Summary: H.R.3354 — 115th Congress (2017-2018)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (09/14/2017)

Highlights:

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

Additionally, the bill includes the Department of Homeland Security Border Infrastructure Construction Appropriations Act, 2018 which provides funding to U.S. Customs and Border Protection for the construction of fencing and a wall along the Southern border.

The bill includes several provisions that modify various financial services laws and were included in H.R. 10 (Financial CHOICE Act of 2017), as passed by the House of Representatives on June 8, 2017.

The bill also establishes a new bankruptcy process for certain large financial institutions.

Full Summary:

Interior and Environment, Agriculture and Rural Development, Commerce, Justice, Science, Financial Services and General Government, Homeland Security, Labor, Health and Human Services, Education, State and Foreign Operations, Transportation, Housing and Urban Development, Defense, Military Construction and Veterans Affairs, Legislative Branch, and Energy and Water Development Appropriations Act, 2018

Make America Secure and Prosperous Appropriations Act, 2018

DIVISION A--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,
  • Payments in Lieu of Taxes (PILT),
  • 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 sale of wild horses and burros that results in their destruction for processing into commercial products, including for human consumption.

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.

Rescinds FY2018 contract authority provided by the Land and Water Conservation Fund Act of 1965.

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,
  • the Office of Natural Resources Revenue, and
  • the Payments in Lieu of Taxes (PILT) program.

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

(Sec. 114) 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. 115) Prohibits funds provided by this division from being used to list the Trestles Historic District in San Diego County, California, on the National Register of Historic Places or to make a determination of eligibility with respect to the listing.

(Sec. 116) Requires Interior to reissue two final rules removing recovered gray wolves in Wyoming and the Great Lakes from the endangered species list. Exempts the reissuances from judicial review.

(Sec. 117) Prohibits Interior from using funds provided by this division to treat any gray wolf in any of the 48 contiguous states or the District of Columbia as an endangered species or threatened species under the ESA.

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.

Authorizes the EPA to collect and use certain user fees under the Toxic Substances Control Act.

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 federally recognized Indian tribes notwithstanding certain provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).

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 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 report 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. Permits specified funds to be assessed 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.

Permits any unobligated balances of funds provided a previous fiscal year for the FLAME Wildfire Suppression Reserve Fund to remain available through FY2020.

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) Amends the Federal Lands Recreation Enhancement Act to extend the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.

(Sec. 417) 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. 418) Prohibits the use of any funds to implement any provision in a rule that requires mandatory reporting of greenhouse gas emissions from manure management systems.

(Sec. 419) Amends the Department of Defense Appropriations Act, 2000 to extend the Dwight D. Eisenhower Memorial Commission.

(Sec. 420) Prohibits funds from being used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act or any other law.

(Sec. 421) 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. 422) Amends the Chesapeake Bay Initiative Act of 1998 to extend the authorization for the Chesapeake Bay Initiative.

(Sec. 423) Extends the authority of the Forest Service to renew certain grazing permits.

(Sec. 424) 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. 425) Amends the Forest Service Facility Realignment and Enhancement Act of 2005 to extend the authority for conveyances of certain Forest Service administrative sites.

(Sec. 426) 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. 427) 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. 428) Requires the Department of Energy (DOE), the Department of Agriculture (USDA), and the EPA to jointly: (1) ensure that federal policy relating to forest bioenergy 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 the 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. 429) Amends the John F. Kennedy Center Act to authorize FY2018 appropriations for the John F. Kennedy Center for the Performing Arts.

(Sec. 430) 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. 431) Authorizes the Environmental Protection Agency and the Army Corps of Engineers to withdraw the Waters of the United States rule without regard to any provision of statute or regulation that establishes a requirement for withdrawal. (This provision applies to the final rule issued by the two agencies on June 29, 2015, and titled "Clean Water Rule: Definition of 'Waters of the United States.'" The rule revised regulations defining the scope of waters protected and regulated under the Clean Water Act.)

(Sec. 432) Specifies requirements for the implementation of national ambient air quality standards for ozone.

(Sec. 433) Prohibits funds from being used to finalize, implement, administer, or enforce the proposed rule titled "Financial Responsibility Requirements Under CERCLA section 108(b) for Classes of Facilities in the Hardrock Mining Industry" published by the EPA on January 11, 2017.

(Sec. 434) Prohibits the EPA from using funds provided by this division to issue any regulation under the Solid Waste Disposal Act that applies to an animal feeding operation, including a concentrated animal feeding operation and a large concentrated animal feeding operation.

(Sec. 435) Prohibits funds provided by this division from being used for further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547 (Stewardship of the Ocean, Our Coasts, and the Great Lakes).

(Sec. 436) Prohibits funds from being used to prohibit the use or access to federal land for hunting, fishing, or recreational shooting except for public safety.

(Sec. 437) Requires Interior and USDA to make vacant grazing allotments available to holders of grazing permits or leases if lands covered by the permits or leases or other grazing lands used by the holder are unusable because of drought or wildfire.

(Sec. 438) Prohibits funds provided by this division from being used to conduct reviews of site assessment or construction and operation plans for any project that would entail the construction or location of wind turbines less than 24 nautical miles from the Maryland shoreline.

(Sec. 439) Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 440) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 441) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

(Sec. 442) Prohibits funds provided by this division from being used to limit outreach programs administered by the Smithsonian Institution.

(Sec. 443) Prohibits funds provided by this division for the National Park Service's National Recreation and Preservation account from being used in contravention of policies under current law for the preservation of historic sites, buildings, and objects of national significance for public use.

(Sec. 444) Prohibits funds provided by this division from being used to eliminate the Urban Wildlife Refuge Partnership.

(Sec. 445) Prohibits funds provided by this division from being used to enforce the export permission requirements under the ESA for members of the phylum Echinodermata (commonly known as sea urchins and sea cucumbers).

(Sec. 446) Prohibits funds provided by this division from being used for the proposed NPS rule titled "Special Regulations, Areas of the National Park Service, Golden Gate National Recreation Area, Dog Management."

(Sec. 447) Prohibits funds provided by this division from being used to propose to repeal provisions of the Gulf of Mexico Energy Security Act of 2006 that allocated specified offshore drilling revenues to Gulf producing states (Alabama, Louisiana, Mississippi, and Texas) and the Land and Water Conservation Fund.

(Sec. 448) Prohibits the EPA from using funds provided by this division to use specified pay authorities provided by the Public Health Service Act to hire or pay the salary of any EPA officer or employee who is not already receiving pay under one of the authorities on the date of enactment of this division. (The authorities permit certain consultants and scientists to be appointed without regard to civil service laws.)

(Sec. 449) Prohibits funds provided by this division from being used to withdraw National Forest System lands within the Rainy River Watershed on the Superior National Forest from disposition under U.S mineral and geothermal leasing laws.

(Sec. 450) Prohibits the EPA from using funds provided by this division to enforce notification requirements regarding released substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Emergency Planning and Community Right-To-Know Act of 1986 with respect to releases of hazardous substances from animal waste at farms.

(Sec. 451) Prohibits funds provided by this division from being used to enter into a cooperative agreement with or make any grant or loan to establish a national heritage area, national heritage corridor, national heritage canal way, national heritage tour route, national historic district, cultural heritage corridor, or other heritage partnership program within specified counties in Colorado.

(Sec. 452) Prohibits Interior from using funds provided by this division to require changes to an existing placer mining plan of operations with regard to reclamation activities, including revegetation, or to modify the bond requirements for the mining operation.

(Sec. 453) Prohibits funds provided by this division from being used to enforce the final BLM rule titled "Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Oil."

(Sec. 454) Prohibits Interior from using funds provided by this division to implement the final rule titled "Alaska; Hunting and Trapping in National Preserves" or to develop, issue, or implement any other rule of the same substance.

(Sec. 455) Prohibits the EPA from using funds provided by this division to take specified actions in response to the development or implementation of a state's Watershed Implementation Plan for the restoration of the Chesapeake Bay.

(Sec. 456) Prohibits the EPA from using funds provided by this division to give formal notification under, or prepare, propose, implement, administer, or enforce any rule or recommendation pursuant to specified provisions of the Clean Air Act regarding air pollution emitted in the United States that may endanger public health or welfare in foreign countries.

(Sec. 457) Prohibits funds provided by this division from being used to finalize, implement, or enforce the rule submitted by BLM titled "Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Site Security."

(Sec. 458) Prohibits funds provided by this division from being used to implement or enforce the threatened species or endangered species listing of any plant or wildlife that has not undergone a review at least every five years, as required by the ESA.

(Sec. 459) Prohibits funds provided by this division from being used to implement or enforce the threatened species listing of the Preble's meadow jumping mouse under the ESA.

(Sec. 460) Prohibits funds provided by this division from being used for the BLM's rule regarding Waste Prevention, Production Subject to Royalties, and Resource Conservation published on November 18, 2016. (The rule requires operators to take various actions to reduce the waste of natural gas from venting, flaring, and leaks during oil and natural gas production activities on onshore federal and Indian leases. The rule also specifies when produced gas lost through venting, flaring, or leaks is subject to royalties, and when oil and gas production used on site would be royalty-free.)

(Sec. 461) Prohibits funds provided by this division from being used to pay legal fees pursuant to a settlement in any case in which the federal government is a party and that arises under the Clean Air Act, the Clean Water Act, or the ESA.

(Sec. 462) Prohibits funds provided by this division from being used to enforce the final EPA rule titled "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources."

(Sec. 463) Prohibits funds provided by this division from being used to prepare, propose, or promulgate any regulation that relies on analysis contained in several technical support documents related to the social cost of carbon.

DIVISION B--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 A.

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;
  • 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 Grain Inspection, Packers and Stockyards Administration;
  • 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:

  • the Office of the Under Secretary for Farm Production and Conservation,
  • the Farm Service Agency,
  • the Risk Management Agency,
  • the Natural Resources Conservation Service,
  • the Federal Crop Insurance Corporation Fund, and
  • 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,
  • the Rural Utilities Service, and
  • the Rural Economic Infrastructure Account.

