development Fund to the Rapid Prototyping Fund or credited to a military department-specific fund established to carry out an acquisition program under the rapid prototyping pathway.

(Sec. 8127) Provides additional O&M funds that are only available to DOD, or for transfer to the Department of Education, to make grants, conclude cooperative agreements, or supplement federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations.

(Sec. 8128) Requires certain DOD programs that provide assisted reproductive services for seriously ill or injured active duty service members to be carried out without time limits on the duration of embryo cryopreservation and storage.

(Sec. 8129) Prohibits funds provided by this division from being used to provide arms, training, or other assistance to the Azov Battalion.

(Sec. 8130) Prohibits funds provided by this division from being used to purchase heavy water from Iran.

(Sec. 8131) Amends the National Defense Authorization Act for Fiscal Year 2018 to modify the authorization of appropriations for the Department of Health and Human Services study on the human health implications of per- and polyfluoroalkyl substances contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways.

(Sec. 8132) Permits specified funds provided by title II of this division for Operation and Maintenance to be used for a project in a country designated by the Secretary of Defense.

TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

Provides appropriations for FY2018 for Overseas Contingency Operations (OCO)/ the Global War on Terrorism.

Designates the funds provided in this title as for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. (OCO funds are exempt from discretionary spending limits and other budget enforcement rules.)

Provides appropriations for Active-Duty and Reserve Personnel in the Army, Navy, Marine Corps and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

Provides appropriations for Operation and Maintenance (O&M) for the military departments, other agencies of DOD, the Reserve Components, and the Army and Air National Guard.

Provides appropriations for the Afghanistan Security Forces Fund and the Counter-Islamic State of Iraq and Syria Train and Equip Fund.

Provides appropriations for Procurement by the military departments, other DOD agencies, Reserve Components, and National Guard, including procurement for aircraft, missiles, weapons, tracked combat vehicles, space, and ammunition.

Provides appropriations for the National Guard and Reserve Equipment Account.

Provides appropriations for Research, Development, Test, and Evaluation (RDT&E) for the military departments and other DOD agencies.

Provides appropriations for the Defense Working Capital Funds.

Provides appropriations for Other DOD Programs, including:

  • the Defense Health Program,
  • Drug Interdiction and Counter-Drug Activities, and
  • the Office of the Inspector General.

(Sec. 9001) Specifies that funds made available in this title are in addition to amounts appropriated to DOD for FY2018.

(Sec. 9002) Permits DOD to transfer specified funds between the appropriations in this title if it is in the national interest, OMB approves, and Congress is notified.

(Sec. 9003) Permits supervision, administration, and design costs for a construction project funded with O&M or the Afghanistan Security Forces Fund in direct support of overseas contingency operations in Afghanistan to be obligated when a construction contract is awarded.

(Sec. 9004) Permits DOD to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in the U.S. Central Command area of responsibility. Limits the cost of each passenger and armored vehicle.

(Sec. 9005) Permits specified Army O&M funds to be used for the Commander's Emergency Response Program for humanitarian relief and reconstruction assistance in Afghanistan.

(Sec. 9006) Permits DOD O&M funds to be used to provide supplies, services, transportation, including airlift and sealift, and other logistical support to allied forces participating in a combined operation with U.S. and coalition forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and Syria. Requires DOD to report quarterly to Congress regarding support provided under this section.

(Sec. 9007) Prohibits funds from being used to: (1) establish any military installation or base for providing for the permanent stationing of Armed Forces in Iraq or Afghanistan, or (2) exercise U.S. control over any oil resource of Iraq.

(Sec. 9008) Prohibits funds provided by this division from being used in contravention of specified laws or regulations implementing the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

(Sec. 9009) Prohibits funds provided for the Afghanistan Security Forces Fund from being obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council of DOD.

(Sec. 9010) Permits O&M funds provided in this title to be used to purchase items with an investment unit cost of up to $250,000. Permits the purchase of items with an investment cost of up to $500,000 if DOD determines that it is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas.

(Sec. 9011) Permits specified funds provided by this division for the Defense Security Cooperation Agency and Defense-Wide Operation and Maintenance to be used to provide assistance to the government of Jordan to support the armed forces of Jordan and to enhance security along its borders.

(Sec. 9012) Prohibits funds provided by this division for the Counter-ISIS Train and Equip Fund from being used to procure or transfer man-portable air defense systems.

(Sec. 9013) Provides additional funding for assistance and sustainment of the military and national security forces of Ukraine.

(Sec. 9014) Permits funds provided by this title to be used for the replacement of funds for items provided to the government of Ukraine from the U.S. inventory.

(Sec. 9015) Prohibits funds provided by this division under section 9013 for Assistance and Sustainment to the Military and National Security Forces of Ukraine from being used to procure or transfer man-portable air defense systems.

(Sec. 9016) Prohibits DOD O&M funds from being used for payments to Pakistan as reimbursement for support provided to U.S. military operations unless DOD certifies to Congress that the government of Pakistan has met specific conditions. Permits DOD to waive the restriction for national security.

(Sec. 9017) Provides additional funding to DOD to improve intelligence, surveillance, and reconnaissance capabilities.

(Sec. 9018) Prohibits the use of funds for Syria in contravention of the War Powers Resolution.

(Sec. 9019) Prohibits funds appropriated by this division from being used to transfer additional C-130 cargo aircraft to the Afghan National Security Forces until DOD provides Congress with a review of the Afghanistan Air Force's requirements.

(Sec. 9020) Rescinds specified funds provided by DOD appropriations bills for:

  • Operation and Maintenance, Defense-Wide, Coalition Support Fund;
  • Operation and Maintenance, Defense-Wide, DSCA Security Cooperation;
  • the Afghanistan Security Forces Fund;
  • the Counter-ISIL Train and Equip Fund,
  • Other Procurement, Air Force; and
  • the Counter-ISIL Overseas Contingency Operations Transfer Fund.

(Sec. 9021) Requires the President to submit to Congress a report on the U.S. strategy to defeat Al-Qaeda, the Taliban, the Islamic State of Iraq and Syria (ISIS), and their associated forces and co-belligerents. Requires the Secretary of State and the Secretary of Defense to testify at specified congressional hearings regarding the report.

(Sec. 9022) Provides that, if specified certification and reporting requirements are met, the Afghanistan Security Forces Fund may be used to provide a unit of the security forces of Afghanistan with limited training, equipment, and other assistance that would otherwise be prohibited under provisions of current law that prohibit assistance for foreign security forces that committed a gross violation of human rights.

DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

Energy and Water Development and Related Agencies Appropriations Act, 2018

This division provides FY2018 appropriations for:

  • the civil works projects of the U.S. Army Corps of Engineers;
  • the Department of the Interior's Bureau of Reclamation and Central Utah Project;
  • the Department of Energy (DOE); and
  • several independent agencies, including the Nuclear Regulatory Commission.

TITLE I--CORPS OF ENGINEERS--CIVIL

Provides appropriations to the U.S. Army Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts.

Provides appropriations to the Corps of Engineers for:

  • Investigations;
  • Construction;
  • Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri;
  • Operation and Maintenance;
  • the Regulatory Program pertaining to navigable waters and wetlands;
  • the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination;
  • Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters;
  • Expenses necessary for the supervision and general administration of the civil works program; and
  • the Office of the Assistant Secretary of the Army for Civil Works.

(Sec. 101) Prohibits the reprogramming of funds provided by this title except in specified circumstances.

(Sec. 102) Requires the Corps of Engineers to allocate funds provided by this division solely in accordance with the provisions of this division and the explanatory statement, including the determination and designation of new starts.

(Sec. 103) Prohibits funds provided by this title from being used for a contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated. Includes exception for funds made available through reprogramming.

(Sec. 104) Permits the Corps of Engineers to transfer to the U.S. Fish and Wildlife Service up to $5.4 million in Operation and Maintenance funds to mitigate for fisheries lost due to Corps of Engineers projects.

(Sec. 105) Prohibits funds provided by this division from being used for an open lake placement of dredged material originating from Lake Erie or its tributaries unless it is approved under a state water quality certification. Requires the Corps to continue upland placement of the dredged material until an open lake placement for dredged materials is approved under a state water quality certification.

(Sec. 106) Requires acquisitions funded by this title to comply with regulations that prohibit the Department of Defense from purchasing buoy chain unless it is procured from a U.S. manufacturer.

(Sec. 107) Prohibits funds provided by this division from being used for a water supply reallocation study under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946.

(Sec. 108) Prohibits funds made available by this division from being used to require a permit for the discharge of dredged or fill material under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) for specified agricultural activities.

(Sec. 109) Requires the Corps of Engineers to submit to Congress a report including specified details regarding the Rough River Lake Flowage Easement Encroachment Resolution Plan.

TITLE II--DEPARTMENT OF THE INTERIOR

Provides appropriations to the Department of the Interior for the Central Utah Project.

Provides appropriations to the Bureau of Reclamation for:

  • Water and Related Resources,
  • the Central Valley Project Restoration Fund,
  • California Bay-Delta Restoration, and
  • Policy and Administration.

Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.

(Sec. 201) Specifies the circumstances in which Reclamation may reprogram or transfer funds provided by this title.

(Sec. 202) Prohibits funds provided by this division from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Requires the plan to conform to California water quality standards as approved by the Environmental Protection Agency.

Directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid pursuant to specified alternative repayment plans.

Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of the service or studies.

(Sec. 203) Amends the Reclamation States Emergency Drought Relief Act of 1991 to extend the authority of the Bureau of Reclamation to provide emergency drought assistance upon the request of a state or tribe.

(Sec. 204) Specifies that, from November 1 through April 30, water users may use their diversion structures for the purpose of recharging the Eastern Snake Plain Aquifer when Interior determines there is water available in excess of that needed to satisfy existing Minidoka Project storage and hydropower rights and ensure operational flexibility.

TITLE III--DEPARTMENT OF ENERGY

Provides appropriations to the Department of Energy (DOE) for Energy Programs, including:

  • Energy Efficiency and Renewable Energy,
  • Electricity Delivery and Energy Reliability,
  • Nuclear Energy,
  • Fossil Energy Research and Development,
  • Naval Petroleum and Oil Shale Reserves,
  • the Strategic Petroleum Reserve (SPR),
  • the SPR Petroleum Account,
  • the Northeast Home Heating Oil Reserve,
  • the Energy Information Administration,
  • Non-Defense Environmental Cleanup,
  • the Uranium Enrichment Decontamination and Decommissioning Fund,
  • Science,
  • Advanced Research Projects Agency--Energy,
  • the Title 17 Innovative Technology Loan Guarantee Loan Program,
  • the Advanced Technology Vehicles Manufacturing Loan Program,
  • the Tribal Energy Loan Guarantee Program,
  • Departmental Administration, and
  • the Office of the Inspector General.

Provides appropriations for the Atomic Energy Defense Activities of the National Nuclear Security Administration (NNSA), including:

  • Weapons Activities,
  • Defense Nuclear Nonproliferation,
  • Naval Reactors, and
  • Federal Salaries and Expenses.

Provides appropriations for Environmental and Other Defense Activities, including Defense Environmental Cleanup and Other Defense Activities.

Provides appropriations for the Power Marketing Administrations, including:

  • the Bonneville Power Administration Fund;
  • Southeastern Power Administration Operation and Maintenance;
  • Southwestern Power Administration Operation and Maintenance;
  • Western Area Power Administration Operation and Maintenance, Construction, and Rehabilitation; and
  • the Falcon and Amistad Operating and Maintenance Fund.

Provides appropriations for the Federal Energy Regulatory Commission.

(Sec. 301) Prohibits funds provided by this title from be used for programs, projects, or activities that have not been funded by Congress.

Prohibits specified grants, contracts, allocations, and agreements unless Congress is notified in advance.

Prohibits funds from being used for certain multiyear Department of Energy--Energy Programs activities unless specified conditions are met and Congress is notified.

Establishes requirements and restrictions for the reprogramming of funds provided in this title.

Permits unexpended balances of prior appropriations provided for activities in this division to be transferred and merged with appropriations accounts established in this division.

(Sec. 302) Deems funds appropriated by this division for intelligence activities to be specifically authorized by Congress during FY2018 until the enactment of the Intelligence Authorization Act for FY2018.

(Sec. 303) Prohibits funds provided by this title from being used to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Enterprise Assessments to ensure compliance with nuclear safety requirements.

(Sec. 304) Prohibits funds provided by this title from being used to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed.

(Sec. 305) Prohibits Defense Nuclear Nonproliferation funds from being used for new contracts with or new agreements for federal assistance to the Russian Federation. Permits DOE to waive the prohibition if the activity is in the national security interests of the United States and a report justifying the waiver is submitted to Congress.

(Sec. 306) Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress in an appropriations Act.

(Sec. 307) Specifies congressional notification requirements and limitations regarding transfers of funds from DOE's Working Capital Fund.

(Sec. 308) Requires DOE to report to Congress on how the Western Area Power Administration, the Southwestern Area Power Administration, and the Southeastern Power Administration are executing current receipt authority provided in this and prior year appropriations Acts to create carryover of unobligated balances for purchase power and wheeling expenditures.

(Sec. 309) Specifies requirements for using funds provided for the Mixed Oxide Fuel Fabrication Facility.

(Sec. 310) Requires the unappropriated receipts currently in the Uranium Supply and Enrichment Activities account to be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund and makes the availability of the receipts subject to the appropriations process.

(Sec. 311) Authorizes DOE to draw down and sell refined petroleum product from the Strategic Petroleum Reserve (SPR) upon a determination by the President in this fiscal year that:

  • a regional supply shortage of refined petroleum product of significant scope and duration exists,
  • a severe increase in the price of refined petroleum product will likely result from the shortage, and
  • a draw down and sale of refined petroleum product would assist directly and significantly in reducing the adverse impact of the shortage.

Specifies that the proceeds from the sale must be deposited into the SPR Petroleum Account and remain available for obligation without fiscal year limitation, consistent with the Energy Policy and Conservation Act.

TITLE IV--INDEPENDENT AGENCIES

Provides appropriations for independent agencies, including:

  • the Appalachian Regional Commission,
  • the Defense Nuclear Facilities Safety Board,
  • the Delta Regional Authority,
  • the Denali Commission,
  • the Northern Border Regional Commission,
  • the Southeast Crescent Regional Commission,
  • the Nuclear Regulatory Commission (NRC), and
  • the Nuclear Waste Technical Review Board.

(Sec. 401) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information.

(Sec. 402) Specifies the circumstances in which funds provided by this title may be reprogrammed.

TITLE V--GENERAL PROVISIONS

(Sec. 501) Prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriation matters pending before Congress.

(Sec. 502) Specifies restrictions and requirements for transfers of funds into and out of accounts funded by this division.

(Sec. 503) Prohibits funds provided by this division from being used to contravene Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations).

(Sec. 504) Prohibits funds provided by this division from being used for a computer network that does not block pornography, except for law enforcement purposes.

DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2018

Financial Services and General Government Appropriations Act, 2018

This division provides FY2018 appropriations to agencies responsible for:

  • regulating the financial, telecommunications, and consumer products industries;
  • collecting taxes and assisting taxpayers;
  • managing federal buildings and the federal workforce; and
  • operating the Executive Office of the President, the judiciary, and the District of Columbia.

TITLE I--DEPARTMENT OF THE TREASURY

Department of the Treasury Appropriations Act, 2018

Provides appropriations to the Department of the Treasury for Departmental Offices, including:

  • Salaries and Expenses,
  • the Office of Terrorism and Financial Intelligence,
  • the Cybersecurity Enhancement Account,
  • Department-Wide Systems and Capital Investments Programs,
  • the Office of Inspector General,
  • the Treasury Inspector General for Tax Administration, and
  • the Special Inspector General for the Troubled Asset Relief Program.

Provides appropriations to Treasury for:

  • the Financial Crimes Enforcement Network,
  • the Bureau of the Fiscal Service,
  • the Alcohol and Tobacco Tax and Trade Bureau,
  • the U.S. Mint, and
  • the Community Development Financial Institutions Fund Program Account.

Rescinds specified unobligated balances from the Treasury Forfeiture Fund.

Provides appropriations to the Internal Revenue Service (IRS) for:

  • Taxpayer Services,
  • Enforcement,
  • Operations Support, and
  • Business Systems Modernization.

(Sec. 101) Permits up to 5% of any IRS appropriation provided by this division to be transferred to any other IRS appropriation upon the advance approval of Congress.

(Sec. 102) Requires the IRS to maintain an employee training program that includes taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law.

(Sec. 103) Requires the IRS to institute and enforce policies and procedures to safeguard the confidentiality of taxpayers' information and protect taxpayers against identity theft.

(Sec. 104) Requires the IRS to: (1) use funds for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers; and (2) continue to make improvements to the help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes.

(Sec. 105) Prohibits the IRS from using funds provided by this division to make a video unless it is approved in advance by the Service-Wide Video Editorial Board.

(Sec. 106) Requires the IRS to: (1) issue a notice of confirmation of any address changes relating to an employer making employment tax payments, and (2) give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer.

(Sec. 107) Prohibits the IRS from using funds provided by this division to target U.S. citizens for exercising any rights guaranteed under the First Amendment to the U.S. Constitution.

(Sec. 108) Prohibits the IRS from using funds provided by this division to target groups for regulatory scrutiny based on their ideological beliefs.

(Sec. 109) Requires the IRS to comply with certain procedures and policies for conference spending that were recommended by the Treasury Inspector General for Tax Administration.

(Sec. 110) Prohibits the IRS from using funds provided by this division for providing employee bonuses or hiring former employees without considering conduct and federal tax compliance.

(Sec. 111) Prohibits the IRS from using funds provided by this division to violate the confidentiality of tax returns and return information.

(Sec. 112) Prohibits the IRS from using funds, except to the extent permitted under specified sections of the Internal Revenue Code (IRC), to provide to any person a proposed final return or statement for use in satisfying a filing or reporting requirement under the IRC.

(Sec. 113) Provides additional appropriations to the IRS to be used solely for the purpose of carrying out P.L. 115-97 (commonly known as the Tax Cuts and Jobs Act).

(Sec. 114) Permits Treasury to use funds provided by this division for:

  • uniforms;
  • insurance for official motor vehicles operated in foreign countries;
  • contracts with the Department of State for health and medical services to employees and their dependents serving in foreign countries; and
  • employment of temporary or intermittent experts and consultants.

(Sec. 115) Permits certain transfers between Treasury accounts, subject to congressional approval and specified requirements.

(Sec. 116) Permits the IRS to transfer certain funds to the Treasury Inspector General for Tax Administration, subject to congressional approval and specified requirements.

(Sec. 117) Bars Treasury or the Bureau of Engraving and Printing from using funds to redesign the $1 Federal Reserve note.

(Sec. 118) Permits Treasury to transfer funds from Bureau of Fiscal Services--Salaries and Expenses to the Debt Collection Fund to cover the costs of debt collection. Requires the transferred amounts to be reimbursed from debt collections received in the fund.

(Sec. 119) Prohibits the U.S. Mint from using funds to construct or operate any museum without congressional approval.

(Sec. 120) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without congressional approval.

(Sec. 121) Deems funds provided for Treasury's intelligence-related activities as authorized for FY2018 until the enactment of the Intelligence Authorization Act for FY2018.

(Sec. 122) Permits up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for official reception and representation expenses.

(Sec. 123) Requires Treasury to submit a capital investment plan to Congress.

(Sec. 124) Requires Treasury to report to Congress on the Franchise Fund.

(Sec. 125) Prohibits Treasury from using funds for certain regulations, revenue rulings, or other guidance related to the standard used to determine the tax-exempt status of a 501(c)(4) organization.

(Sec. 126) Requires the Office of Financial Stability and the Office of Financial Research to report quarterly to Congress on their activities.

(Sec. 127) Requires the Special Inspector General for the Troubled Asset Relief Program to prioritize the performance of audits or investigations of programs funded under the Emergency Economic Stabilization Act of 2008.

TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

Executive Office of the President Appropriations Act, 2018

Provides FY2018 appropriations to the Executive Office of the President and designated accounts, including:

  • the White House,
  • the Executive Residence at the White House,
  • White House Repair and Restoration,
  • the Council of Economic Advisers,
  • the National Security Council and the Homeland Security Council,
  • the Office of Administration,
  • the Office of Management and Budget (OMB),
  • the Office of National Drug Control Policy,
  • Unanticipated Needs,
  • Information Technology Oversight and Reform,
  • Special Assistance to the President, and
  • the Official Residence of the Vice President.

(Sec. 201) Permits certain transfers of funds between accounts within the Executive Office of the President, subject to congressional approval and specified requirements.

(Sec. 202) Requires the OMB to report to Congress on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).

(Sec. 203) Requires the OMB to include a statement of budgetary impact with certain executive orders or Presidential memoranda issued or revoked by the President during FY2018.

TITLE III--THE JUDICIARY

Judiciary Appropriations Act, 2018

Provides FY2018 appropriations to the judiciary for:

  • the Supreme Court of the United States;
  • the U.S. Court of Appeals for the Federal Circuit;
  • the U.S. Court of International Trade;
  • Courts of Appeals, District Courts, and Other Judicial Services;
  • the Administrative Office of the U.S. Courts;
  • the Federal Judicial Center; and
  • the U.S. Sentencing Commission.

(Sec. 301) Permits funds provided by this title for salaries and expenses to be used for the employment of temporary or intermittent experts and consultants.

(Sec. 302) Permits certain transfers of funds between judiciary accounts, if Congress is notified and other specified requirements are met.

(Sec. 303) Permits up to $11,000 of appropriations provided for salaries and expenses for Courts of Appeals, District Courts, and Other Judicial Services to be used for official reception and representation expenses of the Judicial Conference of the United States.

(Sec. 304) Permits the delegation of authority to the judiciary for contracts for repairs that are under $100,000.

(Sec. 305) Continues a pilot program for the U.S. Marshals Service to provide perimeter security services at selected courthouses.

(Sec. 306) Amends the Judicial Improvements Act of 1990; the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006; and the 21st Century Department of Justice Appropriations Authorization Act to extend several temporary judgeships.

(Sec. 307) Increases from $40 to $50 the daily attendance fee for jurors.

TITLE IV--DISTRICT OF COLUMBIA

District of Columbia Appropriations Act, 2018

Provides FY2018 appropriations to the District of Columbia, including federal payments for:

  • Resident Tuition Support,
  • Emergency Planning and Security Costs in the District of Columbia,
  • District of Columbia Courts,
  • Defender Services in District of Columbia Courts,
  • the Court Services and Offender Supervision Agency for the District of Columbia,
  • the District of Columbia Public Defender Service,
  • the District of Columbia Water and Sewer Authority,
  • the Criminal Justice Coordinating Council,
  • Judicial Commissions,
  • School Improvement,
  • the District of Columbia National Guard, and
  • Testing and Treatment of HIV/AIDS.

Provides local funds for the operation of the District of Columbia out of the General Fund of the District of Columbia.

TITLE V--INDEPENDENT AGENCIES

Provides appropriations for independent agencies, including:

  • the Administrative Conference of the United States,
  • the Consumer Product Safety Commission (CPSC),
  • the Election Assistance Commission,
  • the Federal Communications Commission (FCC),
  • the Federal Deposit Insurance Corporation,
  • the Federal Election Commission,
  • the Federal Labor Relations Authority,
  • the Federal Trade Commission (FTC),
  • the General Services Administration (GSA),
  • the Harry S. Truman Scholarship Foundation,
  • the Merit Systems Protection Board,
  • the Morris K. Udall and Stewart L. Udall Foundation,
  • the National Archives and Records Administration,
  • the National Credit Union Administration,
  • the Office of Government Ethics,
  • the Office of Personnel Management (OPM),
  • the Office of Special Counsel,
  • the Postal Regulatory Commission,
  • the Privacy and Civil Liberties Oversight Board,
  • the Public Buildings Reform Board,
  • the Securities and Exchange Commission (SEC),
  • the Selective Service System,
  • the Small Business Administration (SBA),
  • the U.S. Postal Service, and
  • the U.S. Tax Court.

Requires the U.S. Postal Service to continue six day delivery and rural delivery of the mail at not less than the 1983 level.

(Sec. 501) Prohibits the CPSC from using funds provided by this division to finalize, implement, or enforce the proposed Safety Standard for Recreational Off-Highway Vehicles until the National Academy of Sciences completes a specified study and the results are submitted to Congress.

(Sec. 510) Prohibits the FCC from using funds provided by this division to change the rules for universal service payments to implement recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions.

(Sec. 511) Amends the Middle Class Tax Relief and Job Creation Act of 2012 to authorize and provide appropriations for the TV Broadcaster Relocation Fund.

(Sec. 520) Permits the GSA to use funds to hire passenger motor vehicles.

(Sec. 521) Permits funds in the Federal Buildings Fund made available for FY2018 to be transferred between activities if necessary to meet program requirements, subject to congressional approval.

(Sec. 522) Requires the FY2019 budget request for U.S. Courthouse construction to: (1) meet specified design guide standards for construction; (2) reflect the priorities of the Judicial Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) include a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded.

(Sec. 523) Prohibits funds provided by this division from being used to increase square footage, provide cleaning services or security enhancements, or provide any other service usually provided through the Federal Buildings Fund to any agency that does not pay the assessed rent.

(Sec. 524) Permits the GSA to use specified funds to pay claims against the federal government that are under $250,000 and arise from direct construction projects and building acquisitions if Congress is notified in advance.

(Sec. 525) Requires the GSA, if specified congressional committees adopt a resolution granting lease authority pursuant to a prospectus, to ensure that the delineated area of procurement matches the prospectus.

(Sec. 526) Requires the GSA to submit a spending plan and explanation to Congress for each project funded with the Major Repairs and Alterations or Judiciary Capital Security Program accounts and E-Government projects funded with the Federal Citizens Services Fund.

(Sec. 527) Amends the Federal Assets Sale and Transfer Act of 2016 to modify the Public Buildings Reform Board--Asset Proceeds and Space Management Fund by separating the fund from the Federal Buildings Fund.

(Sec. 530) Permits the SBA to transfer specified funds between appropriations accounts.

(Sec. 531) Rescinds specified unobligated balances from the Immediate Disaster Assistance Program and Expedited Disaster Assistance Loan Program.

(Sec. 532) Amends the Small Business Act to increase from 25% to 50% the portion of certain grants provided to intermediaries under the SBA's Microloan Program that may be used to: (1) provide information and technical assistance to small business concerns that are prospective borrowers under the program, or (2) enter into third party contracts for the provision of technical assistance.

TITLE VI--GENERAL PROVISIONS--THIS ACT

(Sec. 601) Prohibits funds provided by this division from being used to pay expenses or otherwise compensate non-federal parties intervening in regulatory or adjudicatory proceedings funded in this division.

(Sec. 602) Prohibits funds provided by this division from being obligated beyond the current fiscal year or transferred to other appropriations unless authority is expressly provided by this division.

(Sec. 603) Limits expenditures for consulting services to contracts where expenditures are a matter of public record, except where otherwise permitted under existing law or an executive order.

(Sec. 604) Prohibits funds provided by this division from being transferred to any department, agency, or instrumentality of the U.S. government, except pursuant to transfer authority provided by an appropriations Act.

(Sec. 605) Requires enforcement of a Tariff Act of 1930 provision barring the importation of goods manufactured using convict labor.

