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DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018; Congressional Record Vol. 163, No. 143
(House of Representatives - September 06, 2017)
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[Pages H6695-H7072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
General Leave
Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members be given 5 legislative days within which to revise and extend
their remarks and include extraneous material in the consideration of
H.R. 3354, and that I may include tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 500 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 3354.
The Chair appoints the gentleman from New York (Mr. Collins) to
preside over the Committee of the Whole.
{time}  1625
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3354) making appropriations for the Department of the Interior,
environment, and related agencies for the fiscal year ending September
30, 2018, and for other purposes, with Mr. Collins of New York in the
chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from New Jersey (Mr. Frelinghuysen) and the gentlewoman
from New York (Mrs. Lowey) each will control 1 hour.
The Chair recognizes the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chair, I yield myself such time as I may
consume.
Mr. Chair, I rise today to present H.R. 3354, the Make America Secure
and Prosperous Appropriations Act. This legislation moves Congress one
step closer to completing its critical work on our fiscal year 2018
appropriations bills ahead of the end of the fiscal year on September
Our bill respects the American people, their priorities for our
Nation, and their hard-earned tax dollars, and it will help move our
great country forward to a more stable and prosperous future.
This funding, totaling $1.2 trillion, supports important domestic and
international programs that keep our people safe and help our economy
grow and thrive, protects us from terrorists and those who want to do
us harm, and assures that America has a critical role across the globe
both militarily and diplomatically.
Most importantly, this bill continues the work started with the
national security funding package that passed the House in July, the
Make America Secure Appropriations Act, and it prioritizes the safety
of the American people, targeting funding towards critical law
enforcement programs, securing our borders and our cyber networks,
fighting terrorism, combating opioid abuse, and stemming the flow of
illegal drugs and goods.
Other funds are directed to programs that provide the greatest
national benefit, including those that keep our food and drug supplies
safe, that support public health preparedness, fight devastating
wildfires, invest in critical infrastructure, and otherwise protect and
support our economy and economic freedom.
All of these investments are made responsibly. In each of our bills
within this package, we have found savings, gotten rid of waste, fraud,
and duplication, and increased oversight to ensure that no taxpayer
dollar is misspent, but we still have more work to do. This is the next
step in the process, but it is not the end.
We must also address new needs arising from terrible flooding and
[[Page H6696]]
inflicted by Hurricane Harvey, which is affecting hundreds of thousands
of people across Texas and Louisiana, as well as continue all
government operations until the final appropriations package can be
conferenced with the Senate and signed into law.
This legislation today represents the House priorities and shows the
American people that this Chamber is moving forward, governing
effectively, and getting things done here in Washington.
Before I close, I would like to thank the members of the
Appropriations Committee for their hard work over the past few months,
and the staff that allows us to consider this bill today, especially
the 12 chairs of the subcommittees. The committee drafted, considered,
and marked up all 12 appropriations bills in under 2 months, a record-
breaking pace, and as a result, we have a fine package of solid bills
on the floor this afternoon.
I particularly would like to thank the chairs and ranking members of
the committee of the bills we are considering today, as well as the
ranking member of the full committee, Mrs. Lowey, for her partnership
and friendship throughout this process. I would also like to extend my
personal thanks to our staff on both sides of the aisle for their
efforts on these bills.
This package is a product not only of the committee's work, but also
of the contribution of all Members of this body. While drafting these
bills that compose this package, we took Members' submissions very
seriously, creating a more representative bill that reflects the will
of the American people.
In July, the House took the first responsible step of providing
funding for critical national security priorities. With this bill, we
complete our work on all 12 of our appropriations bills for the fiscal
This morning, the House came together on an overwhelmingly bipartisan
basis to pass desperately needed emergency funding for the victims in
Texas and Louisiana whose lives were destroyed by Hurricane Harvey.
Funding these important responsibilities of the Federal Government is
our constitutional duty to the people we serve.
Mr. Chairman, I urge my colleagues to vote ``yes'' on this bill, and
I reserve the balance of my time.
[GRAPHIC] [TIFF OMITTED] TH06SE17.001
Mrs. LOWEY. Mr. Chairman, I yield myself 8 minutes.
Mr. Chairman, I rise in strong opposition to this bill, which would
turn back the clock on American excellence, following President Trump's
lead on divesting from education, health, foreign assistance, science,
and infrastructure.
The process for this bill has been outrageous, and this debate,
frankly, is an utter waste of time. Just hours ago, Congressional
leadership and the President agreed to pass a package including
Hurricane Harvey assistance as well as a debt limit extension and a
continuing resolution to keep government running until December 15. We
should be working to pass that measure now so that we can work toward a
bipartisan budget agreement instead of wasting days on a bill that
undercuts economic growth and priorities on which families rely, and is
so hyperpartisan it will never earn the Democratic support needed to be
enacted.
Breaking from longstanding tradition that enables Members to advance
amendments in an open process, the Rules Committee required amendments
be submitted 12 days ago during the District work period and reported a
restrictive, structured rule for relatively few of them so far.
The majority denied consideration of many amendments that would
address timely, high-profile challenges, some of which cut to the core
of our democracy, and would have been allowed under an open rule. In
one of the most egregious examples, the majority blocked an amendment
to provide safeguards to ensure the integrity of government reports on
violent domestic extremism, the likes of which erupted in
Charlottesville in recent weeks, resulting in the death of a young
woman exercising her right to freedom of speech.
Not only were amendments to address the President's revocation of
DACA deemed out of order, in an affront to the Appropriations Committee
and to this institution, the majority removed a bipartisan amendment
passed in committee that would have allowed DREAMers to work for the
Federal Government.
My friends, we have a responsibility to pass the DREAM Act now. It is
absurd that, after years of receiving bipartisan majority support,
Republican leadership has refused to allow a vote.
The Rules Committee should make in order amendments to protect the
integrity of our elections and the independence of the special
counsel's Russia investigation.
This bill also fails on the merits. The nondefense bills are below
sequestration levels set in law, slashing funding for teacher training,
apprenticeship grants to help young adults train for good jobs, law
enforcement grants that help keep our communities safe, environmental
protections that ensure we drink clean water, breathe clean air,
highway and transit grants that improve the quality of life for our
constituents, and a number of scientific and research programs that are
important for global competitiveness.
This bill is littered with riders with deep-rooted opposition, like
cutting funding for Planned Parenthood. If the majority is serious
about governing, loading must-pass spending bills with these policy
riders is a surefire way to fail.
Turning to the State and Foreign Operations division of the bill, I
want to thank Steve Marchese, Erin Kolodjeski, and Matt Washington with
the subcommittee; Liz Leibowitz and Dean Fischer from my office; Craig
Higgins, Susan Adams, Clelia Alvarado, David Bortnick, Winnie Chang,
Lacy Kilraine, Megan O'Donnell, and Alex Pinson with the majority.
Diplomacy and development efforts are critical to protecting our
country's national security and building stronger and more stable
communities around the world. That is why cuts in this division are so
deeply troubling.
As demonstrated through both the President's unworkable request and
the subcommittee's unsustainable allocation, the majority does not
fully embrace the vital role diplomatic and development activities add
to our national security and economic interests abroad.
On the positive side, the bill sustains our bipartisan and unwavering
support for our close ally and partner Israel, as well as Jordan. And I
do appreciate Chairman Rogers protecting resources for basic education,
water, sanitation, democracy, and some vital women's programs, which
provide communities the foundations for inclusive economic growth and
poverty reduction.
While he rejected the most extreme proposals in the President's
budget, the allocation is insufficient to respond to global challenges.
We must reverse dangerous and shortsighted cuts for programs such as
multilateral cooperation, international family planning, and climate
change, as well as the expansion of the Global Gag Rule to all global
health programs, and the prohibition on U.S. contributions to UNFPA.
The Rules Committee should have made in order amendments I submitted
to strike the expansion of the Global Gag Rule and the ban on funding
for the United Nations Population Fund, and to restore essential
funding for international development and diplomacy.
Despite the administration's professed hope that other nations will
fill the gaps created by cuts in this bill, we are at risk of that void
being filled by those who oppose our values and interests, leaving the
world far different from what we want for our children and
It is time for the majority to set aside its most extreme proposals,
including the border wall and interior immigration enforcement, and
work with Democrats to write bipartisan legislation that could actually
be enacted.
Mr. Chairman, I urge a ``no'' vote, and I reserve the balance of my
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 3 minutes to the gentleman
from Kentucky (Mr. Rogers), the chairman of the State and Foreign
Operations Subcommittee, my predecessor as full chairman.
Mr. ROGERS of Kentucky. Mr. Chairman, I rise today in strong support
of the fiscal year 2018 appropriations measure before us today. The
committee, as the chairman said, has worked at a historic pace to
produce a bill that reflects the priorities of the American people.
Chairman Frelinghuysen should be recognized for his leadership in
bringing this legislation through committee and before the House in
record time.
While the entirety of the package should be supported, I want to
highlight, Mr. Chairman, the funding provided for the Department of
State and Foreign Operations. This portion of the bill reduces
international diplomatic and development programs by $10 billion, a 17
percent reduction from fiscal year '17. In a tough budget environment,
the bill strikes a delicate balance between fiscal responsibility and
support for continued U.S. leadership and foreign aid.
First and foremost, over $6 billion is allocated for embassy
security, which will enable the State Department to safeguard American
diplomatic facilities overseas, in line with the recommendations of the
Benghazi Accountability Review Board.
Second, the bill contains $8.4 billion for security assistance to
support key U.S. allies and partners. The U.S.-Israel Memorandum of
Understanding is fully funded at $3.1 billion. The bill also maintains
foreign military financing for Egypt, Jordan, Tunisia; and it increases
security assistance for Ukraine, and provides extra support for other
countries facing Russian aggression.
In our own hemisphere, the bill will help counter transnational
criminal organizations and the flow of illegal drugs by supporting our
partnerships with Colombia, Central America, and Mexico.
Third, the bill promotes American values around the world by
maintaining funding for key democracy programs.
Fourth, the bill continues our country's strong tradition of helping
the most vulnerable, providing $8.3 billion for global health programs
and over $5.9 billion for humanitarian assistance. At the same time,
the bill protects and preserves life by embracing an expanded Mexico
City policy, prohibiting funding for the U.N. Population Fund, and
continuing all pro-life riders carried in prior House bills.
Finally, at a time when we must remain focused on balancing Federal
spending, this bill eliminates many programs, aims to improve oversight
and management, and makes our government more accountable. No funds are
provided for President Obama's Global Climate Change Initiative.
Funding for the U.N. is reduced by $900 million, and international
banks and financial institutions are cut by over $800 million.
The CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield an additional 30 seconds to
the gentleman.
Mr. ROGERS of Kentucky. Mr. Chairman, this legislation advances both
our national security and economic interests. I urge support for the
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentleman from New
York (Mr. Serrano), the ranking member of the Subcommittee on Commerce,
Justice, Science, and Related Agencies.
Mr. SERRANO. Mr. Chairman, I thank Ranking Member Lowey.
I wish we could be here under other circumstances. The process to
consider the CJS portion of this bill as part of an omnibus package is
not in keeping with how the appropriations process should work. Each
bill should be given individual consideration under an open rule.
Some on the other side are cheering this floor process, which is
ironic given their years of opposition to such a lumped-together
I am not sure what has changed their minds today, and at this point
we don't even know if Members will be allowed to offer amendments that
are necessary to improve half of the bill and rein in this out-of-
control administration because the Rules Committee has not yet provided
us with that information.
I also wish that the substance of what we are considering this week
were better. As the ranking member of the CJS Subcommittee, I can say
that the CJS portion of this bill received an inadequate allocation.
After scorekeeping adjustments, the bill includes an approximately 1
percent cut below fiscal year 2017. This is far below the level needed
to adequately fund the programs in this bill which are crucial to
economic development, scientific innovation, and protecting our
Nation's cherished constitutional values.
Before we touch upon these serious problems, let me mention some
areas where both sides agree. I do want to commend Chairman Culberson
for rejecting several of the worst ideas in the Trump administration's
budget. This includes rebuffing proposals that would have reduced
research funding at the National Science Foundation and eliminated the
Minority Business Development Agency. This bill also rejects cuts to
educational efforts in the NSF, NASA, and a proposed cut for the FBI.
Unfortunately, far too many of the President's terrible proposals are
given credence by this legislation. The Legal Services Corporation, the
Manufacturing Extension Partnership Program, and the Economic
Development Administration all absorb significant cuts below the
current funding level. The Census Bureau is greatly underfunded and
will be unable to complete the important and necessary work that must
be done now to prepare for the 2020 Census.
A number of other programs are shortchanged, including climate change
research programs at NSF and NOAA, several National Weather Service
initiatives, and a number of DOJ grant programs, like the COPS Hiring
Program and several police reform grant programs. Democrats and
Republicans, alike, support most, if not all, of these programs, but we
simply cannot fix these problems under this allocation.
I am also troubled that this bill allows many of the administration's
most disturbing priorities and initiatives related to immigration and
civil rights to move forward without the necessary congressional
oversight. In the wake of Charlottesville and Tuesday's DACA decision,
there are many in this country who are justifiably questioning the
President's commitment to tolerance, fairness, and inclusiveness.
The Trump administration's budget request for the Department of
Justice raises those questions as well. A proposal to harm immigrants
by increasing criminal enforcement is funded in this bill. There is no
attempt to limit the Department's actions to undermine affirmative
action, support voter restriction that disproportionally hurts minority
populations, and ignore LGBT protections. Many of these ideas have long
been rejected by the American people, but the President and the
Attorney General continue to give them credibility.
Democrats and Republicans have offered amendments to limit the reach
of these drastic policy changes, but at this point, it is unclear
whether any of these amendments will be made in order. I hope we will
have a serious opportunity to make changes to this bill, but that seems
unlikely.
In its current form, I cannot support this portion of the bill or the
bill as a whole.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 3 minutes to
the gentleman from Alabama (Mr. Aderholt), chairman of the Agriculture
Subcommittee on Appropriations.
Mr. ADERHOLT. Mr. Chairman, it is my distinct honor to bring the
fiscal year 2018 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies bill before you today as part of
the Make America Secure and Prosperous Appropriations Act.
I do want to thank Chairman Frelinghuysen for his commitment to the
annual appropriations process. Under his steadfast leadership, the
House is scheduled to vote on all 12 appropriations bills, which is an
extraordinary achievement.
I would also like to thank Ranking Member Lowey and Ranking Member
Bishop for their cooperative spirit. Mr. Bishop is the new ranking
member for the Agriculture Subcommittee, and I have enjoyed working
with him over the past several months as we have moved forward to try
to help rural America and rural communities.
The Agriculture Appropriations bill responsibly targets funds to
national programs that provide the most benefit to the American people
and to the United States economy. The bill received bipartisan support
throughout the process, even though much of the funding and policies
reflect a conservative policy.
The overall total for both discretionary and mandatory spending in
the bill equals $144.9 billion. That is $4.1 billion above the
President's request and $8.6 billion below the FY17 enacted level. The
bill includes $20 billion in discretionary budget authority, which is
$1.1 billion below the FY17 enacted level when adjusting for the
Commodity Futures Trading Commission. The mandatory funds in this bill
support USDA's farm production, conservation, crop insurance, and
nutrition programs.
I would like to thank all the Members who have submitted requests and
gave input as we have moved forward and crafted this legislation.
Knowing what programs Members are interested in has helped us direct
funding to support rural communities across the country and also combat
animal and plant pests and disease threats, promote U.S. agricultural
exports, support food safety and medical product safety, provide U.S.
commodities to those in need overseas, and address the critical needs
of research.
We protected our most vulnerable populations in this bill by
providing funding for all of USDA's nutrition programs at levels that
ensure all eligible participants will receive the nutrition assistance
that they need. We made sure that the farm loan programs will meet
current estimates of demand during the current economic downturn in
several areas of the farm economy.
Furthermore, the bill provides $5.2 billion to the Food and Drug
Administration, including the preservation of nearly $2.8 billion in
discretionary resources to assist the FDA in protecting and promoting
public health. The bill continues to support the food safety activities
associated with the Food Safety Modernization Act and provides $60
million in new funds to the 21st Century Cures Act.
In closing, I would like to especially thank the staff on the
Agriculture Appropriations Subcommittee, my personal staff, the
minority staff, and Mr. Bishop's staff.