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 food stamps);
  • 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 or upgrade information technology systems 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.

(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) Limits funds that may be used for the following programs:

  • the Watershed Rehabilitation Program;
  • the Rural Energy for America Program;
  • the Biomass Crop Assistance Program;
  • the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program; and
  • the Agricultural Management Assistance Program.

(Sec. 715) Limits funds for the following domestic food assistance categories:

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

Limits FY2018 funds for the Fresh Fruit and Vegetable Program that provides fruit and vegetables to students in participating elementary schools.

Prohibits USDA from using funds for payments authorized by Section 32 of the Agricultural Adjustment Act of 1935 to increase purchasing power of agricultural producers or for surplus removal or price support activities authorized by the Commodity Credit Corporation Charter Act.

(Section 32 is a program created to assist agricultural producers of non-price-supported commodities and 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. This provision effectively prohibits the use of Section 32 for emergency disaster payments.)

Rescinds specified unobligated balances provided for domestic food assistance programs.

(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) Requires USDA to: (1) notify Congress at least three full business days in advance of making certain grant allocations or contract awards that are at least $1 million, and (2) submit quarterly reports to Congress detailing grant allocations or discretionary grant awards that are less than $1 million.

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

(Sec. 724) 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. 725) Requires USDA to establish 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 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. 729) 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. 730) Specifies the matching requirements that apply to funds appropriated for the Agriculture and Food Research Initiative.

(Sec. 731) 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. 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) 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. 737) 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. 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) Permits USDA to charge a fee for lenders to access USDA loan guarantee systems in connection with participation in the loan guarantee programs of the Rural Housing Service.

(Sec. 740) 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. 741) Rescinds specified unobligated balances from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

(Sec. 742) 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. 743) Requires USDA to permit states to grant exemptions from whole grain requirements for the National School Lunch Program and the School Breakfast Program that took effect on or after July 1, 2014.

Requires states to establish a process for responding to exemption requests, provided that school food authorities demonstrate hardship in procuring whole grain products compliant with new standards and comply with whole grain standards in effect prior to July 1, 2014.

Prohibits funds from being used to implement regulations requiring a specified reduction in sodium in federally reimbursed meals, foods, and snacks sold in schools.

Requires USDA to allow states to grant special exemptions for the service of flavored, low-fat fluid milk in the School Lunch Program and the School Breakfast Program and as a competitive food available on campus during the school day, to schools which demonstrate a reduction in student milk consumption or an increase in school milk waste.

(Sec. 744) 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 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. 745) Prohibits USDA from including incarcerated prison populations to determine eligibility or the level of program assistance for Rural Development programs.

(Sec. 746) 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. 747) 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. 748) 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. 749) 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. 750) Rescinds specified unobligated balances of funds provided to carry out the Rural Energy Savings Program.

(Sec. 751) Prohibits funds from being used to lower the de minimis quantity of swap dealing established under the Commodity Exchange Act below $8 billion.

(Sec. 752) Prohibits the FDA from using funds provided by this division to implement, administer, or enforce, the final "deeming rule" for tobacco products with respect to traditional large and premium cigars.

(The rule deems e-cigarettes, cigars, pipe tobacco, hookah tobacco, and other products, to meet the statutory definition of "tobacco product" and to, therefore, be subject to FDA's regulatory authority. Manufacturers of newly deemed tobacco products that are currently being marketed in the United States must file an application for premarket review with FDA.)

(Sec. 753) Prohibits the FDA from using funds to require manufacturers of e-cigarettes and other newly deemed tobacco products on the market prior to the effective date of the deeming rule from filing an application for premarket review with the FDA.

Requires the FDA to issue specified regulations regarding vapor products, including characterizing flavors and batteries. Specifies requirements for advertising, selling, and labeling of vapor products.

(Sec. 754) 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. 755) Provides specified funds to the FDA to carry out provisions of the 21st Century Cures Act regarding FDA Innovation Projects.

(Sec. 756) 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. 757) 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. 758) Enacts section 202 (consideration by the Commodity Futures Trading Commission of the costs and benefits of its regulations and orders) and section 320 (treatment of transactions between affiliates) of H.R. 238 (Commodity End-User Relief Act), as passed by the House of Representatives on January 12, 2017, with a specified technical correction.

(Sec. 759) Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 760) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 761) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

(Sec. 762) Provides additional funding to the National Institute of Food and Agriculture to award teaching, research, and extension capacity building grants at certain colleges and universities.

Reduces the funding provide by this division for the Office of the Chief Information Officer.

(Sec. 763) 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. 764) Prohibits funds provided by this division from being used to revoke an exception made under the Grain Inspection, Packers and Stockyards Administration rule titled "Exceptions to Geographic Areas for Official Agencies Under the USGSA" after 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. 765) Prohibits funds provided by this division from being used to carry out provisions of the Richard B. Russell National School Lunch Act that require school food authorities to use a specified formula (known as Paid Lunch Equity requirements) to establish a price for paid lunches served to students who are not certified to receive free or reduced price meals.

(Sec. 766) Prohibits funds provided by this division from being used for a new hire who has not been verified through the E-Verify program, except for an employee compensated under a local compensation plan established under the Foreign Service Act of 1980.

DIVISION C--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,
  • the Bureau of Economic 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;
  • Fisheries 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 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.

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 report, 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 of 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 to use specified funds made available for grant and reimbursement programs for tribal criminal justice assistance without regard to the authorizations for the grant or reimbursement 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.

TITLE III--SCIENCE

Science Appropriations Act, 2018

Provides appropriations to the Office of Science and Technology Policy.

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.

(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) Specifies that funds included in this this division to implement E-Government Initiatives are subject to reprogramming procedures and requirements.

(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 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 approve the registration, renewal, or maintenance of the registration of a mark, trademark, trade name, or commercial name that is the same or substantially similar to a mark, trade name, or commercial name that was used in connection with a business or assets that were unlawfully confiscated in Cuba unless the original owner or a bona-fide successor-in-interest has expressly consented.

(Sec. 537) Prohibits funds provided by this division from being used to require a person licensed for importing, manufacturing, or dealing in firearms to report information to DOJ regarding the sale of multiple rifles or shotguns to the same person.

(Sec. 538) Permits a state to bring a civil action against the United States in a U.S. district court for declaratory and injunctive relief (including preliminary injunctive relief) as may be necessary to restore the sovereignty reserved to the states by the Constitution. Requires courts to advance on the docket and to expedite to the greatest possible extent the disposition of any such action.

(Sec. 539) Prohibits funds provided by this division from be used to relocate the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Canine Training Center or the ATF National Canine Division.

(Sec. 540) Prohibits funds provided by this division from being used to enter into a civil settlement agreement on behalf of the United States that requires any party-defendant to the agreement to make a donation to a non-party.

(Sec. 541) Prohibits funds provided by this division from being used to implement or enforce the designation of any area of the Chesapeake Bay watershed as critical habitat for the Atlantic sturgeon pursuant to the proposed rule published by NOAA on June 3, 2016.

(Sec. 542) Prohibits the Equal Employment Opportunity Commission (EEOC) from using funds provided by this division for the collection of certain information from employers relating to employees' earnings and hours worked, pursuant to the notice published by the EEOC in the Federal Register on July 14, 2016.

(Sec. 543) Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 544) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 545) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

(Sec. 546) Prohibits the National Marine Fisheries Service from using funds provided by this division to enforce Executive Order 13449 (Protection of Striped Bass and Red Drum Fish Populations) or specified regulations regarding the Atlantic striped bass in the Block Island Transit Zone.

(Sec. 547) Prohibits the ATF from using funds provided by this division to reclassify M855 ammunition as armor-piercing ammunition, except in the case of the administration of a tax or tariff.

(Sec. 548) Prohibits funds provided by this division from being used to relocate NOAA's Southeast Fisheries Science Center located in Virginia Key, Florida.

(Sec. 549) Prohibits funds provided by this division from being used for activities prohibited by the orders issued by the Attorney General titled:(1) "Prohibition on Certain Federal Adoptions of Seizures by State and Local Law Enforcement Agencies," and (2) "Prohibition on Certain Federal Adoptions of Seizures by State and Local Law Enforcement Agencies."

(Sec. 550) Prohibits funds provided by this division from being used to pay certain performance awards to an officer or employee of DOJ's Money Laundering and Asset Recovery Section before DOJ rules on all petitions for remission or mitigation in judicial forfeiture cases for which the Internal Revenue Service has submitted a report of its investigation and its recommendation to DOJ on or before June 26, 2017.

(Sec. 551) Prohibits funds provided by this division from being used to carry out Order Number 3946-2017 of the Attorney General (Federal Forfeiture of Property Seized by State and Local Law Enforcement Agencies) issued on July 19, 2017.

(Sec. 552) Prohibits funds provided by this division from being use to implement Order Number 3946-2017 (Federal Forfeiture of Property Seized by State and Local Law Enforcement Agencies) of the Attorney General allowing DOJ to forfeit assets seized by state or local law enforcement agencies.

(Sec. 553) Prohibits fund provided by this division from being used to implement, administer, or enforce Executive Order No. 13547 (Stewardship of the Ocean, Our Coasts, and the Great Lakes), including the National Ocean Policy developed under the executive order.

(Sec. 554) Prohibits funds provided by this division under the State Criminal Alien Assistance Program from being used in contravention of provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that specify that a government entity or official may not prohibit or restrict a government entity or official from communicating with the Immigration and Naturalization Service regarding an individual's citizenship or immigration status.

DIVISION D--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.

The division includes several provisions that modify various financial services laws and were included in H.R. 10 (Financial CHOICE Act of 2017), as passed by the House of Representatives on June 8, 2017.

The division also establishes a new bankruptcy process for certain large financial institutions.

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 provided by this division to implement the requirement under the Patient Protection and Affordable Care Act (PPACA) that individuals maintain minimum essential health care coverage.