(Sec. 606) Requires entities receiving funds provided by this division to comply with the Buy American Act.

(Sec. 607) Prohibits the use of funds provided by this division by any person or entity convicted of violating the Buy American Act.

(Sec. 608) Provides authority, restrictions, and requirements for reprogramming. Requires agencies funded in this division to submit to Congress a report establishing a baseline for the application of reprogramming and transfer authorities.

(Sec. 609) Permits up to 50% of unobligated balances remaining at the end of FY2018 for salaries and expenses to remain available through FY2019, subject to reprogramming guidelines and congressional approval.

(Sec. 610) Prohibits the Executive Office of the President from using funds provided by this division to request either a Federal Bureau of Investigation background investigation or an IRS determination of tax-exempt status under section 501(a) of the Internal Revenue Code, except with the consent of the individual involved in an investigation or in extraordinary circumstances involving national security.

(Sec. 611) Makes certain cost accounting standards inapplicable to contracts under the Federal Employees Health Benefits Program.

(Sec. 612) Permits the OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an appropriations Act) funds provided to resolve litigation and implement any settlement agreements regarding the nonforeign area cost-of-living allowance program.

(Sec. 613) Prohibits funds provided by this division from being used to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal Employees Health Benefits Program that provides any benefits or coverage for abortions.

(Sec. 614) Provides exceptions to the prohibition in section 613 if the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.

(Sec. 615) Waives Buy American Act restrictions for commercial information technology acquired by the federal government.

(Sec. 616) Prohibits an officer or employee of any regulatory agency or commission funded by this division from accepting payments or reimbursements for travel, subsistence, or related expenses from a person or entity regulated by the agency or commission, subject to an exception for nonprofit tax-exempt organizations.

(Sec. 617) Permits the Commodity Futures Trading Commission and the Securities and Exchange Commission to use funds for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.

(Sec. 618) Requires agencies covered by this division to consult with the GSA before seeking new office space or making alterations to existing office space. Permits any agency with authority to enter into an emergency lease to do so during any period declared by the President to require emergency leasing authority.

(Sec. 619) Provides funds required under current law for:

  • compensation of the President;
  • payments to the Judicial Officers' Retirement Fund, the Judicial Survivors' Annuities Fund, and the U.S. Court of Federal Claims Judges' Retirement Fund;
  • payment of government contributions for health and life insurance benefits of federal retired employees;
  • payments to finance the unfunded liability of annuity benefits under the Civil Service Retirement and Disability Fund; and
  • payments of annuities authorized to be paid from the Civil Service Retirement and Disability Fund.

(Sec. 620) Permits the Public Company Accounting Oversight Board to obligate specified funds to remain available until expended for the scholarship program established by the Sarbanes-Oxley Act of 2002.

(Sec. 621) Prohibits the FTC from using funds provided by this division to complete the draft report titled "Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts" unless the working group complies with Executive Order 13563 (Improving Regulation and Regulatory Review).

(Sec. 622) Bars the use of funds provided by this division for the following positions:

  • Director, White House Office of Health Reform;
  • Assistant to the President for Energy and Climate Change;
  • Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy; and
  • White House Director of Urban Affairs.

(Sec. 623) Prohibits the OPM from using funds provided by this division to permit contractor security clearance-related background investigators to conduct final quality reviews of their own work.

(Sec. 624) Requires agencies funded by this division to ensure that the Chief Information Office of the agency has the authority to participate in budgeting decisions related to information technology. Requires funding for information technology to be allocated consistent with guidance provided by appropriations Acts, OMB, and the agency's Chief Information Officer.

(Sec. 625) Prohibits funds provided by this division from being used in contravention of the Federal Records Act.

(Sec. 626) Prohibits funds provided by this division from being used to require providers of electronic communication or remote computing services to the public to disclose electronic communications information in a manner that violates the Fourth Amendment of the U.S. Constitution.

(Sec. 627) Prohibits the FCC from making modifications to Universal Service Fund rules related to Mobility Fund Phase II.

(Sec. 628) Requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.

(Sec. 629) Prohibits the use of funds provided by this division to maintain or establish a computer network unless the network blocks pornography. Includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, adjudication activities, or other law enforcement- or victim assistance-related activity.

(Sec. 630) Amends the Financial Services and General Government Appropriations Act, 2017 to specify the terms of service for the comprehensive identity protection coverage that OPM is required to offer to victims of the OPM security breaches.

(Sec. 631) Prohibits the SEC from using funds provided by this division for any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax-exempt organizations, or dues paid to trade associations.

(Sec. 632) Designates a U.S. courthouse located in Jackson, Mississippi, as the "Thad Cochran United States Courthouse."

TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE

(Sec. 701) Requires U.S. departments, agencies, or instrumentalities to administer a written policy designed to ensure that workplaces are free from the illegal use, possession, or distribution of controlled substances by officers and employees.

(Sec. 702) Establishes price limitations on vehicles purchased by the federal government and specifies exceptions.

(Sec. 703) Permits appropriations for the current fiscal year to be used for quarters and cost-of-living allowances.

(Sec. 704) Prohibits the employment of noncitizens whose posts of duty would be in the continental United States, subject to specified exceptions.

(Sec. 705) Permits appropriations provided to any department or agency for necessary expenses such as maintenance and operating expenses to be used for payments to the GSA for space and services.

(Sec. 706) Permits agencies to use receipts from the sale of materials through recycling or waste prevention programs for: (1) acquisition, waste reduction and prevention, and recycling programs; (2) other federal agency environmental management programs; and (3) other employee programs as authorized by law or as deemed appropriate by the agency.

(Sec. 707) Permits funds provided to certain government corporations and agencies for administrative expenses to be used to pay rent and other service costs in the District of Columbia.

(Sec. 708) Prohibits interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups absent prior statutory approval.

(Sec. 709) Prohibits funds from being used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution.

(Sec. 710) Prohibits spending more than $5,000 to redecorate or furnish the office of the head of a department or agency during the period in which the official holds office unless Congress is notified in advance.

(Sec. 711) Permits interagency funding of national security and emergency preparedness telecommunications initiatives that benefit multiple federal departments, agencies, or entities.

(Sec. 712) Requires agencies to certify that certain appointments were not created solely or primarily to detail an individual to the White House. Includes an exception for federal employees or members of the Armed Forces detailed to or from an element of the intelligence community.

(Sec. 713) Prohibits the use of funds to prevent federal employees from communicating with Congress or to take disciplinary or personnel actions against employees for communicating with Congress.

(Sec. 714) Prohibits funds from being used for training that is not directly related to the performance of official duties.

(Sec. 715) Prohibits an agency of the executive branch from using funds for publicity or propaganda purposes and for the preparation or distribution of materials designed to support or defeat legislation pending before Congress.

(Sec. 716) Prohibits an agency from providing a federal employee's home address to any labor organization absent employee authorization or a court order.

(Sec. 717) Prohibits funds from being used to provide any non-public information such as mailing, telephone, or electronic mailing lists to any person or organization outside the federal government without approval of Congress.

(Sec. 718) Prohibits funds from being used for propaganda and publicity purposes within the United States not authorized by Congress.

(Sec. 719) Directs agency employees to use official time in an honest effort to perform official duties. Specifies that employees not under a leave system are obligated to expend an honest effort and a reasonable proportion of their time to perform official duties.

(Sec. 720) Permits agencies that are members of the Federal Accounting Standards Advisory Board (FASB) to use funds provided for the current fiscal year to finance an appropriate share of FASB administrative costs.

(Sec. 721) Permits agencies to transfer funds to the GSA to support specified government-wide and multiagency activities that meet certain requirements and are approved by the OMB.

(Sec. 722) Permits breastfeeding at any location in a federal building or on federal property if the woman and child are authorized to be there.

(Sec. 723) Permits interagency funding of the National Science and Technology Council and requires the OMB to provide a report describing the budget and resources connected with the council.

(Sec. 724) Requires documents involving the distribution of federal funds to indicate the agency providing the funds and the amount provided.

(Sec. 725) Prohibits the use of funds to monitor personal information relating to the use of federal Internet sites, subject to specified exceptions.

(Sec. 726) Prohibits the use of funds provided by this division for health plans with prescription drug coverage unless contraceptive coverage is included. Includes exemptions for certain religious plans. Prohibits plans from discriminating against individuals who refuse to provide contraceptives due to religious beliefs or moral convictions.

(Sec. 727) Specifies that the United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes and supports the strict adherence to anti-doping in sports through testing, adjudication, education, and research.

(Sec. 728) Permits federal agencies and departments to use funds appropriated for official travel to participate in the fractional aircraft ownership pilot program, if consistent with OMB Circular A-126 regarding official travel for government personnel.

(Sec. 729) Prohibits funds from being used to implement OPM regulations limiting executive branch detailees to the legislative branch or to implement limitations on the Coast Guard Congressional Fellowship Program.

(Sec. 730) Prohibits agencies from using funds for additional law enforcement training facilities that are not within or contiguous to existing locations without the approval of Congress. Permits the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.

(Sec. 731) Prohibits agencies from using funds to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a notification that it was prepared or funded by the agency.

(Sec. 732) Prohibits the use of funds in contravention of the Privacy Act or associated regulations.

(Sec. 733) Prohibits the use of funds for contracts with any foreign incorporated entity which is an inverted domestic corporation. Requires a waiver if necessary for national security. Exempts contracts entered into prior to enactment of this division.

(Sec. 734) Requires agencies to pay a fee to the OPM for processing retirements of employees who separate under Voluntary Early Retirement Authority or receive Voluntary Separation Incentive Payments.

(Sec. 735) Bars the use of funds to recommend or require any entity submitting an offer for a federal contract to disclose specified political contributions as a condition of submitting the offer.

(Sec. 736) Bars the use of funds for the painting of portraits of a federal officer or employee, including the President, the Vice President, a Member of Congress, or the head of an executive branch agency or legislative branch office.

(Sec. 737) Limits pay increases for certain categories of prevailing rate employees.

(Sec. 738) Eliminates automatic pay increases for the Vice President and certain categories of political appointees.

(Sec. 739) Requires agencies to submit annual reports to Inspectors General or senior ethics officials regarding the costs and contracting procedures for conferences that cost more than $100,000.

(Sec. 740) Prohibits the use of funds to increase, eliminate, or reduce funding for a program, project, or activity, unless the changes have been enacted into law or made using transfer or reprogramming authority provided in an appropriations Act.

(Sec. 741) Prohibits funds from being used for an OPM rule revising the definition of competitive area used in reductions-in-force for federal employees.

(Sec. 742) Prohibits funds from being used to begin or announce a study or public-private competition regarding the conversion of functions performed by federal employees to contractor performance.

(Sec. 743) Prohibits funds from being used to require contractors or employees to sign confidentiality agreements or statements restricting or prohibiting the reporting of waste, fraud, or abuse to investigative or law enforcement representatives.

(Sec. 744) Prohibits the use of funds to implement or enforce a nondisclosure agreement unless it meets specified criteria.

(Sec. 745) Prohibits the use of funds for specified transactions with any corporation with certain unpaid federal tax liabilities, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.

(Sec. 746) Prohibits the use of funds for specified transactions with any corporation that was convicted of a felony within the preceding 24 months, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.

(Sec. 747) Requires the Consumer Financial Protection Bureau to notify Congress of any request for a transfer of funds from the Federal Reserve Board.

(Sec. 748) Permits the Office of Management and Budget to make specified adjustments to discretionary spending limits to account for estimating differences with the Congressional Budget Office.

(Sec. 749) Specifies that a reference to "this Act" does not apply to titles IV (District of Columbia) or VIII (General Provisions--District of Columbia) unless it is included in those titles or expressly provided for in this division.

TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA

Sets forth permitted and prohibited uses of funds appropriated by this division for the District of Columbia.

(Sec. 801) Appropriates District of Columbia funds for making refunds and paying settlements or judgments against the District of Columbia government.

(Sec. 802) Prohibits the use of federal funds provided by this division for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.

(Sec. 803) Establishes reprogramming procedures for federal and local funds.

(Sec. 804) Prohibits the use of federal funds for the salaries and expenses of shadow U.S. Representatives or Senators.

(Sec. 805) Requires official vehicles provided to any officer or employee of the District of Columbia to be used only for official duties.

(Sec. 806) Prohibits the use of federal funds for a petition drive or civil action seeking voting representation in Congress for the District of Columbia.

(Sec. 807) Bars the use of federal funds provided by this division to distribute needles or syringes for preventing the spread of blood borne pathogens in any location that local public health or law enforcement authorities have determined to be inappropriate for distribution.

(Sec. 808) Specifies that nothing in this division prevents the Council or the Mayor from addressing contraceptive coverage by health insurance plans. Expresses the intent of Congress that legislation enacted on the issue should include a conscience clause providing exceptions for religious beliefs and moral convictions.

(Sec. 809) Prohibits the use of federal funds provided by this division to legalize or otherwise reduce penalties for the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana).

Prohibits the use of funds available for any officer or employee of the District of Columbia from being used to legalize or reduce penalties for possession, use, or distribution of any schedule I substance under the Controlled Substance Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana) for recreational purposes.

(Sec. 810) Prohibits funds available to any officer or employee of the District of Columbia government from being used for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of rape or incest.

(Sec. 811) Requires the Chief Financial Officer (CFO) of the District of Columbia to submit to Congress, the Mayor, and the Council a revised operating budget for agencies requiring a reallocation to address unanticipated changes in program requirements.

(Sec. 812) Requires the CFO of the District of Columbia to submit to Congress, the Mayor, and the Council a revised operating budget for the District of Columbia Public Schools that aligns the school budget to actual enrollment.

(Sec. 813) Permits the District of Columbia to reprogram or transfer funds between operating funds and capital and enterprise funds. Prohibits the transfer of any funds derived from bonds, notes, or other obligations issued for capital projects.

(Sec. 814) Prohibits federal funds from being obligated beyond the current fiscal year or transferred unless expressly permitted in this division.

(Sec. 815) Permits up to 50% of unobligated balances available at the end of FY2018 from federal appropriations for salaries and expenses to remain available through FY2019, subject to congressional approval and reprogramming guidelines.

(Sec. 816) Appropriates local funds to the District of Columbia for FY2019 if no continuing resolution or regular appropriation for the District of Columbia is in effect. Provides the funds under the same authorities, conditions, and manner as provided for FY2018.

(Sec. 817) Provides that references to "this Act" in this title or title IV (District of Columbia) refer only to those titles, unless this Act expressly provides otherwise.

DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2018

Department of Homeland Security Appropriations Act, 2018

This division provides FY2018 appropriations for the Department of Homeland Security (DHS), including:

  • U.S. Customs and Border Protection,
  • the U.S. Coast Guard,
  • U.S. Immigration and Customs Enforcement,
  • the Transportation Security Administration,
  • the Federal Emergency Management Agency,
  • the Secret Service, and
  • other DHS programs.

TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

Provides appropriations for:

  • the Office of the Secretary and Executive Management;
  • the Management Directorate,
  • Intelligence, Analysis, and Operations Coordination; and
  • the Office of Inspector General.

(Sec. 101) Requires DHS to submit the Future Years Homeland Security Program with the President's budget.

(Sec. 102) Requires the DHS Chief Financial Officer to submit monthly budget execution and staffing reports to Congress.

(Sec. 103) Requires the Secretary of Homeland Security to submit a report to the DHS Office of Inspector General (OIG) listing all grants and contracts awarded during FY2017 and FY2018 without a full and open competition. Requires the OIG to review the report for compliance with laws and regulations and submit the results to Congress.

(Sec. 104) Requires DHS to link all contracts that provide award fees to successful acquisition outcomes specified in terms of cost, schedule, and performance.

(Sec. 105) Requires DHS to notify Congress of proposed transfers from the Department of the Treasury Forfeiture Fund to any DHS agency, and prohibits obligation of the funds until Congress approves the transfer.

(Sec. 106) Requires all official costs associated with the use of government aircraft by DHS to support official travel of the Secretary and the Deputy Secretary to be paid from amounts made available for the Office of the Secretary. Specifies reporting requirements for the travel costs of the Secretary and Deputy Secretary.

(Sec. 107) Requires DHS to: (1) submit to Congress a report on visa overstay data by country; and (2) publish on the DHS website the metrics developed to measure the effectiveness of security between the ports of entry, including the methodology and data supporting the measures.

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

Provides appropriations to U.S. Customs and Border Protection (CBP) for: (1) Operations and Support; (2) and Procurement, Construction, and Improvements.

Provides appropriations to U.S Immigration and Customs Enforcement (ICE) for: (1) Operations and Support; (2) and Procurement, Construction, and Improvements.

Provides appropriations to the Transportation Security Administration (TSA) for:

  • Operations and Support;
  • Procurement, Construction, and Improvements; and
  • Research and Development.

Provides appropriations to the U.S. Coast Guard for:

  • Operating Expenses;
  • Environmental Compliance and Restoration;
  • Reserve Training;
  • Acquisition, Construction, and Improvements;
  • Research, Development, Test, and Evaluation; and
  • Retired Pay.

Provides appropriations to the Secret Service for:

  • Operations and Support;
  • Procurement, Construction, and Improvements; and
  • Research and Development.

(Sec. 201) Limits overtime compensation for employees of CBP, ICE, and the Secret Service except in individual cases that DHS determines to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies.

(Sec. 202) Permits specified CBP funds to be used for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico.

(Sec. 203) Prohibits the transfer of aircraft and related equipment from CBP to any other federal agency, department, or office outside of DHS unless Congress is notified in advance. Includes exceptions for: (1) aircraft that are one of a kind and have been identified as excess to CBP requirements, and (2) aircraft that have been damaged beyond repair.

(Sec. 204) Provides that specified fees collected from passengers arriving from Canada, Mexico, or an adjacent island, pursuant to the United States-Colombia Trade Promotion Agreement Implementation Act and the Consolidated Omnibus Budget Reconciliation Act of 1985, shall be available until expended.

(Sec. 205) Permits the CBP to access certain reimbursements for preclearance activities.

(Sec. 206) Prohibits the CBP from using funds provided by this division to prevent individuals from importing personal use quantities of certain prescription drugs from Canada.

(Sec. 207) Prohibits funds from being used to waive navigation and vessel inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until DHS takes adequate measures to ensure the use of U.S. flag vessels.

(Sec. 208) Prohibits DHS from collecting new border crossing fees or conducting a study related to the imposition of a border crossing fee.

(Sec. 209) Permits DHS to reprogram and transfer funds within and into the ICE Operations and Support account as necessary to ensure the detention of aliens prioritized for removal.

(Sec. 210) Prohibits funds provided for the ICE Operations and Support account from being used to continue a delegation of law enforcement authority authorized under specified provisions of the Immigration and Nationality Act if the DHS Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated.

(Sec. 211) Prohibits ICE Operations and Support funds from being used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the facility are less than "adequate" or the equivalent median score in any subsequent performance evaluation system.

(Sec. 212) Requires DHS to report to Congress regarding erroneous financial obligations of ICE.

(Sec. 213) Waives subsistence payment limitations for ICE employees and their dependents eligible for Payments During Evacuation from August 23, 2017, through December 1, 2017, as a result of Hurricanes Harvey, Irma, and Maria. Permits DHS to provide reimbursements for associated lodging, meals, an incidental expenses at an increased rate.

(Sec. 214) Prohibits the TSA from exempting Members of Congress and specified federal officials from federal passenger and baggage screening.

(Sec. 215) Requires any award by the TSA to deploy explosives detection systems to be based on risk, the airport's current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness, and increased cost effectiveness.

(Sec. 216) Permits the TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements to fund certain airport security improvement projects authorized under current law.

(Sec. 217) Prohibits the TSA from using funds to require airport operators to provide airport-financed staffing to monitor exit points from the sterile area of any airport at which the TSA provided monitoring as of December 1, 2013.

(Sec. 218) Prohibits funds provided by this division for Coast Guard Operating Expenses from being used for recreational vessel expenses, except to the extent fees are collected from owners of yachts and credited to the account.

(Sec. 219) Permits specified funds to be reprogrammed to or from the Military Pay and Allowances funding category within the Coast Guard Operating Expenses account.

(Sec. 220) Requires the Coast Guard to submit to Congress a future-years capital investment plan.

(Sec. 221) Prohibits funds provided by this division from being used to reduce the U.S. Coast Guard's Operating Systems Center mission or the Coast Guard's government-employed or contract staff levels.

(Sec. 222) Prohibits funds provided by this division from being used to conduct or implement the results of a competition with respect to the Coast Guard National Vessel Documentation Center, pursuant to Office of Management and Budget Circular A-76.

(Sec. 223) Permits funds provided by this division to be used to alter operations within the Coast Guard's Civil Engineering Program, except that no funds may be used to reduce operations within any civil engineering unit unless specifically authorized by a statute enacted after this division is enacted.

(Sec. 224) Permits funds provided to the Coast Guard Operating Expenses account for Overseas Contingency Operations/ Global War on Terrorism to be allocated by program, project, and activity, notwithstanding the reprogramming and transfer requirements included in section 503 of this division.

(Sec. 225) Makes certain members of the Coast Guard eligible for continuation pay.

(Sec. 226) Permits the Secret Service to obligate funds in anticipation of reimbursement from federal agencies and entities for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year may not exceed budgetary resources available for the Operations and Support account.

(Sec. 227) Prohibits the Secret Service from using funds for the protection of the head of a federal agency other than the Secretary of Homeland Security, except where it has entered into an agreement to provide the protection on a fully reimbursable basis.

(Sec. 228) Permits the Secret Service to reprogram specified funds within the Operations and Support account.

(Sec. 229) Permits funds provided to the Secret Service for Operations and Support to be used for travel of employees on protective missions without regard to limitations on the expenditures if Congress is notified in advance.

(Sec. 230) Provides specified funds to the CBP Procurement, Construction, and Improvements account for:

  • 14 miles of secondary fencing, all of which provides for cross-barrier visual situational awareness, along the southwest border in the San Diego Sector;
  • 25 miles of primary pedestrian levee fencing along the southwest border in the Rio Grande Valley Sector;
  • primary pedestrian fencing along the southwest border in the Rio Grande Valley Sector;
  • replacement of existing primary pedestrian fencing along the southwest border;
  • border barrier planning and design; and
  • acquisition and deployment of border security technology.

Specifies that certain funds for primary fencing may only be used for operationally effective designs deployed as of the date of the Consolidated Appropriations Act, 2017, such as currently deployed steel bollard designs, that prioritize agent safety.

Prohibits funds from being used for construction of a border barrier in the Santa Ana National Wildlife Refuge.

(Sec. 231) Requires DHS to submit to Congress and the Government Accountability Office (GAO) a risk-based plan for improving security along the U.S. borders, including the use of personnel, fencing, other forms of tactical infrastructure, and technology. Requires the GAO to evaluate and report to Congress on the plan.

TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Provides appropriations to the National Protection and Programs Directorate for:

  • Operations and Support;
  • the Federal Protective Service;
  • Procurement, Construction, and Improvements; and
  • Research and Development.

Provides appropriations to the Office of Health Affairs for Operations and Support.

Provides appropriations to the Federal Emergency Management Agency (FEMA) for:

  • Operations and Support;
  • Procurement, Construction, and Improvements;
  • Federal Assistance;
  • the Disaster Relief Fund; and
  • the National Flood Insurance Fund.

(Sec. 301) Limits expenses for the administration of FEMA grants.

(Sec. 302) Specifies time frames for FEMA grant applications and awards.

(Sec. 303) Requires FEMA to brief Congress in advance of announcing certain grants and awards.

(Sec. 304) Specifies that, for the purpose of certain FEMA grants, the installation of communications towers is not considered construction of a building or other physical facility.

(Sec. 305) Permits certain grants awarded to states along the Southwest Border under the Homeland Security Act of 2002 to be used to provide humanitarian relief to unaccompanied alien children and alien adults accompanied by an alien minor where they are encountered after entering the United States.

(Sec. 306) Extends and modifies reporting requirements for expenditures from FEMA's Disaster Relief Fund.

(Sec. 307) Permits DHS to waive specified requirements of the Federal Fire Prevention and Control Act of 1974 when making Firefighter Assistance Grants.

(Sec. 308) Provides for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program.

TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

Provides appropriations for U.S. Citizenship and Immigration Services (USCIS) for: (1) Operations and Support; and (2) Procurement, Construction, and Improvements.

Provides appropriations to the Federal Law Enforcement Training Centers (FLETCs) for Operations and Support.

Provides appropriations for the Science and Technology Directorate for: (1) Operations and Support, and (2) Research and Development.

Provides appropriations for the Domestic Nuclear Detection Office for:

  • Operations and Support;
  • Procurement, Construction, and Improvements;
  • Research and Development; and
  • Federal Assistance.

(Sec. 401) Permits the USCIS to: (1) acquire, operate, equip, and dispose of up to five vehicles, for replacement only, for areas where the General Services Administration does not provide vehicles for lease; and (2) authorize employees who are assigned to those areas to use the vehicles to travel between their residences and places of employment.

(Sec. 402) Prohibits the USCIS from using funds provided by this division to grant an immigration benefit to an individual unless required background checks have been completed, received by the USCIS, and the results do not preclude the granting of the benefit.

(Sec. 403) Prohibits funds provided by this division from being used for a competition for services provided by USCIS employees known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.

(Sec. 404) Permits the USCIS to allocate specified funds from the Immigration Examinations Fee Account in FY2018 for an immigration integration grants program to provide services to individuals that have been lawfully admitted to the United States for permanent residence.

(Sec. 405) Permits the Federal Law Enforcement Training Centers (FLETCs) to distribute funds to federal law enforcement agencies for expenses incurred participating in training accreditation.

(Sec. 406) Directs the Federal Law Enforcement Training Accreditation Board to lead the federal law enforcement training accreditation process to measure and assess federal law enforcement training programs, facilities, and instructors.

(Sec. 407) Establishes a FLETC Procurement, Construction, and Improvements account for planning, operational development, engineering, and purchases prior to sustainment and for information technology-related procurement, construction, and improvements, including non-tangible assets of the FLETC. Permits the acceptance of transfers and reimbursements from government agencies into the account.

(Sec. 408) Classifies the functions of the FLETC instructor staff as inherently governmental (rather than commercial, which would require source competition) for the purposes of the Federal Activities Inventory Reform Act of 1998.

TITLE V--GENERAL PROVISIONS

(Sec. 501) Prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the authority is expressly provided by this division.

(Sec. 502) Permits unexpended balances of prior appropriations to be transferred and merged to new accounts and used for the same purpose, subject to reprogramming guidelines.

(Sec. 503) Sets forth restrictions, guidelines, and requirements for the reprogramming and transfer of funds provided by this division.

(Sec. 504) Extends the authority for the DHS Working Capital Fund (WCF) and prohibits DHS from using funds to make payments to the WCF, except for activities and amounts allowed in the President's FY2018 budget. Permits funds provided to the WCF to remain available until expended and sets forth restrictions and requirements for the WCF.

(Sec. 505) Permits up to 50% of the unobligated balances from each Operations and Support appropriation, the Coast Guard's Operating Expenses account, and funds for salaries and expenses in the Coast Guard's Reserve Training and Acquisition, Construction, and Improvement accounts to remain available through FY2019, subject to the reprogramming requirements included in section 503.

(Sec. 506) Deems funds provided by this division for intelligence activities to be specifically authorized during FY2018 until the enactment of an Act authorizing intelligence activities for FY2018.