Mr. FRELINGHUYSEN. Mr. Chair, I yield an additional 15 seconds to the
gentleman to thank the staff.
Mr. ADERHOLT. Mr. Chair, I appreciate, again, the bipartisan
cooperation that went into crafting this bill. It is very important.
Mr. Chair, I would ask my colleagues to support this legislation.
Mrs. LOWEY. Mr. Chair, I yield 2 minutes to the gentlewoman from Ohio
(Ms. Kaptur), who is the ranking member of the Subcommittee on Energy
and Water Development, and Related Agencies.
Ms. KAPTUR. Mr. Chair, I want to thank Ranking Member Lowey for
yielding me time. Thank you to all members of the committee for the
long hours you have dedicated to these bills, certainly our chairman,
Rodney Frelinghuysen. The artificially low allocations you were given
have resulted in a package that I cannot support, but I want to note
your efforts to find compromise where it was possible.
Though the House passed the Energy and Water bill as part of July's
Christmas tree minibus, I am back down here today because the
Republican majority has harmed the Department of Energy's funding for
the Advanced Technology Vehicles Manufacturing Loan Program, or, as
they call it, the ATVM. It has been gutted as a pay-for to cover
another shortsighted Republican cut to a Federal Emergency Management
Today's rule allowed this boneheaded Republican action, plotted just
weeks ago before Mother Nature's catastrophic fury hit Texas with
Hurricane Harvey. It doesn't look good to the American people when the
majority cuts programs that are desperately needed. It doesn't serve
America's future if money is pulled from developing engine technologies
to increase fuel economy of cars, expand domestic manufacturing, and
create good-paying American jobs.
Unless you live under a rock, you know these initiatives are both
popular and effective and necessary: 61 percent of Republicans in Ohio
support the requirement of getting to an average of 40 miles per gallon
in new cars by 2025, with 73 percent of the public, overall, supporting
The Department of Energy's Advanced Technology Vehicle program
supported Ford's development of the EcoBoost engine, which is built in
Ohio at Brook Park, in my own district. Advanced Vehicle Research
supported the development of all-electric vehicles, from Nissan's Leaf
in Tennessee to Tesla's Model S in California. It supports America's
competitiveness in a fiercely competitive and tough global marketplace
that is, many times, not on the level.
We should support innovation and collaboration, not eliminate job-
creating programs. I will fight to preserve this program in the final
spending package.
The CHAIR. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Chair, I yield an additional 1 minute to the
gentlewoman.
Ms. KAPTUR. Mr. Chair, thus, I encourage all my colleagues to oppose
this sort of backward maneuver and oppose the final bill.
In closing, I would like to say, and to acknowledge publicly, a very
big thank you and congratulations to Taunja Berquam on her upcoming
retirement from Congress. I know she will have a bright future ahead.
After her distinguished and exemplary service with the Army Corps of
Engineers, including in Iraq, she dedicated over a decade of her
brilliant life and mind to the important task of managing the
Appropriation's Energy and Water Development, and Related Agencies
Subcommittee accounts during my tenure as ranking member, as well as
for Representative Peter Visclosky before me.
Taunja's high-minded commitment to democratic principles is
unyielding. Our committee is losing a trusted and honorable adviser.
Her expertise and no-nonsense approach served our members, the staff,
and the American people extraordinarily well.
Taunja, you will be missed, and you can leave knowing that you made a
positive difference for America's future in nuclear readiness, in our
energy future security, and in vital Army Corps development from coast
to coast. We thank you.
Mr. FRELINGHUYSEN. Mr. Chairman, let me associate myself with the
remarks of Ms. Kaptur.
Taunja, thank you for your service to our Nation, your help to both
Republicans and Democrats, and to the Nation. We are indebted to you.
Good luck to you.
Mr. Chairman, I yield 3 minutes to the gentleman from Texas (Mr.
Culberson), the chairman of the Commerce, Justice, Science, and Related
Agencies Subcommittee, who spoke so eloquently this morning.
Mr. CULBERSON. Mr. Chairman, first of all, I want to thank everyone
here in the House for their kind words and their prayers and their
support this morning for the Hurricane Harvey relief bill. I want to
thank you in particular, Chairman Frelinghuysen, for your hard work,
along with the Speaker, to get that legislation passed through the
House in record time to get relief to the people of Texas and Lousiana,
and know that we are praying for the people of Puerto Rico and Florida
who are facing this terrible hurricane right now.
Today, I am pleased to present the fiscal year 2018 Commerce,
Justice, Science, and Related Agencies Appropriations bill.
I want to particularly thank my ranking member, Jose Serrano, who has
been a good partner to work with and for his support when it comes to
science, and NASA has deeply appreciated it. His input has improved the
bill significantly.
I am also very grateful to Chairman Frelinghuysen and Ranking Member
Lowey for their help in writing this bill, and the superb staff work on
both sides of the aisle in putting it together.
This Commerce, Justice, Science, and Related Agencies bill provides
$54 billion in discretionary funding this year, which is $2.6 billion
below fiscal year 2017.
We have done our best to be good stewards of our constituents' hard-
earned and very precious tax dollars. We fund critical programs in this
bill while cutting or freezing lower priority programs.
One of the main priorities of the Commerce, Justice, Science, and
Related Agencies bill is to fund both Federal and local law enforcement
agencies. Our bill provides the FBI with $8.8 billion, which is a $92
million increase over the budget request.
The FBI has done a superb job in protecting this Nation against
espionage, cybercrime, terrorism, and hate crimes. The threats against
our security are real and evolving. We have done our best in this bill
to make sure that the FBI has the resources it needs to continue to
protect this great Nation.
The Commerce, Justice, Science, and Related Agencies bill also
provides increases across all other Federal law enforcement agencies,
Mr. Chairman, to enhance their capabilities, to combat illegal
immigration, violent crime, and go after human and opioid traffickers.
Unfortunately, Houston, Texas, is a center of human trafficking. And
our legislation makes sure that all Federal agencies have the resources
they need to combat these modern human slavers.
We have provided funding for 65 new immigration judge teams to reduce
the 500,000 immigration case backlog; we have got a $22 million
increase in here, Mr. Chairman, for U.S. attorneys, an $88 million
increase for U.S. marshals, a $98 million increase for the DEA, and a
$35 million increase for ATF.
We have also provided strong funding for priority State and local law
enforcement programs that protect women and children and help support
our local police officers. I am especially grateful, and I want to say
a special thank you, to all of the first responders who saved so many
lives in Houston and across southeast Texas and southwest Louisiana.
Our first responders have been absolutely magnificent in helping
protect the people of Texas, and I know they will be there for the
people of Puerto Rico and Florida.
Our legislation includes $527 million to fight human trafficking and
protect women against violence. We have provided $72.5 million to help
protect missing and exploited children. We have provided $500 million
for the Byrne JAG program to help local law enforcement agencies and
$220 million to help
reimburse State and local agencies for housing criminal aliens.
gentleman from Texas.
Mr. CULBERSON. Mr. Chair, the bill also provides $19.9 billion for
NASA, which is a $218 million increase, and the bill advances space
exploration and ensures America will remain the world leader in space
exploration and technology.
The bill makes sure that the human spaceflight program is fully
funded and that we will have Americans launched back into space on
American-built rockets as soon as humanly possible.
The bill does not adopt the proposed cut to the National Science
Foundation, and we have continued to fund basic scientific research.
We have included numerous oversight provisions, Mr. Chairman, to
protect hard-earned taxpayer dollars, and we have also continued
provisions included in previous year bills to protect our Second
Amendment rights.
Mr. Chair, I thank the chairman for the time and urge all Members to
support the CJS bill.
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Hoyer), the distinguished Democratic whip.
Mr. HOYER. Mr. Chair, I thank the gentlewoman for yielding.
Initially, I want to say that I hope that very soon, in a bipartisan
way, we will bring a DACA bill to this floor.
Let me quote what President Trump said last night. Trump tweeted that
he wanted to ``legalize DACA,'' another call to action, and further
muddled where the administration stood and what it would do.
He said: We need to come together and do this, and we really have no
choice.
Now, I want to speak about this bill. As the chairman knows, and as
the ranking member knows, I served on the Appropriations Committee for
23 years, so I have taken leave of absence because I am one of the
leaders on our side of the aisle.
For most of those years, we worked in a bipartisan fashion. This is a
partisan bill. It is sad, and it is not regular order at all. Regular
order is doing one bill after another until you have passed the 12
bills. In fact, I don't think I have ever seen this process done in
this fashion.
When I was the majority leader, the first year we passed all 12 bills
individually, discretely, separately, and sent them to the Senate
before the August break.
Hal Rogers, the former chairman of this committee, said of the
President's budget: ``While we have a responsibility to reduce our
Federal deficit, I am disappointed that many of the reductions and
eliminations proposed in the President's skinny budget are draconian,
careless and counterproductive.'' I think the same could be applied to
the budget that is before us.
The omnibus appropriations package the House is considering this week
is, as all of us here recognize--all of us recognize--the chairman, I
have great respect for, and I am not going to ask him publicly whether
he thinks the Senate is going to adopt any one of these bills, but I
know his answer.
gentleman from Maryland.
Mr. HOYER. Mr. Chair, let me say to my colleagues, this is not the
way to do it. John McCain gave a compelling speech on the floor of the
United States Senate as he was challenged with a brain tumor and
thinking deeply about what we ought to do. And he said: We need to act
together. We need to be bipartisan. We need to do the people's work in
a way they expect us to do it: together.
Mr. Chairman, this bill is not going to get a Democratic vote. That
is sad. It is sad for the House; it is sad for the country; and it is
sad for the people who will be shortchanged by this bill.
I urge my colleagues to vote ``no,'' and I urge the majority party to
return to the table, as surely we will, to work in a bipartisan fashion
to construct bills that we can all be proud of.
There will be compromises. We won't get all that we want, but they
will be bills that the American people can be proud of and that this
House can be proud of. Let us return to the bipartisan comity and
respect for one another that so long prevailed in the Appropriations
Committee. How sad we have fallen to this place.
from Texas (Mr. Carter), the chairman of the Homeland Security
Subcommittee on Appropriations. As I learned this morning, he is a true
son of Houston, whose eloquence and compassion we heard this morning.
Mr. CARTER of Texas. Mr. Chairman, I want to thank Mr. Frelinghuysen
and Mrs. Lowey for all the work that we did together on this bill. The
whole bill is a good bill. It deserves this House's support.
But I am here to present the Department of Homeland Security
Appropriations bill for fiscal year 2018, which, in turn, deserves your
support. This is a good bill that is essentially for the security of
our Nation. It not only funds vital security and law enforcement
capabilities, but it also restores funding for critical Federal
assistance grant programs and disaster relief.
As importantly, it provides the oversight essential to ensure the
Department's actions are in accordance with congressional intent.
Let's look at it. For CBP, $1.6 billion for 74 miles of border wall
construction that was previously included in the Make America Secure
Appropriations Act that was passed in July.
In addition to the funding for the wall construction, this bill will
fund additional border patrol agents and virtually all of the
technology, infrastructure, and assets needed for the security of our
borders.
For ICE, this bill funds 44,000 detention beds; 10,000 more beds than
were funded in 2016; almost 4,700 more than the number funded in 2017.
This bill will strengthen ICE's ability to enforce immigration laws
and conduct investigations into human trafficking, child exploitation,
and transnational crime.
For TSA, although the bill does not include the proposed increase in
aviation security fees, it fully funds required transportation security
screeners.
For the Coast Guard, all major acquisition programs are funded at the
required level: the polar icebreaker, the offshore patrol cutter, and
the fast response cutter.
For FEMA, the bill fully funds the request for disaster assistance.
It restores nearly $940 million to the Federal assistance for first
responder grants and education training exercises. Additionally, the
bill fully funds all cybersecurity acquisition requirements at the
requested levels, fully funds the Secret Service, and fully funds E-
Verify.
In conclusion, my colleagues, this bill strengthens the security of
our Nation. It also sends a powerful message that if you break our
Nation's laws and cross the border illegally, you will suffer the
consequences: apprehension and a guaranteed stay in detention.
North Carolina (Mr. Price), the ranking member of the Committee on
Transportation, Housing and Urban Development, and Related Agencies.
Mr. PRICE of North Carolina. Mr. Chairman, I thank our ranking member
for yielding, and I thank her and our chairman for their good work.
I must still rise, however, in opposition to the fiscal 2018
Transportation, Housing and Urban Development, and Related Agencies
bill, and the Republican Omnibus bill.
I want to stress, Mr. Chairman, that I am heartened, as I imagine
every Member of this body is heartened, by the bipartisan cooperation
we have been able to muster to reach out to our neighbors in Texas and
Louisiana who have been so devastated. It is the same kind of
solidarity and cooperation that I know we will muster, whatever the
need is after Irma reaches our shores. We anticipate that storm with a
great deal of concern and apprehension.
We have a history in this body of pulling together when it matters
for our neighbors whenever disasters strike. That kind of cooperation
is absolutely essential to who we are as a country and who we are as an
institution.
Mr. Chair, I want to urge that we bring that same spirit of
cooperation,
that same understanding of the historic cooperation that has
characterized appropriations, to our larger appropriations challenge.
After all, this is the power of the purse. This is our main
constitutional power, and history shows it works best when it is
exercised cooperatively, no matter who the President is or what the
party division is.
We need to work in a cooperative fashion to make sure that this power
is just as effectively and responsibly exercised as possible. This
eight-bill exercise in which we are engaged today is a deeply flawed
process. We need to overcome this, and I believe eventually we will,
with a bipartisan budget agreement such as we have had each of the last
4 years. This will let us cooperatively write appropriations bills that
address our country's needs. But that is not where we are today, Mr.
Chairman.
I do want to give the chairman of our subcommittee, Mario Diaz-Balart
of Florida, credit for an open and collaborative process, but he and
the subcommittee have been dealt an inadequate hand. We simply can't do
what needs to be done with this allocation.
In the case of the T-HUD bill, we have only appropriated $56.5
billion for vital transportation, housing and community development
programs, and that is $1.1 billion less than the enacted level. We have
got to do better than this. We have got to do right by our country's
infrastructure needs.
One of the most egregious omissions in this bill is funding for the
TIGER program. This is a program that has addressed infrastructure
needs across our country. Estimates are that we are addressing only 5
percent of the meritorious projects put forward under TIGER.
I can tell you about one project we are funding. I visited it last
week: Union Station in Raleigh, North Carolina, a beautiful multimodal
facility that is going to facilitate passenger rail, transit, buses,
intermodal transportation, and it is going to revitalize a landmark
downtown district.
That is an ideal use of TIGER funds. Communities all over this
country need that sort of investment, yet this bill zeros that program
out completely. It also cuts New Starts for transit--Capital Investment
Grants--by $659 million.
Now, I give the chairman credit for including bill language to ensure
that the FTA continues to rate and review projects in the New Starts
pipeline, but at this funding level, only a few of those projects can
actually be funded. Our cities across this country are eager to
institute transit programs. They have gone through all the steps to do
this responsibly. We need to keep faith with those communities by
improving on this aspect of our bill.
Over at HUD, the Choice Neighborhoods program--formerly called HOPE
VI--that has transformed dozens of public housing developments into
thriving, mixed-income communities, receives only $20 million in this
bill compared to $137 million in the fiscal '17 bill. Now, I recognize
this is a placeholder amount, and I look forward to working to improve
this number moving forward.
Mrs. LOWEY. Mr. Chairman, I yield an additional 1 minute to the
gentleman.
Mr. PRICE of North Carolina. Additionally, the Community Development
Block Grant and HOME programs are each cut by $100 million in this bill
despite bipartisan calls from local elected officials across the
country to preserve those funding streams.
We are in the midst of a housing crisis nationally. Only one in four
people eligible for Federal rental assistance can receive it. We have a
huge public housing capital backlog, and our infrastructure continues
to crumble, resulting in decaying highways and bridges and congested
roads. We should be increasing our commitment to meet these housing and
transportation needs, not shortchanging them. We have done this for far
too long already.
We have returned again and again to appropriations, especially
domestic appropriations, to bear the whole brunt of deficit reduction.
The results are a disaster for our economy and for the work of our
appropriations committees.
It is truly the worst of both worlds. We are not really addressing
the main drivers of the deficit, yet we are doing untold damage to
critical national investments.
I strongly object also to several policy riders in this bill. They
unnecessarily attack high-speed rail, they roll back transportation
safety, and they harm labor rights.