(Sec. 113) 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. 114) Prohibits the IRS from using funds to implement or enforce IRS Notice 2017-10 with respect to transactions entered into before January 23, 2017. (The notice specifies certain syndicated conservation easement transactions that are tax avoidance transactions and notifies persons involved with the transactions of disclosure requirements and other responsibilities that may arise from their involvement.)

(Sec. 115) Prohibits Treasury from using funds provided by this division to finalize, implement, or enforce specified proposed amendments to regulations regarding restrictions on liquidation of an interest with respect to estate, gift, and generation-skipping transfer taxes.

(Sec. 116) Prohibits the IRS from using funds provided by this division to determine that a church, an integrated auxiliary of a church, or a convention or association of churches is not exempt from taxation for participating in, or intervening in, any political campaign unless: the IRS Commissioner consents, Congress is notified, and the determination is effective no earlier than 90 days after congressional notification.

(Sec. 117) 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. 118) Permits certain transfers between Treasury accounts, subject to congressional approval and specified requirements.

(Sec. 119) Permits the IRS to transfer certain funds to the Treasury Inspector General for Tax Administration, subject to congressional approval and specified requirements.

(Sec. 120) Bars Treasury or the Bureau of Engraving and Printing from using funds to redesign the $1 Federal Reserve note.

(Sec. 121) 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. 122) Prohibits the U.S. Mint from using funds to construct or operate any museum without congressional approval.

(Sec. 123) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without congressional approval.

(Sec. 124) Deems funds provided for Treasury's intelligence-related activities as authorized for FY2018 until the enactment of the Intelligence Authorization Act for FY2018.

(Sec. 125) 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. 126) Requires Treasury to submit a capital investment plan to Congress.

(Sec. 127) Requires the Office of Financial Stability and the Office of Financial Research to report quarterly to Congress on their activities.

(Sec. 128) Requires Treasury to report to Congress on the Franchise Fund.

(Sec. 129) 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. 130) Prohibits funds provided by this division from being used to approve, license, facilitate, authorize, or otherwise allow the importation of property confiscated by the Cuban government.

(Sec. 131) Prohibits funds provided by this division from being used to approve or otherwise allow the licensing of a mark, trade name, or commercial name that is substantially similar to one that was used in connection with a business or assets that were confiscated by the Cuban government, unless the original owner consents.

(Sec. 132) 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.

(Sec. 133) Prohibits Treasury from using funds provided by this division to enforce specified guidance for U.S. positions on multilateral development banks which engage with developing countries on coal-fired power generation.

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 any executive order or Presidential memorandum issued or revoked by the President during FY2018.

Judiciary Appropriations Act, 2018

TITLE III--THE JUDICIARY

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, subject to congressional notification and specified requirements.

(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) Extends for one year the authorization of several temporary bankruptcy judgeships.

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 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 National Archives and Records Administration,
  • the National Historical Publications and Records Commission,
  • 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. 502) Prohibits the CPSC from using funds provided by this division to finalize any rule relating to blade-contact injuries on table saws.

(Sec. 510) Permits the GSA to use funds to hire passenger motor vehicles.

(Sec. 511) 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. 512) 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. 513) 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. 514) 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. 515) 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. 516) Requires the GSA to submit a spending plan and explanation to Congress for each project funded with the Major Repairs and Alterations and Judiciary Capital Security Program accounts and E-Government projects funded with the Federal Citizens Services Fund.

(Sec. 517) 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. 518) Rescinds the unobligated balances of funds that were provided for the Federal Bureau of Investigation (FBI) Headquarters Consolidation Project in the Financial Services and General Government Appropriations Act, 2017.

(Sec. 519) Requires the GSA to post on its website certain draft environmental impact assessments that: (1) GSA has prepared under the National Environmental Policy Act of 1969, and (2) for which the GSA has solicited public comment.

(Sec. 520) Permits the SBA to transfer specified funds between appropriations accounts.

(Sec. 521) Rescinds specified unobligated balances from the Immediate Disaster Assistance Program and Expedited Disaster Assistance Loan Program.

(Sec. 522) 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) Prohibits the FTC from using funds to complete or publish the study, recommendations, or report prepared by the Interagency Working Group on Food Marketed to Children.

(Sec. 621) 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. 622) 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. 623) Prohibits funds provided by this division from being used in contravention of the Federal Records Act.

(Sec. 624) 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. 625) 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. 626) 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. 627) 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. 628) Rescinds unobligated funds from the Securities and Exchange Commission Reserve Fund established by Dodd-Frank.

(Sec. 629) 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. 630) Prohibits funds provided by this division from being used to enforce provisions of the Federal Election Campaign Act of 1971 that: (1) require a member corporation to approve a trade association's solicitation of contributions from the corporation's stockholders and executive or administrative personnel, and the families of the stockholders or personnel, prior to the solicitation; and (2) prohibit a corporation from approving a solicitation by more than one trade association per year.

(Sec. 631) Prohibits funds provided by this division from being used to pay for an abortion or the administrative expenses in connection with a multi-state qualified health plan offered under PPACA which provides any benefits or coverage for abortions. Includes exceptions if the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of rape or incest.

(Sec. 632) Prohibits funds provided by this division from being used to require public electronic communication providers or remote computing services to disclose the contents of a wire or electronic communication unless required by a warrant issued upon probable cause by a court of competent jurisdiction using the procedures described in the Federal Rules of Criminal Procedure.

(Sec. 633) Defines a "pyramid promotional scheme" and prohibits the use of funds for any enforcement action that: (1) concerns a pyramid promotional scheme that is not described in the definition, and (2) begins after the enactment of this section.

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 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. 730) 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. 731) Prohibits the use of funds in contravention of the Privacy Act or associated regulations.

(Sec. 732) 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. 733) 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. 734) 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. 735) Bars the use of funds for 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. 736) Limits pay increases for certain categories of prevailing rate employees.

(Sec. 737) 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. 738) 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. 739) Prohibits funds from being used for an OPM rule revising the definition of competitive area used in reductions-in-force for federal employees.

(Sec. 740) 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. 741) Prohibits the use of funds to implement or enforce a nondisclosure agreement unless it meets specified criteria.

(Sec. 742) 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. 743) 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. 744) Requires the Consumer Financial Protection Bureau (CFPB) to notify Congress of any request for a transfer of funds from the Board of Governors of the Federal Reserve System.

(Sec. 745) Prohibits funds provided by this division from being used for Executive Order 13690, titled "Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input."

(Sec. 746) Provides that references to "this Act" shall 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) Repeals the Local Budget Autonomy Amendment Act of 2012 (D.C. Law 19-321).

Amends the District of Columbia Home Rule Act to specify that:

  • nothing in the Act may be construed to create a continuing appropriation of the general fund of the District of Columbia;
  • all funds provided for the District of Columbia must be appropriated on an annual fiscal year basis through the federal appropriations process; and
  • the District of Columbia is subject to the requirements of the Anti-Deficiency Act, the Budget and Accounting Act of 1921, and all other requirements and restrictions that apply to appropriations for the fiscal year.

(Sec. 818) Prohibits the District of Columbia from using funds to permit or reduce the penalties imposed for certain activities that are related to assisted suicide, euthanasia, or mercy killing and are covered by the Assisted Suicide Funding Restriction Act of 1997.

Repeals the Death With Dignity Act of 2016 (D.C. Law 21-182), effective February 18, 2017.

(Sec. 819) 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.

TITLE IX--OTHER MATTERS

(Sec. 902) Repeals provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act and other laws. Nullifies any rule that was issued or revised pursuant to a provision repealed by this title.

(Sec. 903) Repeals the Financial Stability Oversight Council's (FSOC) authority to designate non-bank financial institutions as "systemically important."

Eliminates the Office of Financial Research, which is tasked under current law with supporting FSOC through data collection and analysis.

Repeals: (1) provisions related to the authority of the Federal Reserve Board (FRB) to supervise and take enforcement action against non-bank financial companies; (2) the prohibition against management interlocks in certain financial companies (i.e., the prohibition against a management official serving simultaneously in two unaffiliated organizations); and (3) specified early-remediation requirements applicable to non-bank financial companies in financial distress.

Modifies FSOC membership, voting procedures, open meetings requirements, and duties. Subjects FSOC to the congressional appropriations process.

Exempts qualifying banking organizations from certain standards related to proposed acquisitions.

Modifies procedures for the submission and federal review of "living wills" (i.e., companies' plans for rapid and orderly resolution in the event of financial distress or failure).

Prohibits the FRB from approving, on an emergency basis, an application that would cause a company to become a bank holding company, unless the application involves the company's acquisition of a bank that is critically undercapitalized.

Applies only to banking organizations specified concentration limits applicable to large financial firms under the Bank Holding Company Act of 1956.

(Sec. 904) Subjects each of the following to the congressional appropriations process:

  • the Federal Deposit Insurance Corporation (FDIC),
  • the Federal Housing Finance Agency (FHFA),
  • the Office of the Comptroller of the Currency (OCC), and
  • the nonmonetary policy-related administrative costs of the FRB.

(Sec. 909) Increases from $5 million to $20 million the 12-month sales threshold beyond which an issuer is required to provide investors with additional disclosures related to compensatory benefit plans.

(Sec. 910) Provides that if a national securities exchange or national securities association overpays certain transaction fees to the Securities and Exchange Commission (SEC), the SEC must credit the amount of overpayment to the exchange or association.

(Sec. 911) Provides that the SEC must establish and implement a "safe harbor" for certain investment fund research reports published by brokers and dealers. Provides that such reports shall be deemed not to be "offers" under specified provisions of securities laws, even if the broker or dealer participates in the registered offering of the investment fund's securities.

Prohibits a self-regulatory organization (SRO) from maintaining or enforcing a rule that would prevent a member from: (1) publishing or distributing a covered investment fund research report solely because the member is also participating in a registered offering of the fund, or (2) participating in a registered offering of a covered investment fund solely because the member has published a research report about the fund.