(Sec. 507) Requires DHS to notify Congress prior to executing or announcing certain grant allocations, grant awards, contract awards, task or delivery orders, other transaction agreements, or letters of intent. Permits a waiver if compliance would pose a substantial risk to human life, health, or safety and DHS notifies Congress after the award is made.

(Sec. 508) Prohibits any agency from purchasing, constructing, or leasing any additional facilities, except within or contiguous to existing locations, for federal law enforcement training without notifying Congress in advance. Permits the FLETCs to obtain the temporary use of additional facilities for training that cannot be accommodated in existing facilities.

(Sec. 509) Prohibits the use of funds provided by this division for a construction, repair, alteration, or acquisition project for which a required prospectus has not been approved.

(Sec. 510) Applies provisions of the Department Homeland Security Appropriations Act, 2008 related to a contracting officer's technical representative training, disclosure of sensitive security information, and minimum federal fleet requirements to funds provided by this division.

(Sec. 511) Prohibits funds provided by this division from being used in contravention of the Buy American Act.

(Sec. 512) Prohibits funds provided by this division from being used to amend the oath of allegiance required by the Immigration and Nationality Act.

(Sec. 513) Prohibits funds provided by this division from being used for any position designated as a Principal Federal Official during a Stafford Act declared disaster or emergency.

(Sec. 514) Prohibits DHS from using funds provided by this division to carry out a reorganization unless it is explicitly authorized by Congress.

(Sec. 515) Prohibits funds provided by this division from being used for a national identification card.

(Sec. 516) Prohibits officials from delegating this division's requirements to report or certify to Congress unless specifically authorized by this division.

(Sec. 517) Prohibits funds from being used to transfer or release individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, to or within the United States, its territories, or its possessions

(Sec. 518) Prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by the division.

(Sec. 519) Prohibits the use of funds provided by this division to employ workers who are illegal workers under the Immigration and Nationality Act.

(Sec. 520) Prohibits funds provided by this division from being used to pay award or incentive fees for contractor performance that is below satisfactory or fails to meet the basic requirements of a contract.

(Sec. 521) Requires DHS to ensure that new processes for screening aviation passengers and crews consider privacy and civil liberties consistent with applicable laws, regulations, and guidance.

(Sec. 522) Prohibits DHS from entering into contracts that do not meet requirements of specified contracting laws and regulations.

(Sec. 523) Provides appropriations to remain available through FY2019 for financial systems modernization. Permits the funds to be transferred between appropriations accounts for the same purpose if Congress is notified in advance.

(Sec. 524) Prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with an exception for law enforcement, prosecution, or adjudication activities.

(Sec. 525) Prohibits a federal law enforcement officer from using funds provided by this division to transfer a firearm to an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm.

(Sec. 526) Sets forth restrictions and reporting requirements for the use of funds provided by this division to attend international conferences.

(Sec. 527) Prohibits funds provided by this division from being used to reimburse any federal department or agency for participation in a National Special Security Event.

(Sec. 528) Prohibits funds from being used for structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5 million in a single year without notifying Congress in advance.

(Sec. 529) Requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

(Sec. 530) Permits funds provided by this division for Operations and Support and Coast Guard Operating Expenses to be used for minor procurement, construction, and improvements (end items with a unit cost of $250,000 or less for personal property and $2 million or less for real property).

(Sec. 531) Prohibits funds provided by this division from being used to implement the Arms Trade Treaty until it is ratified by the Senate.

(Sec. 532) Permits DHS to use funds for the primary and secondary schooling (including transportation) of dependents of DHS personnel who are stationed outside of the continental United States in certain areas where the available schools are unable to provide adequately for the education of the dependents.

(Sec. 533) Provides, that within 60 days of submitting a budget proposal for FY2019 that assumes revenues or proposes a reduction from the previous year based on user fees proposals that have not been enacted into law prior to the submission of the budget, DHS must submit to Congress spending reductions to offset revenues assumed in the proposals if they are not enacted.

(Sec. 534) Provides appropriations to FEMA to reimburse extraordinary law enforcement personnel costs for protection activities directly and demonstrably associated with any residence of the President that is designated or identified to be secured by the Secret Service.

(Sec. 535) Permits DHS to make certain modifications to the structure of Coast Guard appropriations accounts.

(Sec. 536) Prohibits DHS from using funds to establish appropriations accounts for the Countering Weapons of Mass Destruction Office or the Cybersecurity and Infrastructure Security Agency until Congress enacts a law authorizing the office or agency and identifying functions to be transferred to the office or agency.

(Sec. 537) Amends the Coast Guard Authorization Act of 2010 to extend through FY2018 the authority of the Coast Guard to use expedited hiring authority to recruit and appoint highly qualified individuals to the acquisition workforce.

(Sec. 538) Amends the Homeland Security Act of 2002 to extend certain DHS transactional authorities for research and development projects through FY2018.

(Sec. 539) Rescinds specified funds from certain DHS accounts and programs, including funds from Coast Guard, TSA, and Science and Technology Directorate accounts.

(Sec. 540) Rescinds specified funds that were transferred to DHS when it was created in 2003, including funds from Coast Guard, TSA, and CBP accounts.

(Sec. 541) Rescinds specified unobligated balances of funds that were provided to the CBP, the Coast Guard, FEMA, and the Office of Health Affairs by the Department of Homeland Security Appropriations Act, 2017.

(Sec. 542) Rescinds specified unobligated balances from the Department of the Treasury Forfeiture Fund.

(Sec. 543) Requires FEMA to allow flood protection systems constructed in 2016 on property acquired with hazard mitigation assistance, in an inadvertent violation of the terms and conditions of the assistance, to remain in place on the property. Prohibits new or additional structures from being erected on the property unless the structure complies with the terms and conditions, under current law, for hazard mitigation assistance.

(Sec. 544) Amends the Consolidated Appropriations Act, 2017 to modify the authority and limitations regarding premium pay, overtime, and exemptions from certain limitations on pay for federal employees who worked overtime in response to disasters in calendar year 2017.

DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018

This division provides FY2018 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies.

The division provides annual appropriations for most of the Department of the Interior, including:

  • the Bureau of Land Management,
  • the U.S. Fish and Wildlife Service,
  • the National Park Service,
  • the U.S. Geological Survey,
  • the Bureau of Ocean Energy Management,
  • the Bureau of Safety and Environmental Enforcement,
  • the Office of Surface Mining Reclamation and Enforcement,
  • the Payment in Lieu of Taxes (PILT) program,
  • the Bureau of Indian Affairs, and
  • the Bureau of Indian Education.

Related agencies funded in the division include the Department of Agriculture's Forest Service, the Department of Health and Human Service's Indian Health Service (IHS), the Smithsonian Institution, the National Endowment for the Arts, and the National Endowment for the Humanities.

TITLE I--DEPARTMENT OF THE INTERIOR

Provides appropriations to the Bureau of Land Management (BLM) for:

  • Management of Lands and Resources;
  • Land Acquisition;
  • Oregon and California Grant Lands;
  • Range Improvements;
  • Service Charges, Deposits, and Forfeitures; and
  • Miscellaneous Trust Funds.

Prohibits appropriations provided by this division from being used for the destruction of healthy, unadopted, wild horses and burros in the care of the BLM or its contractors or for the sale of wild horses and burros that results in their destruction for processing into commercial products.

Provides appropriations to the U.S. Fish and Wildlife Service (USFWS) for:

  • Resource Management,
  • Construction,
  • Land Acquisition,
  • the Cooperative Endangered Species Conservation Fund,
  • the National Wildlife Refuge Fund,
  • the North American Wetlands Conservation Fund,
  • Neotropical Migratory Bird Conservation,
  • the Multinational Species Conservation Fund, and
  • State and Tribal Wildlife Grants.

Provides appropriations to the National Park Service (NPS) for:

  • Operation of the National Park System,
  • National Recreation and Preservation,
  • the Historic Preservation Fund,
  • Construction,
  • Land Acquisition and State Assistance, and
  • the Centennial Challenge.

Permits the NPS to retain specified funds authorized to be disbursed under the Gulf of Mexico Energy Security Act of 2006 for the costs of administration of the Land and Water Conservation Fund grants authorized by the Act.

Permits NPS funds to be transferred to the Federal Highway Administration for the Federal Lands Access Program, which was established to improve transportation facilities that provide access to, are adjacent to, or are located within federal lands.

Provides appropriations to the U.S. Geological Survey for Surveys, Investigations, and Research.

Provides appropriations to the Bureau of Ocean Energy Management for Ocean Energy Management.

Provides appropriations to the Bureau of Safety and Environmental Enforcement for: (1) Offshore Safety and Environmental Enforcement, and (2) Oil Spill Research.

Provides appropriations to the Office of Surface Mining Reclamation and Enforcement for: (1) Regulation and Technology, and (2) the Abandoned Mine Reclamation Fund.

Provides appropriations to the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE) for:

  • Operation of Indian Programs,
  • Contract Support Costs,
  • Construction,
  • Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians, and
  • the Indian Guaranteed Loan Program Account.

Permits the BIA to contract for services for the Power Division of the San Carlos Irrigation Project.

Limits the use of funds for contracts, grants, compacts, or cooperative agreements with the BIA under the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994.

Permits tribes to return appropriated funds without diminishing the federal government's trust responsibilities, the government-to-government relationship with the tribe, or the tribe's ability to access future appropriations.

Prohibits the use of BIE funds, other than funds provided for assistance to public schools, for the operation of elementary or secondary schools in Alaska.

Limits the number of schools and the expansion of grade levels in individual schools in the BIE school system.

Specifies the distribution of indirect and administrative costs to certain tribes.

Provides appropriations for Departmental Offices, including:

  • the Office of the Secretary,
  • Insular Affairs,
  • the Office of the Solicitor,
  • the Office of Inspector General, and
  • the Office of the Special Trustee for American Indians.

Provides appropriations for Department-Wide Programs, including:

  • Wildland Fire Management,
  • the Central Hazardous Materials Fund,
  • the Natural Resources Damage Assessment Fund,
  • the Working Capital Fund, and
  • the Office of Natural Resources Revenue.

(Sec. 101) Permits the transfer of funds within bureaus and offices for specified emergencies when all other emergency funds have been exhausted.

(Sec. 102) Provides for the department-wide expenditure or transfer of funds by Interior in the event of specified emergencies.

(Sec. 103) Permits Interior to use appropriations provided in this title for:

  • employing temporary or intermittent experts and consultants;
  • purchasing and replacing motor vehicles;
  • hiring, maintenance, and operation of aircraft;
  • hiring of passenger motor vehicles;
  • purchasing reprints;
  • telephone services in private residences in the field; and
  • certain library memberships.

(Sec. 104) Permits the transfer of funds between the BIA, the BIE, and the Office of the Special Trustee for American Indians for Indian trust management and reform activities, provided that total funding for historical accounting activities does not exceed funding provided by this division for that purpose.

(Sec. 105) Permits Interior to redistribute Tribal Priority Allocation funds, including tribal base funds, to alleviate funding inequities to address identified unmet needs, dual enrollment, overlapping service areas, or inaccurate distribution methodologies.

Specifies that no tribe may receive a reduction in Tribal Priority Allocation funds of more than 10% in FY2018, except in the cases of dual enrollment, overlapping service areas, or inaccurate distribution methodologies.

(Sec. 106) Authorizes the acquisition of lands and waters for the purpose of operating and maintaining facilities that support visitors to Ellis, Governors, and Liberty Islands in New Jersey and New York.

(Sec. 107) Requires Interior to collect specified Outer Continental Shelf inspection fees.

(Sec. 108) Permits Interior to transfer funds to implement the reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, subject to reprogramming guidelines.

(Sec. 109) Permits Interior to enter into multiyear cooperative agreements and contracts with nonprofits and other entities for the long-term care and maintenance of excess wild free roaming horses and burros on private land.

(Sec. 110) Directs the USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marking of salmonid stocks intended for harvest that are released from federally operated or financed hatcheries.

(Sec. 111) Amends the Consolidated Appropriations Act, 2012 to extend the requirement that a person exhaust administrative hearings and appeal procedures prior to bringing a civil action challenging BLM decisions concerning grazing on public lands.

(Sec. 112) Permits the BIA and the BIE, in carrying out work involving cooperation with state, local, and tribal governments, to record obligations against accounts receivable from the entities, provided that total obligations at the end of the fiscal year do not exceed total budgetary resources.

(Sec. 113) Permits Interior to transfer excess wild horses or burros that have been removed from the public lands to other federal, state, and local agencies for use as work animals. Specifies that any animal transferred loses its status as a wild free-roaming horse or burro.

Prohibits any agency receiving the animals from: (1) destroying, selling, or otherwise transferring them in a way that results in their destruction for processing into commercial products; or (2) euthanizing the horses or burros except upon the recommendation of a licensed veterinarian, in cases of severe injury, illness, or advanced age.

(Sec. 114) Provides payments to the Republic of Palau pursuant to the Compact of Free Association requirements.

(Sec. 115) Permits Interior to enter into cooperative agreements with nonprofit organizations designated by the Department of Labor under the Older Americans Act of 1965 to use older Americans in programs authorized by other provisions of law administered by Interior.

(Sec. 116) Designates specified National Wilderness Preservation System land located within the Lake Clark National Park and Preserve in Alaska as the "Jay S. Hammond Wilderness."

(Sec. 117) Extends authorities for National Heritage Areas, including: (1) the Tennessee Civil War Heritage Area, (2) the Augusta Canal National Heritage Area, (3) the South Carolina National Heritage Corridor, and (4) the Blue Ridge National Heritage Area.

(Sec. 118) Provides FY2018 funding for the Payment in Lieu of Taxes (PILT) program.

(Sec. 119) Modifies the authorization of the Department of the Interior to procure certain land for the Morristown National Historical Park to: (1) specify that Interior may only procure the land from a willing owner, and (2) to increase the limitation on the number of acres.

(Sec. 120) Prohibits funds from being used to write or issue rules for the sage-grouse pursuant to the Endangered Species Act of 1973 (ESA).

(Sec. 121) Incorporates by reference:

  • section 7130 (Modification of the Second Division Memorial) and section 7134 (Ste. Genevieve National Historical Park) of S. 1460 (Energy and Natural Resources Act of 2017), as placed on the Senate calendar;
  • H.R. 1281 (A bill to extend the authorization of the Highlands Conservation Act), as introduced in the 115th Congress; and
  • H.R. 4134 (Cecil D. Andrus-White Clouds Wilderness Redesignation Act), as introduced in the 115th Congress.

(Sec. 122) Withdraws mineral estates in specified BLM contracts from all forms of mineral entry authority of Interior, subject to valid existing rights.

TITLE II--ENVIRONMENTAL PROTECTION AGENCY

Provides appropriations to the Environmental Protection Agency (EPA) for:

  • Science and Technology,
  • Environmental Programs and Management,
  • the Hazardous Waste Electronic Manifest System Fund,
  • the Office of Inspector General,
  • Buildings and Facilities,
  • Hazardous Substance Superfund,
  • the Leaking Underground Storage Tank Trust Fund Program,
  • Inland Oil Spill Programs,
  • State and Tribal Assistance Grants, and
  • the Water Infrastructure Finance and Innovation Program Account.

Permits the EPA to award cooperative agreements to Indian tribes or intertribal consortia to carry out the agency's function to implement federal environmental programs required or authorized by law in the absence of an acceptable tribal program.

Authorizes the EPA to collect and spend pesticide registration service fees.

Permits the EPA to: (1) transfer funds from the Environmental Programs and Management account to other federal agencies to support the Great Lakes Restoration Initiative, and (2) enter into interagency agreements and provide grants to certain entities to support the effort.

Permits specified funds to be used for the construction, alteration, repair, rehabilitation, and renovation of facilities.

Permits the EPA to use funds to make grants to Indian tribes notwithstanding certain provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).

Permits the EPA to use FY2018 appropriations for Environmental Programs and Management to provide grants to implement the Southeastern New England Watershed Restoration Program.

Rescinds specified unobligated balances from the State and Tribal Assistance Grants account.

Requires specified funds for the National Estuary Program to be used for certain competitive grants.

TITLE III--RELATED AGENCIES

Provides appropriations to the Department of Agriculture for the Forest Service, including for:

  • the Office of the Under Secretary for Natural Resources and Environment;
  • Forest and Rangeland Research;
  • State and Private Forestry;
  • the National Forest System;
  • Capital Improvement and Maintenance;
  • Land Acquisition;
  • the Range Betterment Fund;
  • Gifts, Donations, and Bequests for Forest and Rangeland Research;
  • Management of National Forest Lands for Subsistence Uses; and
  • Wildland Fire Management.

Permits Forest Service appropriations to be used for:

  • the purchase and use of motor vehicles and aircraft;
  • employment of temporary or intermittent personnel;
  • purchase, erection, and alteration of buildings and other public improvements;
  • acquisition of land and waters;
  • expenses pursuant to the Volunteers in the National Forest Act of 1972;
  • uniforms; and
  • debt collection contracts.

Permits appropriations to be transferred to the Wildland Fire Management account for forest fire fighting, emergency rehabilitation of burned-over or damaged lands or waters, and fire preparedness due to severe burning conditions, provided that USDA notifies Congress that all fire suppression funds will be obligated within 30 days. Requires funds used to be replenished by a supplemental appropriation requested as promptly as possible.

Permits unobligated balances of funds provided to the Forest Service to be transferred to or within the Wildland Fire Management Account or reprogrammed to be used for hazardous fuels management and emergency rehabilitation of burned-over National Forest System lands and water, if Congress is notified in advance.

Permits up to $50 million of the funds provided for the Forest Service to be available for expenditure or transfer to Interior for wildland fire management, hazardous fuels management, and state fire assistance.

Permits Forest Service appropriations to be used for forest and rangeland research, technical information, and related forestry and natural resources activities in foreign countries.

Permits Forest Service appropriations to be transferred to the BLM for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for surveys to designate the boundaries of the lands.

Prohibits Forest Service appropriations from being transferred using authority provided in several specified statutory provisions.

Prohibits Forest Service appropriations from being reprogrammed except with prior approval of Congress and in accordance with procedures contained in the explanatory statement accompanying this division.

Limits transfers to the USDA Working Capital Fund and to USDA for Department Reimbursable Programs (commonly referred to as Greenbook charges).

Permits specified funds to be used for projects to be carried out by the Youth Conservation Corps under the authority of the Public Lands Corps Act of 1993.

Permits the Chief of the Forest Service to use specified funds for official reception and representation expenses.

Provides matching funds to aid conservation projects of the National Forest Foundation and the National Fish and Wildlife Foundation.

Permits funds to be used to provide technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes.

Permits Forest Service appropriations to be used for payments to counties within the Columbia River Gorge National Scenic Area.

Permits Forest Service appropriations to be used to meet the non-federal share requirement included in a provision of the Older Americans Act of 1965 related to the older American community service employment program.

Prohibits the Forest Service from assessing funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning.

Permits specified funds to be used to reimburse the USDA Office of the General Counsel for travel and related expenses incurred as a result of assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar non-litigation related matters.

Permits an individual employed under any project funded under title V of the Older Americans Act of 1965 to be considered a federal employee.

Requires the Forest Service to provide quarterly reports to Congress regarding unobligated balances.

Requires the Forest Service to submit to the Office of Management and Budget a proposed system of administrative control of funds for its accounts.

Provides appropriations to the Department of Health and Human Services (HHS) for the Indian Health Service (IHS) including:

  • Indian Health Services,
  • Contract Support Costs, and
  • Indian Health Facilities.

Provides appropriations to HHS for: (1) the National Institutes of Health for the National Institute of Environmental Health Sciences, and (2) the Agency for Toxic Substances and Disease Registry.

Provides appropriations to Other Related Agencies, including:

  • the Executive Office of the President for the Council on Environmental Quality and Office of Environmental Quality;
  • the Chemical Safety and Hazard Investigation Board;
  • the Office of Navajo and Hopi Indian Relocation;
  • the Institute of American Indian and Alaska Native Culture and Arts Development;
  • the Smithsonian Institution;
  • the National Gallery of Art;
  • the John F. Kennedy Center for the Performing Arts;
  • the Woodrow Wilson International Center for Scholars;
  • the National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities;
  • the Commission of Fine Arts;
  • the Advisory Council on Historic Preservation;
  • the National Capital Planning Commission;
  • the United States Holocaust Memorial Museum;
  • the Dwight D. Eisenhower Memorial Commission;
  • the Women's Suffrage Centennial Commission; and
  • the World War I Centennial Commission.

TITLE IV--GENERAL PROVISIONS

(Sec. 401) Prohibits funds provided by this division from being used to promote public support or opposition to any legislative proposal before Congress, other than to communicate with Congress as permitted under current law.

(Sec. 402) Prohibits any appropriation contained in this division from remaining available for obligation beyond the current fiscal year unless expressly permitted in this division.

(Sec. 403) Requires specified administrative expenses to be presented in annual budget justifications and approved by Congress.

(Sec. 404) Prohibits funds from being used to accept or process applications for a patent for any mining or mill site claim located under the general mining laws, subject to exceptions.

Requires Interior to report to Congress regarding actions taken by the department under the plan submitted regarding a processing schedule for certain applications for patents that were filed on or before September 30, 1994.

Requires Interior, upon the request of a patent applicant, to allow a qualified third-party contractor to conduct a mineral examination of the mining claims or mill sites contained in a patent application. Specifies that the BLM is responsible for selecting and paying the third-party contractor.

(Sec. 405) Extends limits on the use of FY1994-FY2013 and FY2014 funds for contract support costs on Indian contracts.

(Sec. 406) Limits the use of FY2018 funds for contract support costs on Indian contracts.

(Sec. 407) Permits Forest Service land management plans that are more than 15 years old if USDA is acting in good faith to update the plans.

(Sec. 408) Prohibits funds provided by this division from being used to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a National Monument.

(Sec. 409) Restricts land acquisition funds provided by this division from being used for the filing of declarations of taking or complaints in condemnation without the approval of Congress. Includes an exception for funds provided to implement the Everglades National Park Protection and Expansion Act of 1989, or for Florida to acquire lands for Everglades restoration.

(Sec. 410) Sets forth requirements regarding the sale of timber from a specified region in Alaska.

(Sec. 411) Prohibits no-bid contracts and grants except under certain circumstances where a contract is authorized by federal law or was awarded prior to the date of enactment of this division.

(Sec. 412) Requires agencies receiving funds in this division to post on their public websites any report required to be submitted by Congress if it serves the national interest. Specifies that the requirement does not apply if: (1) the public posting of the report comprises national security, or (2) the report contains proprietary information.

(Sec. 413) Establishes grant guidelines for the NEA.

(Sec. 414) Establishes priorities for programs administered by the NEA.

(Sec. 415) Directs Interior, the EPA, the Forest Service, and the IHS to provide Congress with quarterly reports on the status of balances of appropriations.

(Sec. 416) Prohibits funds from being used to promulgate or implement any regulation requiring the issuance of permits under the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.

(Sec. 417) Prohibits funds from being used to implement any provision in a rule that requires mandatory reporting of greenhouse gas emissions from manure management systems.

(Sec. 418) Prohibits funds from being used to regulate the lead conte nt of ammu n ition, ammunition components, or fishing tackle under the Toxic Substances Control Act or any other law.

(Sec. 419) Amends the Consolidated Appropriations Act, 2012 to extend a provision that permits USDA and Interior, in awarding contracts for certain activities on public lands, to give consideration to certain local contractors who provide employment and training for dislocated and displaced workers in an economically disadvantaged rural community.

(Sec. 420) Amends the Chesapeake Bay Initiative Act of 1998 to extend the authorization for the Chesapeake Bay Initiative.

(Sec. 421) Extends the authority of the Forest Service to renew certain grazing permits.

(Sec. 422) Prohibits funds provided by this division from being used to maintain or establish a computer network unless the network blocks access to pornography websites. Includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, or adjudication activities.

(Sec. 423) Amends the Forest Service Facility Realignment and Enhancement Act of 2005 to extend the authority for conveyances of certain Forest Service administrative sites.

(Sec. 424) Prohibits any funds made available by a state water pollution control revolving fund authorized by the Safe Drinking Water Act from being used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States, subject to specified exceptions and waiver procedures.

(Sec. 425) Prohibits funds provided by this division from being used to destroy any buildings or structures on Midway Island that have been recommended by the U.S Navy for inclusion in the National Register of Historic Places.

(Sec. 426) Amends the John F. Kennedy Center Act to authorize FY2018 appropriations for the John F. Kennedy Center for the Performing Arts.

(Sec. 427) Authorizes Interior to: (1) enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices; and (2) transfer title to excess Interior firefighting equipment to the organizations.

(Sec. 428) Amends the Consolidated Appropriations Act, 2014 to extend through FY2019 a provision that prohibits the Indian Health Service from disbursing funds for the provision of health care services to any Alaska Native village or Alaska Native village corporation that is located within the area served by an Alaska Native regional health entity.

(Sec. 429) Specifies requirements for d etermining whether certain hospitals meet the mileage criterion for the distance from other hospitals that is required to be eligible for certain Medicare payment adjustments for low-volume hospitals.

(Sec. 430) Provides additional appropriations to the EPA for: (1) Hazardous Substance Superfund, (2) State and Tribal Assistance Grants, and the (3) Water Infrastructure Finance and Innovation Program Account.

(Sec. 431) Requires the Department of Energy (DOE), the Department of Agriculture (USDA), and the EPA to jointly ensure that federal policy relating to forest bioenergy: (1) is consistent across all department and agencies, and (2) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management.

Requires DOE, USDA, and the EPA to establish clear and simple policies for the use of forest biomass as an energy solution, including policies that:

  • reflect the carbon-neutrality of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use;
  • encourage private investment throughout the forest biomass supply chain;
  • encourage forest management to improve forest health; and
  • recognize state initiatives to produce and use forest biomass.

(Sec. 432) Prohibits the EPA from using funds to require a permit under the Clean Water Act for the discharge of dredged or fill material for certain agriculture activities.

(Sec. 433) Prohibits funds provided by this division from being used to implement or enforce certain EPA regulations for commercial and industrial solid waste incineration units with respect to small remote incinerators located in Alaska.

DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

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

This division provides FY2018 appropriations for:

  • the Department of Labor;
  • most of the Department of Health and Human Services (HHS);
  • 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 division includes both discretionary and mandatory funding. The majority of the funding in the division 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.

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 division 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 division from being used for the procurement of goods and services utilizing forced or indentured child labor in industries and host countries identified by Labor prior to enactment of this Act.

(Sec. 104) Prohibits certain funds available for job training grants under the American Competitiveness and Workforce Innovation and Opportunity Act from being used for any purpose other than 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) Permits Labor to select an entity to operate a Civilian Conservation Center on a competitive basis if the center has had consistently low performance.

(Sec. 109) 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. 110) Rescinds specified advance appropriations from the ETA's Dislocated Workers Assistance National Reserve account.

(Sec. 111) 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. 112) Sets forth requirements for determining the prevailing wage for the H-2B program.

(Sec. 113) Prohibits the use of funds provided by this division 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. 114) 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. 115) Extends the availability of specified funds provided for automation acquisitions that are being carried out by State Unemployment Insurance information technology consortia.

(Sec. 116) Amends the HIRE Vets Act to make the authority for Labor to charge a fee to employers who apply for a HIRE Vets Medallion Award subject to the annual appropriations process.