No number of amendments offered today can fix this bill. I remain
hopeful that ultimately we can get a serious budget agreement. In the
meantime, I urge my colleagues to reject this omnibus bill.
from California (Mr. Calvert), who is the chairman of the
Appropriations Committee's Interior, Environment, and Related Agencies
Subcommittee.
Mr. CALVERT. Mr. Chairman, it is my distinct honor to bring to the
House floor the fiscal year 2018 Interior, Environment, and Related
Agencies appropriations bill.
Before I go into the details of the bill, I would like to commend
Chairman Frelinghuysen for his commitment to the appropriations
process. Under Chairman Frelinghuysen's leadership, the committee has
moved its bills through the full committee and is now bringing all 12
fiscal year 2018 bills to the House floor.
As reported by the Appropriations Committee, the fiscal year 2018
Interior and Environment bill is funded at $31.456 billion, which is
$824 million below the fiscal year 2017 enacted level and $4.3 billion
above the budget request.
This legislation makes a concerted effort to prioritize critical
needs within our allocation while also addressing specific interests
and concerns brought to our attention through more than 5,000
individual Member requests.
In the interest of time, I won't outline all of the programs and
activities funded in this bill, but I would like to point out a few
highlights. The committee has provided robust wildland fire funding in
this bill. Fire suppression accounts are again fully funded at the 10-
year average level, and the bill increases funding for hazardous fuels
reduction.
The bill funds the Payments in Lieu of Taxes, PILT, program at the
fiscal year 2017 enacted level. Rural counties in 49 of the 50 States
rely on these funds to make up for lost tax revenue.
Overall, funding for the EPA is reduced by $534 million, or 6.5
percent, from last year. This legislation provides $5 billion worth of
investment in water infrastructure through funding in the WIFIA program
and the Clean Water and Drinking Water revolving loan funds. This bill
also provides increases to accelerate the cleanup of contaminated
Superfund and Brownfield sites. These programs help create jobs and
spur economic development in communities across the country.
The bill provides $2.9 billion for the National Park Service. It
increases the construction account by $10 million and maintains
increases provided last year to address longstanding park operations
and deferred maintenance needs.
We have also addressed a number of concerns within the Fish and
Wildlife Service accounts. The bill restores core programs and popular
grant programs to fiscal year 2017 enacted levels. It also restores
funds to combat international wildlife trafficking, protects fish
hatcheries from cuts and closures, continues funding to fight invasive
mussels and Asian carp, and reduces the backlog of species that are
recovered but not yet delisted.
The bill provides $275 million for Land and Water Conservation Fund
programs that enjoy bipartisan support.
The West Coast, and my home State of California in particular, is
counting on the expertise of the USGS to make earthquake early warning
systems operational. This bill provides $10.2 million for this public
safety program that will protect millions of lives and critical
The bill also makes critical investments in Indian Country--a top
priority of the committee. It honors our commitment to Native Americans
with particular emphasis on Indian health, law enforcement, education,
and water settlements.
In closing, I would like to thank the staff on both sides of the
aisle who have worked long hours on this legislation. On the minority
side, I would like to thank Rita Culp, Jocelyn Hunn, and Rebecca
Taylor. On the majority side, I would like to thank Darren Benjamin,
Betsy Bina, Jason Gray, Jackie Kilroy, Kristin Richmond, and Dave
LesStrang, our chief clerk from the committee staff; as well as on my
personal staff, Ian Foley, Rebecca Keightley, Tricia Evans, and Dave
Kennett for a job well done.
Lastly, I would like to thank my good friend and ranking member,
Betty McCollum, for working with me to address a number of critical
needs throughout the bill. While we may disagree on some issues, we are
never disagreeable with each other and we continue to work well
Mr. Chairman, this is a good bill, and I urge its adoption.
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentlewoman from
Connecticut (Ms. DeLauro), who is the outstanding ranking member of the
Subcommittee on Labor, Health and Human Services, Education, and
Related Agencies.
Ms. DeLAURO. Mr. Chairman, I rise in opposition to this bill. While I
am glad to see the Labor, Health and Human Services, Education, and
Related Agencies bill on the floor, this is the first time it has been
considered with amendments since the 2010 appropriations cycle. But
even with that, I cannot support the underlying bill.
I will be blunt. This process is a sham. The combined omnibus would
violate the Budget Control Act caps. It triggers a sequester of $72
billion from the Department of Defense. I am troubled to see the Labor-
HHS bill, once again, bearing the brunt of Republican budget cuts.
The overall cuts to nondefense discretionary spending is $8 billion,
and the Labor-HHS bill is cut by more than $5 billion. This cut, by the
way, is completely unnecessary because the allocations that we approved
are approximately $5 billion below what they have said we need for
nondefense spending, which is allowed under the Budget Control Act. We
have the resources available, yet the majority refuses to allocate them
to the essential programs funded through this bill.
I will also note that when adjusting for inflation, the Labor-HHS
bill is approximately $30 billion below what it was in 2010.
Instead of moving this bill, we ought to be negotiating a bipartisan
budget deal to lift the sequestration caps on both defense and
nondefense programs, then we could begin working on a bipartisan basis
to draft a reasonable Labor-HHS bill that adequately funds the programs
that support the middle class.
The biggest economic challenge of our time is that too many people
are in jobs that just don't pay them enough to live on. The programs in
this bill provide opportunities for hardworking Americans to improve
themselves and for our economy to grow. We need a country that works
for the middle class and the vulnerable, not just the wealthy and those
with the most lobbyists.
Right now, we grow jobs, but not incomes. The Federal Government has
long played a key role in helping American workers learn and grow
through workforce development and connecting businesses with talent.
But the programs that help grow our economy, educate our students, and
protect our women and seniors cannot operate if the Labor-HHS bill is
starved for funding, which is why I oppose the underlying bill.
I admit that there are a few bright spots. I strongly support the
increases for NIH research, emergency preparedness, special education,
and the TRIO and GEAR UP programs. Unfortunately, the modest increases
in this bill are far outweighed by decimating cuts to programs that
ought to be seeing increases.
This bill fails our students and is fundamentally anti-teacher. It
fails to make new investments in Title I. It eliminates $2 billion for
supporting effective instruction grants--what that is is teacher
training.
This bill's approach to women's health pushes a dangerous and harmful
ideological agenda and eliminates funding for Title X Family Planning.
It also eliminates the Teen Pregnancy Prevention Program, and it
includes ideological riders that would block funding for Planned
Parenthood and effectively block lifesaving research that use stem
cells from fetal tissue.
The bill cuts access to the Mental Health Block Grant and the
Substance Abuse Prevention Program. It cuts nurse training, tobacco
prevention, and it completely eliminates the Minority HIV/AIDS
It hurts workers by eliminating the Employment Service, which helped
nearly 6 million unemployed workers, including veterans, find jobs in
2015. It eliminates grants expanding the highly effective Registered
Apprenticeship model that connects jobseekers with good-paying jobs
that employers are desperate to fill. It also cuts funding for other
job training programs like Job Corps and the Dislocated Workers
Why would we eliminate programs that for so long have been about
economic opportunity and a ladder to the middle class?
There are the riders, which I mentioned. This bill blocks funding for
the Affordable Care Act. It continues to prohibit funding for gun
violence prevention, which has had a chilling effect on gun violence
Finally, it prohibits the Department of Labor from ensuring that
financial advisers act in the best interests of their clients. This
week we expect to see several more harmful riders added to the bill.
At full committee markup, we proposed more than 40 amendments to
strengthen and improve this bill, but the majority rejected all of
Mr. Chairman, I urge my colleagues to oppose this minibus because the
funding in this bill fails to meet our country's needs, and it breaks
our promises to women, to seniors, to students, and to our workforce.
While I am strongly opposed to this bill, I do want to thank the
committee staff--majority and minority--the ranking member; the chair
of the committee; and the chair of the subcommittee, Mr. Cole.
from California (Mr. Calvert).
Mr. CALVERT. Mr. Chairman, I yield to the gentleman from North
Carolina (Mr. Hudson) for the purpose of a colloquy.
Mr. HUDSON. Mr. Chairman, I would like to begin by expressing my
appreciation to Chairman Frelinghuysen and Interior Subcommittee
Chairman Calvert for their strong leadership and good work on this
legislation and to thank them for this opportunity to speak today.
I rise to advocate on behalf of the U.S. national forests and their
upkeep, specifically through the capital improvements and maintenance
program. This program provides funding to pave our national forest
roads, such as those within the Uwharrie National Forest located in my
district.
Each year, the U.S. Forest Service is given funding to maintain
roadways across our Nation. While they do their best to sustain
roadways and trail access points, they can only do so much with the
resources they are given. These roadways are an integral part of
ensuring critical public access to our U.S. forestlands.
Unfortunately, many of our national forest roadways have become
severely eroded from travel, age, and the elements. The erosion has
created problems for those who visit the Uwharrie National Forest as
well as those who access these roads to travel to and from their homes.
First responders have also not been able to reach residents in
emergencies due to road conditions in recent years, causing major
safety risks for people who live along these roads.
I emphasize this is more than just a headache for these residents, it
is a real safety issue. I have seen roads firsthand after storms, and
there is no way fire trucks and ambulances can access these roads in
their current condition, and I believe it is completely unacceptable.
I have been advocating on behalf of the Uwharrie National Forest
since my first term in Congress, and I will continue to engage with
local, State, and Federal stakeholders on this issue.
I appreciate Chairman Calvert's attention to this issue and his
the Capital Improvement and Maintenance program. I look forward to
working together with the chairman to find a long-term solution to this
issue.
Mr. CALVERT. Reclaiming my time, I thank the gentleman for drawing
the House's attention to the road construction and maintenance needs of
the Forest Service. I would be pleased to work with him and anyone else
interested in our national forests as we move through the FY 2018
spending process.
Indiana (Mr. Visclosky), the ranking member of the Subcommittee on
Defense.
(Mr. VISCLOSKY asked and was given permission to revise and extend
his remarks.)
Mr. VISCLOSKY. Mr. Chairman, I extend my gratitude to Chairman
Frelinghuysen, Ranking Member Lowey, Chairman Diaz-Balart, Ranking
Member Price, and all of our staff for their very hard work in crafting
the transportation portion of the underlying bill.
I am pleased that, in comparison to the President's budget, this bill
includes a $500 million increase for the Capital Investment Grant
program. This program provides critical funding to transit projects
throughout our Nation.
While this funding increase is encouraging, it is my hope that a
higher number can be agreed to in conference. The Senate Appropriations
Committee has approved a funding level of $2.1 billion, and I strongly
believe that the chairs and ranking members have demonstrated a
commitment to providing robust funding for transportation investments
to grow jobs and our economy.
I am particularly grateful for the inclusion of report language that
protects those in the queue for CIG projects and that the Senate
Appropriations Committee has also approved similar language.
I was alarmed that the President's budget sought to eliminate funding
for projects that had not yet received full funding grant agreements. I
would emphasize that 23 States currently have CIG projects, and this
language would undermine the millions of dollars and years' worth of
human capital these communities have invested.
These projects are an investment in our national economy. These
projects connect people in our communities to educational and job
opportunities and allow businesses to grow and thrive. It is absolutely
critical that we prioritize these investments in transportation
from Oklahoma (Mr. Cole), chairman of the Labor, Health and Human
Services, Education, and Related Agencies Subcommittee.
Mr. COLE. Mr. Chairman, I want to begin by thanking the chairman of
the full committee, the ranking member of the full committee, certainly
the ranking member of the subcommittee, and the staff for the
tremendous assistance they provided in putting together this rather
large and complex piece of legislation.
It is fair to note for the record that the allocation we received of
$156 billion is $5 billion less than we had last year. While our lower
allocation this year forced us to make some difficult decisions, I want
to remind my colleagues that the cuts we are making today amount to
barely 3 percent of what we spent last year and is essentially what we
spent in fiscal year 2016.
The bill before us today focuses on key national priorities:
investing in biomedical research to find cures for diseases like
Alzheimer's and cancer; ensuring our country is fully prepared and able
to protect our citizens from disease outbreaks or bioterrorism;
continuing to support early childhood education, particularly for those
at risk; helping first-generation college students prepare for, access,
and complete a postsecondary education; and continuing to support
people living with disabilities.
The bill also preserves funds for popular programs like career and
technical education, support for Historically Black Colleges and
Universities, programs to help Native Americans, the AmeriCorps
program, LIHEAP, and the Corporation for Public Broadcasting.
The National Institutes of Health, our Nation's premier biomedical
research agency, is funded at $1.1 billion above last year. NIH is
working to find cures for Alzheimer's disease, cancer, and develop the
next generation of medical treatment through the use of precision
medicine techniques.
We need to continue to build upon the $2 billion increase provided in
the omnibus last year. I view this proposal as a floor, not a ceiling,
for biomedical research funding. I am hopeful that this number can
increase as the process moves forward.
Biodefense and preparedness programs, including new funding to
prevent a pandemic flu from occurring, are increased across the bill.
We are all aware of the terrible toll prescription drugs and opioid
abuse is taking on our Nation. I am proud to say this bill includes
another $500 million to continue comprehensive grant programs to enable
States, localities, and tribes to develop anti-opioid initiatives
focused on prevention, education, and treatment and recovery services.
Head Start receives a $22 million increase in this bill. Preschool
programs are continued at $250 million. Childcare programs receive a $4
million increase. Special education programs for students with
disabilities are increased by $200 million, which will help local
school districts ease the financial burden of providing specialized
educational services. TRIO and GEAR UP, which help disadvantaged
students prepare for and complete college, receive increases of $60
million and $10 million, respectively, over last year.
The bill also includes $500 million for the Student Support and
Academic Enrichment grant program. These funds can be used flexibly by
school districts across the country, whether the need is in the area of
counseling, computer science instruction, or teacher training and arts
programming.
Pell grants are maintained at a maximum of $5,920.
Mr. FRELINGHUYSEN. I yield the gentleman an additional 1 minute.
Mr. COLE. I will also note that this is an initial allocation and the
beginning of the congressional funding process. As always, I look
forward to working with our counterparts in the Senate and my friends
across the aisle to see if there are additional areas where we can
cooperate.
Finally, I want to note that the bill protects human life by
continuing longstanding prohibitions against Federal tax dollars being
used to pay for abortions, including new provisions to ensure that no
tax dollars are used for research on human fetal tissue obtained by an
This bill represents a balanced approach that will benefit every
American and maintain the appropriate stewardship of taxpayer dollars
that we have been entrusted with as Members of Congress.
California (Ms. Roybal-Allard), ranking member of the Homeland Security
Subcommittee of the Appropriations Committee.
Ms. ROYBAL-ALLARD. Mr. Chairman, the FY 2018 Department of Homeland
Security funding bill addresses many bipartisan priorities, including
maintaining funding for first responder and antiterrorism grants and
the Emergency Food and Shelter Program. It provides increases above the
request for the Office for Civil Rights and Civil Liberties, Nonprofit
Security grants, new Coast Guard assets, and ICE child exploitation
investigations. It also restores funding for Science and Technology
Centers of Excellence.
The bill restores funding for flood mapping grants, which the
administration proposed to eliminate, and funding for pre-disaster
mitigation grants, for which the administration proposed a 60 percent
cut. These grants support precisely the kinds of programs that help
communities mitigate and prepare for the impacts of natural disasters
like Hurricane Harvey, and we should be investing in them even more.
The bill also provides the President's request for the Disaster
Relief Fund. We will, however, need to appropriate more money beyond
that approved by the House earlier today in order to address the damage
caused by Harvey and, potentially, Irma.
While there is much in this bill Democrats can support,
unfortunately, for several reasons, we cannot support this bill. For
example, we cannot support the bill's $705 million increase for
Interior immigration enforcement. This includes an increase of 4,676
detention beds, which is 10,000 above fiscal year 2016, and the hiring
of 1,000 additional ICE officers and agents.
The administration says its more aggressive enforcement approach is
critical to national security and public safety. In fact, ICE is now
arresting people with no criminal infractions who have lived, worked,
and paid taxes in this country for years--and even decades.
These arrests are not required for national security or public
safety. They have tragic consequences for families and communities all
over this country. The trauma being inflicted on them cannot be
overstated.
Mr. Chairman, we are dealing with a moral question as much as a legal
one. ICE has the discretion to enforce our immigration laws fairly and
justly, and Congress has the discretion to prioritize how we spend
taxpayer dollars.