Restricts the SEC from conditioning the safe harbor upon certain requirements.

(Sec. 912) Amends the Small Business Investment Incentive Act of 1980 to require the SEC to report publicly on the findings and recommendations of the annual government-business forum on capital formation.

(Sec. 913) Provides that the SEC must revise Regulation D, which exempts certain offerings from SEC registration requirements but prohibits general solicitation or general advertising with respect to such offerings. Specifies that this provision shall not apply to events with specified kinds of sponsors, including "angel investor groups" that are unconnected to broker-dealers or investment advisers, if specified requirements are met.

(Sec. 914) Exempts from the definition of an "investment company," for purposes of certain limitations applicable to such a company, a qualifying venture capital fund that has no more than 500 investors (currently, a venture capital fund is considered to be an investment company if it has more than 100 investors). Applies this exemption to a venture capital fund that has less than $50 million in aggregate capital contributions and uncalled committed capital.

(Sec. 915) Amends the Truth in Lending Act (TILA) to specify that a retailer of manufactured housing is generally not a "mortgage originator" under the Act.

Modifies the annual percentage rates and transaction values at which mortgages for certain dwellings are considered "high-cost mortgages" under TILA.

(Sec. 916) Prohibits a federal banking agency from requesting or ordering a depository institution to terminate a customer account unless: (1) the agency has a material reason for doing so, and (2) that reason is not based solely on reputation risk.

(Sec. 917) Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) apply civil penalties to specified violations by a financial institution against an unaffiliated third person, and (2) modify provisions related to administrative subpoenas.

(Sec. 918) Disallows, in general, a suit against a creditor that is a depository institution for violating specified ability-to-pay requirements with respect to a residential mortgage loan if: (1) the creditor has consistently held the loan on its balance sheet, and (2) prepayment penalties associated with the loan comply with specified limitations. Disallows, similarly, a suit against a mortgage originator for such a violation if: (1) the creditor is a depository institution; and (2) the creditor informs the mortgage originator, which informs the consumer, that the creditor intends to hold the loan on its balance sheet for the life of the loan.

(Sec. 919) Directs the FRB to revise its Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (which allows smaller bank companies to have higher debt levels than are generally allowed) and raise the consolidated asset threshold at which the statement applies from $1 billion to $10 billion.

(Sec. 920) Exempts from specified escrow requirements a loan held by a creditor that: (1) has consolidated assets of up to $10 billion, and (2) holds the loan on its balance sheet for a specified period of time.

Directs the CFPB to revise certain escrow and other requirements with respect to servicers that service 20,000 or fewer mortgages annually.

(Sec. 921) Requires federal financial regulatory agencies to: (1) tailor regulatory actions (including future actions as well as any regulations adopted in the last seven years) so as to limit burdens on the institutions involved, with consideration of the risk profiles and business models of those institutions; and (2) report to Congress on specific actions taken to do so, as well as on other related issues.

(Sec. 922) Amends the S.A.F.E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution.

(Sec. 923) Repeals provisions of the Equal Credit Opportunity Act that require a financial institution, in the case of an application for credit by a business, to request information regarding whether the business is a women-owned, minority-owned, or small business.

(Sec. 924) Exempts a depository institution from certain records and disclosure requirements: (1) with respect to closed-end mortgage loans, if the depository institution originated fewer than 100 such loans in each of the two preceding years; and (2) with respect to open-end lines of credit, if the depository institution originated fewer than 200 such lines of credit in each of the two preceding years.

(Sec. 925) Amends various provisions of law to specify that a loan that is valid as to its maximum rate of interest shall remain valid with respect to that rate regardless of whether the loan is transferred to a third party.

(Sec. 926) Subjects the CFPB to the congressional appropriations process.

(Sec. 927) Eliminates the authority of the CFPB to supervise and examine financial institutions.

(Sec. 928) Eliminates the authority of the CFPB to regulate payday loans, vehicle-title loans, or other similar loans.

(Sec. 929) Eliminates the regulatory and enforcement authority of the CFPB with respect to unfair, deceptive, and abusive acts and practices by depository institutions.

(Sec. 930) Repeals the authority of the CFPB to, for reasons of consumer protection and public interest, restrict the use of an agreement for mandatory pre-dispute arbitration.

(Sec. 931) Exempts asset-backed securities that are comprised wholly of nonresidential mortgages from certain risk-retention requirements.

(Sec. 932) Provides that the SEC may not require, in an election of members of an issuer's board of directors, that a proxy solicitation be made using a single ballot.

(Sec. 933) Eliminates the FRB's supervisory authority over securities holding companies. Repeals the "Volcker Rule," which prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private equity funds.

TITLE X--FINANCIAL INSTITUTION BANKRUPTCY

Financial Institution Bankruptcy Act of 2017

(Sec. 2) Applies newly established provisions related to Chapter 11 bankruptcy, which generally involves the reorganization of a debtor's assets and debts, to covered financial corporations (certain large and complex financial institutions, as defined by the bill). Allows a court to convert a covered financial corporation's Chapter 11 bankruptcy case into a case under Chapter 7 bankruptcy (also known as "liquidation" bankruptcy) under specified circumstances.

(Sec. 3) Amends the federal bankruptcy code to establish Chapter 11 bankruptcy procedures specific to covered financial institutions.

Allows specified federal financial regulatory agencies to appear and be heard in such cases.

Allows a court, in making decisions in such cases, to consider effects on financial stability in the United States.

(Sec. 4) Directs the Chief Justice of the U.S. Supreme Court to designate judges to hear Chapter 11 bankruptcy cases involving covered financial corporations.

TITLE XI--ADDITIONAL GENERAL PROVISIONS

(Sec. 1101) Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 1102) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 1103) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

(Sec. 1104) Prohibits funds provided by this division from being used to plan for, begin, continue, complete, process, or approve a public-private competition under the Office of Management and Budget Circular A-76.

(Sec. 1105) Prohibits funds provided by this division from being used to authorize a transaction by a U.S. financial institution that is ordinarily incident to the export or re-export of a commercial passenger aircraft to Iran.

(Sec. 1106) Prohibits Treasury from using funds provided by this division to issue a license pursuant to any Office of Foreign Assets Control (OFAC) memo regarding section 5.1.1 of Annex II to the Joint Comprehensive Plan of Action (JCPOA), including the memo titled "Statement of Licensing Policy For Activities Related to the Export Or Re-Export to Iran of Commercial Passenger Aircraft and Related Parts and Services" and any other OFAC memo of the same substance.

(Sec. 1107) Prohibits funds provided by this division from being used to carry out the Reproductive Health Non-Discrimination Amendment Act of 2014 (DC Law 20-261) or to implement any rule or regulation promulgated to carry out the Act.

(Sec. 1108) Prohibits funds provided by this division from being used to implement, administer, or enforce a rule issued pursuant to provisions of the Securities Exchange Act of 1934 requiring certain disclosures relating to conflict minerals originating in the Democratic Republic of the Congo.

DIVISION E--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 funds provided by this division from being used to approve, license, facilitate, authorize, or allow the trafficking or import of property confiscated by the Cuban government.

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

(Sec. 213) 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. 214) 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. 215) Permits specified funds to be reprogrammed to or from the Military Pay and Allowances funding category within the Coast Guard Operating Expenses account.

(Sec. 216) 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. 217) 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. 218) Permits the Secret Service to reprogram specified funds within the Operations and Support account.

(Sec. 219) 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.

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) 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 funds provided by this division from being used for a national identification card.

(Sec. 515) Prohibits officials from delegating this division's requirements to report or certify to Congress unless specifically authorized by this division.

(Sec. 516) Prohibits funds from being used to transfer or release to or within the United States, its territories, or its possessions individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 517) Prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by the division.

(Sec. 518) Prohibits the use of funds provided by this division to employ workers who are illegal workers under the Immigration and Nationality Act.

(Sec. 519) 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. 520) Prohibits DHS from entering into contracts that do not meet requirements of specified contracting laws and regulations.

(Sec. 521) 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. 522) 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. 523) 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. 524) Sets forth restrictions and reporting requirements for the use of funds provided by this division to attend international conferences.

(Sec. 525) 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. 526) 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. 527) 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. 528) Permits funds provided by this division for Operations and Support 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. 529) Prohibits funds provided by this division from being used to implement the Arms Trade Treaty until it is ratified by the Senate.

(Sec. 530) 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. 531) Rescinds specified unobligated balances from the TSA Operations and Support account and several Coast Guard accounts.

(Sec. 532) Rescinds specified unobligated balances from the Department of the Treasury Forfeiture Fund.

(Sec. 533) Requires CBP to: (1) to conduct a survey of international passenger traffic at specified airports; and (2) designate any airport as a port of entry if the airport has scheduled international service by one or more air carriers and received over 75,000 international passenger arrivals during the most recent calendar year in which federal passenger data is available.

Requires CBP to ensure that a sufficient number of CBP officers are available at any airport designated as a port of entry in order for landing rights requests to be granted in accordance with specified regulations.

(Sec. 534) Prohibits ICE from using funds provided by this division 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. 535) Prohibits ICE from requiring any person to perform or facilitate the performance of an abortion.

(Sec. 536) Specifies that the restrictions in the preceding section do not remove the obligation of ICE to provide escort services necessary for a female detainee to receive services outside of the detention facility.

(Sec. 537) Permits nonimmigrants to be admitted to the United States under the H-2A visa program for seasonal agriculture workers without regard to whether the agricultural labor or services performed are temporary or seasonal in nature.

(Sec. 538) Grants lawful permanent resident status in the United States to Charlie Gard and his family for the purposes of medical treatment.

(Sec. 539) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to revise the statute of limitations for the recovery of FEMA Public Assistance Grants for disaster or emergency assistance.