(Sec. 117) Specifies requirements and authorities for the law enforcement officers or special agents employed as a part of the Secretary of Labor's security detail.

(Sec. 118) Authorizes Labor to dispose of or divest all or a portion of the real property on which the Treasure Island Job Corps Center is located. Exempts the sale or disposition from federal laws and regulations relating to the disposition of federal property.

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 division.

(Sec. 204) Permits up to 2.5% 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 division 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 division 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 to use specified funds authorized under the PHS Act to enter into transactions (other than contracts, cooperative agreements, or grants) for research on matters that have not received significant funding relative to other matters, to respond to new issues and scientific emergencies, and to act on research opportunities of high priority.

Permits the NIH to utilize certain peer review procedures for the transactions to obtain assessments of scientific and technical merit, in lieu of certain peer review and advisory council review procedures that would otherwise be required under the PHS Act.

(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) Requires the HHS budget justifications to include specified details regarding federal employees and contractors involved in activities related to the Patient Protection and Affordable Care Act (PPACA).

(Sec. 220) Requires HHS to include in the FY2020 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 FY2020.

(Sec. 221) 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. 222) Prohibits specified funds provided by this division from being used for payments relating to the risk corridors program established by PPACA.

(Sec. 223) Requires HHS to include in the FY2020 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. 224) Transfers mandatory funds from the Prevention and Public Health Fund created by PPACA to accounts within HHS activities outlined under the heading ''Prevention and Public Health Fund'' in the explanatory statement regarding this division.

Prohibits HHS from further transferring the funds and specifies that the funds shall be made available without reference to certain existing authorizations of appropriations.

(Sec. 225) 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. 226) 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 division 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. 227) 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. 228) Permits the NIH to transfer funds specifically appropriated for opioid addiction, opioid alternatives, pain management, and addiction treatment to other Institutes and Centers of the NIH to be used for the same purpose after Congress is notified.

(Sec. 229) Prohibits funds provided by this division to carry out the Child Care Development Block Grant Act of 1990 from being provided to any child care provider if a localized list of providers indicates that a serious injury or death occurred at the provider due to a substantiated health or safety violation.

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 division from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school or school system, or (2) carry out a racial desegregation plan for any school or school system.

(Sec. 302) Prohibits funds provided by this division 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 division 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 division 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 through 2018 the authorization of the National Advisory Committee on Institutional Quality and Integrity.

(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) Specifies requirements for providing payments to state and local agencies under the Impact Aid program.

(Sec. 312) Makes a technical correction regarding the availability of hurricane relief funding for displaced students under the Bipartisan Budget Act of 2018.

(Sec. 313) Permits institutions of higher education, with the consent of applicant who has completed a Free Application for Federal Student Aid (FAFSA), to share information collected from an applicant's FAFSA with scholarship granting organizations.

(Sec. 314) Permits ED to waive certain requirements regarding default rates under the federal student loan program for: (1) a public institution of higher education that offers an associate degree and is located in an economically distressed county; and (2) an institution that is a public institution of higher education or a Tribal College or University and whose fall enrollment for the most recently completed academic year was comprised of a majority of students who are Indian or Alaska Natives.

(Sec. 315) Provides additional appropriations to ED for providing loan cancellations, in the same manner as under the Public Service Loan Forgiveness Program, subject to specified requirements.

(Sec. 316) Requires ED to use certain funds provided for Student Aid Administration to conduct specified outreach to borrowers who may intend to qualify for loan cancellation under the Public Service Loan Forgiveness Program to ensure that borrowers are meeting the terms and conditions of the loan cancellation.

(Sec. 317) Amends the Higher Education of Act of 1965 to modify Pell grant eligibility rules for children of public safety officers who died in the line of duty.

(Sec. 318) Specifies that funds awarded to magnet schools for FY2017 and FY2018 under the Elementary and Secondary Education Act of 1965 may be used for transporting students to and from the school, subject to conditions specified under current law.

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 division from remaining available for obligation beyond the current fiscal year unless otherwise specified.

(Sec. 503) Prohibits funds provided by this division from being used 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 division 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 division or in any trust fund which received funds in this division 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 division for certain research involving human embryos.

(Sec. 509) Prohibits the use of funds provided by this division 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 division 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 division 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 division to any federal department, agency, or instrumentality, except pursuant to an appropriations Act.

(Sec. 513) Prohibits funds provided by this division 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 division 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 division 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 division 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 division to purchase sterile needles or syringes for the hypodermic injection of any illegal drug.

(Sec. 521) Requires computer networks of agencies funded by this division 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 division 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 division 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 specified funds from the Children's Health Insurance Program (CHIP) that are unobligated as of September 25, 2018.

(Sec. 528) Prohibits specified amounts deposited in the CHIP Child Enrollment Contingency Fund prior to the beginning of FY2018 and income derived from the investment of the funds from being obligated during the current fiscal year.

(Sec. 529) Prohibits specified amounts deposited in the CHIP Child Enrollment Contingency Fund for FY2018 and income derived from the investment of the funds from being obligated during the current fiscal year.

(Sec. 530) Rescinds specified funds from the Children's Health Insurance Program Performance Bonus Fund.

(Sec. 531) Rescinds unobligated balances of specified funds that were provided to HHS by the Children's Health Insurance Program Reauthorization Act of 2009.

DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018

Legislative Branch Appropriations Act, 2018

This division provides appropriations for Congress and the agencies that serve Congress.

It includes funding for the House of Representatives, the Senate, and Joint Items such as the Joint Economic Committee, the Joint Committee on Taxation, and the Office of the Attending Physician.

It also provides appropriations for:

  • the Capitol Police
  • the Office of Compliance,
  • the Congressional Budget Office,
  • the Architect of the Capitol,
  • the Library of Congress,
  • the Government Publishing Office, and
  • the Government Accountability Office.

TITLE I--LEGISLATIVE BRANCH

Provides appropriations to the Senate for:

  • Expense Allowances;
  • Representational Allowances for the Majority and Minority Leaders;
  • Salaries, Officers, and Employees;
  • the Office of the Legislative Counsel of the Senate;
  • the Office of Senate Legal Counsel;
  • Expense Allowances of the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the Senate; and
  • Contingent Expenses of the Senate.

(Sec. 101) Requires that amounts remaining in the Senators' Official Personnel and Office Expense Account be used for deficit reduction or to reduce the federal debt.

(Sec. 102) Exempts agreements, contracts, or purchases by any office of the Senate from the advertising requirement for federal government purchases and sales. (Under the requirement, purchases and contracts for supplies or services for the federal government may only be made or entered into after advertising for proposals for a sufficient time.)

(Sec. 103) Amends the Legislative Branch Appropriations Act, 2002 to permit the student loan repayment program to be continued for certain employees of departing Senators and Vice Presidents under a service agreement that includes a required period of employment that is less than the one-year period required under current law.

Provides appropriations to the House of Representatives for:

  • Salaries and Expenses;
  • House Leadership Offices;
  • Members' Representational Allowances, including Members' Clerk Hire, Official Expenses of Members, and Official Mail;
  • Committee Employees;
  • Salaries, Officers, and Employees; and
  • Allowances and Expenses.

(In this division, the term "Member of the House of Representatives" also includes a Delegate or Resident Commissioner to the Congress.)

(Sec. 110) Requires amounts remaining in Members' Representational Allowances after all payments are made for FY2018 to be used for deficit or debt reduction.

(Sec. 111) Prohibits funds provided by this division from being used to deliver a printed copy of a bill, joint resolution, or resolution to the office of a Member of the House of Representatives unless the Member requests a copy.

(Sec. 112) Prohibits funds provided by this division from being used to deliver a printed copy of the Congressional Record to the office of a Member of the House of Representatives.

(Sec. 113) Prohibits funds provided by this division from being used to make payments from any Members' Representational Allowance to lease a vehicle, excluding mobile district offices, at a rate that exceeds $1,000 for the vehicle in any month.

(Sec. 114) Prohibits funds provided by this division from being used to provide an aggregate number of more than 50 printed copies of any edition of the U.S. Code to all offices of the House of Representatives.

(Sec. 115) Prohibits funds provided by this division from being used to deliver a printed copy of the report of disbursements for the operations of the House of Representatives to the office of a Member of the House of Representatives.

(Sec. 116) Prohibits funds provided by this division from being used to deliver to the office of a Member of the House Representatives a printed copy of the Daily Calendar of the House of Representatives prepared by the Clerk of the House of Representatives.

(Sec. 117) Prohibits funds provided by this division from being used to deliver a printed copy of the Congressional Pictorial Directory to the office of a Member of the House of Representatives.

(Sec. 118) Amends the Legislative Branch Appropriations Act, 2005 to include in the House Services Revolving Fund service fees that are collected from vendors of the Master Web Services Agreement or the Technology Services Contract for failing to abide by and maintain House of Representatives security policies.

(Sec. 119) Requires certain unobligated funds that were provided to the House of Representatives for Salaries and Expenses to be transferred to the Salaries and Expenses-- Allowances and Expenses account until expended for House of Representatives Business Continuity and Disaster Recovery.

Provides appropriations for Joint Items, including:

  • the Joint Economic Committee,
  • the Joint Committee on Taxation,
  • the Office of the Attending Physician, and
  • the Office of Congressional Accessibility Services.

Provides appropriations for:

  • the Capitol Police,
  • the Office of Compliance, and
  • the Congressional Budget Office.

(Sec. 130) Establishes contracting parity with the executive branch by specifying that certain contracts for goods and services to which the Congressional Budget Office is a party are subject to specified Federal Acquisition Regulations.

Provides appropriations to the Architect of the Capitol (AOC) for:

  • Capital Construction and Operations;
  • the Capitol Building;
  • the Capitol Grounds;
  • the Senate Office Buildings;
  • the House Office Buildings;
  • the Capitol Power Plant;
  • the Library Buildings and Grounds;
  • the Capitol Police Buildings, Grounds and Security;
  • the Botanic Garden; and
  • the Capitol Visitor Center.

(Sec. 140) Prohibits funds provided by this division for the AOC from being used to make incentive or award payments to contractors for work that is behind schedule or over budget, unless the deviations are due to unforeseeable events, government-driven scope changes, or are insignificant within the overall scope of the project or program.

(Sec. 141) Prohibits funds provided by this division from being used for scrims (coverings for buildings that are being renovated) containing photographs of building facades during restoration or construction projects performed by the AOC.

Provides appropriations to the Library of Congress (LOC) for:

  • Salaries and Expenses,
  • the Copyright Office,
  • the Congressional Research Service (CRS), and
  • Books for the Blind and Physically Handicapped.

(Sec. 150) Limits the FY2018 obligational authority of the LOC for reimbursable and revolving fund activities funded from sources other than appropriations.

(Sec. 151) Amends the Library of Congress Fiscal Operations Improvement Act of 2000 to include training programs and activities in the LOC's revolving fund authority, which permits the LOC to collect fees for the services.

Specifies that the LOC's FEDLINK program includes entities of tribal governments. (Under the program, the LOC provides various services to federal libraries, federal information centers, other entities of the federal government, and the District of Columbia.)

(Sec. 152) Permits the LOC to accept gifts of: (1) nonpersonal services, and (2) voluntary and uncompensated personal services not to exceed $10,000 per person, per year in value. Requires the LOC to provide an annual public report regarding gifts accepted under this section.

(Sec. 153) Amends the Congressional Accountability Act of 1995 to apply specified provisions of the Act to the LOC.

(Sec. 154) Requires the LOC to establish and maintain a public website containing CRS Reports and an index of all CRS Reports contained on the website.

Provides appropriations to the Government Publishing Office for:

  • Congressional Publishing,
  • Public Information Programs of the Superintendent of Documents, and
  • the Government Publishing Office Business Operations Revolving Fund.

Provides appropriations to:

  • the Government Accountability Office,
  • the Open World Leadership Center Trust Fund, and
  • the John C. Stennis Center for Public Service Training and Development.

TITLE II--GENERAL PROVISIONS

(Sec. 201) Prohibits funds provided by this division from being used for the maintenance or care of private vehicles, except for emergency assistance and cleaning.

(Sec. 202) Prohibits funds provided by this division from remaining available for obligation beyond FY2018 unless expressly provided in this division.

(Sec. 203) Provides that: (1) rates of compensation or designations of offices or positions included in this division that are either not established by the Legislative Pay Act of 1929 or are contrary to that Act are considered permanent law; and (2) provisions in this division for official congressional expenses and clerk hire for Senators and Members of the House of Representatives are permanent law.

(Sec. 204) Limits contracts for certain consulting services to those where expenditures are a matter of public record and available for public inspection.

(Sec. 205) Permits legislative branch entities participating in the Legislative Branch Financial Managers Council to use funds provided for administrative expenses to pay a share of the cost of the council if the total cost shared among all participating entities does not exceed $2,000.

(Sec. 206) Prohibits funds provided by this division from being transferred to any department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to authority provided by an appropriations Act.

(Sec. 207) Prohibits the AOC from using funds provided by this division to eliminate or restrict guided Capitol tours led by congressional employees and interns other than through regulations authorized by the Capitol Visitor Center of 2008, subject to an exception permitting tours to be suspended for security or related reasons.

DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018

This division provides FY2018 appropriations to the Department of Defense (DOD) for military construction, military family housing, the U.S. share of the North Atlantic Treaty Organization Security Investment Program, and base closures and realignments.

The division also provides appropriations to the Department of Veterans Affairs (VA) for veterans benefit and health care programs, Departmental Administration, and the National Cemetery Administration.

Related agencies and programs funded in the division include the U.S. Court of Appeals for Veterans Claims; the Armed Forces Retirement Home; and the Cemeterial Expenses of the Army, including Arlington National Cemetery.

The division also includes Army, Air Force, Navy and Marine Corps, Air Force, and Defense-Wide military construction funds which are designated as Overseas Contingency Operations (OCO) funds and are not subject to discretionary spending limits.

TITLE I--DEPARTMENT OF DEFENSE

Provides appropriations to the Department of Defense (DOD) for Military Construction for:

  • the Army;
  • the Navy and Marine Corps;
  • the Air Force;
  • Defense-Wide agencies and activities (other than military departments);
  • the Army and Air National Guard; and
  • the Army, Navy, and Air Force Reserves.

Provides appropriations to DOD for the North Atlantic Treaty Organization (NATO) Security Investment Program.

Provides appropriations for the DOD Base Closure Account.

Provides appropriations to DOD for Construction and Operation and Maintenance of Family Housing for:

  • the Army,
  • the Navy and Marine Corps,
  • the Air Force, and
  • Defense-Wide agencies and activities (other than military departments).

Provides appropriations for the DOD Family Housing Improvement Fund and the DOD Military Unaccompanied Housing Improvement Fund.

(Sec. 101) Prohibits funds provided by this title from being used for payments exceeding $25,000 for construction in the United States under a cost-plus-a-fixed-fee contract without a specific DOD approval in writing. Includes an exception for work that is to be performed in Alaska.

(Sec. 102) Permits construction funds provided by this title to be used for hiring passenger motor vehicles.

(Sec. 103) Permits construction funds provided by this title to be used for advances to the Federal Highway Administration for the construction of access roads DOD has certified as important to national defense.

(Sec. 104) Prohibits funds provided by this title from being used to begin construction of new bases in the United States without a specific appropriation.

(Sec. 105) Prohibits funds provided by this title from being used to purchase land or land easements in excess of 100% of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command. Includes exceptions for: (1) determinations of value by a federal court, (2) purchases negotiated by the Attorney General or a designee, (3) values less than $25,000, and (4) DOD determinations that the purchase is in the public interest.

(Sec. 106) Prohibits funds provided by this title from being used to acquire land, provide for site preparation, or install utilities for family housing, except housing for which appropriations have been provided.

(Sec. 107) Prohibits funds provided by this title for minor construction from being used to transfer or relocate any activity from one base or installation to another without notifying Congress in advance.

(Sec. 108) Prohibits funds provided by this title from being used to procure steel for construction unless American producers, fabricators, and manufacturers have been allowed to compete for the procurement.

(Sec. 109) Prohibits funds provided to DOD for military construction or family housing during the current fiscal year from being used to pay real property taxes in any foreign nation.

(Sec. 110) Prohibits funds provided by this title from being used to initiate a new installation overseas without notifying Congress in advance.

(Sec. 111) Prohibits funds provided by this title from being used for architect and engineer contracts estimated to exceed $500,000 for projects in Japan, NATO member countries, or countries bordering the Arabian Gulf unless the contracts are awarded to U.S. firms or U.S. firms in joint ventures with host nation firms.

(Sec. 112) Prohibits funds provided by this title for military construction in U.S. territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf from being used to award a contract over $1 million to a foreign contractor. Includes exceptions.

(Sec. 113) Requires DOD to notify Congress in advance of military exercises if construction costs are expected to exceed $100,000.

(Sec. 114) Permits funds appropriated to DOD for construction in prior years to be used for construction projects authorized during the current session of Congress.

(Sec. 115) Permits expired or lapsed funds to be used to pay for supervision, inspection, overhead, engineering, and design costs for military construction or family housing projects being completed with lapsed or expired funds.

(Sec. 116) Permits funds provided for the construction of military projects to be available for five years if: (1) the funds are obligated from funds available for military construction, and (2) do not exceed the amount appropriated or permitted by law.

(Sec. 117) Permits the following transfers if Congress is notified and specified conditions are met:

  • to the DOD Family Housing Improvement Fund from appropriations for construction in Family Housing accounts, and
  • to the DOD Military Unaccompanied Housing Improvement Fund from appropriations for construction of military unaccompanied housing in Military Construction accounts.

Specifies that the transferred funds shall be available for DOD loans or loan guarantees pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities.

(Sec. 118) Permits the transfer of funds from the DOD Base Closure Account to the fund established to pay expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.

(Sec. 119) Provides that funds for operation and maintenance of family housing in this title shall be the only source of funds for repair and maintenance of all family housing units, including general or flag officer quarters. Sets forth limitations and requirements for expenditures for maintenance and repair of general or flag officer quarters.

(Sec. 120) Appropriates funds contained in the Ford Island Improvement Account to remain available until expended or transferred.

(Sec. 121) Permits the transfer of unobligated balances of expired military construction and family housing funds into the Foreign Currency Fluctuations--Construction--Defense account.

(Sec. 122) Prohibits the Army from using funds provided by this division to relocate a unit that: (1) performs a required testing mission or function that is not performed by any other unit and is specifically stipulated under current law, and (2) is located at a military installation where the total number of Army civilian employees and contractor personnel exceeds 10% of the regular and reserve Army personnel assigned to the installation. Includes an exception if the Army notifies Congress of the relocation's compliance with Army Regulation 5-10 concerning stationing actions.

(Sec. 123) Permits funds provided to an account in this title to be transferred among projects and activities within the account subject to specified DOD reprogramming guidelines for military and family housing construction.

(Sec. 124) Prohibits funds provided by this title from being used for the planning, design, and construction of projects at Arlington National Cemetery.

(Sec. 125) Provides specified additional funds to remain available through FY2022 for unfunded military construction priorities.

(Sec. 126) Rescinds specified unobligated balances from the North Atlantic Treaty Organization Security Investment Program and Family Housing Construction--Army accounts.

(Sec. 127) Defines "congressional defense committees" to include the House and Senate Armed Services Committees and Appropriations Subcommittees on Military Construction and Veterans Affairs.

(Sec. 128) Prohibits funds provided by this division from being used for the closure or realignment of the U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 129) Prohibits funds from being used to consolidate or relocate any element of a U.S. Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) squadron outside of the United States until the Air Force: (1) submits to Congress an analysis and comparison of the cost and investment required to consolidate or relocate a RED HORSE squadron outside of the United States versus within the United States, and (2) certifies to Congress that the preferred site yields the greatest savings.

(Sec. 130) Requires specified FY2018 Military Construction--Defense-Wide funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2018 to be immediately available and allotted to contract for the full scope of authorized projects.

(Sec. 131) Provides additional appropriations for the Defense Access Road Program.

TITLE II--DEPARTMENT OF VETERANS AFFAIRS

Provides appropriations to the Veterans Benefits Administration (VBA) for:

  • Compensation and Pensions,
  • Readjustment Benefits,
  • Veterans Insurance and Indemnities,
  • the Veterans Housing Benefit Program Fund,
  • the Vocational Rehabilitation Loans Program Account,
  • the Native American Veteran Housing Loan Program Account, and
  • General Operating Expenses.

Provides appropriations to the Veterans Health Administration (VHA) for:

  • Medical Services,
  • Medical Community Care,
  • Medical Support and Compliance,
  • Medical Facilities, and
  • Medical and Prosthetic Research.

Provides appropriations to the National Cemetery Administration.

Provides appropriations to the VA for Departmental Administration, including:

  • General Administration,
  • the Board of Veterans Appeals,
  • Information Technology Systems,
  • the Veterans Electronic Health Record,
  • the Office of Inspector General,
  • Construction--Major Projects,
  • Construction--Minor Projects,
  • Grants for Construction of State Extended Care Facilities, and
  • Grants for Construction of Veterans Cemeteries.

Withholds specified VHA construction funds until the VA:

  • enters an agreement with a non-VA federal entity to serve as the design and/ or construction agent for any VHA major construction project that exceeds $100 million, and
  • certifies in writing that an agreement is executed to minimize or prevent subsequent major construction project cost overruns.

(Sec. 201) Specifies transfer authorities and requirements for the VBA.

(Sec. 202) Specifies transfer authorities and requirements for the VHA.

(Sec. 203) Permits appropriations for salaries and expenses to be used for employment of temporary or intermittent experts and consultants, hire of passenger vehicles, lease of a facility or land or both, and uniforms.

(Sec. 204) Prohibits appropriations in this title other than Construction--Major Projects and Construction--Minor Projects from being used for land acquisition or construction of any new hospital or home.

(Sec. 205) Requires the VA to be reimbursed for medical services it provides to any person not defined as a beneficiary under specified laws.

(Sec. 206) Permits appropriations provided by this title for Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities to be used for payment of prior year accrued obligations for the accounts recorded in the last quarter of FY2017.

(Sec. 207) Permits appropriations provided by this title to be used to pay specified prior year obligations. Requires obligations from trust fund accounts to be paid only from the Compensation and Pensions account.

(Sec. 208) Requires the VA to use surplus earnings from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund to reimburse the General Operating Expenses--Veterans Benefits Administration and Information Technology Systems accounts for the costs to administer the insurance programs during FY2018.

(Sec. 209) Permits amounts deducted from enhanced-use lease proceeds for reimbursement of expenses from a prior year to be obligated in the year in which the proceeds are received.

(Sec. 210) Permits funds provided by this title for salaries and other administrative expenses to be used to reimburse the following offices, subject to specified limits:

  • the Office of Resolution Management,
  • the Office of Employment Discrimination Complaint Adjudication,
  • the Office of Accountability and Whistleblower Protection, and
  • the Office of Diversity and Inclusion.

(Sec. 211) Requires the VA to collect third-party reimbursement information prior to providing hospital care, nursing home care, or medical services for a non-service connected disability. Permits the VA to recover reasonable charges for care from anyone who has not provided the required disclosures.

(Sec. 212) Permits enhanced-use leasing revenues to be deposited into the Construction--Major Projects and Construction--Minor Projects accounts to be used for construction, alterations, and improvements of VA medical facilities.

(Sec. 213) Permits funds provided for Medical Services to be used for: (1) furnishing recreational facilities, supplies, and equipment; and (2) funeral and burial expenses.

(Sec. 214) Permits funds deposited in the Medical Care Collections Fund to be transferred to the Medical Services and Medical Community Care accounts and remain available until expended for the purposes of those accounts.

(Sec. 215) Permits the VA to enter into agreements with Federally Qualified Health Centers in Alaska and Indian tribes and tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. Defines "rural Alaska" as those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough.

(Sec. 216) Permits funds deposited into the Department of Veterans Affairs Capital Asset Fund to be transferred to the Construction--Major Projects and Construction--Minor Projects accounts to remain available until expended.

(Sec. 217) Requires the VA to report quarterly to Congress on the financial status of the VA.

(Sec. 218) Permits specified FY2018 VA funds to be transferred to or from the Information Technology Systems account if approved by Congress.

(Sec. 219) Permits specified FY2018 VA funds provided for medical accounts, Construction--Minor Projects, and Information Technology Systems to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.

(Sec. 220) Permits specified FY2019 VA advance funding provided for medical accounts to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.

(Sec. 221) Permits transfers from the Medical Care Collections Fund to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for the operation of combined federal medical facilities.

(Sec. 222) Requires specified funds from the Medical Services, Medical Support and Compliance, and Medical Facilities accounts to be transferred to the DOD-VA Health Care Sharing Incentive Fund to remain available until expended.

(Sec. 223) Prohibits the VA from using funds to replace the current system that the Veterans Integrated Service Networks use to select and contract for diabetes monitoring supplies and equipment.

(Sec. 224) Directs the VA to notify Congress of all bid savings in major construction projects that total at least $5 million or 5% of the programmed amount of the project, whichever is less.

(Sec. 225) Prohibits funds provided for the Construction--Major projects account from being used to increase the scope of a project above the original budget request without congressional approval.

(Sec. 226) Requires the VA to submit to Congress a quarterly report containing performance measures and data from each VBA regional office.

(Sec. 227) Directs the VA to notify Congress before organizational changes that result in the transfer of 25 or more full-time equivalent staff from one organizational unit to another.

(Sec. 228) Requires the VA to report to Congress quarterly regarding any single national outreach and awareness marketing campaign exceeding $2 million.

(Sec. 229) Permits the VA to transfer funds to the Medical Services account if the transfer is necessary to address the needs of the VHA, meets specified requirements, and is approved by the Office of Management and Budget and Congress.

(Sec. 230) Permits FY2018 funds provided for the Board of Veterans Appeals and General Operating Expenses--Veterans Benefits Administration to be transferred between those accounts if Congress approves the transfer.

(Sec. 231) Prohibits the VA from reprogramming more than $7 million in funds among major construction projects or programs without congressional approval.

(Sec. 232) Requires the VA to ensure that the toll-free suicide hotline authorized under current law: (1) provides individuals who contact the hotline with immediate assistance from a trained professional, and (2) adheres to all requirements of the American Association of Suicidology.

Prohibits funds provided by this division from being used to enforce or otherwise carry out any executive action that prohibits the VA from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, with respect to the hotline.

(Sec. 233) Prohibits funds from being used to close or diminish services at certain VA medical facilities until the VA submits to Congress a national realignment strategy.

(Sec. 234) Permits the VA to use a passenger carrier to transport employees between a parking facility and the VA medical facility where the employee works.

(Sec. 235) Requires the VA to use the breast cancer screening guidelines issued on May 10, 2017, by the Veterans Health Administration National Center for Health Promotion and Disease Prevention.

(Sec. 236) Permits VA Medical Services funds to be used to provide: (1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran, or (2) adoption reimbursement to a covered veteran. Defines a "covered veteran" as a veteran who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.

(Sec. 237) Rescinds specified funds from the VHA's Medical Services account that were provided by the Consolidated Appropriations Act, 2016.

(Sec. 238) Prohibits funds from being used to: (1) convert to contractor performance an activity or function performed by more than 10 federal employees unless the conversion is based on the result of a public-private competition and meets specified criteria, or (2) conduct studies comparing the costs of private and government provision of certain VHA products and services without a specific appropriation for that purpose.