Instead of overly aggressive immigration enforcement, we should be
investing more in real security vulnerabilities. These include
cybersecurity, human trafficking investigations, Coast Guard vessels
and aircraft, flood mapping, and pre-disaster mitigation.
We should invest in more Customs officers. We should restore funding
for research and laboratory facilities at the Science and Technology
Directorate and for TSA's Law Enforcement Officer Reimbursement
Program. Unfortunately, we are not doing any of this.
However, before concluding, I want to take a moment to talk about the
Trump administration's announcement yesterday on ending the DACA
An amendment I offered in committee to clarify the basic authority of
DHS to continue the program failed on a party-line vote. It would have
given Congress time to enact a more formal authorization and given
DREAMers the peace of mind of knowing they would not have to go back
into the shadows. With the administration's announcement yesterday,
that peace of mind has been cruelly snatched away.
We shouldn't wait 6 months to fix this problem. The majority should
bring my bipartisan, bicameral bill, the DREAM Act, to the floor as
soon as possible so that DREAMers can continue to contribute to this
country free of the fear of being deported from the only home they
In closing, Mr. Chairman, I want to extend my appreciation for the
efforts of the subcommittee chairman, Chairman Carter, and his staff,
who worked with the minority throughout the development of this bill.
Consistent with prior years, Chairman Carter has carried out his
responsibilities honorably, fairly, and collaboratively.
from Florida (Mr. Diaz-Balart), chairman of the Transportation, Housing
and Urban Development, and Related Agencies Subcommittee on
Appropriations.
Mr. DIAZ-BALART. Mr. Chairman, before I begin, I want to thank the
chairman, our members, colleagues, and the leadership for being so
understanding.
Tomorrow, I will be heading back to south Florida to be there in case
this horrible storm does head our way. Again, everyone has been
incredibly supportive and shown great solidarity. I am exceedingly
grateful for that.
I rise today to express the strongest possible support for this bill.
I applaud the leadership of Chairman Frelinghuysen for making it
possible to consider it on the floor today.
I would like to highlight some of the vital issues in this bill.
The Transportation, Housing and Urban Development, and Related
Agencies division provides $56.5 billion in discretionary budget
authority. That is $1.1 billion below the fiscal year 2017 enacted
level, but it is $8.6 billion above the budget request.
We have targeted transportation and housing funding to essential
investments in safety, infrastructure, and assistance for our most
vulnerable citizens: the elderly; the disabled; and, yes, America's
heroes, our veterans.
We also had to prioritize by reducing or eliminating nonessential
programs and scaling back administrative accounts.
For the Department of Transportation, the bill includes $17.8 billion
in discretionary appropriations and $76.7 billion in total resources.
That includes support for the FAST Act obligation limitations.
The Federal Aviation Administration is funded at $16.6 billion, Mr.
Chairman. We provide this increase to keep advancing NextGen programs
with over $1 billion and to continue to operate the safest, most
complex, most advanced air traffic control system in the world.
The bill reflects FAST Act priorities for highways, rail, and
transit. It includes $45 billion in road and bridge funding from the
highway trust fund, which is almost $1 billion above fiscal year 2017
levels. This funding will provide much-needed improvements to America's
highways and bridges.
The bill provides $2.2 billion to the Federal Railroad Administration
to continue our commitment to rail safety and to make critical
infrastructure investments. This includes FAST Act rail infrastructure
investments to address the state of good repair backlog, which we
really need to address.
As a reflection of tough choices, Mr. Chairman, our funding level for
transit Capital Investment Grants is $600 million below the 2017 level.
But we have, and this is important, included funding and direction to
keep upcoming projects in the pipeline.
For housing programs, we work to ensure that we continue assistance
to our most vulnerable population. The bill includes $38.3 billion for
Department of Housing and Urban Development. The bill also includes
significant increases to keep pace with inflation, almost $1 billion
above last year, for direct rental assistance to maintain, again,
housing for those who are currently served.
Homeless assistance remains a top priority in this bill. We included
funding at the enacted level and well above the budget request.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield an additional 1 minute to
the gentleman from Florida.
Mr. DIAZ-BALART. Mr. Chairman, the bill restores a number of programs
that Members, frankly, from both sides of the aisle made sure that we
were aware of.
The bill restores a number of community development programs that
were proposed for elimination in the budget request, including CDBG and
HOME. Again, we listened to Members from both sides of the aisle, and
we made sure that that was a priority in this bill. These programs,
again, support decisionmaking at the local level where it should be.
Before I close, I want to thank the hardworking and talented staff
who helped put this together, the subcommittee staff. I was going to
read their names, and again, I know I am running out of time, but I
think this is the best staff anywhere in Congress. I also want to thank
my personal staff, my chief of staff, Miguel Mendoza, who is the deputy
chief of staff as well, and from the minority staff, Joe Carlile and
Angela, and so many others who have worked hand-in-hand with my
committee staff. And I would be remiss if I did not, in particular,
thank Mr. Price, the ranking member. He has been great to work with,
work cooperatively. I ask for your favorable support of this bill.
Georgia (Mr. Bishop), the ranking member of the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration, and
Mr. BISHOP of Georgia. Mr. Chairman, let me just say I believe that
we are missing out on the opportunity to effectively do our jobs.
As elected Members of Congress, we are here to fight for what is
right, what is fair, and what is just. When presented with the
administration's budget, it is Congress that is charged to serve as the
first line of defense for the needs of the American people.
And the agriculture bill before us, as a part of this omnibus, is our
attempt at doing just that. However, the progress made in the
agriculture bill will end here because we do not have a budget
resolution to conference, and it is entangled with other very
contentious bills, and that is most unfortunate.
In light of the draconian budget request presented by the President,
Congressman Aderholt and I, along with our bipartisan Agriculture
Appropriations Subcommittee colleagues, worked diligently to protect as
much of our country's agriculture and food and drug safety systems as
we could.
In order to inflict the least amount of damage, the funding
reductions were spread across several programs. But let me be clear,
the communities that make up this great Nation need these programs to
be robustly funded in order to keep us competitive in the global
marketplace.
The United States of America will not continue to be the Nation that
produces the safest, most abundant, highest quality, most economical
food and fiber anywhere in the industrialized world if sufficient
resources are not made available by this Congress.
While we were able to maintain McGovern-Dole at the 2017 level, the
Food for Peace program was reduced.
This bill provides $830.4 million for research and education
activities, which includes approximately $161 million in funding,
consistent with fiscal year 2017, for minority serving land-grant
institutions. These funds will assist in increasing minority
representation and participation in the multidisciplinary agriculture
community in fields such as agriculture research, agribusiness, as well
as farming and ranching.
At the same time, the Commodities Future Trade Commission was
deprived of the $2 million of funds that it needs to protect U.S.
customers from nefarious trade activity. Unprecedented language was
inserted into the bill that allows the CFTC Chairman to reduce the pay
and benefits of his employees if he deems it necessary to avoid a RIF
or furlough, whether or not it abrogates established collective
bargaining agreements.
And unfortunately, the amendment I submitted to strike that provision
was not made in order by the House Rules Committee.
Funding for the Food and Drug Administration remains flat, which is
in stark contrast to the Trump budget that sought to cut it by more
than $900 million. And still, funding for this agency that oversees the
safety of our food, drugs, and medical devices will not grow, despite
our significant dependence on their activities and the increasing
workload each and every year.
FDA is being forced to do more with less resources, and that limits
its ability to adequately protect the health, safety, and welfare of
the American people.
Nutrition. Mandatory funding for SNAP and child nutrition were funded
consistent with the current estimates. That is good. Additionally,
school kitchen grants are funded at $25 million, which the Trump
administration requested be zeroed out. I thank the committee for this.
Now, we just voted for a bill to provide aid for the victims of
Hurricane Harvey just as the potential impact of Hurricane Irma looks
over us. Instead of being proactive to ensure our citizens who have
been and will be impacted by impending natural disasters are protected,
we are going to the floor with a package which inadequately funds our
Federal agencies and does not completely meet the needs of the citizens
of this great Nation.
This approach to funding our government for fiscal year 2018 all but
guarantees our short term, if not a full year, continuing resolution.
But just like every year, Democratic votes will be needed to enact an
appropriations law. Working together on a bipartisan basis will be
absolutely necessary for it to move forward.
Mr. Chairman, we still have a lot of work to do to discharge our
obligations to the American people.
Mrs. LOWEY. Mr. Chairman, I yield an additional 30 seconds to the
Mr. BISHOP of Georgia. Mr. Chairman, regretfully, this bill falls
short.
I would like to thank Mr. Aderholt for his work as chairman of the
subcommittee, Chairman Frelinghuysen, and both of them for conducting
the Appropriations Committee markups fairly and collegially, and Mrs.
Lowey, our full committee ranking member, for her very strong and
inspiring leadership.
And with that, let me thank our staffs on the majority and minority
sides for all of their cooperation.
from Georgia (Mr. Graves), the chairman of the Financial Services and
General Government Subcommittee on Appropriations.
Mr. GRAVES of Georgia. Mr. Chairman, I want to thank Chairman
Frelinghuysen for his support and his team for bringing us to this
point today and this week to do what many thought couldn't be done, and
that is, getting all 12 of our appropriation bills done in a timely
fashion.
But today it is a privilege for me to present the Financial Services
and General Government Appropriations Act, and this wouldn't be
possible without Ranking Member Quigley's effort and his team, and I
appreciate their work as we have been through many months of effort
But I believe this is the prosperous part of the Make America Secure
and Prosperous Appropriations Act, and I will explain why that is.
Because this bill includes many of the reforms that were found in the
CHOICE Act, which we passed earlier this spring in the House, which
eliminated many of the harmful Dodd-Frank regulations, streamlining
outdated agency processes, and reining in those rogue agencies that we
have heard so much about, while allowing the economy and the markets to
begin working for American families. And we will also restore the
financial freedoms that help Americans earn a living and achieve their
American Dream, of which we have all been hearing about over these last
weeks in August.
But this bill also invests in small businesses. It invests in the
small businesses through the SBA by $1 billion, nearly $1 billion of
new investment to the Small Business Administration, with significant
funding for small business loans and particularly to those veterans of
ours who are out there working hard and starting their own businesses.
But this bill also carries the entire Financial Institution
Bankruptcy Act, which passed this House earlier this year, as well, on
a bipartisan vote.
But IRS funding, again, is kept at a 2009 level, actually a little
bit below that, but allowing targeted investments in consumer service
and cybersecurity. But this bill maintains our commitment to the IRS
oversight that we have been working on so hard over the last couple of
years by prohibiting the harmful regulations that we have seen from
them that have impacted our 501(c)(4) organizations.
It prohibits them targeting these groups based on their political
beliefs or their exercising of their First Amendment rights, but it
also allows for many of the other protections for taxpayers that we
have been longing to do.
To combat the opioid crisis, we include more than $360 million to aid
Federal drug control programs like drug courts and drug free
communities.
But it is also important to note that we carry the pro-life
provisions that have been a pattern and a custom and a privilege that
this House has done for so many years over the past, but we have added
to that. We have expanded it by including the Harris amendment that
prohibits funding from being provided through multi-State plans that
cover abortion, and we also included a provision that repeals the
District of Columbia's assisted suicide measure.
Now, this bill comes in at about $20 billion, and that is a big
number. But let me point out that is over 6 percent less. That is a 6
percent cut just from last year, so we are making a difference.
Now, when crafting this bill, I took my direction straight from the
Members of this House, Republican and Democrat. This is a result of
your interests, interests of your constituents included in this in a
bipartisan fashion with a bipartisan vote out of committee.
Now, many tough decisions were made.
Mr. GRAVES of Georgia. Mr. Chairman, now, many tough decisions have
been made across all these bills, but this one as well, with a strong
financial freedom for all Americans. Now, I believe this bill will make
America prosperous again.
So I want to thank Chairman Frelinghuysen, all the subcommittee
chairs, the full committee staff, the minority staff, and ranking
members. This whole team has been great to work with, but it is
important to thank my subcommittee. They have been through a lot of
hard work with me, Mr. Chairman, and they have done a great job working
with me and the many hours of hard work and weekends that they put in.
Mr. Chairman, I strongly urge every Member to support this bill.
Minnesota (Ms. McCollum), ranking member of the Interior, Environment,
and Related Agencies Subcommittee.
(Ms. McCOLLUM asked and was given permission to revise and extend her
remarks.)
Ms. McCOLLUM. Mr. Chair, I would like to just take a brief second and
thank the full committee chair and the full committee ranking member
for their support as we move forward in this progress, and a special
thank you to all the great staff on both sides of the aisle, the
Democratic and Republican staff.
But my very special thanks to Chairman Calvert, and once again, for
his staff and our staff, for their work in an open and collaborative
approach. This committee has a challenging portfolio of issues, and I
commend the chairman's efforts to find solutions in yet another
difficult budget year.
Unfortunately, the fiscal year 2018 Interior, Environment, and
Related Agencies Subcommittee allocation is $824 million less than last
year's enacted level.
This devastating cut to the allocation shortchanges the protection of
our Nation's natural and cultural resources and has real consequences
for American families and communities.
Adequate funding for the Interior, Environment division is critical
at a time when the Trump administration is attacking the science behind
climate change and rolling back regulations that protect the water we
drink and the air we breathe.
We are at a defining moment in history. Our lack of action to combat
climate change now will impact the world we pass on to our children and
grandchildren. We can no longer afford to disregard the overwhelming
scientific evidence that the planet is warming, sea levels are rising,
and glaciers are melting.
We have all seen the destruction inflicted by Hurricane Harvey. As
the waters recede, the Environmental Protection Agency is playing a key
role in keeping Americans safe. Once again, we are reminded of the
importance of agencies like the EPA both during times of crisis and on
a daily basis.
Unfortunately, EPA receives the most significant programmatic cuts to
this division. Slashing the Environmental Protection Agency by $534
million will severely impact the Agency's ability to protect human
health and safety and ensure clean air and clean water for all
The Agency's budget is already $2.2 billion below FY10 levels. It is
irresponsible to cut the EPA even further.
The bill also cuts programs critical to managing public lands and
reduces funding necessary for endangered species listing protection.
The American people expect us to be good stewards of our public lands
and wildlife, but this bill falls short on that commitment.
Despite the bill's shortcomings in environmental protection and
resource conservation, I want to express how proud I am of this
subcommittee's nonpartisan approach to addressing issues facing our
Native American brothers and sisters.
I am pleased that the bill recommends an increase of $108 million
over the fiscal year 2017 enacted level for programs critical to Indian
Country. The health, education, and safety of tribal communities is a
Federal responsibility that our subcommittee takes very seriously. That
is one bright spot in this bill.
Unfortunately, this bill falls far short in too many other areas,
both as a result of our low allocation and as a result of wildfire
suppression costs that are burning a hole in this bill. Since the start
of this year, more than 1.1 million acres have burned. As a result, the
U.S. Forest Service does not have adequate funding in the current
fiscal year to combat these disasters. They will need to borrow funds
from nonfire accounts, making it harder for the Service to conduct
preparedness activities to reduce the severity of wildfires. That is
why every member of the Interior Subcommittee is a cosponsor of
Chairman Simpson's Wildfire Disaster Funding Act.
I am very disappointed that the majority's leadership missed an
opportunity to include those commonsense reforms in this legislation.
That is why I have called for emergency funding for wildfire
suppression activities in the next disaster supplemental.
Finally, in addition to the irresponsible cuts to the EPA and natural
resource programs, I must express my concern and disappointment with
the partisan riders in this bill that pander to special interests at
the expense of the public good. These riders jeopardize protection and
recovery for vulnerable species, restrict protection of our oceans,
undermine clean water and clean air safeguards, and even prevent the
development of renewable energy.
Mr. Chairman, this bill is not sufficient to meet the needs of the
American people. I know that we can do better than this. Congress needs
a bipartisan budget agreement that increases nondefense discretionary
spending levels.
Despite my current opposition, I want to be clear that I will
continue to work with Chairman Calvert through this year's
appropriations process to produce a responsible bill that both parties
can support.
the gentleman from Texas (Mr. Smith), the chairman of the House
Science, Space, and Technology Committee.
Mr. SMITH of Texas. Mr. Chairman, I thank the chairman of the
Appropriations Committee, the gentleman from New Jersey, for yielding
me time.