(Sec. 540) Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 541) Specifies the committee report that applies for the purpose of implementing this division or the Department of Homeland Security Border Infrastructure Construction Appropriations Act, 2018

(Sec. 542) Prohibits funds provided by this division from being used in contravention of requirements for the deployment of federal air marshals.

(Sec. 543) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

(Sec. 544) Prohibits funds provided by this division from being used in contravention of provisions of the Immigration and Nationality Act regarding inspections of applicants for admission, claims for asylum, and referrals for interviews with asylum officers.

(Sec. 545) Prohibits funds provided by this division from being used to establish an anchorage on the Hudson River between Yonkers, New York and Kingston, New York.

(Sec. 546) Prohibits the Coast Guard from using funds provided by this division to enforce Executive Order 13449 (Protection of Striped Bass and Red Drum Fish Populations) or specified regulations regarding the Atlantic striped bass in the Block Island Transit Zone.

(Sec. 547) Prohibits funds provided by this division or divisions A, C, D, or F of this bill from being used for a new hire who has not been verified through the E-Verify program.

DIVISION F--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,
  • 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.

(Sec. 104) Requires specified funds available for job training grants under the American Competitiveness and Workforce Innovation and Opportunity Act to be used only for competitive grants to train individuals who are over the age of 16 and are not in school within a local educational agency in the occupations and industries for which employers are using H-1B visas to hire foreign workers, and the related activities necessary to support the training.

(Sec. 105) Prohibits a recipient of Employment and Training Administration (ETA) funds from using the funds to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for vendors providing goods and services. Permits states to establish lower limits for salaries and bonuses.

(Sec. 106) Permits the ETA to: (1) transfer funds provided for technical assistance services to grantees to Program Administration if the services will be more efficiently performed by federal employees, and (2) transfer specified Program Administration funds to carry out program integrity activities.

(Sec. 107) Limits the funds that may be reserved for evaluation of programs and activities and requires the Chief Evaluation Officer to submit a plan to Congress in advance of transferring funds to be used for evaluations.

(Sec. 108) 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) Nullifies a Department of Labor rule published on April 8, 2016, relating to the definition of the term "fiduciary" and the conflict of interest rule with respect to retirement investment advice. (The rule defines who is a fiduciary with respect to pension and retirement plans. Under current law, a person who provides investment advice has a fiduciary obligation that requires the person to provide advice in the sole interest of plan participants and beneficiaries. The rule changed the definition of "investment advice" to treat people who provide investment advice to pension and retirement plans for a fee or other compensation as fiduciaries in a wider array of advice relationships.)

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,
  • 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 Services;
  • 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 State Response to the Opioid Abuse Crisis Account,
  • 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 2.4% 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: (1) to use specified funds to enter into certain transactions to carry out research in support of the NIH Common Fund; and (2) utilize peer review procedures, as determined to be appropriate by the NIH and in lieu of what would otherwise be required under the PHS Act, to obtain assessments of scientific and technical merit. (The NIH Common Fund supports cross-cutting, trans-NIH programs that require participation by at least two NIH Institutes or Centers or would otherwise benefit from strategic planning and coordination.)

(Sec. 216) Limits the funds that the NIH may use for the alteration, repair, or improvement of facilities.

(Sec. 217) Transfers specified funds provided to the NIH for National Research Service Awards (NRSA) to: (1) the Health Resources and Services Administration to make NRSA awards for research in primary medical care, and (2) to the Agency for Healthcare Research and Quality to make NRSA awards for health service research.

(Sec. 218) Permits the Biomedical Advanced Research and Development Authority (BARDA) to enter into multiyear contracts of up to 10 years for the purchase of research services or of security countermeasures, subject to specified requirements.

(Sec. 219) Requires HHS to establish a publicly accessible website that provides details regarding expenditures from the Prevention and Public Health Fund established by the Patient Protection and Affordable Care Act (PPACA).

(Sec. 220) Requires the HHS budget justifications to include specified details regarding federal employees and contractors involved in activities related to PPACA.

(Sec. 221) Requires HHS to include in the FY2019 budget specified details regarding: (1) the uses of funds by the Centers for Medicare and Medicaid Services for health insurance exchanges for each year since the enactment of PPACA, and (2) the proposed uses of the funds for FY2019.

(Sec. 222) Requires HHS to report to Congress on: (1) monthly enrollment figures from exchanges established under PPACA, and (2) any new or competitive grant awards authorized under section 330 (Health Centers) of the PHS Act.

(Sec. 223) Prohibits specified funds provided by this division from being used for payments relating to the risk corridors program established by PPACA.

(Sec. 224) Requires HHS to include in the FY2019 budget justification an analysis of how a provision of the PHS Act related to coverage of preventive health services will impact eligibility for discretionary HHS programs.

(Sec. 225) 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 report accompanying this division.

(Sec. 226) Prohibits funds provided by this division from being used to carry out title X (Population Research and Voluntary Family Planning Programs) of the PHS Act.

(Sec. 227) 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. 228) 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. 229) Prohibits funds provided by this division from being used for the Navigators program, which was created by PPACA to carry out public education activities, provide information to prospective enrollees about insurance options and federal assistance, and examine enrollees' eligibility for other federal or state health care programs, such as Medicaid.

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 (2) carry out a racial desegregation plan.

(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 the authorization of the National Advisory Committee on Institutional Quality and Integrity through 2018.

(Sec. 309) Extends through 2018 ED's authority to provide account maintenance fees to guaranty agencies for federal student loans.

(Sec. 310) Rescinds specified discretionary unobligated balances from the Pell grant program.

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) Prohibits the National Labor Relations Board from using funds to provide employees with electronic voting to determine a collective bargaining representative.

(Sec. 407) Prohibits funds provided by this division from being used to enforce the National Labor Relations Act against any Indian tribe, including any enterprise or institution owned and operated by an Indian tribe and located on its Indian lands.

(Sec. 408) Prohibits funds provided by this division from be used for specified administrative activities and proceedings based on joint-employer standards set forth by the National Labor Relations Board in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (August 27, 2015).

(Sec. 409) Prohibits funds provided by this division from being used for any standard for initial bargaining unit determinations that conflicts with the standard articulated in the majority opinion in Wheeling Island Gaming Inc. and United Food and Commercial Workers International Union, Local 23,355 NLRB 127 (August 27, 2010), subject to specified exceptions.

Prohibits funds provided by this division from being used for any standard for initial bargaining unit determinations that utilizes the overwhelming community of interest test except in accretion cases.

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 the use of funds provided by this division 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) Prohibits funds provided by this division from being used to implement, administer, or enforce provisions of PPACA and related laws, with specified exceptions.

(Sec. 528) Prohibits funds provided by this division from being used to conduct or support research using human fetal tissue if the tissue is obtained pursuant to an induced abortion.

(Sec. 529) Restricts funding for certain essential community providers and tax-exempt organizations that perform abortions, or provide any funds to any other entity that performs abortions.

Includes exceptions for an abortion performed: (1) in the case of a pregnancy that is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life endangering physical condition caused by, or arising from, the pregnancy itself.

(Sec. 530) Rescinds specified unobligated balances from the HHS Nonrecurring Expenses Fund.

(Sec. 531) Rescinds funds previously provided for the Independent Payment Advisory Board.

(Sec. 532) Prohibits specified amounts in the Child Enrollment Contingency Fund from being obligated during the current fiscal year.

(Sec. 533) Rescinds specified unobligated balances of funds provided by PPACA for the Pre-Existing Condition Insurance Program.

(Sec. 534) Rescinds specified funds from the Children's Health Insurance Program Performance Bonus Fund.

(Sec. 535) Rescinds specified funds previously provided for the Children's Health Insurance (CHIP) Program.

Conscience Protection Act of 2017

(Sec. 536) Amends the Public Health Service Act to codify the prohibition against the federal government and state and local governments that receive federal financial assistance for health-related activities penalizing or discriminating against a health care provider based on the provider's refusal to be involved in, or provide coverage for, abortion.

(Sec. 537) Prohibits funds provided by this division from being used to implement, administer, or enforce Labor's "Establishing a Minimum Wage for Contractors" regulation, with respect to federal contracts or permits related to seasonal recreational services or equipment rental for the general public in connection with federal property or land. Includes an exception for lodging and food services associated with seasonal recreation services.

(Sec. 538) Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 539) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 540) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

(Sec. 541) Provides additional appropriations to the Health Resources and Services Administration (HRSA) Health Workforce account for the training demonstration grant program.

Reduces the appropriations provided by this division for the HRSA Program Management account.

(Sec. 542) Prohibits funds provided by this division to carry out the Child Care Development Block Grant Act of 1990 from being distributed 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.

(Sec. 543) Provides additional appropriations to HRSA's Rural Health Account for HRSA to enter into contracts or provide grants for the construction, purchase, and operation of fixed-site and mobile clinical facilities for the analysis, examination, and treatment of respiratory and pulmonary impairments in coal miners.

Reduces the appropriations provided by this division for HRSA's Program Management Account.

(Sec. 544) Provides additional appropriations to the Substance Abuse and Mental Health Services Administration's (SAMHSA's) Mental Health account for the Strengthening Community Crisis Response Systems grant program.

Reduces the appropriations provided by this division for SAMHSA's Health Surveillance and Program Support account.

(Sec. 545) Provides additional appropriations for SAMHSA's Substance Abuse Treatment account for the Controlled Substance Monitoring Program.

Reduces the appropriations provided by this division for the Office of the Secretary's General Departmental Management account.

(Sec. 546) Prohibits funds provided by this division from being used for activities to prepare for or facilitate the transfer of responsibilities or functions from the Office of Federal Contract Compliance Programs of the Department of Labor to the Equal Employment Opportunity Commission.

(Sec. 547) Provides additional appropriations to HRSA's Maternal and Child Health account for grants to develop, maintain, or enhance infant and early childhood mental health promotion, intervention, and treatment programs for children up to 12 years of age.

Reduces the appropriations provided by this division for HRSA's Program Management Account.