(Sec. 239) Specifies that certain requirements regarding the conversion of an activity of an executive agency to contractor performance by a business concern do not apply to the conversion of an activity or function of the VHA, the VBA or the National Cemetery Administration to contractor performance by a business concern that is at least 51% owned by one or more Indian tribes or Native Hawaiian Organizations.

(Sec. 240) Requires the VA to discontinue using Social Security numbers to identify individuals in all VA information systems. Includes an exception if the number is required to obtain information from an information system that is not under the jurisdiction of the VA.

(Sec. 241) Applies requirements regarding the certification of VA marriage and family therapists to funds provided to the Medical Services account for FY2018 and FY2019.

(Sec. 242) Prohibits the VA from transferring funds from the Filipino Veterans Equity Compensation Fund to any other VA account.

(Sec. 243) Rescinds specified unobligated Construction--Major Projects funds that were provided by the Consolidated Appropriations Act, 2014 and reappropriates the funds to extend the availability of the funding through FY2023.

Rescinds specified unobligated Construction--Major Projects funds that were provided by the Consolidated and Further Continuing Appropriations Act, 2015 and reappropriates the funds to extend the availability of the funding through FY2024.

(Sec. 244) Provides specified funds from the Medical Services account to carry out and expand to each VA medical center the pilot program for providing child care assistance to veterans receiving health care.

(Sec. 245) Amends the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001 to modify requirements for the VA's program to provide chiropractic care and services to veterans.

(Sec. 246) Requires the VA to carry out a pilot program to provide educational assistance to certain former members of the Armed Forces for education and training as VA physician assistants.

(Sec. 247) Applies to FY2018 and FY2019 VA funds a provision specifying identifying information that may be used to verify the status of coastwise merchant seamen who served during World War II for the purposes of eligibility for medals, ribbons, or other military decorations.

(Sec. 248) Permits the VA to use funds provided by this title to ensure that the ratio of veterans to full-time employment equivalents within any rehabilitation program does not exceed 125 veterans to one full-time employment equivalent.

Requires the VA to report to Congress on rehabilitation programs including: (1) an assessment of the veteran-to-staff ratio for each program, and (2) recommendations to reduce the veteran-to-staff ratio for each program.

(Sec. 249) Prohibits the VA from using funds provided by this title to enter into an agreement related to resolving a dispute or claim with an individual that would restrict the individual from speaking to Members of Congress or their staff on any topic not otherwise prohibited from disclosure or required by federal law or executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.

(Sec. 250) Applies to FY2018 and FY2019 funds, a provision that requires certain details to be included in the budget justification documents submitted for the Construction--Major Projects account.

(Sec. 251) Modifies the eligibility requirements for burial at National Cemetery Administration cemeteries to include any individual who was naturalized pursuant to specified provisions of the Hmong Veterans' Naturalization Act and resided in the United States at the time of death.

(Sec. 252) Permits the VA to carry out a two-year pilot program to make grants to nonprofit veterans services organizations (VSOs) to upgrade, through construction and repair, VSO community facilities into health and wellness centers and to promote and expand complementary and integrative wellness programs.

(Sec. 253) Specifies requirements for the priority order of certain 2017 and 2018 state projects funded from the Grants for Construction of State Extended Care Facilities account.

(Sec. 254) Prohibits funds provided by this division from being used to conduct research using canines unless: (1) the scientific objectives of the study can only be met by research with canines, (2) the study has been directly approved by the Secretary of Veterans Affairs, and (3) the study is consistent with the revised VA canine research policy document. Specifies reporting requirements for canine research.

(Sec. 255) Provides additional appropriations to the VA for infrastructure improvements, including new construction, for: (1) VHA Medical Facilities, (2) Construction--Minor Projects, and (3) Grants for Construction of State Extended Care Facilities.

(Sec. 256) Specifies requirements for paying the costs of contract disability examinations within the Compensation and Pensions account.

(Sec. 257) Prohibits funds provided by this division from being used to charge a veteran a fee for a veterans identification card.

(Sec. 258) Requires the VA to furnish mental and behavior health care services to former member of the Armed Forces that meet specified criteria.

(Sec. 259) Specifies requirements for a process for veterans to appeal character of service determinations.

TITLE III--RELATED AGENCIES

Provides appropriations for related agencies, including:

  • the American Battle Monuments Commission;
  • the U.S. Court of Appeals for Veterans Claims;
  • Cemeterial Expenses of the Army, including Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery; and
  • the Armed Forces Retirement Home.

(Sec. 301) Permits funds for Cemeterial Expenses--Army to be provided to Arlington County, Virginia, to relocate a federally owned water main at Arlington National Cemetery to make additional land available for ground burials.

(Sec. 302) Permits funds from concessions at Army National Military Cemeteries to be used to support activities at the cemeteries.

TITLE IV--OVERSEAS CONTINGENCY OPERATIONS

Provides appropriations to DOD for Overseas Contingency Operations Military Construction projects for the:

  • Army,
  • Navy and Marine Corps,
  • Air Force, and
  • Defense-Wide agencies and activities.

Designates the amounts provided in this title as for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985.

(Sec. 401) Specifies that funds designated in this division by Congress for Overseas Contingency Operations/Global War on Terrorism are only available if the President subsequently designates the amounts and transmits the designations to Congress.

(Sec. 402) Requires DOD to: (1) submit to Congress a future years defense program for funds appropriated to DOD for construction projects related to European Reassurance Initiative and European Deterrence Initiative beginning in FY2018 and for each year that funding is requested for either initiative, and (2) submit the future years defense program with each fiscal year budget submission.

TITLE V--GENERAL PROVISIONS

(Sec. 501) Prohibits the obligation of funds in this division beyond the current fiscal year unless expressly permitted in this division.

(Sec. 502) Prohibits the use of funds provided by this division for programs, projects, or activities not in compliance with federal laws related to risk assessment, the protection of private property rights, or unfunded mandates.

(Sec. 503) Encourages all departments and agencies funded in this division to expand their use of "E-Commerce" technologies and procedures.

(Sec. 504) Specifies the congressional committees that are to receive all reports and notifications required by this division.

(Sec. 505) Prohibits the transfer of funds to any part of the U.S. government without authority provided by an appropriations law.

(Sec. 506) Prohibits funds provided by this division from being used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the U.S. House of Representatives.

(Sec. 507) Requires agencies to post reports submitted to Congress on the public website of the agency. Includes exceptions for national security and confidential or proprietary information.

(Sec. 508) Prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 509) Prohibits the use of funds provided by this division for first-class travel by an employee of the executive branch.

(Sec. 510) Prohibits the use of funds provided by this division for any contract where the contractor has not complied with E-Verify requirements for verification of eligibility for employment.

(Sec. 511) Prohibits DOD or the VA from using funds provided by this division to purchase or lease a new vehicle except in accordance with Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011.

(Sec. 512) Prohibits the use of funds provided by this division for the renovation, expansion, or construction of any facility in the United States to house any individual detained at the U.S. Naval Station at Guantanamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of DOD. Includes an exception for modification to the facility at Guantanamo Bay.

DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2018

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018

This division provides FY2018 appropriations for diplomatic and international assistance programs, including the Department of State, the U.S. Agency for International Development and related agencies and programs.

The division includes funding for the administration of foreign affairs, U.S. contributions to international organizations and commissions, bilateral economic assistance, international security assistance, multilateral assistance, and export and investment assistance.

The division also includes additional Overseas and Contingency Operations (OCO)/ Global War on Terrorism funding which is exempt from discretionary spending limits.

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY

Provides appropriations to the Department of State for the Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Capital Investment Fund;
  • the Office of Inspector General;
  • Educational and Cultural Exchange Programs;
  • Representation Expenses;
  • Protection of Foreign Missions and Officials;
  • Embassy Security, Construction, and Maintenance;
  • Emergencies in the Diplomatic and Consular Service;
  • the Repatriation Loans Program Account;
  • Payment to the American Institute in Taiwan;
  • the International Center, Washington, District of Columbia; and
  • Payment to the Foreign Service Retirement and Disability Fund.

Provides appropriations for International Organizations for: (1) Contributions to International Organizations, and (2) Contributions for International Peacekeeping Activities.

Provides appropriations for International Commissions, including:

  • the International Boundary and Water Commission, United States and Mexico;
  • Salaries and Expenses;
  • Construction;
  • American Sections, International Commissions; and
  • International Fisheries Commissions.

Provides appropriations to the Broadcasting Board of Governors for: (1) International Broadcasting Operations, and (2) Broadcasting Capital Improvements.

Provides appropriations for Related Programs, including:

  • the Asia Foundation,
  • the U.S. Institute of Peace,
  • the Center for Middle Eastern-Western Dialogue Trust Fund,
  • the Eisenhower Exchange Fellowship Program,
  • the Israeli Arab Scholarship Program,
  • the East-West Center, and
  • the National Endowment for Democracy.

Provides appropriations for Other Commissions, including:

  • the Commission for the Preservation of America's Heritage Abroad,
  • the U.S. Commission on International Religious Freedom,
  • the Commission on Security and Cooperation in Europe,
  • the Congressional-Executive Commission on the People's Republic of China, and
  • the United States-China Economic and Security Review Commission.

TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Provides appropriations to the U.S. Agency for International Development (USAID) for:

  • Operating Expenses,
  • the Capital Investment Fund, and
  • the Office of Inspector General.

TITLE III--BILATERAL ECONOMIC ASSISTANCE

Provides appropriations to the President for:

  • Global Health Programs;
  • Development Assistance;
  • International Disaster Assistance;
  • Transition Initiatives;
  • the Complex Crises Fund;
  • Development Credit Authority;
  • the Economic Support Fund;
  • the Democracy Fund; and
  • Assistance for Europe, Eurasia, and Central Asia.

Provides appropriations to the State Department for: (1) Migration and Refugee Assistance, and (2) the U.S. Emergency Refugee and Migration Assistance Fund.

Provides appropriations to Independent Agencies, including:

  • the Peace Corps,
  • the Millennium Challenge Corporation,
  • the Inter-American Foundation, and
  • the U.S. African Development Foundation.

Provides appropriations to the Department of the Treasury for International Affairs Technical Assistance.

TITLE IV--INTERNATIONAL SECURITY ASSISTANCE

Provides appropriation to the State Department and the President for International Security Assistance.

Provides appropriations to the State Department for:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs; and
  • Peacekeeping Operations.

Provides appropriations to the President for: (1) International Military Education and Training, and (2) the Foreign Military Financing Program.

TITLE V--MULTILATERAL ASSISTANCE

Provides appropriations to the President for International Organizations and Programs.

Provides appropriations for International Financial Institutions, including payments to:

  • the International Bank for Reconstruction and Development as trustee for the Global Environmental Facility,
  • the International Development Association,
  • the Asian Development Fund,
  • the African Development Bank,
  • the African Development Fund, and
  • the International Fund for Agricultural Development.

TITLE VI--EXPORT AND INVESTMENT ASSISTANCE

Provides appropriations for Export and Investment Assistance to:

  • the Export-Import Bank of the United States,
  • the Overseas Private Investment Corporation, and
  • the Trade and Development Agency.

TITLE VII--GENERAL PROVISIONS

(Sec. 7001) Permits funds provided by title I of this division to be used for allowances and differentials, the employment of temporary or intermittent experts and consultants, and for hire of passenger transportation.

(Sec. 7002) Requires agencies funded by this division to submit to Congress reports on unobligated balances.

(Sec. 7003) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law.

(Sec. 7004) Requires the State Department to notify Congress of each instance in which a federal department or agency is delinquent in providing the full amount of funding required with respect to the share of the costs of constructing and using new diplomatic facilities. Includes an exception for the U.S. Marine Corps.

Sets forth congressional notification and consultation requirements with respect to the use of funds for the acquisition of property or award of construction contracts for overseas diplomatic facilities.

Permits Embassy Security, Construction, and Maintenance funds provided by this division to be used to address security vulnerabilities at interim and temporary facilities abroad, subject to specified requirements.

Requires congressional notification and consultation prior to the opening, closure, or any significant modification to an interim or temporary diplomatic facility.

Permits specified funds to be transferred to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements, subject to congressional notification and consultation requirements.

Requires specified Embassy Security, Construction, and Maintenance funds to be used for security upgrades to soft targets.

Prohibits the State Department from approving construction of a new facility or substantial construction to improve or expand an existing facility in the United States by or for China until it certifies that an agreement has been reached with China that permits secure resupply, maintenance, and new construction of U.S. facilities in China.

Withholds specified Peacekeeping Operations funds provided by this division for the government of the Democratic Republic of the Congo until the State Department certifies that the government has fully vacated the property purchased by the United States in Kinshasa for the construction of a new embassy compound.

Prohibits specified funds from being used for site acquisition and mitigation, planning, design, or construction of the new London Embassy in the United Kingdom.

Sets forth reporting requirements for specified projects, including the new Mexico City Embassy, the New Delhi Embassy and the new Beirut Embassy.

(Sec. 7005) Requires costs incurred by departments or agencies funded in title I of this division due to personnel actions in response to funding reductions included in this division to be absorbed within the resources available under title I. Permits the transfer of funds between accounts to comply with this section, subject to reprogramming procedures.

(Sec. 7006) Specifies reporting requirements and restrictions regarding the use of funds for certain improvements to financial systems, the Working Capital Fund, and sole-source awards.

(Sec. 7007) Prohibits the use of funds provided by titles III through VI of this division to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria. Specifies that the prohibition includes direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.

(Sec. 7008) Prohibits the use of funds provided by titles III through VI of this division to finance directly any assistance to the government of a country whose duly elected head of government is deposed by a military or military-supported coup or decree. Includes exceptions if a democratically elected government has taken office and for assistance to promote democratic elections.

(Sec. 7009) Sets forth limitations, conditions, and reporting requirements for the transfer of funds between appropriations accounts and agencies.

(Sec. 7010) Prohibits funds provided by this division from being used for:

  • first class travel by employees of agencies funded by this division;
  • certain computer networks unless access to pornography is blocked; or
  • promoting the sale or export of tobacco or tobacco products, or for seeking the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.

(Sec. 7011) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year unless expressly provided in this division, subject to specified exceptions.

(Sec. 7012) Prohibits funds provided by titles III through VI of this division from being used for assistance to the government of any country in default in excess of a year on payments on a U.S. loan unless the President determines the assistance is in the U.S. national interest.

(Sec. 7013) Prohibits funds provided by titles III through VI of this division from being used to provide assistance to a country unless the assistance is exempt from taxation, or is reimbursed, by the foreign government unless the State Department makes certain determinations regarding U.S. foreign policy interests. Includes an exception for de minimis taxes.

Requires funds that are withheld pursuant to this section to be reprogrammed for assistance for countries that: (1) do not assess taxes on U.S. assistance or that have an arrangement to provide substantial reimbursement of such taxes, and (2) can reasonably accommodate the assistance in a programmatically responsible manner.

(Sec. 7014) Permits specifically designated appropriations provided by titles III through VI of this division to be reprogrammed for other programs within the same account if compliance with the designation is made impossible due to a provision in this or any other Act.

Extends the availability of program-specific appropriations for one fiscal year if the State Department or the USAID reports to Congress that the termination of assistance to a country or a change in circumstances makes it unlikely that funds can be used during the original period of availability.

Provides that: (1) ceilings and specific funding levels included in this division are not applicable to funds provided by subsequent bills, and (2) specific funding levels or minimum funding requirements contained in other Acts are not applicable to funds provided by this division.

(Sec. 7015) Sets forth congressional notification requirements and procedures regarding the use, reprogramming, transfer, or withholding of funds provided by this division.

(Sec. 7016) Requires the Department of Defense (DOD) to notify Congress before: (1) providing certain excess defense articles under the Foreign Assistance Act of 1961, or (2) issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.

(Sec. 7017) Provides that: (1) certain funds that are provided by this division and are returned or not made available for organizations and programs under requirements under current law to withhold the U.S. proportionate share of programs for certain countries and organizations, shall remain available through FY2019, and (2) specified requirements to withhold funds for programs in Burma (Myanmar) do not apply to funds provided by this division.

(Sec. 7018) Prohibits funds provided to carry out part I of the Foreign Assistance Act of 1961 from being used for abortions and involuntary sterilization.

(Sec. 7019) Requires funds provided by this division to be made available for programs and countries in the amounts contained in the tables in the explanatory statement regarding this division. Permits certain deviations from the amounts and specifies requirements and restrictions for the deviations.

(Sec. 7020) Prohibits certain funds from being used to pay for alcoholic beverages or entertainment expenses for recreational activities.

(Sec. 7021) Prohibits specified funds from being used for assistance to governments that support international terrorism.

(Sec. 7022) Permits funds provided by this division for the Trade and Development Agency to be spent, notwithstanding specified provisions that prohibit the obligation of funds for certain foreign assistance, intelligence, and broadcasting activities without a specific authorization of appropriations.

(Sec. 7023) Defines the terms "program," "project," and "activity" for the purposes of this division.

(Sec. 7024) Provides authority for activities of the Peace Corps, the Inter-American Foundation, and the U.S. African Development Foundation that are authorized by or conducted under specified statutes.

(Sec. 7025) Prohibits specified funds provided by this division from being used for activities related to establishing or expanding the production of any commodity for export by foreign countries if the commodity is likely to be in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of the same, similar, or competing commodity, subject to specified exceptions.

Prohibits specified funds provided by this division from being used for or any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States. Specifies exceptions.

Directs Treasury to instruct the U.S. executive directors of the international financial institutions to oppose assistance for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.

(Sec. 7026) Directs the USAID to require countries that receive foreign assistance that results in the generation of local currencies or cash transfers to maintain the funds in separate accounts used to finance foreign assistance activities. Sets forth conditions and restrictions for the use of the funds.

(Sec. 7027) Specifies that restrictions on assistance for a country included in this or any other Act should not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations, and (2) under the Food for Peace Act.

Provides that this section does not alter prohibitions against funding for abortions, involuntary sterilizations, and countries that support international terrorism or violate human rights.

(Sec. 7028) Sets forth the conditions under which the USAID may use funds provided by this division for limited competitions through local entities.

(Sec. 7029) Requires the Department of the Treasury to instruct the U.S. executive director of certain international financial institutions to seek to require the institutions to meet specified requirements regarding:

  • evaluations and reports on the effectiveness of loans, grants, and other activities;
  • human rights;
  • fraud and corruption;
  • beneficial ownership information; and
  • whistle-blower protections.

Requires the Department of the Treasury to direct the U.S. executive directors of the International Bank for Reconstruction and Development and the International Development Association to vote against any loan, grant, policy, or strategy if the institution has adopted and is implementing any social or environmental safeguard relevant to the loan, grant, policy, or strategy that provides less protection than specified World Bank safeguards.

Requires Treasury to instruct the U.S. executive directors of financial institutions to vote against loans or financing for projects unless the projects:

  • meet requirements for accountability and transparency;
  • will be developed and carried out in accordance with best practices regarding environmental conservation, cultural protection, and empowerment of local populations;
  • do not provide incentives for, or facilitate, forced displacement; and
  • do not partner with or otherwise involve enterprises owned or controlled by the Armed Forces.

Prohibits funds provided under title V of this division from being used for international financial institutions while the U.S. executive director is compensated above specified levels.

(Sec. 7030) Permits nongovernmental organizations that are USAID grantees or contractors to place local currencies which accrue to the organization as a result of economic assistance provided by title III of this division in interest bearing accounts in order to enhance the organization's participation in debt-for-development and debt-for-nature exchanges.

(Sec. 7031) Limits direct government-to-government assistance to recipient agencies and ministries that meet specified requirements regarding financial management, budget transparency, corruption, foreign terrorist organizations, and human rights violations.

Sets forth congressional reporting, notification, consultation requirements regarding government-to-government assistance.

Requires the suspension of direct government-to-government assistance if the State Department or USAID has credible information of the material misuse of the assistance, unless it is in the national interest to continue the assistance or the misuse has been appropriately addressed.

Prohibits funds provided by this division from being used by foreign countries for debt service payments to any international financial institution.

Requires the State Department to continue to update and strengthen the minimum requirements of fiscal transparency for each government receiving assistance provided by this division.

Specifies that officials of foreign governments and their immediate family members who have been involved in significant corruption or a gross violation of human rights are ineligible for entry into the United States, subject to specified exceptions and waivers.

Permits funds provided by this division to be used to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources.

Requires Treasury to inform international financial institutions of the U.S. policy of voting against assistance to countries for the extraction and export of natural resources unless certain requirements regarding public disclosures, accounting, and auditing are met.

Permits funds provided by this division to be used to support the provision of additional information on U.S. foreign assistance on the Department of State foreign assistance website.

(Sec. 7032) Provides specified funds for democracy programs and specifies requirements for the allocation of the funds.

(Sec. 7033) Provides appropriations for specified programs related to promoting international religious freedom.

(Sec. 7034) Permits specified funds provided by this division to be used for:

  • victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking;
  • programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organization;
  • the World Food Program;
  • genocide victims memorial sites;
  • grants regarding the application of science and technology to foreign policy;
  • innovation incentive awards to encourage solutions related to the alleviation of poverty;
  • the Cultural Antiquities Task Force;
  • a partner vetting program to mitigate the risk of diversion of foreign assistance;
  • contingencies; and
  • loan guarantees for Jordan, Ukraine, Iraq, and Tunisia.

Prohibits specified funds provided by this division from being used for:

  • supporting military training or operations that include child soldiers;
  • certain crowd control items for foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing democratic transition.;
  • modifying the Exchange Visitor Program except through a formal rulemaking process; and
  • the preservation of religious sites unless the sites are historically, artistically, or culturally significant; the purpose of the project is neither to advance nor to inhibit the free exercise of religion; and the project is in the U.S. national interest.

Requires specified funds provided by this division to be used for:

  • forensic anthropology assistance relating to the exhumation of mass graves and identification of victims of war crimes and crimes against humanity;
  • DNA forensic technology programs to combat human trafficking in Central America and Mexico;
  • assistance to eliminate inhumane conditions in foreign prisons and other detention facilities;
  • assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds appropriated by this division;
  • combat casualty training and equipment; and
  • the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union.

Permits specified funds provided under the Foreign Assistance Act of 1961 to support a nation emerging from instability to include support for a regional, district, municipal, or other sub-national entity emerging from instability.

Requires the State Department to report to Congress on funds spent during FY2017 for specified accounts related to security assistance.

Requires specified Foreign Military Financing Program funds to be used to increase the efficiency and effectiveness of sales programs authorized by the Arms Export Control Act.

Requires the State Department to withhold specified funds for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions.

Permits the State Department to transfer specified funds provided for Protection of Foreign Missions and Officials and Diplomatic and Consular Programs.

Extends or provides authorities related to:

  • passport fees;
  • incentives for critical posts;
  • the USAID civil service annuitant waiver;
  • overseas pay comparability and limitation;
  • refugee set-asides for nationals of the former Soviet Union, Estonia, Latvia, or Lithuania who are current, active members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church;
  • status to a lawfully admitted permanent resident for certain aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia;
  • the inspector general annuitant waiver; and
  • war reserves stock pile authority.

Permits funds available in the HIV/AIDS Working Capital Fund to be used for pharmaceuticals and other products for child survival, malaria, and tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other products.

(Sec. 7035) Expresses the sense of Congress on the Arab League boycott of Israel.

(Sec. 7036) Establishes limitations on the use of funds provided under titles III through VI of this division to support a Palestinian state.

(Sec. 7037) Restricts the use of funds provided by titles II through VI of this division to create a U.S. government office in Jerusalem to conduct U.S. government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles. Specifies that the restriction does not apply to the acquisition of additional space for the existing Consulate General in Jerusalem:

(Sec. 7038) Prohibits funds from being used for assistance to the Palestinian Broadcasting Corporation.

(Sec. 7039) Sets forth restrictions and requirements for assistance provided for the West Bank and Gaza.

(Sec. 7040) Restricts the use of specified funds provided by this division for assistance to the Palestinian Authority or Hamas.

(Sec. 7041) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in the Middle East and North Africa, including:

  • Egypt,
  • Iran,
  • Iraq,
  • Jordan,
  • Lebanon,
  • Libya,
  • Morocco,
  • Refugee Assistance in North Africa,
  • a strategy for U.S. engagement in North Africa,
  • the Relief and Recovery Fund,
  • Syria,
  • Tunisia, and
  • the West Bank and Gaza.

(Sec. 7042) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in Africa, including:

  • the African Great Lakes region,
  • addressing the terrorist organization Boko Haram,
  • the Central African Republic,
  • Ethiopia,
  • the Lake Chad Basin Countries,
  • areas affected by the Lord's Resistance Army,
  • Malawi,
  • South Sudan,
  • Sudan, and
  • Zimbabwe.

(Sec. 7043) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in East Asia and the Pacific, including:

  • Burma (Myanmar),
  • Cambodia,
  • North Korea,
  • the People's Republic of China,
  • the Philippines,
  • Tibet, and
  • Vietnam.

(Sec. 7044) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in South and Central Asia, including:

  • Afghanistan.
  • Nepal,
  • Pakistan,
  • Sri Lanka, and
  • Regional Programs.

(Sec. 7045) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in Latin America and the Caribbean, including:

  • implementing the U.S. Strategy for Engagement in Central America;
  • El Salvador, Guatemala, and Honduras;
  • Colombia;
  • Cuba;
  • Haiti; and
  • Venezuela.

(Sec. 7046) Requires specified funds to be made available for assistance for Ukraine and Georgia.

Prohibits funds provided by this division from being made available for a government of an independent state of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other independent state of the former Soviet Union, subject to a waiver for national security.

Specifies exceptions to restrictions on providing assistance to the government of Azerbaijan.

Prohibits funds provided by this division from being used to facilitate or support the sale of certain defense articles or defense services to the Turkish Presidential Protection Directorate (TPDD) under the Arms Export Control Act unless specified requirements are met.

(Sec. 7047) Permits the President to draw down specified funds to support U.N. war crimes tribunals or commissions resolving charges regarding genocide or other violations of international humanitarian law.

(Sec. 7048) Limits the use of funds provided by this division for contributions to the U.N. or the Organization of American States until specified transparency and accountability measures are taken by the organizations, subject to a waiver for a humanitarian crisis.

Prohibits funds provided by this division from being used for:

  • any U.S. delegation or contribution to any specialized agency, body, or commission of the U.N. that is chaired or presided over by a country that supports international terrorism;
  • the U.N. Human Rights Council unless the State Department determines and reports to Congress that participation in the council is in the U.S. national security interest and that the council is taking significant steps to remove Israel as a permanent agenda item; and
  • the design, renovation, or construction of the U.N. Headquarters in New York.

Prohibits funds provided by this division for Migration and Refugee Assistance from being used for the U.N. Relief and Works Agency (UNRWA) until the State Department makes specified certifications to Congress regarding the activities of the UNWRA, subject to a waiver for a humanitarian crisis.

Requires the State Department to report to Congress on funds available for contributions to any organization, department, agency, or program within the U.N. system or any international program that are withheld due to any provision of law.

Prohibits fund provided by titles III through VI of this division from being used for certain payments to U.N. members for assessments, arrearages, dues, or the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations.

Requires the State Department to withhold assistance to any unit of the security forces of a foreign country if the unit has engaged in acts of sexual exploitation or abuse, until the government of the country takes effective steps to bring the responsible members of the security forces to justice and to prevent future incidents.