Mr. Chairman, I am pleased to support H.R. 3354, the Make America
Secure and Prosperous Appropriations Act of 2018, which includes the
Commerce-Justice-Science funding bill that provides appropriations for
many of the programs within the Science, Space, and Technology
Committee's jurisdiction.
Chairman Culberson has worked closely with us on the Science, Space,
and Technology Committee to include responsible, pro-science funding
levels for NASA, the National Science Foundation, NOAA, and the
National Institute of Standards and Technology. His consultation and
cooperation are much appreciated. I thank Chairman Culberson and his
clerk, John Martens, for their leadership in passing this legislation
that sets America on a path to remain the world's leader in innovation.
The appropriations included in this legislation are consistent with
the NASA Transition Authorization Act, the American Innovation and
Competitiveness Act, and the Weather Research and Forecasting
Innovation Act, all three of which were enacted into law earlier this
The CJS bill fully funds the planetary science and exploration
programs at NASA, implements a national interest standard for every NSF
grant, and increases weather research and commercial data use to
improve forecasting to save lives and property, which is especially
timely today.
Later, I will offer an amendment, with Chairman Culberson's support,
to increase basic research in the physical and biological sciences at
the National Science Foundation.
I strongly encourage my colleagues to support this pro-science,
fiscally responsible appropriations bill.
Mrs. LOWEY. Mr. Chairman, I am very pleased to yield 4 minutes to the
gentleman from Illinois (Mr. Quigley), ranking member of the
Subcommittee on Financial Services and General Government.
Mr. QUIGLEY. Mr. Chairman, I thank the ranking member for yielding. I
want to thank Mrs. Lowey and the chairman for their leadership
throughout the appropriations process.
Mr. Chairman, as ranking member of the Financial Services and General
Government Subcommittee, I also thank Chairman Graves, whom I have
gotten to know and work more closely with over the last few months. Our
discussions have been both passionate and
productive, and I thank Chairman Graves for his willingness to
compromise on shared priorities.
Of course, I would like to thank Dena, Kelly, Ariana, Marybeth, and
Brad on the majority staff and our talented staff director, Lisa, on
the minority staff for all of the time and effort they spent working
together to putting the FSGG portion of the bill together. And to my
own staff, Doug, who writes these things and doesn't put his own name
on there, I want to thank him anyway.
Unfortunately, the FSGG portion of the bill before us will make it
more difficult for us to grow small businesses, enforce consumer
protections, and promote good governance. With $1.6 billion in cuts
from fiscal year 2017, many successful and established programs will
suffer.
The Small Business Administration is cut by $39 million, with most
coming from reductions to entrepreneurial programs that assist millions
of small-business owners.
The Community Development Financial Institutions Fund is cut by $58
million, or 28 percent, which means fewer resources to spur economic
growth and revitalize our most underserved and neglected communities.
GSA has zero funds to start new construction and completely rescinds
the money provided in the FY17 omnibus for the new FBI headquarters,
compromising our national security.
And the IRS, which has already lost over a billion dollars in funding
and 18,000 staff over the past 7 years, is further weakened by
additional cuts that weaken the agency's ability to close the tax gap,
catch tax cheats, and provide sufficient services for honest taxpayers.
In addition, the FSGG bill contains a long list of policy riders that
will undermine enforcement of the Affordable Care Act, restrict the
ability for a woman to make personal healthcare decisions, and block
the District of Columbia from using local funds to make local
Furthermore, this bill contains 88 pages of authorizing text to
repeal key provisions of Dodd-Frank and weaken the Consumer Financial
Protection Bureau.
Less than a decade ago, a financial crisis sparked the biggest global
recession since the Great Depression and pushed our economy to the
brink of collapse. No serious person would argue that the status quo,
which almost crippled our economy, was working before the crisis. We
need to make our financial markets safer, more transparent, and more
accountable, and that is exactly what Dodd-Frank did.
Lastly, as I mentioned in my testimony before the Rules Committee, it
is worth mentioning again how disappointed I am that the Rules
Committee decided to unilaterally strip a provision agreed to by the
committee. Congressman Aguilar's language, which passed by voice vote
in the course of committee markup, was adopted according to regular
The provision is straightforward. It simply clarifies that DACA
recipients be eligible for Federal employment. Yet, without any
explanation, this section has disappeared as if it never existed. Given
the administration's shameful decision to rescind the DACA program, I
anticipate that we will rigorously debate this issue over the next
couple days.
Again, while I cannot support this bill, I remain committed to
working with my colleagues on the majority side to strengthen funding
and remove harmful and unnecessary riders.
from Oklahoma (Mr. Cole) for the purpose of three colloquies.
Mr. COLE. Mr. Chairman, I yield to the gentleman from Georgia (Mr.
Collins), my colleague, for the purpose of a colloquy.
Mr. COLLINS of Georgia. Mr. Chairman, I have become increasingly
aware of the problem with hospital-acquired pressure ulcers.
Research shows millions of people suffer from this condition and that
60,000 hospital patients a year die because of this painful ailment.
Eleven percent of those affected are our veterans.
Their suffering is tremendous, and the cost of this condition to our
health system could be as high as $25 billion. However, with proper
commonsense prevention and better management of these infections, the
number of those suffering and the cost of treatment can be greatly
reduced.
I have reached out to CMS about doing a pilot program that promotes
better prevention and management methods, and I have discussed the
problem with innovative Georgia companies. I rise today to make other
Members aware of this issue and ask for your continued support in this
Mr. COLE. I thank the gentleman for raising this issue. Along with
Congressman Woodall and Congresswoman Handel, you have been leaders in
this effort. I appreciate what you are doing and will stay in touch as
progress is made.
Mr. COLLINS of Georgia. As always, the gentleman is gracious, and I
do appreciate it. Mr. Chairman, I will work with the administration.
Mr. COLE. Mr. Chairman, I yield to the gentlewoman from Minnesota
(Ms. McCollum) for the purpose of a colloquy.
Ms. McCOLLUM. Mr. Chairman, thank you for your work on this bill
providing funding to critical programs. I appreciate the opportunity to
speak about the importance of the Community Services Block Grant. This
program funds community action agencies that address poverty and assist
seniors and other vulnerable populations in becoming self-sufficient. I
have seen, in my district, the valuable services these groups provide
helping people find jobs.
Mr. COLE. I thank my colleague from Minnesota for speaking about the
importance of this program in her district. I agree that Community
Services Block Grant provides important services to help people escape
poverty. The program has broad bipartisan support.
As the gentlewoman knows, several challenging decisions have to be
made to meet overall spending priorities and allocation. I take to
heart the concern expressed by the gentlewoman and, as we move forward,
I will work to ensure funding for the Community Services Block Grant
reflects the priority of our Members.
Ms. McCOLLUM. I thank the chairman, my friend, for his response and
commitment to robustly funding the Community Services Block Grant. I
know this program, as I said, helps people across the Nation and brings
great value to the communities it serves.
Mr. COLE. Mr. Chairman, I yield to the gentleman from South Carolina
(Mr. Norman), my colleague, for the purpose of a colloquy.
Mr. NORMAN. Mr. Chairman, thank you for your work on this bill which
provides funding to critical programs within a difficult but fiscally
responsible allocation. I appreciate the opportunity to clarify on the
Record a question I have on funding for the National Emergency Grant
The National Emergency Grant program provides critical job training
and reemployment funding for workers who have lost their jobs as a
result of plant closures or mass layoffs.
Does this bill fully fund the National Emergency Grant program?
Mr. COLE. I thank my colleague from South Carolina for raising this
important question. I agree that the National Emergency Grant program
is an important bipartisan program to train workers and help them find
new careers.
Current year funds for the Dislocated Workers National Reserve are
increased by $109 million and advance appropriations for fiscal year
2019 are eliminated, for a total of $130 million. Within that total,
the National Emergency Grant program is approximately $70 million each
It is expected that, after fully funding the National Emergency
Grants, the Department of Labor will use additional funds from the
Dislocated Workers National Reserve for other authorized purposes, such
as technical assistance and grants to help workers dislocated from the
coal industry find new employment.
So the short answer to the question is, yes, the National Emergency
Grant program is fully funded in this bill.
Mr. NORMAN. I thank the chairman for his response and commitment to
the National Emergency Grant program. I have seen firsthand the
importance of this program in my district, including the recent layoffs
at the VC Summer power plant and throughout the country.
Getting people who are laid off from their jobs back to work as
quickly as possible is critically important for affected communities
and for the economy. I fully support this program and this bill.
Mr. Chair, I urge my colleagues to vote ``yes.''
Mrs. LOWEY. Mr. Chair, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chair, I yield 2 minutes to the gentleman from
California (Mr. Calvert).
Mr. CALVERT. Mr. Chair, I yield to the gentleman from Washington (Mr.
Kilmer) for the purpose of a colloquy.
Mr. KILMER. Mr. Chairman, I would like to thank Chairman Calvert and
Ranking Member McCollum for supporting important policies and programs
protecting the unique landscapes you find in the Pacific Northwest.
Our region values Federal lands, and, likewise, we are proud to host
all branches of the United States military.
People come from all over to hike and travel through our forests and
waterways, and we want to make sure sensitive areas are protected.
The goals of protecting our environment, the economy that relies upon
it, and ensuring the readiness of those serving in uniform are not
mutually exclusive. For the past several years, I have been working
with the Park Service, the Navy, and many other agencies to understand
their missions, concerns, and interests with regard to the impact of
local military jet noise.
At the same time, I have worked to ensure that they can go the extra
mile when it comes to public outreach on their plans. Through this
effort, I have learned that the Park Service and the Navy measure noise
differently. This has led to difficulty in understanding the impact of
the noise on the missions of other agencies, local communities, and
protected lands, such as Olympic National Park. Moreover, it
complicates any basis to examine possible solutions.
In order to support a fact-based conversation regarding the impact of
this noise, I wrote to the Council on Environmental Quality in March
asking that they work with both agencies to find an agreeable method of
measuring and reporting the sound of military aviation.
While I have recently been notified that the CEQ is looking into the
matter, I look to Chairman Calvert for his support to ensure that the
relevant parties cooperate and resolve this issue.
Mr. CALVERT. Mr. Chair, I thank the gentleman for drawing attention
to the issue. It is my hope that we can move forward with the fiscal
year 2018 process, and my colleague and I can continue to work together
with the relevant agencies to address this issue so that his
constituents and others around the Nation can continue to enjoy all
that the Park Service and other Interior lands have to offer without
compromising military readiness.
Mr. KILMER. Mr. Chair, I appreciate Chairman Calvert's willingness to
work with me on this effort. Having grown up on the Olympic Peninsula,
I understand our responsibility to be stewards of the environment and
to make sure that the Navy is a good neighbor.
I look forward to working with the chairman, CEQ, the Park Service,
and the Navy to address this issue.
Mrs. LOWEY. Mr. Chair, I yield 2 minutes to the gentlewoman from
California (Ms. Maxine Waters), the ranking member on the Financial
Services Committee.
Ms. MAXINE WATERS of California. Mr. Chair, I strongly oppose H.R.
3354, a bill that not only fails to make critical investments in our
Nation's future, but also eliminates important protections for everyday
As ranking member of the Financial Services Committee, I am
particularly concerned that H.R. 3354 imposes such severe cuts on the
Department of Housing and Urban Development that it will result in
families losing their housing assistance and putting them at risk for
homelessness.
The bill also takes some of the worst provisions from the
Republican's ``Wrong'' CHOICE Act that would return our economy to the
reckless practices that caused the financial crisis.
One provision takes away the authority of the Consumer Financial
Protection Bureau to stop abusive practices by banks like Wells Fargo,
which ripped off more than 3.5 million of its customers. Another
provision repeals the Labor Department's commonsense rule that protects
seniors from conflicted retirement advice from unscrupulous financial
advisers.
There are so many gifts to Wall Street, one would think Christmas
came early. But it isn't Christmas, Mr. Chair. It is September, and we
are in the middle of hurricane season. Our cities are literally under
water, yet the Republican leadership has done nothing to prevent the
National Flood Insurance Program from expiring at the end of the month.
Republicans have also let us come dangerously close to defaulting on
our debt and the obligations owed to servicemembers, veterans, seniors,
and the most vulnerable among us. Just yesterday, 800,000 young
Democrats were told by our President that their future is in the hands
of a hostile Congress.
We must oppose this bill so we can get to work on what Congress
should really be doing.
from Texas (Mr. Carter).
Mr. CARTER of Texas. Mr. Chairman, I yield to the gentleman from
North Carolina (Mr. Pittenger), my colleague, for the purpose of a
colloquy.
Mr. PITTENGER. Mr. Chairman, earlier today the House passed a
critical $8 billion disaster relief package that is intended to fund
the immediate needs for Federal disaster relief.
Similar to Hurricane Harvey, a year ago, eastern North Carolina was
devastated by Hurricane Matthew. Our State suffered $4.8 billion in
damage, including 98,000 homes and 19,000 businesses. 82,000 people
have made applications to FEMA.
Mr. Chairman, although the package passed by the House this morning
was for Hurricane Harvey relief, can you please explain how it will be
also helpful for Hurricane Matthew victims?
I would like to be able to assure my constituents that Congress will
continue to support their long-term disaster relief needs.
Mr. CARTER of Texas. Mr. Chair, I thank the gentleman for yielding,
and I thank him for bringing up this issue.
Last week, FEMA was forced to restrict obligations for past disasters
to prioritize funding for immediate lifesaving efforts in response to
Hurricane Harvey.
The supplemental funding bill that passed the House this morning will
enable FEMA to lift these restrictions and resume funding for long-term
recovery efforts, such as those in North Carolina and other parts of
our Nation.
Mr. PITTENGER. Mr. Chair, if the gentleman will continue to yield, as
we consider the great plight in Texas of Hurricane Harvey, I also want
to offer my sincere thanks for the outpouring of support that my State
continues to receive, that they need after the devastation of Hurricane
Mr. Chair, I want to thank Chairman Frelinghuysen, who has offered my
State great support, and Chairman Carter.
from Alabama (Mr. Aderholt).
Mr. ADERHOLT. Mr. Chairman, I yield to the gentleman from Iowa (Mr.
Young) for the purpose of a colloquy.
Mr. YOUNG of Iowa. Mr. Chairman, I rise today to express my support
for REAP, the Rural Energy for America Program; the Biomass Crop
Assistance Program; the Biorefinery Assistance Program as well; and for
improving the changes in mandatory spending for these energy programs
when this bill is conferenced with the Senate.
These programs are very important to my State, other States as well.
They have been used to help farmers reduce their overall operating
costs and make their farming businesses more competitive. These
programs have also enabled rural businesses to obtain financing
assistance, ensuring rural Iowa has similar opportunities to thrive and
develop.
Now, I know that we have budget constraints, we are facing them, and
I know the chairman had to make some tough decisions. I believe he took
a very thoughtful approach to the overall agriculture appropriations
bill, and I am very thankful to be on that subcommittee.
During the full committee markup, I was pleased that the subcommittee
chairman committed to working with me to find alternative offsets to
reduce these spending changes.
Mr. Chair, I appreciate Chairman Aderholt's attention, and I
appreciate Chairman Frelinghuysen's attention to this matter, too.
Mr. ADERHOLT. Mr. Chairman, I am very sympathetic to the gentleman
from Iowa's concerns regarding the reduction in the bill's mandatory
energy programs in the farm bill, in particular, the Rural Energy for
America Program.
The gentleman from Iowa is indeed a valued member of our
subcommittee, and he was very instrumental in developing many parts of
the overall bill, and I appreciate his input greatly.
A number of factors went into our decision for which programs to
reduce in order to achieve the $1.1 billion reduction in the bill's
funding level over this last year.
As I did mention, as he noted, in our full committee markup, I
committed to working with the gentleman from Iowa to see where we could
find alternative offsets, and we will continue to do that as we move
forward. So I thank the gentleman for bringing this to our attention
again here on the floor of the House.
from Florida (Mr. Yoho).
Mr. YOHO. Mr. Chairman, I thank Chairman Frelinghuysen for the work
he has done with the Appropriations Committee.
Mr. Chair, I rise to speak about two important sections of the
funding bill: the Agriculture and the State, Foreign Operations
Appropriations bill.
I am pleased to support the committee's work in addressing several
crucial issues facing America's agricultural community.