(Sec. 548) Provides additional appropriations to HRSA's Maternal and Child Health account for carrying out the Pediatric Mental Health Care Access grant program

Reduces the appropriations provided by this division for HRSA's Program Management Account.

(Sec. 549) Prohibits funds provided by this division from being used for the final National Labor Relations Board rule titled "Representation--Case Procedures" or any rule of the same substance.

(Sec. 550) Prohibits funds provided by this division from being used for the final Occupational Safety and Health Administration regulations titled "Improve Tracking of Workplace Injuries and Illnesses."

DIVISION G--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, 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;
  • 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 Migration and Refugee Assistance.

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 for International Financial Institutions, including payments to:

  • 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.

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 and the new Beirut Embassy.

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.

(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 for 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 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 included in titles I and III through V of this division that are returned or not made available for international 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 report accompanying 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) Provides 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 nongovernmental organizations included in specified provisions of this division, 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 institution to meet specified requirements regarding:

  • evaluations and reports on the effectiveness of loans, grants, and other activities;
  • human rights;
  • fraud and corruption; and
  • whistle-blower protections.

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.

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 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;
  • 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: (1) supporting military training or operations that include child soldiers, and (2) the Green Climate Fund. Prohibits funds provided by titles I and III of this division from being used for the preservation of religious sites unless the State Department or the USAID determines and reports to Congress that 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 that 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, 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;
  • 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.

Requires the State Department or USAID to submit a specified report to Congress prior to implementing any reorganization.

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.

(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,
  • 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,
  • 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,
  • Cambodia,
  • North Korea,
  • the People's Republic of China,
  • the Philippines, and
  • Tibet.

(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.
  • 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; and
  • Haiti.

(Sec. 7046) Requires specified funds to be made available for assistance for Ukraine.

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.

(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.

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.

(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) 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. 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) 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. 7056) Prohibits funds provided by this division from being used for the United Nations Population Fund.

Prohibits funds provided by this division for global health assistance from being made available to any foreign nongovernmental organizations that promote or perform abortions, except in cases of rape or incest or when the life of the mother would be endangered if the fetus were carried to term.

(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.

Limits the funds provided by this division that may be used for family planning and reproductive health.

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: (1) contagious infectious diseases outbreaks, and (2) malaria and other infectious diseases.

(Sec. 7059) Provides specified funds for programs related to:

  • gender equality;
  • increasing leadership opportunities for women;
  • preventing and responding to 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; and
  • ensuring the equitable provision of relief and recovery assistance to women and girls.

(Sec. 7060) Allocates specified funds for:

  • basic and higher education,
  • conservation programs,
  • development programs,
  • food security and agricultural development,
  • microenterprise and microfinance,
  • programs to combat trafficking in persons, and
  • water and sanitation.

(Sec. 7061) Provides funds from the Development Assistance and Economic Support Fund accounts for specified programs in countries affected by significant populations of internally displaced person or refugees.

(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 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) Rescinds specified unobligated balances of funds provided for Development Assistance, the North American Development Bank, the Export-Import Bank, and the Department of Energy Advanced Technology Vehicles Manufacturing Loan Program.

(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. 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;
  • facilitation, financing, or guarantee of U.S. government investments in Crimea if the activity includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities; or
  • assistance for Crimea 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 assistance 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.

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 the advancement of democracy and the rule of law in the Russian Federation, including promoting Internet freedom.

(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 funds provided by titles III and IV of this division to be used for programs and activities to counter and defeat violent extremism and foreign fighters abroad.

(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 increase exports of goods and services from the United States or prevent the loss of jobs in the United States.

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 Broadcasting Board of Governors for International Broadcasting Operations.

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 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 to the Counterterrorism Partnerships Fund for security programs in areas liberated from, under the influence of, or adversely affected by, the Islamic State of Iraq and Syria or other terrorist organization.

(Sec. 8004) Rescinds specified unobligated balances of funds provided for the Economic Support Fund.

(Sec. 8005) Specifies that each amount designated by this division for Overseas Contingency Operations/Global War on Terrorism is only available if the President subsequently designates all the amounts and transmits the designations to the Congress.

TITLE IX--ADDITIONAL GENERAL PROVISION

(Sec. 9001) Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 9002) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 9003) Prohibits the State Department from using funds provided by this division to close or merge the Office of International Religious Freedom.

(Sec. 9004) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

(Sec. 9005) Prohibits funds provided by this division from being used to attend the Canadian Water Resources Association's National 2018 Conference, "Our Common Water Future: Building Resilience through Innovation."

(Sec. 9006) Prohibits funds provided by this division from being used to close the State Department's Office of the Special Envoy to Monitor and Combat Anti-Semitism or to merge the office with any other office or entity within the State Department.

(Sec. 9007) Prohibits funds provided by this division from being used to close the State Department's Office of Global Criminal Justice or merge the office with any other office or entity within the State Department.

(Sec. 9008) Prohibits funds provided by this division from being used to reduce the number of fellows in the Charles B. Rangel International Affairs Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, or the Donald M. Payne International Development Fellowship Program below current levels.

(Sec. 9009) Prohibits funds provided by this division from being used to provide assistance to specified schools in the Middle East.

DIVISION H--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;
  • the National Surface Transportation and Innovative Finance Bureau;
  • 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) require 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.

(Sec. 104) Permits DOT to transfer specified funds necessary to carry out the duties of the National Surface Transportation and Innovative Finance Bureau.

(Sec. 105) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to transfer the deposit of certain fees related to loans and loan guarantees from the Federal Railroad Administration's Safety and Operations account to the National Surface Transportation and Innovative Finance Bureau account.

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.

Permits funds received from specified public, private, and foreign sources for expenses incurred to be credited to the appropriation.

(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 nine 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 entitled "Establishment and Discontinuance Criteria for Airport Traffic Control Towers."

(Sec. 119D) Prohibits funds provided by this division from being used to limit an Organization Designation Authorization holder from utilizing authorized delegated functions, unless the FAA documents a systemic airworthiness noncompliance performance issue with regard to a specific function or where an ODA's capability has not been previously established in terms of a new compliance method or design feature. Specifies that, when the FAA has limited the authority of the ODA, the FAA must work with the ODA holder to develop the capability to execute that function safely and effectively.

Provides funding from the Highway Trust Fund (HTF) to the Federal Highway Administration (FHWA) for Administrative Expenses and Federal-Aid Highways.

Rescinds specified balances of unused contract authority from the HTF.

(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.)

(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) Expands an exemption from federal truck weight restrictions to include North Dakota.

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.

(Sec. 133) Prohibits funds from being used to amend, revise or otherwise modify regulations for safety fitness determinations for motor carriers until the DOT Inspector General makes specified certifications.

(Sec. 134) Specifies that federal laws and regulations related to hours of service for commercial drivers preempt state and local laws and regulations. Makes the preemption retroactive to the date of enactment of the Federal Aviation Administration Authorization Act of 1994.

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.

Provides appropriations to the Federal Railroad Administration (FRA) for:

  • Safety and Operations,
  • Railroad Research and Development,
  • the Railroad Rehabilitation and Improvement Financing Program,
  • Federal-State Partnership for State Of Good Repair Grants,
  • Consolidated Rail Infrastructure and Safety Improvements Grants,
  • 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.

(Sec. 151) Prohibits funds provided by this division from being used for high speed rail in California or for the FRA to administer a grant agreement with the California High Speed Rail Authority that contains a tapered matching requirement. (A tapered match allows a project's federal share to vary from year to year as long as the final contribution of federal funds does not exceed the project's maximum authorized share.)

(Sec. 152) Prohibits the Surface Transportation Board from using funds provided by this division to take any actions with respect to the construction of a high speed rail project in California unless the permit is issued by the board with respect to the entire project.

Provides appropriations to the Federal Transit Administration (FTA) for:

  • Administrative Expenses,
  • 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 FTA Fixed Guideway Capital Investment funds for projects specified in this division or the accompanying report that are not obligated by September 30, 2022, to be used for other projects eligible to use the funds for the same purpose.

(Sec. 162) 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. 163) 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. 164) 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 50%.

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.

(Sec. 172) Limits the penalty wages that must be paid when a vessel owner, operator, or an employer withholds pay for seamen on: (1) foreign and intercoastal voyages, and (2) coastwise voyages.

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) 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. 184) Prohibits funds provided by this division from being used for certain loans, loan guarantees, lines of credit, or grants that exceed $500,000 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. 185) 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. 186) Permits DOT to use amounts recovered from improper payments to a third party contractor for expenses incurred in the recovery.

(Sec. 187) Requires reprogramming action notifications to be transmitted to and approved or denied solely by the House and Senate Committees on Appropriations.

(Sec. 188) 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. 189) Permits DOT to set uniform standards for developing and supporting agency transit passes and transit benefits.

(Sec. 190) 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, and
  • the Indian Housing Loan Guarantee Fund Program Account.

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 appropriation 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 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 FY2017, 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) Prohibits funds provided by this division from being used for the HUD doctoral dissertation research grant program.

(Sec. 225) Amends the United States Housing Act of 1937 to extend the HOPE VI program through FY2018. (The program provides funds to renovate or demolish existing public housing and replace it with mixed-income housing.)

(Sec. 226) Requires HUD to notify Congress at least three business days before announcing the recipients of grant awards.

(Sec. 227) Prohibits funds provided by this division from being used to require or enforce the Physical Needs Assessment (PNA).

(Sec. 228) 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. 229) 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. 230) 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. 231) Prohibits HUD employees who are subject to administrative discipline in FY2018, including suspension from work, from receiving awards (including performance, special act, or spot) for the remainder of FY2018 after the effective date of the disciplinary action.

(Sec. 232) Permits costs paid by the program income of grant recipients to count toward the recipient's matching requirements for 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) 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. 236) Prohibits funds provided by this division for new guarantees of mortgages insured under the Mutual Mortgage Insurance (MMI) Fund from being used to guarantee or insure any mortgage on properties with a loan under the Property Assessed Clean Energy (PACE) program, if any portion of the loan or obligation is or has the potential to be in a superior lien position compared to the mortgage guaranteed or insured under the MMI Fund.