Permits funds provided by this division to be used to implement requirements included in the Department of State Authorities Act, Fiscal Year 2017 for a U.S. strategy and implementation plan for combating sexual exploitation and abuse in U.N. peacekeeping operations.

Requires the State Department to withhold specified funds for a specialized agency or other entity of the U.N. if the agency or entity has taken an official action that is against the national security interest of the United States or an ally of the United States, including Israel.

(Sec. 7049) Permits funds provided by titles III and IV of this division to be used to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance.

(Sec. 7050) Specifies that funds provided by this division for the Economic Support Fund shall be made available for USAID programs and activities to address the needs and protect and promote the rights of people with disabilities in developing countries. Permits 5% of the funds made available by this section to be used for USAID management, oversight, and technical support.

(Sec. 7051) Prohibits the use of funds provided by this division for the attendance of more than 50 U.S.-stationed employees at any single conference outside the United States unless Congress is notified in advance that attendance is important to the national interest.

(Sec. 7052) Permits the transfer of certain aircraft between programs, including for the transportation of active and standby Civilian Response Corps personnel and equipment. Specifies requirements for aircraft coordination.

(Sec. 7053) Withholds specified assistance from foreign countries with unpaid property taxes or parking fines and penalties in the District of Columbia or New York City.

(Sec. 7054) Permits demining equipment available to the State Department or the USAID and used for the clearance of landmines and unexploded ordnance for humanitarian purposes to be disposed of on a grant basis in foreign countries. Restricts furnishing military assistance, issuing export licenses, and transferring or selling technology relating to cluster munitions.

(Sec. 7055) Prohibits funds provided by this division from being used for publicity or propaganda purposes within the United States that were not authorized before the enactment of this division. Permits the USAID to use specified funds to provide assistance to private and voluntary organizations engaged in facilitating public discussion of world hunger and other related issues.

(Sec. 7056) Requires the State Department to be responsible for: (1) the continuous supervision and general direction of economic assistance, law enforcement and justice sector assistance, military assistance, and military education and training programs; and (2) coordinating all assistance provided by the U.S. government to support international efforts to combat illicit narcotics production or trafficking.

(Sec. 7057) Permits the USAID to use specified funds provided by this division for:

  • hiring individuals in the United States and overseas on a limited appointment basis, subject to specified terms and conditions;
  • individuals detailed or employed to USAID to respond to disasters;
  • hiring personal services contractors in the United States to support new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained.

Permits extensions of up to four years for limited-appointment Foreign Service personnel.

Permits the USAID to provide exceptions to the fair opportunity process for placing task orders under multiple award indefinite-quantity contracts when the order is placed with a small or small disadvantaged business.

Continues the authority for the USAID to appoint into the Senior Foreign Service and employ up to 10 individuals for programs in Afghanistan or Pakistan.

(Sec. 7058) Permits funds provided by this division for bilateral assistance for child survival activities or disease programs, including activities relating to HIV/AIDS, to be made available notwithstanding any other provision of law except for provisions under the heading "Global Health Programs" and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003.

Withholds specified funds from the Global Fund to Fight AIDS, Tuberculosis, and Malaria until the State Department reports to Congress that the fund is:

  • implementing a policy of transparency,
  • providing resources to maintain an independent Office of Inspector General,
  • protecting whistle-blowers from retaliation, and
  • implementing recommendations contained in the Consolidated Transformation Plan.

Provides specified funds for responding to contagious infectious disease outbreaks.

(Sec. 7059) Provides specified funds for programs related to::

  • gender equality;
  • women's leadership;
  • gender-based violence;
  • empowering women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition;
  • ensuring the equitable provision of relief and recovery assistance to women and girls; and
  • women and girls at risk from extremism and conflict.

(Sec. 7060) Allocates specified funds for:

  • basic and higher education,
  • development programs,
  • environment programs,
  • food security and agricultural development,
  • microenterprise and microfinance,
  • programs to combat trafficking in persons,
  • reconciliation programs, and
  • water and sanitation.

(Sec. 7061) Permits specified funds provided by title III of this division to be transferred to the Overseas Private Investment Corporation Account. Prohibits the funds from being used for administrative expenses.

(Sec. 7062) Prohibits funds provided by this division from being used to implement the Arms Trade Treaty until the Senate ratifies the treaty.

(Sec. 7063) Requires agencies funded by this division to provide an Inspector General with timely access to all records, documents, and other materials. Requires each Inspector General funded by this division to: (1) comply with statutory limitations on the disclosure of information provided by departments and agencies, and (2) report to Congress regarding failures by any U.S. department or agency to provide its Inspector General with access to all requested records, documents, and other materials.

(Sec. 7064) Requires the State Department to notify Congress after concluding an agreement with a country to receive individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo). Requires the notification to include the terms of the agreement, including whether appropriations will be used. Requires the State Department to report to Congress regarding negotiations with foreign governments regarding the transfer of individuals detained at Guantanamo.

(Sec. 7065) Prohibits funds provided by this division from being used to make any pledge for future year funding for multilateral or bilateral programs funded in titles III through VI unless the pledge was justified in a congressional budget justification, the pledge was included in an appropriations Act, and congressional notification or consultation requirements have been met.

(Sec. 7066) Prohibits funds provided by this division from being used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the U.S. government.

(Sec. 7067) Prohibits the use of certain funds provided by this division to assist the governments of certain countries that have refused to extradite to the United States any individual indicted for: (1) a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole, or (2) killing a law enforcement officer. Specifies exceptions and permits the State Department to waive the restrictions based on the national interest.

(Sec. 7068) Permits financing to be provided to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for commercial leasing of certain defense articles from U.S. commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for providing the articles by commercial lease rather than by government-to-government sale.

(Sec. 7069) Requires the State Department of the USAID to jointly submit to Congress a five-year budget estimate for implementing the "Joint Strategic Plan for the Department of State and the United States Agency for International Development, FY 2018-2022."

Requires the USAID to submit to Congress an implementation plan on country transitions from assistance.

(Sec. 7070) Prohibits funds provided by this division from being used for assistance for the central government of: (1) the Russian Federation, or (2) a country that has taken affirmative steps intended to support the Russian Federation annexation of Crimea or other territory in Ukraine. Permits a waiver for the national interest.

Prohibits funds provided by this division from being used for:

  • implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other territory in Ukraine;
  • facilitation, financing, or guarantee of U.S. government investments in Crimea or other territory in Ukraine if the activity includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities; or
  • assistance for Crimea or other territory in Ukraine that includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities.

Requires Treasury to instruct the U.S. executive directors of each international financial institution to vote against any assistance by such institution for any program that violates the sovereignty or territorial integrity of Ukraine.

Specifies that the requirements and limitations described above shall cease to be in effect if the government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of Russian-backed separatists.

Prohibits funds provided by this division from being used for: (1) assistance for the central government of a country that has recognized the independence of, or has established diplomatic relations with, the Russian occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia, or (2) support for the Russian occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia.

Requires Treasury to instruct the U.S. executive directors of each international financial institution to vote against any assistance by such institution for any program that violates the sovereignty and territorial integrity of Georgia.

Permits specified funds to be used for: (1) assistance to counter Russian influence and aggression in countries in Europe and Eurasia, and (2) to advance the implementation of Association Agreements and trade agreements with the European Union (EU), and to reduce their vulnerability to external economic and political pressure from Russia.

Permits funds provided by this division to be used to support: (1) support democracy programs in Russia including to promote Internet freedom, and (2) the democracy and rule of law strategy required under current law.

(Sec. 7071) Extends certain International Monetary Fund (IMF) transparency, accountability, and lending requirements to this division. Directs Treasury to instruct the U.S. Executive Director of the IMF to ensure that any loan will be repaid to the IMF before other private creditors.

(Sec. 7072) Specifies funds that may be obligated for the purposes of the Special Defense Acquisition Fund, including the provision of defense articles and defense services to foreign countries or international organizations.

(Sec. 7073) Permits certain funds provided by this division to be used for:

  • programs and activities to counter and defeat violent extremism and foreign fighters abroad,
  • countries impacted by significant populations of internally displaced persons or refugee,
  • for the U.S. Institute of Peace to develop a comprehensive plan to prevent the underlying causes of extremism in fragile states in the Sahel, Horn of Africa, and the Near East.

(Sec. 7074) Prohibits funds provided by titles III through VI of this division from being used for Enterprise Funds unless Congress is notified in advance. Establishes reporting requirements related to Enterprise Funds.

(Sec. 7075) Requires the head of the relevant agency to notify Congress if the President decides not to comply with any provisions of this division based on constitutional grounds. Requires the notification to include: (1) the basis for the determination, and (2) any resulting program and policy changes.

(Sec. 7076) Sets forth requirements for operating and reorganization plans, spending plans, spending reports, and congressional budget justifications for agencies funded by this division.

(Sec. 7077) Requires agencies to post reports required to be submitted to Congress on their public websites if it is in the national interest, subject to exceptions for national security or proprietary, privileged, or sensitive information.

Prohibits funds provided by this division from being used for email accounts or email servers created outside of the .gov domain or not fitted for automated records management as part of a federal government records management program. Establishes reporting and other requirements related to federal records management.

(Sec. 7078) Provides specified funds to be used for programs to promote Internet freedom globally, subject to specified requirements.

(Sec. 7079) Prohibits funds provided by titles III through VI of this division from being used for:

  • any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees,
  • assistance for any program that contributes to the violation of internationally recognized workers' rights in the recipient country,
  • any assistance to an entity outside the United States for the purpose of relocating or transferring jobs from the United States to other countries, or
  • to implement specified policies that would have the effect of prohibiting any coal-fired or other power-generation project the purpose of which is to: (1) provide affordable electricity in certain countries; and (2) increase U.S. exports of goods and services or prevent the loss of jobs from the United States

(Sec. 7080) Requires the Special Presidential Envoy for Hostage Affairs to: (1) review the practices of U.S. consular officers regarding assistance for U.S. citizens and nationals who are detained in countries where arbitrary arrest or the denial of due process is common, or the judicial system is not independent or is susceptible to corruption; and (2) provide recommendations to the State Department for modifying the guidance concerning the arrest and detention of U.S. citizens abroad in the Foreign Affairs Manual and Foreign Affairs Handbook.

(Sec. 7081) Prohibits funds provided for the Department of State, foreign operations, and related programs from being used to implement specified activities related to a reorganization, redesign, or other specified plans unless congressional notification and reporting requirements are met.

Sets forth reporting requirements related to personnel levels and requirements.

Requires funds provided by this division for Migration and Refugee Assistance to be administered by the Assistant Secretary of State for Population, Refugees, and Migration,

Requires funds provided by this division for the Office of Global Women's Issues to be administered by the U.S. Ambassador-at-Large for Global Women's Issues.

Prohibits funds provided for the Administration of Foreign Affairs in title I of this division from being used for a new major information technology investment without the concurrence of the Chief of Information Officer of the State Department.

(Sec. 7082) Provides appropriations for the U.N. Population Fund and specifies requirements and restrictions for the funds.

(Sec. 7083) Authorizes appropriations for specified U.S. contributions to multilateral development banks.

(Sec. 7084) Rescinds specified unobligated balances of funds provided for Development Assistance and the Export-Import Bank.

TITLE VIII--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

Provides additional FY2018 appropriations for Overseas Contingency Operations/ Global War on Terrorism, which are exempt from discretionary spending limits.

Provides appropriations to the State Department for Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Office of Inspector General; and
  • Embassy Security, Construction, and Maintenance.

Provides appropriations for: (1) Contributions to International Organizations, and (2) Contributions for International Peacekeeping Activities.

Provides appropriations to the USAID for: (1) Operating Expenses, and (2) the Office of Inspector General.

Provides appropriations for Bilateral Economic Assistance, including:

  • International Disaster Assistance,
  • Transition Initiatives,
  • the Complex Crises Fund,
  • the Economic Support Fund, and
  • Migration and Refugee Assistance.

Provides appropriations for International Security Assistance, including:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
  • Peacekeeping Operations; and
  • the Foreign Military Financing Program.

(Sec. 8001) Specifies that funds provided by this title are in addition to other FY2018 funds provided by this division.

(Sec. 8002) Specifies that funds provided by this title are subject to the same authorities and conditions that are otherwise applicable to the appropriations accounts, unless otherwise noted.

(Sec. 8003) Permits funds provided by this division for Nonproliferation, Anti-terrorism, Demining and Related Programs to be made available for the Counterterrorism Partnerships Fund for programs in areas liberated from, under the influence of, or adversely affected by, the Islamic State of Iraq and Syria or other terrorist organizations.

(Sec. 8004) Specifies transfer authorities for funds provided by this title.

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

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2018

This division provides FY2018 appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.

The division includes both discretionary and mandatory funding. The HUD budget is primarily discretionary spending, and most of the DOT budget is mandatory spending, in the form of contract authority from the Highway Trust Fund.

TITLE I--DEPARTMENT OF TRANSPORTATION

Department of Transportation Appropriations Act, 2018

Provides FY2018 appropriations for the Department of Transportation (DOT).

Provides appropriations for the Office of the Secretary, including:

  • Salaries and Expenses;
  • Research and Technology;
  • National Infrastructure Investments (also known as TIGER grants);
  • the National Surface Transportation and Innovative Finance Bureau;
  • Financial Management Capital;
  • Cyber Security Initiatives;
  • the Office of Civil Rights;
  • Transportation Planning, Research, and Development;
  • the Working Capital Fund;
  • the Minority Business Resource Center Program;
  • Small and Disadvantaged Business Utilization and Outreach; and
  • Payments to Air Carriers.

(Sec. 101) Prohibits DOT from approving assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this division except for activities underway on the date of enactment, unless the reprogramming process has been completed.

(Sec. 102) Requires DOT to: (1) post on its website the schedule and agenda for all meetings of the Council on Credit and Finance, and (2) direct the council to record the decisions and actions of each meeting.

(Sec. 103) Permits DOT to use the Working Capital Fund to provide payments in advance and accept subsequent reimbursements from all federal agencies for transit benefit distribution services that are necessary to carry out the federal transit pass transportation fringe benefit program.

Requires DOT to maintain a reasonable operating reserve in the Working Capital Fund, to be expended in advance to provide uninterrupted transit benefits to government employees. Specifies that the reserve may not exceed one month of benefits and may be used only for transit benefits.

Provides appropriations to the Federal Aviation Administration (FAA) for:

  • Operations;
  • Facilities and Equipment;
  • Research, Engineering, and Development; and
  • Grants-In-Aid For Airports.

Prohibits funds provided by this division from being used for:

  • new applicants for the second career training program,
  • new unauthorized aviation user fees, or
  • aeronautical charting and cartography activities through the Working Capital Fund.

Prohibits funds from being used to eliminate the Contract Weather Observers program at any airport.

Permits funds received from specified public, private, and foreign sources for expenses incurred in the provision of FAA services to be credited to the FAA Operations appropriations account.

(Sec. 110) Limits technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development.

(Sec. 111) Prohibits the FAA from requiring airport sponsors to provide the FAA without cost building construction, maintenance, utilities and expenses, or space in sponsor-owned buildings for air traffic control, air navigation, or weather reporting. Specifies that the prohibition does not apply to negotiations between the FAA and airport sponsors to achieve agreement on "below-market" rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.

(Sec. 112) Permits the FAA to reimburse amounts made available from certain fees to carry out the Essential Air Service program, which was established to ensure that small communities have a minimum level of air service.

(Sec. 113) Permits amounts collected by the FAA for providing technical assistance to foreign aviation authorities to be credited to the Operations account.

(Sec. 114) Prohibits the FAA from paying Sunday premium pay except if an individual worked on a Sunday.

(Sec. 115) Prohibits the FAA from using funds provided by this division to purchase a store gift card or gift certificate using a government-issued credit card.

(Sec. 116) Prohibits funds provided by this division from being used for retention bonuses for FAA employees without prior approval of the Assistant Secretary for Administration of DOT.

(Sec. 117) Requires the FAA, upon the request of an owner or operator, to block the display of the owner's or operator's aircraft registration number in the Aircraft Situational Display to Industry program.

(Sec. 118) Prohibits funds provided by this division from being used to pay the salaries and expenses of more than eight political and presidential FAA appointees.

(Sec. 119) Prohibits funds provided by this division from being used to increase fees for navigation products until the FAA provides Congress with a justification for all fees for aeronautical navigation products.

(Sec. 119A) Requires the FAA to notify Congress prior to closing a regional operations center or reducing the services it provides.

(Sec. 119B) Prohibits funds provided by this division from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey.

(Sec. 119C) Prohibits the FAA from withholding consideration and approval of any application for participation in the Contract Tower Program, including applications from cost-share program participants, if the tower meets the criteria included in the FAA report titled "Establishment and Discontinuance Criteria for Airport Traffic Control Towers."

(Sec. 119D) Specifies restrictions and requirements for FAA actions to limit the use of an Organization Designation Authorization's (ODA's) delegated functions documented in its procedures manual on a type certification project. (Under the ODA program, the FAA may delegate to a private person a matter related to issuing certificates or the examination, testing, and inspection necessary to issue a certificate on behalf of the FAA.)

Provides funding from the Highway Trust Fund (HTF) to the Federal Highway Administration (FHWA) for Administrative Expenses and Federal-Aid Highways.

(Most of DOT's budget is mandatory budget authority rather than discretionary budget authority. The mandatory budget authority is primarily in the form of contract authority derived from the Highway Trust Fund (HTF). Contract authority is the authority to obligate funds in advance of an appropriation Act.

Spending from the HTF is determined both by authorization bill and appropriations bills. Authorization bills provide contract authority for highway programs, and appropriations bills include obligation limitations that determine how much of the contract authority may be used in a given year.)

Provides appropriations for Highway Infrastructure Programs.

(Sec. 120) Specifies allocations and requirements for distributing obligation authority from the HTF among federal-aid highway programs.

(Sec. 121) Credits funds received by the Bureau of Transportation Statistics from the sale of data products to the Federal-Aid Highways account to reimburse the bureau for expenses.

(Sec. 122) Requires DOT to: (1) provide an informal public notice and comment opportunity prior to waiving the Buy America requirement for federal-aid highway projects, and (2) report to Congress annually on waivers.

(Sec. 123) Requires DOT to notify Congress prior to providing credit assistance under the Transportation Finance and Innovation Act (TIFIA) program, which provides credit to finance surface transportation projects of national and regional significance.

(Sec. 124) Requires DOT to notify Congress 60 days in advance before making grants for nationally significant freight and highway projects (FASTLANE grants).

(Sec. 125) Requires the FHWA to reinstate regulations which permit the Clearview font to be used as an approved alternate font on highway guide signs.

(Sec. 126) Permits states to repurpose certain highway project funding to be used within 50 miles of its original designation.

(Sec. 127) Increases the truck weight limits for highways in North Dakota.

(Sec. 128) Modifies an existing high priority corridor on the national highway system in Arkansas.

(Sec. 129) Permits DOT, upon the request of a state, to modify a toll agreement to remove certain restrictions on the use of excess toll revenues for certain highways if the state: (1) certifies annually that the tolled facility is being adequately maintained, and (2) agrees to comply with certain audit requirements.

(Sec. 129A) Makes a technical correction to the existing truck weight exemption for New Hampshire.

Provides funding from the HTF to the Federal Motor Carrier Safety Administration (FMCSA) for: (1) Motor Carrier Safety Operations and Programs, and (2) Motor Carrier Safety Grants.

(Sec. 130) Directs the FMCSA to require certain Mexican motor carriers to meet specified safety requirements when applying to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border.

(Sec. 131) Requires the FMCSA to send notice of violations of certain safety procedures and regulations that could require expedited safety audits, compliance reviews, or corrective actions using certified mail, registered mail, or another manner of delivery, which records the receipt of the notice by the persons responsible for the violation.

(Sec. 132) Prohibits DOT from using funds to enforce certain requirements for the use of electronic logging devices with respect to operators of commercial motor vehicles transporting livestock or insects.

Provides appropriations to the National Highway Traffic Safety Administration (NHTSA) for Operations and Research.

Provides funding from the HTF to NHTSA for Operations and Research and Highway Traffic Safety Grants.

(Sec. 140) Provides additional funding to NHTSA for travel and related expenses associated with state management reviews and core competency development training for highway safety staff.

(Sec. 141) Exempts from the current fiscal year's obligation limitation for NHTSA programs any obligation authority that was made available in previous public laws and has not lapsed or been used.

(Sec. 142) Prohibits funds provided by this division from being used for NHTSA's National Roadside Survey.

(Sec. 143) Prohibits funds provided by this division from being used to mandate global positioning system tracking without fully considering privacy concerns.

(Sec. 144) Provides additional appropriations to NHTSA for specified highway safety programs.

Provides appropriations to the Federal Railroad Administration (FRA) for:

  • Safety and Operations,
  • Railroad Research and Development,
  • the Railroad Rehabilitation and Improvement Financing Program,
  • the Federal-State Partnership for State Of Good Repair,
  • Consolidated Rail Infrastructure and Safety Improvements,
  • Restoration and Enhancement,
  • Northeast Corridor Grants to the National Railroad Passenger Corporation (Amtrak), and
  • National Network Grants to Amtrak.

(Sec. 150) Limits overtime for Amtrak employees. Permits Amtrak to waive the limit for specific employees due to safety or operational efficiency reasons. Requires Amtrak to report to Congress on waivers granted and overtime payments incurred.

Provides appropriations to the Federal Transit Administration (FTA) for:

  • Administrative Expenses,
  • Transit Infrastructure Grants,
  • Technical Assistance and Training,
  • Capital Investment Grants, and
  • Grants to the Washington Metropolitan Area Transit Authority.

Provides funding from the HTF to the FTA for Transit Formula Grants.

(Sec. 160) Exempts previously made transit obligations from limitations on obligations.

(Sec. 161) Permits funds appropriated before October 1, 2017, that remain available for expenditure to be transferred from older accounts to new accounts with similar current activities.

(Sec. 162) Prohibits the use of funds for a new light or heavy rail project for the Metropolitan Transit Authority of Harris County, Texas if the project is constructed at a specified location in Houston, Texas unless the voters approve a ballot proposition specifying the location and the project meets specified criteria.

(Sec. 163) Prohibits funds provided by this division from being used to enter into a full funding grant agreement for a project with a New Starts share greater than 51%.

Provides appropriations to the Saint Lawrence Seaway Development Corporation for Operations and Maintenance.

Provides appropriations for the Maritime Administration (MARAD) for:

  • the Maritime Security Program,
  • Operations and Training,
  • Assistance to Small Shipyards,
  • Ship Disposal, and
  • the Maritime Guaranteed Loan (Title XI) Program Account.

(Sec. 170) Permits MARAD to furnish utilities and services and make repairs in connection with any lease, contract, or occupancy involving government property under the control of MARAD. Requires rental payments received pursuant to this provision to be credited to the Treasury as miscellaneous receipts.

(Sec. 171) Prohibits DOT or MARAD from using funds provided by this division for fee-for-service contracts for vessel disposal, scrapping, or recycling, unless there is no qualified domestic ship recycler that will pay any sum to purchase and scrap or recycle a vessel owned, operated or managed by MARAD or that is part of the National Defense Reserve Fleet.

Provides appropriations to the Pipeline and Hazardous Materials Safety Administration (PHMSA) for:

  • Operational Expenses,
  • Hazardous Materials Safety,
  • Pipeline Safety, and
  • Emergency Preparedness Grants.

Provides appropriations to the Office of Inspector General.

(Sec. 180) Permits DOT to use funds for maintenance and operation of aircraft, hire of passenger motor vehicles and aircraft, insurance for motor vehicles operating in foreign countries, and uniforms.

Permits DOT to use funds for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance DOT's, or its operating administrations' missions. Deems any unmanned aircraft system purchased or procured by DOT prior to the enactment of this division to be authorized.

(Sec. 181) Permits DOT to use funds provided by this division for the employment of temporary or intermittent experts and consultants if the rates do not exceed the rate for an Executive Level IV.

(Sec. 182) Prohibits recipients of funds provided by this division from releasing certain personal information and photographs from a driver's license or motor vehicle record without the consent of the affected individual. Prohibits DOT from withholding funds for any grantee if a state is not in compliance with this provision.

(Sec. 183) Prohibits: (1) funds provided by this division from being used for more than 110 DOT presidential or political appointees, and (2) any of the appointees from being assigned on temporary detail outside of DOT.

(Sec. 184) Permits funds received by the FHWA and the FRA from states or other private or public sources for training expenses to be credited to specified agency accounts, subject to an exception for state rail safety inspectors participating in certain training required under current law.

(Sec. 185) Prohibits funds provided by this division from being used for certain loans, loan guarantees, lines of credit, or grants unless DOT notifies Congress at least three business days in advance of announcing competitively selected projects.

Requires DOT to provide concurrent notification to Congress regarding any ''quick release'' of funds from the FHWA's Emergency Relief Program. (The program provides funding for the repair or reconstruction of federal-aid highways and roads on federal lands which have suffered serious damage as a result of natural disasters or catastrophic failures from an external cause.)

Requires DOT to provide a comprehensive list of all loans, loan guarantees, lines of credit, and discretionary grants that will be announced with a three-day advance notice to Congress.

(Sec. 186) Permits rebates, refunds, incentive payments, minor fees, and other funds received by DOT from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources to be credited to DOT appropriations and allocated to elements of DOT using fair and equitable criteria.

(Sec. 187) Permits DOT to use amounts recovered from improper payments to a third party contractor for expenses incurred in the recovery.

(Sec. 188) Requires reprogramming action notifications to be transmitted to and approved or denied solely by the House and Senate Committees on Appropriations.

(Sec. 189) Permits funds provided by this division for modal administrations to be obligated to the Office of the Secretary for assessments or reimbursable agreements only if the funds provide a direct benefit to the applicable modal administration.

(Sec. 190) Permits DOT to set uniform standards for developing and supporting agency transit passes and transit benefits.

(Sec. 191) Prohibits the use of funds for any geographic, economic, or other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation plans.

TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Department of Housing and Urban Development Appropriations Act, 2018

Provides FY2018 appropriations for the Department of Housing and Urban Development (HUD).

Provides appropriations for Management and Administration, including for Executive Offices and Administrative Support Offices.

Provides appropriations for Program Office Salaries and Expenses, including:

  • Public and Indian Housing,
  • Community Planning and Development,
  • Housing,
  • Policy Development and Research,
  • Fair Housing and Equal Opportunity, and
  • the Office of Lead Hazard Control and Healthy Homes.

Permits HUD to transfer specified funds provided by this title for salaries and expenses to the Working Capital Fund to fund centralized activities.

Provides appropriations for Public and Indian Housing, including:

  • Tenant-Based Rental Assistance,
  • the Housing Certificate Fund,
  • the Public Housing Capital Fund,
  • the Public Housing Operating Fund,
  • the Choice Neighborhoods Initiative,
  • the Family Self-Sufficiency Program,
  • Native American Housing Block Grants,
  • the Indian Housing Loan Guarantee Fund Program Account, and
  • the Native Hawaiian Housing Block Grant.

Provides appropriations for Community Planning and Development, including:

  • Housing Opportunities for Persons with AIDS,
  • the Community Development Fund,
  • the Community Development Loan Guarantees Program Account,
  • the Home Investment Partnerships Program,
  • the Self-Help and Assisted Home Ownership Opportunity Program, and
  • Homeless Assistance Grants.