I commend the committee for encouraging expansion of the foot and
mouth disease vaccine supply through the Animal and Plant Health
Inspection Service at the USDA.
I am also pleased to support the committee's recognition for the
critical contributions the National Animal Health Laboratory Network
makes in responding to emergency threats to American Agriculture,
funding the National Veterinary Stockpile, and for supporting pest
management and disease research.
I also want to recognize the committee's support for citrus greening
research and response, which is vital to the State of Florida's
economy. This vital program we are supporting today will provide
valuable protection for our agricultural system from pests and disease,
and will encourage innovative solutions to agricultural issues to the
In regards to the State and Foreign Operations Appropriations budget,
I want to first thank the committee for including language that will
make the international broadcasting funds available at levels no lower
than the previous year. This will ensure the administration has the
ability to increase the transmissions of information into North Korea,
which is critical for eroding support for Kim Jong-un's brutal regime,
breaking the dictator's stronghold on information.
Finally, I want to mention foreign assistance and development. Today,
America is confronting unprecedented instability and growing
humanitarian crises around the world, all of which have a direct impact
on our national security and economic interests at home.
The U.S. Government must use each and every dollar more efficiently
and effectively. This appropriations bill takes important steps in
making it more effective. This investment in foreign aid can yield
great returns and can help increase trade, trade that is vital not only
to my State of Florida, where it supports over 2.5 million jobs, but to
the entire United States.
Eleven of the 15 largest importers of U.S. goods and services are
countries that graduated from U.S. foreign assistance, and 12 of the 15
fastest growing markets for U.S. exports are former recipients of our
aid.
The State Department and U.S. development agencies work to advance
America's economic interests by promoting exports that today make up
almost 13 percent of America's $18 trillion economy and supports about
one in five American jobs.
We must look to cut the duplicative and ineffective programs while
empowering the parts of our foreign assistance that work to become even
more effective.
Mr. FRELINGHUYSEN. Mr. Chairman, how much time is remaining on each
side? I am prepared to yield back, if the gentlewoman is prepared.
The ACTING CHAIR (Mr. Bishop of Utah). The gentleman from New Jersey
has 8\1/2\ minutes remaining. The gentlewoman from New York has 8
minutes remaining.
Mrs. LOWEY. Mr. Chair, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield back the balance of my time.
Mr. AMODEI. Mr. Chair, I appreciate the opportunity to engage in a
colloquy with you on an important issue related to the Consumer
Financial Protection Bureau.
This Congress should act swiftly and establish a five-member,
bipartisan commission at the CFPB. A commission structure will bring
much needed certainty and stability to consumers and small businesses
who are the most deeply impacted by regulation that reduces access to
banking products and drives up costs.
According to FDIC data, financial institutions of all sizes provide
more than $4 trillion in consumer loans to help America's consumers
achieve their dreams of purchasing a car, buying their first home, or
even providing an education for their children. Financial institutions
also provide more than $600 billion in small business loans to help
entrepreneurs start or grow their businesses and create jobs. The
ability of banks and credit unions to continue to serve their
communities by providing access to credit is critical to making these
dreams a reality. Therefore, it is important that the agencies that
regulate our nation's depository institutions are stable, transparent,
and provide long term certainty.
A five-member, bipartisan commission at the CFPB will help achieve
just that. Right now, a sole director at the CFPB over politicizes what
should be an impartial regulatory body. With every new Director there
could be a dramatic regulatory whipsaw effect. This volatility will
leave financial institutions limited in their ability to properly serve
customers because of an inability to plan for the long-term.
Protecting consumers and increasing access to well-regulated
financial products should be a top priority of the CFPB. A bipartisan
board will ensure consumers best interests are always first by
increasing transparency and stability in the rulemaking process and
allowing for more robust debate with many different viewpoints
On multiple occasions, the House of Representatives has passed
legislation to create a bipartisan commission, and most importantly,
the American people have made clear that they believe a bipartisan
commission is a better form of leadership at the CFPB. In fact, a
recent Morning Consult poll showed that registered voters support a
bipartisan commission at the CFPB by a 3 to 1 margin, and that just 14
percent of voters believe the CFPB structure should be left the way it
is now.
Congress must implement structural changes at the CFPB. The future of
consumer and small business lending is too vital to have uncertainty at
the Bureau.
Mr. Chairman, do you agree that the regulatory agencies that oversee
banks and credit unions should take into account the impact to all
stakeholders and bring certainty to the regulatory framework?
Will you commit to working with me to depoliticize the CFPB once and
for all, and bring a stable form of leadership to the Bureau that is in
keeping with most other financial service regulators?
Mr. GRAVES. Mr. Chair, I appreciate the gentleman's comments and all
the ideas of others with regard to this out of control agency and I
share his passion for bringing the CFPB under Appropriations oversight
as soon as possible. This is one idea of many, and I look forward to
working with the gentleman from Nevada and others in the near future as
we work to protect consumers from this rogue agency in some form or
Mr. VISCLOSKY. Mr. Chair, I would like to extend my gratitude to
Chairman Frelinghuysen, Ranking Member Lowey, Chairman Diaz-Balart,
Ranking Member Price, and all of the staff for their hard work in
crafting the transportation portion of this bill. It is an extremely
difficult year to be tasked with funding the federal government, and I
understand that tough decisions had to be made.
I am pleased that in comparison to the President's budget, this bill
includes a $500 million increase for the Capital Investment Grant (CIG)
throughout the nation. While this funding increase is encouraging, it
is my hope that a higher number
can be agreed upon in conference. The Senate Appropriations Committee
has approved a funding level of $2.1 billion, and I strongly believe
that the Chairs and Ranking Members have demonstrated a commitment to
providing robust funding for transportation investments to grow jobs
and our economy.
I also am particularly grateful for the inclusion of report language
that protects the pipeline for CIG projects, and that the Senate
Appropriations Committee has also approved similar language. I was
alarmed that the President's budget sought to eliminate funding for
projects that had not yet received Full Funding Grant Agreements. 23
states currently have CIG projects and this language would undermine
the millions of dollars and years' worth of human capital they have
invested. This language is a responsible step that provides much needed
certainty to communities and shows the President that Congress is
committed to keeping its word to localities that were promised matching
federal funds.
Funding CIG projects is an investment in national economic
development. These projects connect people in our communities to
educational and job opportunities and allow businesses to grow and
thrive. It is absolutely critical that we prioritize these investments
in transportation infrastructure.
Mrs. NAPOLITANO. Mr. Chair I rise in strong opposition to H.R. 3354--
``Make America Secure and Prosperous Appropriations Act, 2018''. I am
particularly concerned with Section 134 of Division H which prohibits
states from setting meal break, rest break, and wage standards to
protect truck drivers.
On July 9, 2014, the Ninth U.S. Circuit Court of Appeals ruled that
trucking operators in California must abide by California labor law and
allow for a 30-minute meal break after 5 hours of work and a 10-minute
rest break after 4 hours of work. This meal and rest break standard is
very reasonable when you consider that truck drivers can be subject to
14 hours of on-duty time. Section 134 overturns the Circuit Court's
decision and prohibits California from addressing truck driving safety
with these regulations.
Section 134 goes further than just overturning California's laws, it
also preempts laws in 21 states and territories that guarantee meal and
rest breaks. These states include Colorado, Connecticut, Delaware,
Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada,
New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee,
Vermont, Washington, West Virginia, Guam, and Puerto Rico States should
be allowed to set meal and rest break standards as they see fit for the
health and safety of their workers.
Section 134 is additionally harmful because it attacks the wages of
truck drivers. Section 134 allows trucking companies to pay truck
drivers on a per load basis even if their routes are delayed for no
fault of their own. This is a major problem is Southern California
where truck drivers are delayed by overcrowding at the ports, by
traffic on our freeways, and by delays at warehouses. A truck driver in
Southern California can set out to haul 5 loads per day but only end up
hauling 2 loads. California sets standards to make sure that truck
drivers make at least the minimum wage and are paid for sick time.
Section 134 would overturn state based wage laws and allow trucking
companies to pay drivers less than the minimum wage.
Section 134 should have no place in this appropriations bill because
this is a legislative rider in the jurisdiction of the Transportation
and Infrastructure Committee. The Transportation Committee debated this
provision during consideration of the Fast Act and it was wisely
rejected by the FAST Act Conference Committee.
Mr. Chair, Section 134 is opposed by the State of California, the
Teamsters, truck safety groups, and the Owner-Operated Independent
Truck Drivers which represent over 90 percent of the companies in the
trucking industry.
Mr. Chair, I strongly oppose section 134 and urge my colleagues to
vote against this bill.
The ACTING CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
An amendment in the nature of a substitute consisting of the text of
Rules Committee Print 115-31, modified by Rules Committee Print 115-32
and the amendment printed in part A of House Report 115-295, shall be
considered as adopted, and the bill, as amended, shall be considered as
an original bill for the purpose of further amendment under the 5-
minute rule and shall be considered as read.
The text of the bill, as amended, is as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
This Act may be cited as the ``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''.
SEC. 2. ADDITIONAL REFERENCE.
This Act may also be referred to as the ``Make America
Secure and Prosperous Appropriations Act, 2018''.
DIVISION A--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2018, and for other
purposes, namely:
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,074,503,000, to remain available until expended,
including all such amounts as are collected from permit
processing fees, as authorized but made subject to future
appropriation by section 35(d)(3)(A)(i) of the Mineral
Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses
associated with the processing of oil and gas applications
for permits to drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year
2018, so as to result in a final appropriation estimated at
not more than $1,074,503,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
(including rescission of funds)
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $12,800,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
Of the unobligated balances available for this account from
prior appropriations, $1,769,000 are permanently rescinded.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $104,256,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.),
and under section 28 of the Mineral Leasing Act (30 U.S.C.
185), to remain available
until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be
received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate for
refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the
Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may
be used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act (43 U.S.C. 1721(b)), to remain available until
expended.
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements
with public and private entities, including with States.
Appropriations for the Bureau shall be available for
purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards: Provided further, That projects
to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in
support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be
available for the sale of wild horses and burros that results
in their destruction for processing into commercial products,
including for human consumption.
United States Fish and Wildlife Service
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,247,109,000 to remain available until September
30, 2019: Provided, That not to exceed $17,122,000 shall be
used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)); of which not to exceed
$3,270,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection
(a)(3), excluding litigation support, for species listed
pursuant to subsection (a)(1) prior to October 1, 2015; of
which not to exceed $1,498,000 shall be used for any activity
regarding petitions to list species that are indigenous to
the United States pursuant to subsections (b)(3)(A) and
(b)(3)(B); and, of which not to exceed $501,000 shall be used
for implementing subsections (a), (b), (c), and (e) of
1533) for species that are not indigenous to the United
States.
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fish and wildlife resources, and the acquisition of lands and
interests therein; $16,540,000, to remain available until
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
United States Fish and Wildlife Service, $40,641,000, to be
derived from the Land and Water Conservation Fund and to
remain available until expended, of which, notwithstanding
section 200306 of title 54, United States Code, not more than
$10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004,
including not to exceed $320,000 for administrative expenses:
Provided, That none of the funds appropriated for specific
land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $53,495,000,
to remain available until expended, of which $22,695,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund; and of which $30,800,000 is to be derived
from the Land and Water Conservation Fund.
appropriations made for fiscal years prior to fiscal year
2013, $3,000,000 are permanently rescinded.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $38,145,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$3,900,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $11,061,000, to remain available
until expended.
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $62,571,000, to remain
available until expended: Provided, That of the amount
provided herein, $4,209,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$6,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the
regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$10,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2018 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2019, shall be reapportioned, together with funds
appropriated in 2020, in the manner provided herein.
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title, and which are used pursuant to law in
connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of
printing either in cash or services and the Service
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C.
3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be
available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot
type or coating applications and revising regulations as
necessary, and shall remain available until expended.
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of
the National Park Service, $2,410,031,000, of which
$10,032,000 for planning and interagency coordination in
support of Everglades restoration and $124,461,000 for
maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30,
2019: Provided, That funds appropriated under this heading in
this Act are available for the purposes of section 5 of
Public Law 95-348.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise
provided for, $59,629,000.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (division A of subtitle III of
title 54, United States Code), $75,410,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2019, of which $5,000,000 shall be for
Save America's Treasures grants for preservation of national
significant sites, structures, and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of
2009 (54 U.S.C. 3089): Provided, That an individual Save
America's Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only
be eligible for one grant: Provided further, That all
projects to be funded shall be approved by the Secretary of
the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the
funds provided for the Historic Preservation Fund, $500,000
is for competitive grants for the survey and nomination of
properties to the National Register of Historic Places and as
National Historic Landmarks associated with communities
currently underrepresented, as determined by the Secretary,
$10,500,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, and $3,000,000 is
for grants to Historically Black Colleges and Universities:
Provided further, That such competitive grants shall be made
without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code to States and
Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including
Certified Local Governments, and nonprofit organizations.
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$219,844,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2018 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made
available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National
Park Service Construction appropriation: Provided further,
That the Secretary of the Interior shall consult with the
Committees on Appropriations, in accordance with current
reprogramming thresholds, prior to making any charges
authorized by this section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2018 by
section 200308 of title 54, United States Code, is rescinded.
land acquisition and state assistance
and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to the
National Park Service, $120,575,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $79,006,000 is for the State
assistance program and of which $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized
by chapter 3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of
section 101701 of title 54, United States Code, relating to
challenge cost share agreements, $15,000,000, to remain
available until expended, for Centennial Challenge projects
and programs: Provided, That not less than 50 percent of the
total cost of each project or program shall be derived from
non-Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed
the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to
the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefitting unit,
in the amount of funds so expended to extinguish or reduce
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under section 204 of
title 23, United States Code. Transfers may include a
reasonable amount for FHWA administrative support costs.
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,038,922,000, to
remain available until September 30, 2019; of which
$70,933,913 shall remain available until expended for
satellite operations; and of which $7,266,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for water resources and
natural hazards activities through permits and licenses;
expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses
of persons employed by the Survey duly appointed to represent
the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the
use of contracts, grants, or cooperative agreements as
defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey
may enter into contracts or cooperative agreements directly
with individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 6101, for the
temporary or intermittent services of students or recent
graduates, who shall be considered employees for the purpose
of chapters 57 and 81 of title 5, United States Code,
relating to compensation for travel and work injuries, and
chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees
for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements,
rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto,
as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements,
$171,000,000,
of which $114,166,000 is to remain available until September
30, 2019, and of which $56,834,000 is to remain available
until expended: Provided, That this total appropriation shall
be reduced by amounts collected by the Secretary and credited
to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5,
1993, and from cost recovery fees from activities conducted
by the Bureau of Ocean Energy Management pursuant to the
Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2018 appropriation estimated at not more than
$114,166,000: Provided further, That not to exceed $3,000
shall be available for reasonable expenses related to
promoting volunteer beach and marine cleanup activities.
Of the unobligated balances available for this account,
$25,000,000 are permanently rescinded.
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements
for use for oil and gas, other minerals, energy, and marine-
related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and
regulations as authorized by law and to the extent provided
by Presidential or Secretarial delegation; and for matching
grants or cooperative agreements, $136,411,000, of which
$108,540,000 is to remain available until September 30, 2019,
and of which $27,871,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Safety and Environmental Enforcement pursuant to
the Outer Continental Shelf Lands Act, including studies,
$108,540,000.
For an additional amount, $50,000,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in
fiscal year 2018, as provided in this Act: Provided, That to
the extent that amounts realized from such inspection fees
exceed $50,000,000, the amounts realized in excess of
$50,000,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2018, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $12,700,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, $113,790,000, to remain available until September
30, 2019: Provided, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain
available until expended: Provided, That fees assessed and
collected by the Office pursuant to such section 507 shall be
credited to this account as discretionary offsetting
collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2018
appropriation estimated at not more than $113,790,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$24,672,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
In addition, $75,000,000, to remain available until
expended, for grants to States for reclamation of abandoned
mine lands and other related activities in accordance with
the terms and conditions in the report accompanying this Act:
Provided, That such additional amount shall be used for
economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided
further, That such additional amount shall be distributed in
equal amounts to the 3 Appalachian States with the greatest
amount of unfunded needs to meet the priorities described in
paragraphs (1) and (2) of such section: Provided further,
That such additional amount shall be allocated to States
within 60 days after the date of enactment of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5301 et seq.), the Education Amendments of 1978 (25 U.S.C.