(Sec. 237) Amends the Department of Housing and Urban Development Appropriations Act, 2012 to modify the requirements for the Rental Assistance Demonstration Program.

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) Rescinds unobligated balances of funds provided to specified accounts by the Consolidated Appropriations Act, 2017.

(Sec. 417) 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. 418) Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 419) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 420) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

(Sec. 421) Prohibits funds provided by this division from being used to establish or collect tolls on Interstate Route 80 in Pennsylvania.

(Sec. 422) Prohibits funds provided by this division from being used in contravention of requirements for DOT's Fixed Guideway Capital Investment Grants (New Starts) program.

(Sec. 423) Prohibits funds provided by this division from being used to enter into an agreement for the establishment or collection of tolls on Interstate Route 5 or Interstate Route 205 in Oregon or Washington.

(Sec. 424) Prohibits HUD from using funds provided by this division for a specified rule, bulletin, and memorandum related to construction and installation activities for manufactured homes.

(Sec. 425) Prohibits funds provided by this division from being used to finalize the notice of proposed rulemaking published by the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration and titled "Federal Motor Vehicle Safety Standards; Federal Motor Carrier Safety Regulations; Parts and Accessories Necessary for Safe Operation; Speed Limiting Devices."

(Sec. 426) Prohibits funds provided by this bill from being used for a new hire who has not been verified through the E-Verify program.

(Sec. 427) Prohibits funds provided by this division from being used in contravention of provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that specify that a government entity or official may not prohibit or restrict a government entity or official from communicating with the Immigration and Naturalization Service regarding an individual's citizenship or immigration status.

DIVISION I--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 O&M, National Defense Restoration 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; and
  • Shipbuilding and Conversion by the Navy.

Provides appropriations for:

  • Defense-Wide Procurement;
  • Defense Production Act Purchases; and
  • the Procurement, National Defense Restoration Fund.

TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

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

Provides appropriations for: (1) the RDT&E, National Defense Restoration Fund; and (2) Operational Test and Evaluation.

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 20% of the appropriations provided by this division for the current fiscal year from being obligated during the last two 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 regarding 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 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. 8018) 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. 8019) Provides specified funds for incentive payments for federal contracts involving contractors, subcontractors, or suppliers that are Indian organizations or Indian-owned economic enterprises.

(Sec. 8020) Prohibits funds provided by this division for the Defense Media Activity from being used for national or international political or psychological activities.

(Sec. 8021) 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. 8022) 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. 8023) 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. 8024) 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. 8025) Specifies that "congressional defense committees" includes the Senate and House Armed Services Committees and Appropriations Subcommittees on Defense.

(Sec. 8026) 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. 8027) 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. 8028) Permits funds in the Department of Defense Overseas Military Facility Investment Recovery Account to remain available until expended.

(Sec. 8029) 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. 8030) Permits O&M appropriations to be used to purchase items with an investment unit cost of not more than $250,000.

(Sec. 8031) 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. 8032) 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. 8033) Prohibits the use of DOD Working Capital Funds to purchase specified investment items.

(Sec. 8034) 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 Working Capital Fund, or other specified programs.

(Sec. 8035) Permits funds made available by this division to the Defense Intelligence Agency to be used for the design, development, and deployment of General Defense Intelligence Program intelligence communication and intelligence information systems.

(Sec. 8036) 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. 8037) Requires DOD to comply with the Buy American Act.

(Sec. 8038) 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. 8039) 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. 8040) Rescinds specified funds provided by prior appropriations bills for Procurement and RDT&E.

(Sec. 8041) 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. 8042) Prohibits funds provided by this division from being used for assistance to North Korea unless the funds are specifically appropriated for that purpose.

(Sec. 8043) 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. 8044) 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. 8045) 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. 8046) 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. 8047) Appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.

(Sec. 8048) 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. 8049) 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. 8050) Prohibits funds in this division from being used for contractor bonuses being paid due to a business restructuring.

(Sec. 8051) Permits the transfer of specified O&M funds to pay military personnel for support and services for eligible organizations and activities outside DOD.

(Sec. 8052) 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. 8053) 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. 8054) 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. 8055) Requires specified O&M funds to be used for continued implementation and expansion of the Sexual Assault Special Victims Counsel Program.

(Sec. 8056) Prohibits the use of funds provided in title IV of the 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. 8057) 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. 8058) Prohibits funds provided by this division or other DOD appropriations bills from being used for repairs or maintenance for military family housing units.

(Sec. 8059) 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. 8060) Requires DOD to continue to provide a classified quarterly report to Congress on matters specified in the classified annex accompanying this division.

(Sec. 8061) 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. 8062) Prohibits funds provided by this division from being used to transfer ammunition held by DOD that has a center-fire cartridge and is designated as ''armor piercing'' to any nongovernmental entity, except for demilitarization purposes.

(Sec. 8063) 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. 8064) 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. 8065) Prohibits funds from being used to make specified modifications to the budget and appropriations process for the National Intelligence Program.

(Sec. 8066) 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. 8067) 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. 8068) 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. 8069) 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. 8070) 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. 8071) 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. 8072) 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. 8073) Reduces the total amount appropriated in this division to reflect savings due to favorable foreign exchange rates.

(Sec. 8074) 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. 8075) 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. 8076) 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. 8077) 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. 8078) Provides for the adjustment of obligations within the Shipbuilding and Conversion--Navy appropriation.

(Sec. 8079) 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. 8080) 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. 8081) Rescinds specified unobligated balances from the DOD Acquisition Workforce Development Fund.

(Sec. 8082) 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. 8083) Provides specific restrictions on the reprogramming or transfer of funds provided to the National Intelligence Program.

(Sec. 8084) 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. 8085) Specifies committees included in "congressional intelligence committees" for the purposes of this division.

(Sec. 8086) 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. 8087) Permits O&M funds to be used for payments and transfers to the Defense Acquisition Workforce Development Fund.

(Sec. 8088) 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. 8089) 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. 8090) Provides specified funds to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

(Sec. 8091) 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. 8092) 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. 8093) 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. 8094) 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. 8095) 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. 8096) 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. 8097) Prohibits funds provided by this division from being used to violate the Wars Powers Resolution.

(Sec. 8098) 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. 8099) 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. 8100) 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. 8101) 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. 8102) Requires DOD to post grant awards on a public website in a searchable format.

(Sec. 8103) 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. 8104) 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. 8105) Prohibits funds provided by this division from being used for the Arms Trade Treaty until it is ratified by the Senate.

(Sec. 8106) 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 an explicit authorization of Congress.

(Sec. 8107) 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. 8108) Prohibits funds provided by this division from being used for activities in Iraq in contravention of the War Powers Resolution.

(Sec. 8109) Prohibits funds provided by this division for the T-AO Fleet Oiler or the Towing, Salvage, and Rescue Ship programs from being used to award a new contract that provides for the acquisition of certain components unless the components are manufactured in the United States.

(Sec. 8110) Reduces the funds provided by title II this division to the Working Capital Funds to reflect excess cash balances.

(Sec. 8111) Reduces the total amount appropriated by this division to reflect savings due to lower than anticipated fuel prices.

(Sec. 8112) 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. 8113) Prohibits funds provided by this division from being used for a new or additional Base Realignment and Closure (BRAC) round.

(Sec. 8114) 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. 8115) Prohibits funds provided by this division for the Joint Surveillance Target Attack Radar System recapitalization program from being used for pre-milestone B activities after March 31, 2018, except for source selection and other activities necessary to enter the engineering and manufacturing development phase.

(Sec. 8116) Prohibits funds provided by this division from being used to close or realign the U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 8117) Permits specified funds provided by this division to be used for activities related to the Zika virus.

(Sec. 8118) 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. 8119) Specifies limitations on the transfer of funds provided by this division for the Global Engagement Center.

(Sec. 8120) 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. 8121) Provides additional funds for the military personnel accounts for the purpose of a military pay raise.

(Sec. 8122) 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. 8123) Prohibits funds provided by this division from being used to carry out specified changes to the Joint Travel Regulations of the Department of Defense.

(Sec. 8124) 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.

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 the Military Personnel--National Defense Restoration Fund.

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 O&M--National Defense Restoration Fund.

Provides appropriations for the Afghanistan Security Forces Fund and the Counter-Islamic State of Iraq and the Levant 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: (1) the National Guard and Reserve Equipment Account, and (2) the Procurement-- National Defense Restoration Fund.

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

Provides appropriations for the RDT&E, National Defense Restoration Fund.

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,
  • the Joint Improvised Threat Defeat Fund, 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 the Levant. 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-ISIL 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) Rescinds specified funds provided by DOD appropriations bills for:

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

(Sec. 9020) Specifies that amounts designated by this division 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. 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.

TITLE X--ADDITIONAL GENERAL PROVISIONS

(Sec. 10001) Specifies that, unless this bill expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 10002) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 10003) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0.

(Sec. 10004) Prohibits funds provided by this division for the Afghanistan Security Forces Fund from being used to procure uniforms for the Afghan National Army.

(Sec. 10005) Prohibits funds provided by this division from being used for the closure of a biosafety level 4 laboratory.

(Sec. 10006) Prohibits funds provided by this division from being used to provide arms, training, or other assistance to the Azov Battalion.

(Sec. 10007) Prohibits funds provided by this division from being used to purchase heavy water from Iran.

(Sec. 10008) Prohibits funds provided by this division from being used to plan for, begin, continue, complete, process, or approve a public-private competition under the Office of Management and Budget Circular A-76.

DIVISION J--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018

Legislative Branch Appropriations Act, 2018

This division provides FY2018 appropriations for the legislative branch, including the House of Representatives and Joint Items such as: the Joint Economic Committee, the Joint Committee on Taxation (JCT), and the Office of the Attending Physician.