Provides appropriations for Housing Programs, including:

  • Project-Based Rental Assistance,
  • Housing for the Elderly,
  • Housing for Persons with Disabilities,
  • Housing Counseling Assistance,
  • Rental Housing Assistance, and
  • Payment to the Manufactured Housing Fees Trust Fund.

Provides appropriations and establishes limits on loan commitments for the Federal Housing Administration (FHA), which includes: (1) the Mutual Mortgage Insurance Program Account, and (2) the General and Special Risk Program Account.

Provides appropriations and establishes limits on loan commitments for the Government National Mortgage Association (Ginnie Mae).

Provides appropriations to HUD for:

  • Policy Development and Research,
  • Fair Housing and Equal Opportunity,
  • the Office of Lead Hazard Control and Healthy Homes,
  • the Information Technology Fund, and
  • the Office of Inspector General.

(Sec. 201) Requires 50% of the funds that are recaptured from the refinancing of state or locally financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to be rescinded or, in the case of cash, remitted to the Treasury.

Requires the funds that are not rescinded or returned to the Treasury to be used by state housing finance agencies or local governments for certain projects approved by HUD.

Permits HUD to award up to 15% of the funds that are recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance projects at lower interest rates.

(Sec. 202) Prohibits funds provided by this division from being used to investigate or prosecute under the Fair Housing Act any lawful activities, including the filing or maintaining of a nonfrivolous legal action to achieve or prevent action by a government entity or a court.

(Sec. 203) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with provisions of the Department of Housing and Urban Development Reform Act of 1989 regarding HUD accountability.

(Sec. 204) Permits specified funds to be used, without regard to limitations on administrative expenses, for: (1) legal services; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.

(Sec. 205) Prohibits HUD appropriations from being used for any program, project, or activity in excess of amounts included in the budget estimates submitted to Congress, unless otherwise provided by this division or through reprogramming.

(Sec. 206) Permits HUD corporations and agencies subject to the Government Corporation Control Act to utilize funds and make contracts and commitments, without regard to fiscal year limitations and subject to specified restrictions, to implement the FY2018 budget.

(Sec. 207) Requires HUD to provide quarterly reports to Congress regarding uncommitted, unobligated, recaptured, and excess funds for each program and activity.

(Sec. 208) Requires the President's budget request and HUD's congressional budget justifications to use the same account and sub-account structure included in this division.

(Sec. 209) Exempts Ginnie Mae from certain requirements of the Federal Credit Reform Act of 1990.

(Sec. 210) Permits HUD to authorize the transfer of project-based assistance, debt, and low-income and very low-income use restrictions associated with a multifamily housing project from obsolete or economically nonviable housing to a viable project if no additional costs are incurred and other specified conditions are met.

(Sec. 211) Sets forth eligibility requirements for section 8 housing assistance vouchers.

(Sec. 212) Requires Native American Housing Block Grant funds to be distributed to the same Native Alaskans that received funds in FY2005.

(Sec. 213) Permits HUD to insure home equity conversion mortgages (HECMs or reverse mortgages) for elderly homeowners through FY2018, notwithstanding limitations on insurance authority included in the National Housing Act.

(Sec. 214) Sets forth requirements for HUD regarding the managing and disposing of any multifamily housing property that is held or owned by HUD. Specifies requirements for maintaining any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property.

(Sec. 215) Permits Community Development Loan Guarantee funds to be used to guarantee notes or other obligations issued by any state on behalf of its non-entitlement communities.

(Sec. 216) Permits certain public housing agencies (PHAs) that own and operate 400 or fewer public housing units to elect to be exempt from asset management requirements imposed by HUD in connection with the operating fund rule.

(Sec. 217) Prohibits HUD from using public housing funds to impose any requirement or guideline relating to asset management that restricts or limits the use of capital funds for central office costs, up to the limits established in the Quality Housing and Work Responsibility Act of 1998.

(Sec. 218) Prohibits the designation of a HUD official or employee as an allotment holder unless the Chief Financial Officer has determined that the employee has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.

(Sec. 219) Requires HUD to publish on the Internet all competitively awarded Notices of Funding Availability for FY2018.

(Sec. 220) Sets forth limitations and reporting requirements for the payment of attorney fees in program-related litigation.

(Sec. 221) Sets forth requirements for transferring and reprogramming funds within specified HUD Administrative Support Office and Program Office Salaries and Expenses accounts.

(Sec. 222) Requires HUD to take specified actions against owners who are receiving rental subsidies and do not maintain safe properties.

(Sec. 223) Limits compensation for PHA officials and employees.

(Sec. 224) Permits HUD to use funds previously made available for the Choice Neighborhoods Initiative until September 30, 2018.

(Sec. 225) Requires HUD to notify Congress at least three business days before announcing the recipients of grant awards.

(Sec. 226) Prohibits funds provided by this division from being used to require or enforce the Physical Needs Assessment (PNA).

(Sec. 227) Prohibits the FHA, Ginnie Mae, or HUD from using funds provided by this division to finance mortgages for properties that have been subject to eminent domain.

(Sec. 228) Prohibits the use of funds made available by this division to terminate the status of a unit of general local government as a metropolitan city with respect to community development grants under the Housing and Community Development Act of 1974.

(Sec. 229) Permits Office of Policy Development and Research funds for research, evaluation, and statistical purposes that are unexpended at the completion of a contract, grant or cooperative agreement to be used for additional research, subject to reprogramming requirements.

(Sec. 230) Prohibits funds from being used for awards, including performance, special act, or spot, for HUD employees who have been subject to administrative discipline in FY2017 or FY2018, including suspension from work.

(Sec. 231) Permits HUD to use funds provided for Homeless Assistance Grants to participate in the multiagency Performance Partnerships Pilots program on a limited basis.

(Sec. 232) Permits costs paid by the program income of grant recipients to count toward the recipient's matching requirements for 2015, 2016, 2017, and 2018 Continuum of Care funds. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)

(Sec. 233) Permits HUD to use funds provided by this division for Homeless Assistance Grants to award one-year grants to transition from one Continuum of Care program component to another. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)

Specifies that no more than 50% of each transition grant may be used for the costs of eligible activities of the program component originally funded.

(Sec. 234) Prohibits HUD from using funds provided by this division to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled "Affirmatively Furthering Fair Housing" or the notice entitled "Affirmatively Furthering Fair Housing Assessment Tool."

(Sec. 235) Prohibits provisions of the Cranston-Gonzalez National Affordable Housing Act regarding the expiration of the right to draw funds from applying to the right of a jurisdiction to draw funds from its HOME Investment Trust Fund that otherwise expired or would expire in 2016, 2017, 2018, 2019, or 2020 under current law.

(Sec. 236) Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to extend the Mark-to-Market Program until October 1, 2022. (The program is intended to preserve long-term low-income housing affordability by restructuring FHA-insured or HUD-held mortgages for eligible multifamily housing projects.)

(Sec. 237) Amends the Department of Housing and Urban Development Appropriations Act, 2012 to modify the requirements for the Rental Assistance Demonstration Program.

(Sec. 238) Prohibits funds provided by this division from being used to interfere with state and local inspections of public housing dwelling units.

(Sec. 239) Maintains existing Promise Zone designations and agreements.

(Sec. 240) Repeals a duplicative provision providing Section 8 voucher flexibility.

TITLE III--RELATED AGENCIES

Provides FY2018 appropriations to:

  • the Access Board,
  • the Federal Maritime Commission,
  • the Amtrak Office of Inspector General,
  • the National Transportation Safety Board,
  • the Neighborhood Reinvestment Corporation,
  • the Surface Transportation Board, and
  • the U.S. Interagency Council on Homelessness.

TITLE IV--GENERAL PROVISIONS--THIS ACT

(Sec. 401) Prohibits funds provided by this division from being used to compensate or pay the expenses of non-federal parties intervening in regulatory or adjudicatory proceedings funded in this division.

(Sec. 402) Prohibits transfers of funds to other appropriations or obligations beyond the current fiscal year, unless expressly permitted in this division.

(Sec. 403) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or an executive order.

(Sec. 404) Prohibits the use of funds provided by this division for employee training not specifically related to the performance of official duties.

(Sec. 405) Specifies procedures, restrictions, and reporting requirements for the reprogramming of funds provided by this division.

(Sec. 406) Permits up to 50% of unobligated balances remaining at the end of FY2018 from appropriations for salaries and expenses to remain available through FY2019, subject to congressional approval and reprogramming guidelines.

(Sec. 407) Prohibits funds provided by this division from being used for any project that seeks to use eminent domain unless eminent domain is employed only for a public use.

(Sec. 408) Prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to an appropriations Act.

(Sec. 409) Prohibits the use of funds provided by this division to permanently replace an employee intent on returning to his or her previous occupation after completing military service.

(Sec. 410) Requires expenditures of funds provided by this division to comply with the Buy American Act.

(Sec. 411) Prohibits funds provided by this division from being made available to any person or entity that has been convicted of violating the Buy American Act.

(Sec. 412) Prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 413) Prohibits the use of funds provided by this division to approve a new foreign air carrier permit or exemption application if the approval would contravene U.S. law or specified provisions of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.

(Sec. 414) Restricts the number of employees that agencies funded in this division may send to international conferences.

(Sec. 415) Limits Surface Transportation Board fees for the filing of rate or practice complaints.

(Sec. 416) Prohibits funds provided by this division from being used to purchase new light-duty vehicles, except in accordance with Presidential Memorandum- Federal Fleet Performance, which establishes requirements for purchasing alternative fueled vehicles.

(Sec. 417) Rescinds unobligated balances of funds provided to specified accounts by the Consolidated Appropriations Act, 2017.

(Sec. 418) Prohibits funds provided by this division from being used for a computer network that does not block the viewing, downloading, and exchanging of pornography. Includes exceptions for law enforcement agencies or other entities carrying out criminal investigations, prosecution, or adjudication activities.

(Sec. 419) Prohibits funds provided by this division from being used to deny an Inspector General (IG) timely access to any records, documents, or other materials available to the department or agency over which that IG has responsibilities, or to prevent or impede that IG's access. Requires each IG to comply with: (1) specified statutory limitations on disclosure of the information provided, and (2) reporting requirements regarding violations of this section.

(Sec. 420) Requires the FAA to permit intermittent large cargo air carriers to land in remote areas using a mix of available local meteorological weather reports, in place of National Weather Service forecast reports where they do not provide weather coverage.

(Sec. 421) Permits states to use funds provided under the Congestion Mitigation and Air Quality Improvement (CMAQ) Program for operating assistance on certain state-supported Amtrak routes with no time limitation.

DIVISION M--EXTENSIONS

Title I--Airport and Airway Extension

Airport and Airway Extension Act of 2018

Subtitle A--Federal Aviation Programs

(Sec. 101) Extends through FY2018 the authorization for the Federal Aviation Administration (FAA) Airport Improvement Program.

(Sec. 102) Extends the following authorities through FY2018:

  • the competition disclosure requirement under a development project grant for a large hub airport or a medium hub airport;
  • the eligibility for small airport grants of sponsors of airports in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau;
  • the FAA contract air traffic control tower program; and
  • state and local government compatible land use planning and projects.

Amends the Vision 100--Century of Aviation Reauthorization Act to extend through FY2018: (1) the authorization for airport development at Midway Island Airport, and (2) the authority of any final order with respect to the eligibility for essential air service compensation.

Amends the FAA Modernization and Reform Act of 2012 to extend through FY2018: (1) the advisory committee for aviation consumer protection, and (2) the pilot program for the redevelopment of airport properties.

Amends the FAA Extension, Safety, and Security Act of 2016 to extend through FY2018 the prohibition against the FAA discontinuing the contract weather observer program at any airport.

(Sec. 103) Extends through FY2018 the authorization of appropriations for FAA Operations.

(Sec. 104) Extends through FY2018 the authorizations for: (1) the Essential Air Service program, and (2) the Small Community Air Service Development Program.

(Sec. 105) Extends through FY2018 the authorizations of appropriations for Air Navigation Facilities and Equipment.

(Sec. 106) Extends through FY2018 the authorization of appropriations for FAA Research and Development.

(Sec. 107) Specifies that the budget authority authorized by this title satisfies specified requirements for the funding of aviation programs from the Airport and Airway Trust Fund.

(Sec. 108) Modifies requirements for the hiring of air traffic controllers.

Subtitle B--Aviation Revenue Provisions

(Sec. 201) Amends the Internal Revenue Code to extend through FY2018, the expenditure authority from the Airport and Airway Trust Fund.

(Sec. 202) Extends through FY2018 the excise taxes on aviation fuels and the transportation of persons and property by air.

Title II--Immigration Extensions

(Sec. 201) Extends through FY2018 the authorization for the U.S. Citizenship and Immigration Services E-Verify Program. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States.

(Sec. 202) Extends through F2018 the Special Immigrant Religious Workers program. (The program allows ministers and non-ministers in religious vocations and occupations to immigrate to or adjust status in the U.S. for the purpose of performing religious work in a full-time compensated position.).

(Sec. 203) Extends through FY2018 the authority under the Conrad 30 waiver program to waive the two-year home country physical presence requirement for foreign doctors with expiring J-1 visas who apply to remain in the United States and commit to working in medically underserved areas.

(Sec. 204) Extends through FY2018 the Regional Center Pilot Program within the EB-5 immigration investor program authorization. (The Regional Center Program is intended to focus foreign investment toward specific geographic regions.)

(Sec. 205) Authorizes DHS to increase the numerical limitation on the number of aliens that that are permitted to enter the United States under the H-2B visa program for temporary nonagricultural labor. Specifies that the limit may not exceed the highest number of H-2B nonimmigrants who participated in the H-2B returning worker program in any year in which returning workers were exempt from the numerical limitation.

Title III--National Flood Insurance Program Extension

(Sec. 301) Extends the National Flood Insurance Program through July 31, 2018.

Title IV--Pesticide Registration Improvement Act Extension

(Sec. 401) Extends through FY2018 the authorities related to the collection of certain pesticide registration fees.

Title V--Generalized System of Preferences

(Sec. 501) Amends the Trade Act of 1974 to extend through 2020 the Generalized System of Preferences (GSP), which provides duty-free tariff treatment for certain products imported from designated beneficiary developing countries.

(Sec. 502) Makes certain technical modifications to the procedures for competitive need limits and waivers under the GSP.

(Sec. 503) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend the authority for certain customs user fees through July 21, 2027.

Title VI--Judicial Redaction Authority Extension

(Sec. 601) Amends the Ethics in Government Act of 1978 to extend through 2027 the authority of the Judicial Conference to redact personal and sensitive information from the financial disclosure report of a judge or judicial employee if it finds that revealing the information could endanger that individual or a family member of that individual.

Title VII--Budgetary Effects

(Sec. 701) Exempts the budgetary effects of this division and each succeeding division from: (1) the Statutory Pay-As-You-Go (PAYGO) Act of 2010, (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.

DIVISION N--BUILD ACT

Brownfields Utilization, Investment, and Local Development Act of 2018 or the BUILD Act

(Sec. 2) This section modifies the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to specify if a state or local government takes title to a brownfield site as a result of law enforcement activity, that government is not an owner or operator for the purposes of CERCLA. (Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant. Owners or operators of such sites may be financially liable for cleanup costs.)

(Sec. 3) Certain Alaska Native villages and corporations are excluded as owners or operators for the purposes of CERCLA. This exclusion does not apply to an entity that causes or contributes to a hazardous substance release.

(Sec. 4) This section modifies brownfield program eligibility with respect to petroleum sites where no viable responsible party exists. Specifically, it eliminates the requirement that sites be of relatively low risk.

(Sec. 5) This section revises leaseholder status regarding bona fide prospective purchasers.

(Sec. 6) This section expands CERCLA eligibility for nonprofit organizations and qualified community development entities.

(Sec. 7) The brownfield site characterization and assessment grant program and the brownfield remediation grant and loan program are revised by authorizing eligible governmental entities to receive grants and loans for property that was acquired before January 11, 2002, even if the entities do not qualify as bona fide prospective purchasers.

(Sec. 8) This section increases the cap on the amount that may be given in grants and loans for each site to be remediated.

(Sec. 9) The Environmental Protection Agency (EPA) must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites.

(Sec. 10) This section allows grant recipients to use up to 5% of funds for administrative costs.

(Sec. 11) The EPA must consider land use, the production of renewable energy, and energy efficiency projects on brownfield sites as part of the grant application ranking process.

(Sec. 13) This section reauthorizes brownfields revitalization funding through FY2023.

(Sec. 14) The EPA is allowed to provide grants to assist small communities, Indian tribes, rural areas, or disadvantaged areas for the purpose of establishing a brownfields program.

(Sec. 15) This section reauthorizes state response programs through FY2023.

DIVISION O--WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT ACTIVITIES ACT

Wildfire Suppression Funding and Forest Management Activities Act

TITLE I--WILDFIRE AND DISASTER FUNDING ADJUSTMENT

(Sec. 102) This section amends the Balanced Budget and Emergency Deficit Control Act of 1985 to revise the formula for calculating the adjustments to discretionary spending limits that are required to accommodate additional spending for disaster relief.

The section also requires specified adjustments to the annual discretionary spending limits for FY2020-FY2027 to accommodate additional funding for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture (USDA) or the Department of the Interior.

(Sec. 103) Interior or USDA, as appropriate, shall submit to Congress a request for supplemental appropriations if the amount provided for wildfire suppression operations for a fiscal year will be exhausted within 30 days.

TITLE II--FOREST MANAGEMENT ACTIVITIES

(Sec. 202) This section amends the Healthy Forests Restoration Act of 2003 to authorize certain hazardous fuels reduction projects for wildfire resilience. The section also: (1) categorically excludes the projects from requirements of the National Environmental Policy Act of 1969 (NEPA) to produce environmental assessments or environmental impact statements, and (2) exempts the projects from the special administrative review process under the Act.

The projects must carry out forest restoration treatments that:

  • maximize the retention of old-growth and large trees to the extent that they promote stands that are resilient to insects and disease and reduce the risk or extent of, or increase resilience to, wildfires;
  • consider the best available scientific information to maintain or restore ecological integrity; and
  • are developed and implemented through a collaborative process that meets specified requirements.

A project under this section may carry out part of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under the Omnibus Public Land Management Act of 2009.

The section prohibits a project under this section from exceeding 3,000 acres.

A project under this section shall be:

  • prioritized within the wildland-urban interface;
  • if located outside the interface, limited to areas within Condition Classes 2 or 3 in Fire Regime Groups I, II, or III that contain very high wildfire hazard potential; and
  • limited to landscape-scale areas in national forests that are experiencing an insect or disease epidemic and that have been designated as treatment areas under the Act as of this bill's enactment.

The section prohibits a project under this section from including the establishment of any permanent roads.

USDA and Interior may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section.

USDA and Interior shall decommission any temporary road constructed for a project under this section within three years of the completion of that project.

Whenever using the categorical exclusion under this section, USDA and Interior must apply the extraordinary circumstances procedures relating to the categorical exclusion of certain types of proposed actions from further analysis and documentation in an Environmental Impact Statement or Environmental Assessment under the NEPA if there are no extraordinary circumstances related to the proposed action.

This section does not apply to:

  • components of the National Wilderness Preservation System,
  • federal land on which the removal of vegetation is restricted or prohibited,
  • congressionally designated wilderness study areas, or
  • an area in which the activities would be inconsistent with the applicable land and resource management plan.

All projects and activities carried out under this section must be consistent with the land and resource management plan established under the Forest and Rangeland Renewable Resources Planning Act of 1974 for the National Forest Service (NFS) unit containing the applicable projects and activities.

USDA and Interior shall conduct public notice and scoping for any projects or actions proposed in accordance with this section.

USDA and Interior shall submit to Congress and the Government Accountability Office annual reports on the use of categorical exclusions under this section.

(Sec. 203) This section expands the definition for an authorized hazardous fuel reduction project to include the installation of:

  • a natural or manmade change in fuel characteristics that affects fire behavior such that a fire can be more readily controlled (commonly known as a fuel break), and
  • a natural or constructed barrier used to stop or check a fire or to provide a control line from which to work to stop or check a fire (commonly known as a firebreak).

(Sec. 204) This section authorizes the Forest Service and the Bureau of Land Management (BLM) to obligate funds in stages that are economically or programmatically viable to cover any potential cancellation ceiling or termination costs with respect to an agreement or contract for a stewardship end result contracting project.

The Forest Service and BLM must notify Congress 30 days before entering into a multiyear agreement or contract that includes a cancellation ceiling exceeding $25 million if proposed funding for the costs of cancelling the agreement or contract up to the ceiling is not included. The Forest Service and the BLM shall also transmit a copy of such a notice to the Office of Management and Budget.

(Sec. 205) If the offset value of the forest products to be removed under stewardship contracts exceeds the value of the resource improvement treatments, the Forest Service and BLM may: (1) use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or (2) if there are no such outstanding liabilities, apply the excess to other authorized stewardship projects.

(Sec. 206) This section requires annual reports on the status of the development, implementation, and administration of agreements or contracts for authorized stewardship projects to be submitted to specified congressional committees.

(Sec. 207) USDA and Interior may award contracts or agreements to enter into authorized stewardship projects for terms of up to 20 years on areas where the majority of federal lands are located in Fire Regime Groups I, II, or III.

In awarding such a contract, USDA and Interior may give a procurement preference to a contractor that would promote an innovative use of forest products, including cross-laminated timber, as part of such contract.

(Sec. 208) This section specifies that the listing of a species as threatened or endangered or the designation of critical habitat pursuant to the Endangered Species Act of 1973 (ESA) does not require USDA to engage in certain additional consultations to update or revise an approved land and resource management plan unless: (1) 15 years have passed since USDA adopted such a plan; and (2) 5 years have passed since the later of this section's enactment, the listing of a species as threatened or endangered for a species known to occur on a unit, or the designation of critical habitat within such unit.

(Sec. 209) This section prohibits the BLM from being required to engage in consultation under any law concerning the Oregon and California Railroad revested grant lands and the reconveyed Coos Bay Wagon Road grant lands, with respect to: (1) the listing of a species as threatened or endangered or a designation of a critical habitat, if a land use plan has already been adopted; and (2) any provision of such plan.

(Sec. 210) The Forest Service shall:

  • publish a geospatial map appropriate for community-level use that depicts wildfire hazard severity to inform at-risk communities that are adjacent to NFS lands or affected by wildland fire, and
  • disseminate such information in a web-based format.

The section states that the purposes of such map are to:

  • inform evaluations of wildfire risk,
  • prioritize fuels management needs, and
  • depict the relative potential for wildfire that could be difficult for suppression resources to contain and that could cause ignitions to structures.

(Sec. 211) Interior and USDA must issue and periodically update guidance to ensure that provisions are developed and implemented for utility vegetation management, facility inspection, and operation and maintenance of rights-of-way for electricity transmission and distribution facilities.

Such guidance must be compatible with the mandatory reliability standards established by the Electric Reliability Organization (the organization) and take into account a specified memorandum of understanding on vegetation management for powerline rights-of-way.

Also, such guidance shall:

  • be developed in consultation with the owners of electric transmission and distribution facilities that hold rights-of-way;
  • seek to minimize the need for case-by-case approvals for routine vegetation management activities, facility inspections, operation and maintenance activities, and utility vegetation management activities necessary to control hazard trees; and
  • provide for prompt and timely review of requests to conduct vegetation management activities that require approval by Interior or USDA, as appropriate, especially those that require expedited or immediate action.

Interior and USDA shall give facility owners and operators the option to submit a vegetation management, facility inspection, and operation and maintenance plan that meets specified requirements.

Owners and operators subject to mandatory reliability standards established by the organization (or superseding standards) may use them as part of their plans.

Interior and USDA shall develop jointly a consolidated and coordinated process for review and approval of these plans.

Interior and USDA shall identify, with respect to the development and approval of such plans, as well as with respect to the actions carried out under them, categories of actions for which neither an environmental impact statement nor an environmental assessment shall be required under federal regulations relating to categorical exclusions under NEPA.

An owner or operator of a facility that is not subject to the mandatory reliability standards established by the organization or that has sold less than or equal to 1 million megawatt hours of electric energy for purposes other than resale during each of the three years immediately preceding this section's enactment may enter into an agreement with Interior or USDA, as appropriate, instead of a vegetation management, facility inspection, and operation and maintenance plan.

If vegetation or hazard trees have contacted or present an imminent danger of contacting an electric transmission or distribution line from within or adjacent to an electric transmission or distribution right-of-way, the owner or operator of such lines:

  • may prune or remove the vegetation or hazard tree to avoid the disruption of electric service and to eliminate immediate fire and safety hazards, and
  • shall notify USDA or Interior no later than one day after the response to the emergency conditions.

The owner or operator of a transmission or distribution facility may conduct vegetation management activities that require the approval of Interior or USDA, as appropriate, in accordance with a plan approved or an agreement entered into pursuant to this section, but only after receiving the approval of such department.

Nonetheless, the owner or operator of such a facility may conduct such activities in accordance with such a plan or agreement without first getting approval if:

  • the owner or operator submitted a request to USDA or Interior, as appropriate, in accordance with the applicable schedule;
  • the activities, including the removal of hazard trees, proposed in the request are in accordance with the plan or agreement; and
  • such department failed to respond to the request in accordance with the schedule.

Interior and USDA shall not impose strict liability for damages or injury that results from Interior or USDA unreasonably: (1) withholding or delaying approval of a plan or an agreement, or (2) failing to adhere to a schedule in such a plan or agreement.

For the period ending 10 years after the enactment of this section, Interior and USDA shall not impose strict liability amounting to more than $500,000 per incident for damages or injury that result from activities conducted by an owner or operator in accordance with an approved agreement.

Interior and USDA shall report annually on their respective websites all such requests and actions made concerning vegetation management activities that require approval.

Interior and USDA shall report to Congress on the effect on the Treasury of the strict liability limitation established by this section.

Interior and USDA are encouraged to develop a program for training personnel of Interior and Forest Service, respectively, involved in vegetation management decisions related to electric transmission and distribution facilities.

(Sec. 212) This section amends the Agricultural Act of 2014 to include under the definition of "forest, rangeland, and watershed restoration services," with respect to good neighbor agreements, the reconstruction, repair, restoration, or decommissioning of certain NFS roads as necessary to carry out authorized forest restoration services under a good neighbor agreement..

TITLE III--FEDERAL LAND TRANSACTION FACILITATION REAUTHORIZATION

Federal Land Transaction Facilitation Act Reauthorization of 2018

This title permanently reauthorizes and amends the authority included in the Federal Land Transaction Facilitation Act (FLTFA), which provides for the sale or exchange of certain Bureau of Land Management (BLM) land that has been identified for disposal under BLM land use plans.

(Sec. 302) This section makes several amendments to the FLTFA. Among other changes, the amendments:

  • authorize current information to be used for disposal and acquisition actions,
  • require the establishment of a publicly available database containing a comprehensive list of BLM lands available for disposal, and
  • modify the criteria and priorities for land acquisitions.

TITLE IV--EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000

(Sec. 401) This section amends the Secure Rural Schools and Community Self-Determination Act of 2000 to reauthorize payments under the Secure Rural Schools program (SRS) for FY2017 and FY2018. This section also makes several modification to the program, which authorizes payments to certain counties with federal land as an alternative to payments based on the prior years' revenue generated on the lands.