2001-2019), and the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.), $2,362,211,000, to remain available
until September 30, 2019, except as otherwise provided
herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$74,650,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of
federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $662,570,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2018, and shall
remain available until September 30, 2019: Provided further,
That not to exceed $50,991,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed
$80,168,000 within and only from such amounts made available
for school operations shall be available for administrative
cost grants associated with grants approved prior to July 1,
2018: Provided further, That any forestry funds allocated to
a federally recognized tribe which remain unobligated as of
September 30, 2019, may be transferred during fiscal year
2020 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the
holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2020: Provided further, That in order to
enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles
of clothing for personnel: Provided further, That the Bureau
of Indian Affairs may accept transfers of funds from U.S.
Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads on the Tohono
O'odham Nation.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Bureau of Indian Affairs for fiscal year 2018, such sums
as may be necessary, which shall be available for obligation
through September 30, 2019: Provided, That notwithstanding
any other provision of law, no amounts made available under
this heading shall be available for transfer to another
budget account.
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483; $202,213,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to the Act
of November 2, 1921 (25 U.S.C. 13), shall be made available
on a nonreimbursable
basis: Provided further, That for fiscal year 2018, in
implementing new construction, replacement facilities
construction, or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant
schools under Public Law 100-297, the Secretary of the
Interior shall use the Administrative and Audit Requirements
and Cost Principles for Assistance Programs contained in part
12 of title 43, Code of Federal Regulations, as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of title 43, Code of
Federal Regulations; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering grant
applications, the Secretary shall consider whether such
grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes
and Federal, tribal, or State health and safety standards as
required by section 1125(b) of Public Law 95-561 (25 U.S.C.
2005(b)), with respect to organizational and financial
management capabilities: Provided further, That if the
Secretary declines a grant application, the Secretary shall
follow the requirements contained in section 5205(f) of
Public Law 100-296 (25 U.S.C. 2504(f)): Provided further,
That any disputes between the Secretary and any grantee
concerning a grant shall be subject to the disputes provision
in section 2508 of Public Law 100-297 (25 U.S.C. 2507(e)):
Provided further, That in order to ensure timely completion
of construction projects, the Secretary may assume control of
a project and all funds related to the project, if, within 18
months of the date of enactment of this Act, any grantee
receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the
project and commenced construction: Provided further, That
this appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 111-11,
111-291, and 114-322, and for implementation of other land
and water rights settlements, $55,457,000, to remain
available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$9,272,000, of which $1,252,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed or insured, not to
exceed $123,565,389.
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the
Bureau of Indian Affairs may contract for services in support
of the management, operation, and maintenance of the Power
Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices,
and facilities operations and maintenance) shall be available
for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools
under 25 U.S.C. 452 et seq., shall be available to support
the operation of any elementary or secondary school in the
State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
when the Secretary determines such waiver is needed to
support accomplishment of the mission of the Bureau of Indian
Education. Appropriations made available in this or any prior
Act for schools funded by the Bureau shall be available, in
accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996,
and to any school or school program that was reinstated in
fiscal year 2012. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive
this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-
public schools located within the jurisdictional area of the
tribal government which exclusively serve tribal members, do
not include grades beyond those currently served at the
existing Bureau-funded school, provide an educational
environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and
demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs,
such as for transportation or other impacts to students such
as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used
to fund operations, maintenance, rehabilitation, construction
or other facilities-related costs for such assets that are
not owned by the Bureau: Provided further, That the term
``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50
miles but that forms part of the existing school in all other
respects.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $122,940,000, to remain available until
September 30, 2019; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of
Mines; and of which $9,000,000 for the Office of Valuation
Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended.
For fiscal year 2018, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $90,930,000, of which: (1) $81,500,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by subsection (c) of the Act of
February 20, 1929 (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands, as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands, as authorized by Public Law 94-241
(90 Stat. 272); and (2) $9,430,000 shall be available until
September 30, 2019, for salaries and expenses of the Office
of Insular Affairs: Provided, That all financial transactions
of the territorial and local governments herein provided for,
including such transactions of all
agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability
Office, at its discretion, in accordance with chapter 35 of
title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided
according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance
for the Northern Mariana Islands approved by Public Law 104-
134: Provided further, That the funds for the program of
operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance
improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the
Secretary based on the grantee's commitment to timely
maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in
this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,300,000, to remain
available until expended, as provided for in sections
221(a)(2) and 233 of the Compact of Free Association for the
Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the
Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188.
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the
population of the area, credit elsewhere requirements, and
restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$65,675,000.
For necessary expenses of the Office of Inspector General,
Office of the Special Trustee for American Indians
federal trust programs
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $119,400,000, to remain available until expended, of
which not to exceed $18,990,000 from this or any other Act,
may be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs and Bureau of Indian Education,
``Operation of Indian Programs'' account; the Office of the
Solicitor,``Salaries and Expenses'' account; and the Office
of the Secretary, ``Departmental Operations'' account:
Provided further, That funds made available through contracts
or grants obligated during fiscal year 2018, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be
required to provide a quarterly statement of performance for
any Indian trust account that has not had activity for at
least 15 months and has a balance of $15 or less: Provided
further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and
shall permit the balance in each such account to be withdrawn
upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for
the Secretary to make payments to correct administrative
errors of either disbursements from or deposits to Individual
Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for
this purpose: Provided further, That the Secretary shall not
be required to reconcile Special Deposit Accounts with a
balance of less than $500 unless the Office of the Special
Trustee receives proof of ownership from a Special Deposit
Accounts claimant: Provided further, That notwithstanding
section 102 of the American Indian Trust Fund Management
Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust
accounts of individuals whose whereabouts are unknown for a
continuous period of at least five years and shall not be
required to generate periodic statements of performance for
the individual accounts: Provided further, That with respect
to the eighth proviso, the Secretary shall continue to
maintain sufficient records to determine the balance of the
individual accounts, including any accrued interest and
income, and such funds shall remain available to the
individual account holders.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $935,850,000,
to remain available until expended, of which not to exceed
$8,212,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That of the funds provided
$182,500,000 is for fuels management activities: Provided
further, That of the funds provided $19,948,000 is for burned
area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That the
costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared,
as mutually agreed on by the affected parties: Provided
further, That notwithstanding requirements of the Competition
in Contracting Act, the Secretary, for purposes of fuels
management activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or
cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to
field units to ensure accountability and consistent
application of the authorities provided herein: Provided
further, That funds appropriated under this heading may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided
further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property
with local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on
such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for
any such lease or for construction activity associated with
the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $50,000,000, between the
Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided
further, That funds provided for wildfire suppression shall
be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of
State, shall be available to support forestry, wildland fire
management, and related natural resource activities outside
the United States and its territories and possessions,
including technical assistance, education and training, and
cooperation with United States and international
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to
remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et
seq.), the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.), and 54 U.S.C. 100721 et seq., $7,568,000, to remain
working capital fund
For the operation and maintenance of a departmental
financial and business management system, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $65,388,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate:Provided further,
That the Secretary may assess reasonable charges to State,
local and tribal government employees for training services
provided by the National Indian Program Training Center,
other than training related to Public Law 93-638: Provided
further, That the Secretary may lease or otherwise provide
space and related facilities, equipment or professional
services of the National Indian Program Training Center to
State, local and tribal government employees or persons or
organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of
title 40, United States Code) at the prevailing rate for
similar space, facilities, equipment, or services in the
vicinity of the National Indian Program Training Center:
Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall
be available until expended, and shall be used by the
Secretary for necessary expenses of the National Indian
Program Training Center: Provided further, That the Secretary
may enter into grants and cooperative agreements to support
the Office of Natural Resource Revenue's collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement
aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
proceeds, and for grants and cooperative agreements, as
September 30, 2019; of which $41,727,000 shall remain
available until expended for the purpose of mineral revenue
management activities: Provided, That notwithstanding any
other provision of law, $15,000 shall be available for
refunds of overpayments in connection with certain Indian
leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.
payments in lieu of taxes
For necessary expenses for payments authorized by chapter
69 of title 31, United States Code, $465,000,000 shall be
available for fiscal year 2018.
General Provisions, Department of the Interior
emergency transfer authority--intra-bureau
Sec. 101.  Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible.
emergency transfer authority--department-wide
Sec. 102.  The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands
under the jurisdiction of the Secretary, pursuant to the
authority in section 417(b) of Public Law 106-224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section
410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, with
such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire suppression''
shall be exhausted within 30 days: Provided further, That all
funds used pursuant to this section must be replenished by a
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103.  Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code,
when authorized by the Secretary, in total amount not to
exceed $500,000; purchase and replacement of motor vehicles,
including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104.  Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105.  Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2018. Under circumstances of dual enrollment,
methodologies, the 10 percent limitation does not apply.
ellis, governors, and liberty islands
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2018, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2018 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2018. Fees for fiscal
year 2018 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within
30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
Sec. 108.  The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation
and Enforcement, may transfer funds among and between the
successor offices and bureaus affected by the reorganization
only in conformance with the reprogramming guidelines
described in the report accompanying this Act.
contracts and agreements for wild horse and burro holding facilities
Sec. 109.  Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 3903 of title
41, United States Code (except that the 5-year term
restriction in subsection (a) shall not apply), for the long-
term care and maintenance of excess wild free roaming horses
and burros by such organizations or entities on private land.
Such cooperative agreements and contracts may not exceed 10
years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110.  The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
exhaustion of administrative review
Sec. 111.  Paragraph (1) of section 122(a) of division E of
Public Law 112-74 (125 Stat. 1013) is amended by striking
``fiscal years 2012 through 2020,'' in the first sentence and
inserting ``fiscal year 2012 and each fiscal year
thereafter,''.
contracts and agreements with indian affairs
Sec. 112.  Notwithstanding any other provision of law,
during fiscal year 2018, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such
entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
sage-grouse
Sec. 113.  None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
write or issue pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
humane transfer of excess animals
Secretary of the Interior may transfer excess wild horses or
burros that have been removed from the public lands to other
Federal, State, and local government agencies for use as work
animals: Provided, That the Secretary may make any such
transfer immediately upon request of such Federal, State, or
local government agency: Provided further, That any excess
animal transferred under this provision shall lose its status
as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That
any Federal, State, or local government agency receiving
excess wild horses or burros as authorized in this section
shall not: destroy the horses or burros in a way that results
in their destruction into commercial products; sell or
otherwise transfer the horses or burros in a way that results
in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the
recommendation of a licensed veterinarian, in cases of severe
injury, illness, or advanced age.
prohibition on use of funds for certain historic designation
Sec. 115.  None of the funds made available by this Act may
be used to make a determination of eligibility or to list the
Trestles Historic District, San Diego County, California, on
the National Register of Historic Places.
reissuance of final rules
Sec. 116.  Before the end of the 60-day period beginning on
the date of the enactment of this Act, the Secretary of the
Interior shall reissue the final rule published on December
28, 2011 (76 Fed. Reg. 81666 et seq.) and the final rule
published on September 10, 2012 (77 Fed. Reg. 55530 et seq.),
without regard to any other provision of statute or
regulation that applies to issuance of such rules. Such
reissuances (including this section) shall not be subject to
judicial review.
gray wolves range-wide
be used by the Secretary of the Interior 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 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; and other
operating expenses in support of research and development,
$629,238,000, to remain available until September 30, 2019:
Provided, That of the funds included under this heading,
$4,100,000 shall be for Research: National Priorities as
specified in the report accompanying this Act: Provided
further, That of the unobligated balances from appropriations
made available under this heading, $27,000,000 are
permanently rescinded.
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; and not to exceed $19,000 for
official reception and representation expenses,
$2,398,840,000, to remain available until September 30, 2019:
Provided, That of the amounts provided under this heading,
the Chemical Risk Review and Reduction program project shall
be allocated for this fiscal year, excluding the amount of
any fees made available, not less than the amount of
appropriations for that program project for fiscal year 2014:
Provided further, That of the funds included under this
heading, $12,700,000 shall be for Environmental Protection:
National Priorities as specified in the report accompanying
this Act: Provided further, That of the funds included under
this heading, $402,000,000 shall be for Geographic Programs
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the
Solid Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by
such section, $3,674,000, to remain available until September
30, 2020: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections under
such section 3024 are received during fiscal year 2018, which
shall remain available until expended and be used for
necessary expenses in this appropriation, so as to result in
a final fiscal year 2018 appropriation from the general fund
estimated at not more than $0: Provided further, That to the
extent such offsetting collections received in fiscal year
2018 exceed $3,674,000, those excess amounts shall remain
available until expended and be used for necessary expenses
in this appropriation.
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $40,000,000, to remain available until September 30,
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$39,553,000, to remain available until expended.
Hazardous Substance Superfund
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611) $1,116,374,000, to remain
available until expended, consisting of such sums as are
available in the Trust Fund on September 30, 2017, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,116,374,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with
section 111(a) of CERCLA: Provided further, That of the funds
appropriated under this heading, $7,778,000 shall be paid to
the ``Office of Inspector General'' appropriation to remain
available until September 30, 2019, and $15,496,000 shall be
paid to the ``Science and Technology'' appropriation to
remain available until September 30, 2019.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, $91,874,000, to remain
available until expended, of which $66,505,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That
the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage
tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,047,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,288,161,000, to remain
available until expended, of which--
(1) $1,143,887,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title
VI of the Federal Water Pollution Control Act; and of which
$863,233,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal
year 2017, funds made available under this title to each
State for Clean Water State Revolving Fund capitalization
grants and for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each State,
be used for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water pollution
control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2018 and
prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or
were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2018, notwithstanding
the provisions of subsections (g)(1), (h), and (l) of section
201 of the Federal Water Pollution Control Act, grants made
under title II of such Act for American Samoa, Guam, the
commonwealth of the Northern Marianas, the United States
Virgin Islands, and the District of Columbia may also be made
for the purpose of providing assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
the provisions of such subsections (g)(1), (h), and (l) of
section 201 and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for
any provision of the Federal Water Pollution Control Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year 2018, funds reserved
under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section 518(h) of
such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native
Villages as defined in Public Law 92-203: Provided further,
That for fiscal year 2018, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i)
of the Safe Drinking Water Act, up to a total of 2 percent of
the funds appropriated, or $20,000,000, whichever is greater,
for State Revolving Funds under such Acts may be reserved by
the Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2018, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2018,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water
State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State
Revolving Fund capitalization grants and 20 percent of the
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible
recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act;
(2) $10,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
(3) $90,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided further,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more 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;
(4) $75,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(5) $40,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the report
accompanying this Act; and
(6) $1,066,041,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying
out section 128 of CERCLA; $9,646,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,498,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available for
grants under section 106 of the Federal Water Pollution
Control Act shall be for State participation in national- and
State-level statistical surveys of water resources and
enhancements to State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $25,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations
for the principal amount of direct loans, including
capitalized interest, and total loan principal, including
capitalized interest, any part of which is to be guaranteed,
not to exceed $3,049,000,000.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this
account, to remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act
of 2014, $5,000,000, to remain available until September 30,
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2018, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 112-177, the Pesticide Registration Improvement
Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2018.
Notwithstanding any other provision of law, in addition to
the activities specified in section 33 of the Federal
136w-8), fees collected in this and prior fiscal years under
such section shall be available for the following activities
as they relate to pesticide licensing: processing and review
of data submitted in association with a registration,
information submitted pursuant to section 6(a)(2) of FIFRA,
supplemental distributor labels, transfers of registrations
and data compensation rights, additional uses registered by
States under section 24(c) of FIFRA, data compensation
petitions, review of minor amendments, and notifications;
laboratory support and audits; administrative support;
development of policy and guidance; rulemaking support;
information collection activities; and the portions of
salaries related to work in these areas.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
authorized to collect and obligate fees in accordance with
section 26(b) of the Toxic Substances Control Act (15 U.S.C.
2625(b)) for fiscal year 2018.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000
per project.
For fiscal year 2018, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
Of the unobligated balances available for the ``State and
Tribal Assistance Grants'' account, $60,000,000 are
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $1,500,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $278,368,000, to remain available through
September 30, 2021: Provided, That of the funds provided,
$75,037,000 is for the forest inventory and analysis program.