It also provides appropriations for:

  • the Capitol Police,
  • the Congressional Budget Office (CBO),
  • the Architect of the Capitol (AOC),
  • the Library of Congress (LOC),
  • the Government Publishing Office (GPO),
  • the Government Accountability Office (GAO), and
  • the Open World Leadership Center.

Pursuant to a longstanding practice under which each chamber of Congress determines its own requirements, the House bill does not include funds for the Senate.

TITLE I--LEGISLATIVE BRANCH

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. 101) Requires amounts remaining in Members' Representational Allowances after all payments are made for FY2018 to be used for deficit or debt reduction.

(Sec. 102) 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. 103) 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. 104) 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. 105) 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. 106) 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. 107) 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. 108) 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. 109) 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. 110) Prohibits cost of living adjustments for Members of Congress during FY2018.

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.

(Sec. 1001) Establishes senior level Joint Committee on Taxation positions to meet critical scientific, technical, professional, or executive needs and limits the compensation for the positions to level II of the Executive Schedule.

Provides appropriations for:

  • the Capitol Police,
  • the Office of Compliance, and
  • the Congressional Budget Office (CBO).

Provides appropriations to the Architect of the Capitol (AOC) for:

  • Capital Construction and Operations;
  • the Capitol Building;
  • the Capitol Grounds;
  • 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. 1101) 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. 1102) 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, and
  • Books for the Blind and Physically Handicapped.

(Sec. 1201) Limits the FY2018 obligational authority of the LOC for reimbursable and revolving fund activities funded from sources other than appropriations.

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, subject to an exception permitting tours to be suspended for security or related reasons.

(Sec. 208) Specifies that, unless this bill expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 209) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 210) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0.

(Sec. 211) Prohibits funds provided by this division from being used to deliver a printed copy of the Federal Register to the office of a Member of the House of Representatives unless a printed copy is requested by the Member.

DIVISION K--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 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.

Provides appropriations for the DOD Base Closure Account.

(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 joint ventures with U.S. firms and 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.

(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 not performed by any other unit, 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. 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 DOD military construction funds provided in 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 Military Construction, Family Housing Construction, and the North Atlantic Treaty Organization Security Investment Program 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.

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 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.

Prohibits more than 25% of the funds provided for information technology systems development, modernization, and enhancement from being used for development of an electronic health record until the VA submits a report to Congress that includes specified details regarding the development of an electronic health records system.

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 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 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 Review,
  • the Central Whistleblower Office,
  • the Office of Diversity and Inclusion, and
  • the Office of the Executive Director of Accountability and Whistleblower Protection.

(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 the scope of work for a project included in Construction--Major Projects from being increased 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) Provides specified funds from the Medical Services and Medical Support and Compliance accounts to develop an electronic health record. Limits the funds that may be spent for this purpose until the VA submits to Congress a specified report regarding activities to develop the Military Health System Genesis electronic health record.

(Sec. 228) 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. 229) Requires the VA to report to Congress quarterly regarding any single national outreach and awareness marketing campaign exceeding $2 million.

(Sec. 230) 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. 231) 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. 232) Prohibits the VA from reprogramming more than $5 million in funds among major construction projects or programs without congressional approval.

(Sec. 233) Rescinds specified unobligated balances from the VA Medical Services, Medical Support and Compliance, and Medical Facilities accounts.

(Sec. 234) Rescinds specified unobligated balances of funds provided to the VA.

(Sec. 235) 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. 236) 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. 237) 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. 238) 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. 239) 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.

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

Provide 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.

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.

(Sec. 513) Specifies that, unless this bill expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 514) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 515) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0.

(Sec. 516) Reduces the funding provided by this division for Department of Veterans Affairs--Departmental Administration--Information Technology Services (and the amount specified for operations and maintenance) and increases the funds provided by this division for Veterans Health Administration--Medical Services.

(Sec. 517) Prohibits the VA from using funds provided by this division in contravention of requirements for training and outreach programs for homeless veterans.

(Sec. 518) Prohibits funds provided by this division from being used to charge a veteran a fee for a veterans identification card if the veteran uses a specified form to apply for the card and indicates on the form that the veteran is homeless.

(Sec. 519) Prohibits funds provided by this division from being used for a new or additional Base Realignment and Closure (BRAC) round.

(Sec. 520) Prohibits the VA from using funds provided by this division to purchase, breed, transport, house, feed, maintain, dispose of, or experiment on dogs as part of any study assigned to certain pain categories defined by the Department of Agriculture. Includes an exception for training programs or studies of service dogs.

DIVISION L--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) 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. 103) 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. 104) 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. 105) Requires acquisitions funded by this title to comply with regulations that prohibit the Department of Defense from purchasing a certain anchor and mooring chain unless it is procured from a U.S. manufacturer.

(Sec. 106) 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. 107) Prohibits funds made available by this division from being used to require a permit for the discharge of dredged or fill material under Federal Water Pollution Control Act (commonly known as the Clean Water Act) for specified agricultural activities.

(Sec. 108) Authorizes the Environmental Protection Agency and the Army Corps of Engineers to withdraw the Waters of the United States rule without regard to any provision of statute or regulation that establishes a requirement for withdrawal. (This provision applies to the final rule issued by the two agencies on June 29, 2015, and titled "Clean Water Rule: Definition of 'Waters of the United States.'" The rule revised regulations defining the scope of waters protected and regulated under the Clean Water Act.)

(Sec. 109) Permits individuals to possess firearms at Corps of Engineers water resources development projects if: (1) the individual is not otherwise prohibited by law from possessing the firearm, and (2) the possession of the firearm complies with the law of the state in which the project is located. (The Corps of Engineers currently prohibits private individuals from possessing firearms and other weapons at the projects unless the weapons are being used for hunting, at authorized shooting ranges, or with written permission of the Corps District Commander.)

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) Prohibits funds provided by this division from being used to implement the San Joaquin River Restoration Settlement Agreement.

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,
  • the Northeast Home Heating Oil Reserve,
  • the Energy Information Administration,
  • Non-Defense Environmental Cleanup,
  • the Uranium Enrichment Decontamination and Decommissioning Fund,
  • Science,
  • Nuclear Waste Disposal,
  • 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,
  • Other Defense Activities, and
  • Defense Nuclear Waste Disposal.

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 Independent 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 contracts with or 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) 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.

(Sec. 307) Requires DOE to drawdown and sell up to $8.4 million of crude oil from the SPR during this fiscal year (in addition to sales authorized under the Bipartisan Budget Act of 2015). Requires the proceeds from the sale to be deposited into the SPR Petroleum Account to remain available until expended for: (1) the costs of crude oil sales authorized under the Bipartisan Budget Act of 2015, and (2) specified provisions of the 21st Century Cures Act.

Prohibits DOE from drawing down and selling crude oil under this section in amounts that would limit the authority to sell petroleum products under the Energy Policy and Conservation Act in order to prevent or reduce adverse impacts of severe domestic energy supply interruptions.

(Sec. 308) 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. 309) Limits the amount of funds provided by this title that may be transferred to the working capital fund established under the Department of Energy Organization 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.

(Sec. 505) Prohibits funds provided by this division from being used for further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547 (Stewardship of the Ocean, Our Coasts, and the Great Lakes).

(Sec. 506) Prohibits funds provided by this division from being used for the removal of any federally owned or operated dam.

(Sec. 507) Prohibits the use of funds provided by this division: (1) to conduct closure of adjudicatory functions, technical review, or support activities associated with the Yucca Mountain geologic repository license application; or (2) for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future.

(Sec. 508) Specifies that, unless this bill expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.

(Sec. 509) Specifies the committee report that applies for the purpose of implementing this division.

(Sec. 510) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0.

(Sec. 511) Prohibits funds provided by this division from being used for the Cape Wind Energy Project on the Outer Continental Shelf off Massachusetts, Nantucket Sound.

(Sec. 512) Provides additional funding to the DOE Electricity Delivery and Energy Reliability account for certain energy storage systems demonstrations authorized by the Energy Independence and Security Act of 2007. Reduces funding for DOE's Departmental Administration account.

(Sec. 513) Prohibits funds provided by this division from being used in contravention of specified provisions of the Water Resources Reform and Development Act of 2014 and the Water Resources Development Act of 1986 that authorize appropriations for the operation and maintenance of certain harbor projects.

(Sec. 514) Prohibits funds provided by title I (Corps of Engineers--Civil) of this division from being used to require an economic re-evaluation of any project authorized under title VIII of the Water Resources Development Act of 2007.

(Sec. 515) Revises the amounts provided by this division for the Corps of Engineers Investigations account.

(Sec. 516) Revises the amounts provided by this division for the Corps of Engineers Construction account.

(Sec. 517) Prohibits funds provided by this division for Department of Energy--Energy Programs--Science from being used in contravention of the Department of Energy Organization Act.

(Sec. 518) Prohibits funds provided by this division from being used to prepare, propose, or promulgate any regulation or guidance that references or relies on the analysis contained in specified technical support documents and guidance related to the social cost of carbon and greenhouse gas emissions.

(Sec. 519) Prohibits funds provided by this division from being used to implement or enforce certain regulations and statutory provisions establishing energy conservation standards for incandescent lamps.

DIVISION M--DEPARTMENT OF HOMELAND SECURITY BORDER INFRASTRUCTURE CONSTRUCTION APPROPRIATION ACT, 2018

Department of Homeland Security Border Infrastructure Construction Appropriations Act, 2018

Provides additional funds to U.S. Customs and Border Protection for procurement, construction, and improvements.

Requires specified amount of the funding to remain available through FY2020 for:

  • 32 miles of new border bollard fencing in the Rio Grande Valley, Texas;
  • 28 miles of new bollard levee wall in the Rio Grande Valley, Texas;
  • 14 miles of secondary fencing in San Diego, California; and
  • planning for border wall construction.

TITLE I--GENERAL PROVISIONS

(Sec. 101) Specifies that, unless this bill expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.