For FY2017, the full funding amount is equal to 95% of the full funding amount for FY2015. This section also specifies rules for making FY2017 payments and modifies the requirements for the allocation of SRS funds to specified projects.

The section also repeals the Merchantable Timber Contracting Pilot Program.

(Sec. 402) The section permits SRS payments to be used to:

  • reimburse the participating county for law enforcement patrols that are performed on federal land and paid for by the county;
  • cover training costs and equipment purchases directly related to search and rescue and other emergency services, including such patrols; and
  • carry out community wildfire protection plans.

TITLE V--STRATEGIC PETROLEUM RESERVE DRAWDOWN

(Sec. 501) This section directs the Department of Energy (DOE), during FY2020-FY2021, to draw down and sell 10 million barrels of crude oil from the Strategic Petroleum Reserve.

Amounts that are received from such a sale shall be deposited in the general fund of the Treasury during the fiscal year in which such sale occurs.

DOE may not draw down and sell crude oil from the reserve in quantities that would limit the authority of DOE to sell petroleum products under the Energy Policy and Conservation Act to prevent or reduce an adverse impact of a domestic or international energy supply shortage of significant scope or duration in the full quantities authorized by such Act.

DIVISION P--RAY BAUM'S ACT OF 2018

Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 or the RAY BAUM'S Act of 2018

TITLE I--FCC REAUTHORIZATION

(Sec. 101) This title reauthorizes the Federal Communications Commission (FCC) for FY2019-FY2020. It amends the Communications Act of 1934 to require that FCC-collected regulatory fees be credited as offsetting collections.

The Department of the Treasury must accept bidding deposits for spectrum auctions held by the FCC; the deposits of successful bidders must be used for deficit reduction.

(Sec. 102) Application fees must be assessed at rates to recover costs associated with processing applications; regulatory fees must be assessed to recover the costs of employee pay, other employee benefits, and nondiscretionary costs. Congress must be given notice of adjustments to applications and regulatory fees, but such adjustments are not subject to judicial review. The FCC must assess specified late fees and charge interest on certain fees that are not paid in a timely manner. The FCC may dismiss an application or revoke an instrument of authority held by a licensee for a failure to pay fees and penalties in a timely manner.

TITLE II--APPLICATION OF ANTIDEFICIENCY ACT

(Sec. 201) The Universal Service Antideficiency Temporary Suspension Act is amended to extend through December 31, 2019, the waiver of certain limitations on: (1) expending, obligating, or apportioning appropriations with respect to federal universal service contributions collected or received under the Communications Act of 1934; and (2) expending or obligating funds attributable to such contributions for universal service support programs.

TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS

(Sec. 301) The FCC must submit to Congress and publish on the FCC website a study on the public safety benefits, technical feasibility, and cost of providing the public with access to 9-1-1 services during times of emergency when mobile service is unavailable, through:

  • telecommunications service provider-owned WiFi access points and other communications technologies operating on unlicensed spectrum, without requiring any login credentials;
  • non-telecommunications service provider-owned WiFi access points; and
  • other alternative means.

(Sec. 302) The Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended to expand the categories of essential service providers that may access a disaster site to restore and repair essential services in an emergency or major disaster without being denied or impeded by a federal agency. Services to be considered essential are wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service.

TITLE IV--FCC CONSOLIDATED REPORTING

(Sec. 401) This title replaces various reporting requirements with a communications marketplace report that the FCC must publish on its website and submit to Congress every two years. The report must describe the FCC's actions in the marketplace and its agenda for the next two years. The FCC must: (1) consider all forms of competition; (2) compile a list of geographic areas that are not served by any provider of advanced telecommunications capability; and (3) consider market entry barriers for entrepreneurs and small businesses in accordance with national policy favoring diversity of media voices, competition, technological advancement, and promotion of the public interest, convenience, and necessity.

TITLE V--ADDITIONAL PROVISIONS

(Sec. 501) This section amends the Inspector General Act of 1978 to require the President, with the advice and consent of the Senate, to appoint the FCC Inspector General. (Currently, the FCC appoints the FCC Inspector General.)

(Sec. 502) The FCC must ensure that its Chief Information Officer has a significant role in: (1) the decision-making process for annual and multi-year planning, programming, budgeting, execution decisions, and reports related to information technology; (2) the management, governance, and oversight processes related to information technology; and (3) the hiring of personnel with information technology responsibilities. The Chief Information Officer must consult with the FCC Chief Financial Officer and budget officials to specify and approve the allocation of amounts appropriated to the FCC for information technology.

(Sec. 503) This section expands the prohibition against knowingly transmitting misleading or inaccurate caller identification information to apply to: (1) persons outside the United States if the recipient is within the United States, and (2) text messages. Existing caller identification requirements that apply to calls made using a telecommunications service or IP-enabled voice service are revised to apply to: (1) services interconnected with the public switched telephone network and that furnish voice communications using resources from the North American Numbering Plan; and (2) transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine.

The FCC must coordinate with the Federal Trade Commission (FTC) to develop and regularly update education materials that help consumers identify: (1) scams and fraudulent activity that rely upon misleading or inaccurate caller identification information, and (2) existing technologies that consumers can use to protect against such fraud.

The Government Accountability Office (GAO) must report on: (1) actions taken, or actions that could be taken, by the FCC or the FTC to combat the fraudulent provision of misleading or inaccurate caller identification information; and (2) any recommendations to combat the fraudulent provision of such information.

(Sec. 504) The FCC must submit to Congress a report on promoting broadband Internet access service for veterans, in particular low-income veterans and veterans residing in rural areas. In preparing the report, the FCC shall provide the public with notice and an opportunity to comment.

(Sec. 505) The FCC must promulgate rules to establish a consistent methodology for its collection of coverage data about the available speed tiers and performance characteristics of commercial mobile and data service for the Universal Service program or any similar programs.

(Sec. 506) The FCC must conclude a proceeding to consider adopting rules to ensure that a dispatchable location is conveyed with 9-1-1 calls, including calls from multi-line telephone systems, regardless of the technological platform used. "Dispatchable location" means the street address of the call in g party and additional information necessary to adequately identify the location of the calling party.

(Sec. 507) The Department of Commerce must study and report about how the National Telecommunication and Information Administration (NTIA) can best coordinate the interagency process following cybersecurity incidents.

(Sec. 508) The FCC must submit a report that evaluates broadband coverage in Indian country and on land held by Alaska Native Corporations. The report must include an assessment of areas that have adequate broadband coverage and of unserved areas.

(Sec. 509) FCC commissioners may continue to serve after the expiration of their terms until a successor has taken the oath of office but may not continue to serve after the end of the session of Congress that begins after their term has expired.

(Sec. 510) The FCC may not modify, amend, or change its rules or regulations for universal service support payments in order to implement recommendations made on February 27, 2004, by the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.

(Sec. 511) Any press release from the FCC regarding the issuance of a notice of apparent liability shall include a disclaimer that such notice should be treated only as an allegation and that the amount of any forfeiture penalty is the maximum penalty that the FCC may impose for the alleged violation.

(Sec. 512) The FCC must make publicly available what systems of competitive bidding for licenses and permits will be used during the next 12-month period, and identify, if possible, the bands of frequencies expected to be auctioned.

TITLE VI--MOBILE NOW

Making Opportunities for Broadband Investments and Limiting Excessive and Needless Obstacles to Wireless Act or the MOBILE NOW Act

(Sec. 603) This section requires the NTIA and the FCC, by December 31, 2022, to identify at least 255 megahertz of federal and nonfederal spectrum for mobile and fixed wireless broadband use. Of the spectrum identified, at least: (1) 100 megahertz below the frequency of 8000 megahertz shall be identified for use on an unlicensed basis; (2) at least 55 megahertz below the frequency of 8000 megahertz shall be identified for use on either a licensed or unlicensed basis or a combination of licensed and unlicensed; and (3) 100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed basis for commercial mobile use, pursuant to the FCC's authority to implement licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent federal entities in designated geographic areas indefinitely or for a length of time sti pulated in transition plans approved by an NTIA technical panel for those incumbent entities to relocate to alternate spectrum.

In identifying such spectrum for use, the NTIA and the FCC must consider: (1) the need to preserve critical existing and planned federal government capabilities; (2) the impact on existing state, local, and tribal government capabilities; (3) international implications; (4) appropriate enforcement mechanisms and authorities; and (5) the importance of the deployment of wireless broadband services in rural areas.

(Sec. 604) The FCC must publish a notice of proposed rulemaking to consider service rules to authorize mobile or fixed terrestrial wireless operations in the radio frequency band between 42000 and 42500 megahertz.

(Sec. 605) The NTIA and the FCC must submit reports evaluating the feasibility of allowing commercial wireless services to share use of specified frequencies between 3100 and 4200 megahertz. If such sharing is feasible, the reports must identify which of the frequencies are most suitable: (1) for sharing with commercial wireless services through the assignment of new licenses by competitive bidding, (2) for sharing with unlicensed operations, or (3) for sharing through a combination of licensing and unlicensed operations. The FCC must seek public comment regarding these reports.

(Sec. 606) The Middle Class Tax Relief and Job Creation Act of 2012 is amended to require executive agencies, within 270 days after receiving an application, to grant or deny easements, rights-of-way, or leases to, in, over, or on federal property to install, construct, modify, or maintain a communications facility installation. Executive agencies must: (1) notify applicants of the reasons for denials, and (2) designate an agency point of contact for applicants. This section expands the categories of infrastructure, antennas, wiring, and wireless transmission equipment for which applicants may seek such easements, rights-of-way, or leases.

The NTIA must coordinate with the Departments of the Interior, Agriculture, Defense, and Transportation (DOT), the Office of Management and Budget, and the General Services Administration (GSA) to develop recommendations for tracking and expediting such applications.

(Sec. 607) To facilitate installation of broadband infrastructure, the DOT must promulgate regulations to ensure that states receiving federal-aid highway funds: (1) identify a broadband utility coordinator to facilitate the broadband infrastructure right-of-way efforts within the state; (2) register broadband infrastructure entities that seek to be included in those facilitation efforts; (3) establish a process to electronically notify such entities of the state transportation improvement program on an annual basis; (4) coordinate statewide telecommunication and broadband plans and state and local transportation and land use plans, including strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way; and (5) ensure that any existing broadband infrastructure entities are not disadvantaged.

(Sec. 608) The GSA must identify in its database of real property owned, leased, or managed by executive agencies any property that is capable of supporting a communications facility installation. The GSA must report to Congress regarding potential ways to incentivize state and local governments to provide similar information for the database.

(Sec. 609) After notice and an opportunity for public comment, Commerce must submit recommendations to incentivize federal entities to relinquish, or share with federal or nonfederal users, federal spectrum for commercial wireless broadband services. It must consider whether permitting eligible federal entities to accept payments could expedite access to eligible frequencies.

(Sec. 610) The FCC must collaborate with the NTIA to determine the best means of providing federal entities flexible access to nonfederal spectrum on a shared basis across a range of short-, mid-, and long-range time frames, including for intermittent purposes such as emergency use.

(Sec. 611) After public notice and comment, the FCC must adopt rules that permit unlicensed services to use any frequencies designated as guard bands to protect frequencies allocated by competitive bidding if it would not cause harmful interference.

(Sec. 612) The OMB may provide pre-auction funding to federal agencies for auctions intended to occur within eight years (currently, five years) after the transfer of funds.

(Sec. 613) Federal entities may request an immediate transfer of funds to pay for relocation or sharing costs after the frequencies are reallocated by competitive bidding.

(Sec. 614) The Spectrum Pipeline Act of 2015 is amended to require the FCC to provide notice and an opportunity for public comment before it submits reports regarding: (1) the results of rule changes relating to the frequencies between 3550 and 3650 megahertz, and (2) proposals to promote and identify additional spectrum bands that can be shared between incumbent uses and new licensed and unlicensed services under such rules and that identify at least 1 gigahertz between 6 gigahertz and 57 gigahertz for such use.

(Sec. 615) The GAO must recommend policies to increase the availability of broadband Internet access using unlicensed spectrum and wireless networks in low-income neighborhoods, particularly for elementary and secondary school-aged children.

(Sec. 616) The FCC must establish a rulemaking proceeding to assess whether to establish a program, or modify existing programs, under which a licensee that receives a license for the exclusive use of spectrum in a specific geographic area may partition or disaggregate the license by sale or long-term lease to provide services consistent with the license and make unused spectrum available to: (1) unaffiliated small carriers with not more than 1,500 employees, or (2) other unaffiliated carriers to serve rural areas.

(Sec. 617) This section declares that it is U.S. policy to: (1) maximize U.S. spectrum resources to benefit the U.S. people, (2) advance wireless broadband innovation and investment, and (3) make available on an unlicensed basis radio frequency bands sufficient to address consumer demand.

The FCC must ensure that its spectrum allocation and assignment efforts make available on an unlicensed basis radio frequency bands sufficient to address demand for unlicensed wireless broadband operations if doing so is reasonable and in the public interest after taking into account the future needs of homeland security, national security, and other spectrum users.

(Sec. 618) The FCC must develop a national plan for making additional radio frequency bands available for unlicensed or unlicensed by rule operations. The NTIA must recommend reforms to the Spectrum Relocation Fund to address federal entities sharing costs and expenditures under the plan.

Spectrum Challenge Prize Act

(Sec. 619) Commerce must conduct prize competitions to accelerate the development and commercialization of technology that improves spectrum efficiency and is capable of cost-effective deployment.

Not more than $5 million, in the aggregate, may be awarded to prize competition winners.

The FCC must publish a technical paper providing criteria that may be used for the design of such competitions.

Wireless Telecommunications Tax and Fee Collection Fairness Act

(Sec. 620) State and local jurisdictions are prohibited from requiring a nonresident person or entity with its principal place of business in the state to collect from, or remit on behalf of, any other person a state or local tax, fee, or surcharge imposed on the purchase or use of any wireless telecommunications service within the state unless the collection or remittance is in connection with a financial transaction in which the purchaser or user upon whom a tax, fee, or surcharge is imposed gives cash, credit, or any other exchange of monetary value or consideration to the person who is required to collect or remit the tax, fee, or surcharge. Any person who is aggrieved by a violation of such prohibition may bring a civil action in U.S. district court for relief.

(Sec. 623) No additional funds are authorized to carry out this title.

DIVISION Q--KEVIN AND AVONTE'S LAW

Kevin and Avonte's Law of 2018

TITLE I--MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM REAUTHORIZATION

Missing Americans Alert Program Act of 2018

(Sec. 102) This title amends the Violent Crime Control and Law Enforcement Act of 1994 to revise and rename the Missing Alzheimer's Disease Patient Alert Program as the Missing Americans Alert Program and to reauthorize it through FY2022.

It directs the Department of Justice's (DOJ's) Bureau of Justice Assistance (BJA) to award competitive grants to health care, law enforcement, or public safety agencies; and nonprofit organizations to develop or operate locally based proactive programs to prevent wandering and locate missing individuals with dementia or developmental disabilities. The BJA must give preference to law enforcement or public safety agencies partnering with nonprofit organizations that use person-centered plans that minimize restrictive interventions and are directly linked to individuals, and families of individuals, with dementia or developmental disabilities.

Additionally, it directs the BJA to award grants to health care, law enforcement, or public safety agencies to develop tracking technology programs to locate missing individuals with dementia or children with developmental disabilities.

The title subjects grants under the Missing Americans Program to accountability provisions. DOJ's Office of Inspector General must conduct annual audits of selected grant recipients. The title prohibits grants to nonprofit organizations that hold money in an offshore account to avoid tax liability. It also limits the use of grants under this bill for conferences that use more than $20,000 in DOJ funds.

DOJ must identify and report on duplicative grant awards. DOJ must also report annually to Congress certain information regarding the Missing Americans Alert Program.

TITLE II--EDUCATION AND OUTREACH

(Sec. 201) This title amends the Missing Children's Assistance Act to specify that, with respect to training and technical assistance provided by the National Center for Missing and Exploited Children, cases involving missing and exploited children include cases involving children with developmental disabilities such as autism.

TITLE III--PRIVACY PROTECTIONS

(Sec. 302) DOJ must establish, and certain grant recipients must comply with, standards and best practices related to the use of tracking technology to locate missing individuals with dementia or developmental disabilities.

This section prohibits the use of data from tracking devices to create a federal database. It also prohibits construing this title to require a parent or guardian to use a tracking device.

DIVISION R--TARGET ACT

Targeted Rewards for the Global Eradication of Human Trafficking or the TARGET Act

(Sec. 2) This section expresses the sense of Congress that the Department of State's Transnational Organized Crime Rewards Program is a powerful tool in combating sophisticated international crime and that the State Department and federal law enforcement should work in concert to offer rewards that target human traffickers who prey on the most vulnerable people around the world.

(Sec. 3) This section amends the State Department Basic Authorities Act of 1956 to broaden the definition of "transnational organized crime," for purposes of the rewards program, to include severe forms of trafficking in persons involving at least one jurisdiction outside of the United States.

DIVISION S--OTHER MATTER

TITLE I--CHILD PROTECTION IMPROVEMENTS ACT

(Sec. 101) This title amends the National Child Protection Act of 1993 to direct DOJ to establish a program to provide national criminal history background checks and criminal history reviews for organizations that serve children, elderly adults, or individuals with disabilities.

TITLE II--SAVE AMERICA'S PASTIME ACT

(Sec. 201) This title amends the Fair Labor Standards Act of 1938 to exempt from minimum wage and maximum hours requirements a baseball player whose contract provides for a weekly salary during the postseason (but not spring training or the off-season) at a rate equal to or greater than minimum wage for a 40-hour workweek, regardless of the number of hours the player devotes to baseball-related activities.

TITLE III--KEEP YOUNG ATHLETES SAFE ACT

Keep Young Athletes Safe Act of 2018

(Sec. 302) This title authorizes DOJ to award a grant to a nonprofit nongovernmental entity to support oversight of the U.S. Olympic Committee, national governing bodies, and Paralympic sports organizations in safeguarding amateur athletes against abuse.

TITLE IV--CONSENT OF CONGRESS TO AMENDMENTS TO THE CONSTITUTION OF THE STATE OF ARIZONA

(Sec. 401) This title grants congressional consent to an amendment to the Arizona Constitution that increases the distribution of funds from the state land trust to public schools.

TITLE V--STOP SCHOOL VIOLENCE ACT

Student, Teachers, and Officers Preventing School Violence Act of 2018 or the STOP School Violence Act of 2018

(Sec. 502) This title amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize through FY2028 the Secure Our Schools grant program. This grant program provides grants to states, local governments, and Indian tribes to improve security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds.

TITLE VI--FIX NICS ACT

Fix NICS Act of 2018

(Sec. 602) This section amends the Brady Handgun Violence Prevention Act to require each federal agency and department, including a federal court, to:

  • certify whether it has provided to the National Instant Criminal Background Check System (NICS) disqualifying records of persons prohibited from receiving or possessing a firearm, and
  • establish and substantially comply with an implementation plan to maximize record submissions and verify their accuracy.

(Sec. 603) This section amends the NICS Improvement Amendments Act of 2007 to modify and reauthorize through FY2022 the NICS Act Record Improvement Program (NARIP). Specifically, it:

  • establishes a domestic abuse and violence prevention initiative as a priority area for NARIP grant funding, and
  • creates a funding preference for states that establish an implementation plan and use grant funds to upload felony conviction and domestic violence records.

(Sec. 604) This section amends the Crime Identification Technology Act of 1998 to modify and reauthorize through FY2022 the National Criminal History Improvement Program (NCHIP). Specifically, it:

  • specifies that facilitating full participation in the NICS, as an allowable use of NCHIP grant funds, includes increasing efforts to pre-validate felony conviction and domestic violence records to expedite eligibility determinations; and
  • permits the federal share of a grant to exceed 90% of program costs if a state complies with its implementation plan.

(Sec. 605) This section amends the NICS Improvement Amendments Act of 2007 to:

  • direct DOJ, in coordination with each state or tribal government, to establish an implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the NICS;
  • require DOJ to conduct, and publish the results of, compliance determinations for state and tribal governments; and
  • give preference to certain discretionary grant applicants that substantially comply with an implementation plan.

TITLE VII--STATE SEXUAL RISK AVOIDANCE EDUCATION PROGRAM

(Sec. 701) This title amends the Social Security Act to provide full payment for the State Sexual Risk Avoidance Education Program, which exclusively funds education on refraining from sexual activity. Currently, states receive federal funding for a portion of the total funds expended for such programs.

TITLE VIII--SMALL BUSINESS CREDIT AVAILABILITY ACT

Small Business Credit Availability Act

(Sec. 802) This title amends the Investment Company Act of 1940 to reduce the required asset-coverage ratio applicable to a Business Development Company (BDC) from 200% to 150% if: (1) the BDC makes specified disclosures on its website and to the Securities and Exchange Commission (SEC); and (2) the modified asset-coverage ratio is approved by the required majority of the BDC's directors, general partners, or shareholders (as applicable).

(Sec. 803) The SEC must allow BDCs to use securities offering and proxy rules that are available to other issuers.

TITLE IX--SMALL BUSINESS ACCESS TO CAPITAL AFTER A NATURAL DISASTER ACT

Small Business Access to Capital After a Natural Disaster Act

(Sec. 902) This title amends the Securities Exchange Act of 1934 to require the Advocate for Small Business Capital Formation within the SEC to report on issues encountered by small businesses affected by hurricanes or other natural disasters.

TITLE X--TAYLOR FORCE ACT

Taylor Force Act

(Sec. 1004) Certain assistance under the Foreign Assistance Act of 1961 that directly benefits the Palestinian Authority (PA) may not be made available for the West Bank and Gaza unless the Department of State certifies that the PA, the Palestine Liberation Organization (PLO), or any successor or affiliated organizations:

  • are taking steps to end acts of violence against U.S. and Israeli citizens perpetrated or materially assisted by individuals under their jurisdictional control, such as the March 2016 attack that killed former Army officer Taylor Force;
  • have terminated payments for acts of terrorism against U.S. and Israeli citizens to any individual who has been fairly tried and imprisoned for such acts, to any individual who died committing such acts, and to family members of such an individual;
  • have revoked any law, regulation, decree, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or incarceration period to determine compensation; and
  • are publicly condemning such acts and are taking steps to investigate or are cooperating in investigations to bring the perpetrators to justice.

This assistance limitation shall not apply to payments made to the East Jerusalem Hospital Network, certain wastewater projects, and certain vaccination programs.

The State Department must report to Congress regarding any assistance withheld under this section.

(Sec. 1006) The State Department must report to Congress annually for six years with respect to: (1) PA and PLO expenditures as payments to individuals and families for acts of terrorism; (2) Palestinian laws, decrees, regulations, or documents that authorize or implement such payments and U.S. policy and engagement with the PA to confirm their revocation; and (3) U.S. policy and engagement with other governments and the United Nations to highlight such payments and urge other nations to join the United States in calling on the PA to end them.

TITLE XI--FARM ACT

Fair Agricultural Reporting Method Act or the FARM Act

(Sec. 1102) This title amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exempt air emissions from animal waste from certain penalties and from requirements regarding notification and recordkeeping.

TITLE XII--TIPPED EMPLOYEES

(Sec. 1201) This title amends the Fair Labor Standards Act of 1938 to prohibit an employer, including managers and supervisors, from keeping any portion of an employee's tips. Violators are subject to specified penalties.

TITLE XIII--REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT RULES

(Sec. 1301) This title extends, and otherwise revises, supplemental Medicare payments known as "pass-through payments" for certain new drugs and biologicals.

DIVISION T--REVENUE PROVISIONS

(Sec. 101) This section amends the Internal Revenue Code (IRC) to make several modifications to the tax treatment of certain agricultural or horticultural cooperatives and their patrons.

The modifications include:

  • replacing the deduction for the qualified business income of certain agricultural or horticultural cooperatives with a deduction based on qualified production activities income of the cooperatives,
  • repealing the special deduction for qualified cooperative dividends,
  • repealing the rule that excludes qualified cooperative dividends from qualified business income of a qualified trade or business, and
  • reducing the deduction for qualified payments received from specified agricultural or horticultural cooperatives.

(Sec. 102) This section modifies the low-income housing tax credit to increase the state housing credit ceiling for 2019, 2020, and 2021 by multiplying the dollar amounts in effect for each year by 1.125.

(Sec. 103) The section establishes an optional average income test for determining whether a project is a qualified low-income housing project for the purpose of the low-income housing tax credit.

DIVISION U--TAX TECHNICAL CORRECTIONS

Tax Technical Corrections Act of 2018

TITLE I--TAX TECHNICAL CORRECTIONS

Sections 101-109 of this title make technical and conforming changes relating to:

  • the Protecting Americans from Tax Hikes Act of 2015;
  • the Consolidated Appropriations Act, 2016;
  • the Fixing America's Surface Transportation Act;
  • the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015;
  • the Stephen Beck, Jr., ABLE Act of 2014;
  • the American Taxpayer Relief Act of 2012;
  • the United States-Korea Free Trade Agreement Implementation Act;
  • the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); and
  • the American Jobs Creation Act of 2004.

TITLE II--TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES

Sections 201-207 of this title make technical and conforming changes to the partnership audit rules, including provisions related to:

  • the scope of adjustments subject to partnership audit rules,
  • the determination of imputed underpayments,
  • procedures for filing amended returns to modify imputed underpayments,
  • treatment of pass-through partners in tiered structures, and
  • the treatment of a partnership that failed to pay any amount of an imputed underpayment.

TITLE III--OTHER CORRECTIONS

(Sec. 301) This section modifies the requirements for determining which partnerships are required to file tax returns on magnetic media or in other machine-readable form.

(Sec. 302) This section makes a technical and conforming change to the depreciation rules for qualifying small power production facilities, which have a power production capacity of not greater than 80 megawatts,

TITLE IV--CLERICAL CORRECTIONS AND DEADWOOD

(Sec. 401) This section makes technical and conforming changes to the IRC and amends various provisions that are not used in computing current tax liabilities (referred to as deadwood provisions).

DIVISION V--CLOUD ACT

Clarifying Lawful Overseas Use of Data Act or the CLOUD Act

(Sec. 103) This section amends the federal criminal code to specify that an electronic communication service (ECS) or remote computing service (RCS) provider must comply with existing requirements to preserve, backup, or disclose the contents of an electronic communication or noncontent records or information pertaining to a customer or subscriber, regardless of whether the communication or record is located within or outside the United States.

An ECS or RCS provider may challenge a domestic warrant that compels disclosure of the contents of an electronic communication if:

  • the customer or subscriber is not a U.S. citizen or national, lawful permanent resident, corporation, or other unincorporated entity;
  • the customer or subscriber does not reside in the United States; and
  • the required disclosure creates a material risk that the provider violates the laws of a foreign government with which the United States has in effect an executive agreement on data access.

(Sec. 104) In response to an order from a foreign government with which the United States has an executive agreement on data access, an ECS or RCS provider may:

  • intercept or disclose the contents of an electronic communication, and
  • disclose the contents of a stored electronic communication or noncontent records or information pertaining to a subscriber or customer.

(Sec. 105) This section establishes a framework to allow the United States to enter into executive agreements with foreign governments to govern data access. To be valid, an executive agreement must meet certain requirements, including that the foreign government affords robust procedural privacy protections and adopts procedures to minimization procedures.

(Sec. 106) This title does not preclude a foreign authority from obtaining assistance in a criminal investigation or prosecution.