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management and
conducting an international program as authorized,
$198,710,000, to remain available through September 30, 2021,
as authorized by law; of which $36,184,000 is to be derived
from the Land and Water Conservation Fund to be used for the
Forest Legacy Program, to remain available until expended.
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands as authorized
by law, $1,885,827,000, to remain available through September
30, 2021: Provided, That of the funds provided, $370,305,000
shall be for forest products: Provided further, That of the
funds provided, $392,500,000 shall be for hazardous fuels
management activities, of which not to exceed $15,000,000 may
be used to make grants, using any authorities available to
the Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands:
Provided further, That of the funds provided, up to
$15,000,000 may be used by the Secretary of Agriculture to
enter into procurement contracts or cooperative agreements or
to issue grants for hazardous fuels management activities,
and for training or monitoring associated with such hazardous
fuels management activities on Federal land, or on non-
Federal land if the Secretary determines such activities
benefit resources on Federal land. Provided further, That
notwithstanding section 33 of the Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1012), the Secretary of Agriculture, in
calculating a fee for grazing on a National Grassland, may
provide a credit of up to 50 percent of the calculated fee to
a Grazing Association or direct permittee for a conservation
practice approved by the Secretary in advance of the fiscal
year in which the cost of the conservation practice is
incurred. And, that the amount credited shall remain
available to the Grazing Association or the direct permittee,
as appropriate, in the fiscal year in which the credit is
made and each fiscal year thereafter for use on the project
for conservation practices approved by the Secretary.
In addition, $4,500,000, to remain available through
September 30, 2021, from communication site rental fees
established by the Forest Service for the cost of
administering communication site activities.
capital improvement and maintenance
provided for, $354,733,000, to remain available through
September 30, 2021, for construction, capital improvement,
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That funds becoming available
in fiscal year 2018 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury
and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated.
chapter 2003 of title 54, United States Code, including
administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $25,000,000, to
be derived from the Land and Water Conservation Fund and to
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $850,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to the Sisk Act (16 U.S.C. 484a),
pursuant to the Land Sale and Exchange Acts (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589; and Public
Law 78-310), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751(b)(1)), to remain
available through September 30, 2021, of which not to exceed
6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by section 4(b) of the Forest and
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C.
1643(b)), $45,000, to remain available through September 30,
2021, to be derived from the fund established pursuant to
such Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $2,225,000, to remain available through
September 30, 2021.
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or
other lands under fire protection agreement, emergency
rehabilitation of burned-over National Forest System lands
and water, and for State and volunteer fire assistance,
$2,506,357,000, to remain available through September 30,
2021: Provided, That such funds including unobligated
balances under this heading, are available for repayment of
advances from other appropriations accounts previously
transferred for such purposes: Provided further, That any
unobligated funds appropriated in a previous fiscal year for
hazardous fuels management may be transferred to the
``National Forest System'' account: Provided further, That
such funds shall be available to reimburse State and other
cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent
such reimbursements by the
Forest Service for non-fire emergencies are fully repaid by
the responsible emergency management agency: Provided
further, That of the funds provided, $19,290,000 is for
research activities and to make competitive research grants
pursuant to the Forest and Rangeland Renewable Resources
Research Act, (16 U.S.C. 1641 et seq.), $76,011,000 is for
State fire assistance, and $14,618,000 is for volunteer fire
assistance under section 10 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2106): Provided further,
That amounts in this paragraph may be transferred to the
``Forest and Rangeland Research'' account to fund forest and
rangeland research: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That funds made available to implement the Community Forest
Restoration Act, Public Law 106-393, title VI, shall be
available for use on non-Federal lands in accordance with
authorities made available to the Forest Service under the
``State and Private Forestry'' appropriation: Provided
further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate
amount not to exceed $50,000,000, between the Departments
when such transfers would facilitate and expedite wildland
fire management programs and projects: Provided further, That
funds designated for wildfire suppression, shall be assessed
for cost pools on the same basis as such assessments are
calculated against other agency programs.
administrative provisions--forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft to
maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the
House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland
Fire Management'' will be obligated within 30 days: Provided,
That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the Wildland Fire Management Account, or reprogram
funds within the Wildland Fire Management Account, to be used
for the purposes of hazardous fuels management and emergency
and water, such transferred funds shall remain available
through September 30, 2021: Provided, That none of the funds
transferred pursuant to this section shall be available for
obligation without written notification to and the prior
approval of the Committees on Appropriations of both Houses
of Congress: Provided further, That this section does not
apply to funds derived from the Land and Water Conservation
Fund.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with United States
private and international organizations. The Forest Service,
acting for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the United States
Agency for International Development, the Department of
State, and the Millennium Challenge Corporation), United
States private sector firms, institutions and organizations
to provide technical assistance and training programs
overseas on forestry and rangeland management.
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-171 (7 U.S.C.
8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the report accompanying
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center and the Department of
Agriculture's International Technology Service.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within
the scope of the approved budget, which shall be carried out
by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993 (16
U.S.C. 1701 et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be
available for administrative expenses: Provided further, That
the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match
funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$65,000,000, shall be assessed for the purpose of performing
fire, administrative and other facilities maintenance and
decommissioning. Such assessments shall occur using a square
foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest
Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums
requested for transfer.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through
the Office of Budget and Program Analysis, the Forest Service
shall report not later than 30 business days following the
close of each fiscal quarter all current and prior year
unobligated balances, by fiscal year, budget line item and
account, to the House and Senate Committees on
Any unobligated balance of funds appropriated in a previous
fiscal year in the FLAME Wildfire Suppression Reserve Fund
account shall remain available through September 30, 2020.
The Forest Service shall submit, through the Office of
Budget and Program Analysis, to the Office of Management and
Budget a proposed system of administrative control of funds
for its accounts, as described in 31 U.S.C. 1514, not later
than December 31, 2017.
Indian Health Service
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,867,260,000,
together with payments received during the fiscal year
pursuant to sections 231(b) and 233 of the Public Health
Service Act (42 U.S.C. 238(b), 238b), for services furnished
by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $2,000,000 shall be available for grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$928,830,000 for Purchased/Referred Care, including
$53,000,000 for the Indian Catastrophic Health Emergency
Fund, shall remain available until expended: Provided
further, That of the funds provided, up to $36,000,000 shall
remain available until expended for implementation of the
loan repayment program under section 108 of the Indian Health
Care Improvement Act: Provided further That of the funds
provided, $11,000,000 shall remain available until expended
to supplement funds available for operational costs at tribal
clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health
care is delivered in space acquired through a full service
lease, which is not eligible for maintenance and improvement
and equipment funds from the Indian Health Service, and
$29,000,000 shall be for costs related to or resulting from
accreditation emergencies, of which up to $4,000,000 may be
used to supplement amounts otherwise available for Purchased/
Referred Care: Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and
108 of the Indian Health Care Improvement Act (25 U.S.C.
1613a and 1616a) during the preceding fiscal year for breach
of contracts shall be deposited to the Fund authorized by
section 108A of that Act (25 U.S.C. 1616a-1) and shall remain
available until expended and, notwithstanding section 108A(c)
of that Act (25 U.S.C. 1616a-1(c)), funds shall be available
to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of that Act (25 U.S.C.
1613a and 1616a): Provided further, That the amounts made
available within this account for the Substance Abuse and
Suicide Prevention Program, for the Domestic Violence
Prevention Program, for the Zero Suicide Initiative, for
aftercare pilot programs at Youth Regional Treatment Centers,
to improve collections from public and private insurance at
Indian Health Service and tribally operated facilities, and
for accreditation emergencies shall be allocated at the
discretion of the Director of the Indian Health Service and
shall remain available until expended: Provided further, That
funds provided in this Act may be used for annual contracts
and grants for which the performance period falls within 2
fiscal years, provided the total obligation is recorded in
the year the funds are appropriated: Provided further, That
the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health
Care Improvement Act shall remain available until expended
for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the
Social Security Act, except for those related to the
planning, design, or construction of new facilities: Provided
further, That funding contained herein for scholarship
programs under the Indian Health Care Improvement Act shall
remain available until expended: Provided further, That
amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall be
reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided
further, That the Bureau of Indian Affairs may collect from
the Indian Health Service, and from tribes and tribal
organizations operating health facilities pursuant to Public
Law 93-638, such individually identifiable health information
relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals
with Disabilities Education Act (20 U.S.C. 1400, et seq.):
Provided further, That of the funds provided, $130,000,000 is
for the Indian Health Care Improvement Fund and may be used,
as needed, to carry out activities typically funded under the
Indian Health Facilities account.
the Indian Health Service for fiscal year 2018, such sums as
may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $551,643,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That
not to exceed $500,000 may be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and
the ``Indian Health Services'' account may be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health
Service and the General Services Administration: Provided
further, That not to exceed $500,000 may be placed in a
Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and
for expenses of attendance at meetings that relate to the
functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall
be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638: Provided further, That
funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided
further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
5321 et seq. (title I), 5381 et seq. (title V)), may be
deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title V
of such Act and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation:
Provided further, That none of the funds made available to
the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and
such request has been included in an appropriations Act and
enacted into law: Provided further, That with respect to
functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities on
a reimbursable basis, including payments in advance with
subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from
which the funds were originally derived, with such amounts to
reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
costs associated with the provision of goods, services, or
Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance
notification to the House and Senate Committees on
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $75,370,000.
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
1980 (CERCLA) and section 3019 of the Solid Waste Disposal
Act, $72,780,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2018,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $2,994,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $11,000,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any
other provision of law, the Inspector General of the Board
shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions
within the Board.
Office of Navajo and Hopi Indian Relocation
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$15,431,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88
Stat. 1716): Provided further, That $200,000 shall be
transferred to the Office of Inspector General of the
Department of the Interior, to remain available until
expended, for audits and investigations of the Office of
Navajo and Hopi Indian Relocation, consistent with the
Inspector General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$9,835,000, which shall become available on July 1, 2018, and
shall remain available until September 30, 2019.
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$716,600,000, to remain available until September 30, 2019,
except as otherwise provided herein; of which not to exceed
$6,908,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$168,500,000, including support for revitalization of the
National Air and Space Museum, to remain available until
expended, of which not to exceed $10,000 shall be for
services as authorized by 5 U.S.C. 3109.
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $132,961,000,
to remain available until September 30, 2019, of which not to
exceed $3,620,000 for the special exhibition program shall
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years,
that address space needs created by the ongoing renovations
in the Master Facilities Plan, as authorized, $22,564,000, to
remain available until expended: Provided, That contracts
awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as well
as price.
John F. Kennedy Center for the Performing Arts
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $23,740,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $13,000,000, to
Woodrow Wilson International Center for Scholars
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $10,000,000, to remain available
until September 30, 2019.
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $145,000,000
shall be available to the National Endowment for the Arts for
the support of projects and productions in the arts,
including arts education and public outreach activities,
through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
on the Arts and the Humanities Act of 1965, $145,000,000 to
remain available until expended, of which $134,000,000 shall
be available for support of activities in the humanities,
pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $11,000,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,700,000 for the purposes of
section 7(h): Provided, That appropriations for carrying out
section 10(a)(2) shall be available for obligation only in
such amounts as may be equal to the total amounts of gifts,
bequests, devises of money, and other property accepted by
the chairman or by grantees of the National Endowment for the
Humanities under the provisions of sections 11(a)(2)(B) and
11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may
approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,600,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study, or education: Provided further, That
one-tenth of one percent of the funds provided under this
heading may be used for official reception and representation
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $2,000,000.
Advisory Council on Historic Preservation
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,400,000.
National Capital Planning Commission
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109,
$7,948,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$57,000,000, of which $1,215,000 shall remain available until
September 30, 2020, for the Museum's equipment replacement
program; and of which $2,500,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
Dwight D. Eisenhower Memorial Commission
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,600,000, to remain available until expended.
Commission for design and construction of a memorial in honor
of Dwight D. Eisenhower, as authorized by Public Law 106-79,
That the contract with respect to the procurement shall
contain the ``availability of funds'' clause described in
section 52.232.18 of title 48, Code of Federal Regulations:
Provided further, That the funds appropriated herein shall be
deemed to satisfy the criteria for issuing a permit contained
in 40 U.S.C. 8906(a)(4) and (b).
women's suffrage centennial commission
For necessary expenses of the Women's Suffrage Centennial
Commission, as authorized by Public Law 115-31, $1,000,000,
to remain available until expended.
world war i centennial commission
For activities of the World War I Centennial Commission as
authorized by the World War I Centennial Commission Act
(Public Law 112-272) and the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291), $3,000,000: Provided, That
the Commission may accept money, in-kind personnel services,
contractual support, or any appropriate support from any
executive branch agency for activities of the Commission.
restriction on use of funds
Sec. 401.  No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
obligation of appropriations
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403.  The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates
shall be presented to the Committees on Appropriations for
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2019, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of
Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405.  Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
contract support costs, fiscal year 2018 limitation
Sec. 406.  Amounts provided by this Act for fiscal year
2018 under the headings ``Department of Health and Human
Services, Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2018
with the Bureau of Indian Affairs or the Indian Health
Service: Provided, That such amounts provided by this Act are
not available for payment of claims for contract support
costs for prior years, or for repayments of payments for
settlements or judgments awarding contract support costs for
prior years.
forest management plans
Sec. 407.  The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408.  No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 409.  Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National
Park Protection and Expansion Act of 1989, or to funds
appropriated for Federal assistance to the State of Florida
to acquire lands for Everglades restoration purposes.
timber sale requirements
Sec. 410.  No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging
and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when
appraised using a residual value appraisal. The western red
cedar timber from those sales which is surplus to the needs
of the domestic processors in Alaska, shall be made available
to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411.  None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 413.  Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
status of balances of appropriations
Sec. 415.  The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity.
recreation fee
Sec. 416.  Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking
``September 30, 2018'' and inserting ``September 30, 2019''.
prohibition on use of funds
Sec. 417.  Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring
the issuance of permits under title V of the Clean Air Act
(42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide,
water vapor, or methane emissions resulting from biological
processes associated with livestock production.
greenhouse gas reporting restrictions
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
modification of authorities
Sec. 419.  Section 8162(m)(3) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law
106-79) is amended by striking ``September 30, 2017'' and
inserting ``September 30, 2018''.
funding prohibition
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or
any other law.
contracting authorities
Sec. 421.  Section 412 of Division E of Public Law 112-74
is amended by striking ``fiscal year 2017'' and inserting
``fiscal year 2019''.
chesapeake bay initiative
Sec. 422.  Section 502(c) of the Chesapeake Bay Initiative
Act of 1998 (Public Law 105-312; 16 U.S.C. 461 note) is
amended by striking ``2017'' and inserting ``2019''.
extension of grazing permits
Sec. 423.  The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing
permits issued by the Forest Service on any lands not subject
to administration under section 402 of the Federal Lands
Policy and Management Act (43 U.S.C. 1752), shall remain in
effect for fiscal year 2018.
Sec. 424. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
forest service facility realignment and enhancement act
Sec. 425.  Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of
2005 (16 U.S.C. 580d note; Public Law 109-54) is amended by
striking ``2016'' and inserting ``2018''.
use of american iron and steel
Sec. 426. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be 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.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
be used to destroy any buildings or structures on Midway
Island that have been recommended by the United States Navy
for inclusion in the National Register of Historic Places (54
U.S.C. 302101).
policies relating to biomass energy
Sec. 428.  For fiscal year 2018 and each fiscal year
thereafter, to support the key role that forests in the
United States can play in addressing the energy needs of the
United States, the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency shall, consistent with their missions,
jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies
that--
(A) 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.
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
(D) recognize State initiatives to produce and use forest
biomass.
john f. kennedy center reauthorization
Sec. 429.  Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b)
and inserting the following:
``(a)  Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H), $24,000,000 for fiscal year 2018.
``(b)  Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $13,000,000 for fiscal year 2018.''.
clarification of exemptions
Sec. 430.  Notwithstanding section 404(f)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(f)(2)), none of
the funds made available by this Act may be used to require a
permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) for the activities identified in subparagraphs (A) and
(C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A),
(C)).
waters of the united states
Sec. 431. (a) Authorization.--The Administrator of the
Environmental Protection Agency and the Secretary of the Army
may withdraw the Waters of the United States rule without
regard to any provision of statute or regulation that
establishes a requirement for such withdrawal.
(b) Effect of Withdrawal.--Except as otherwise provided by
any Act or rule that takes effect after the date of enactment
of this Act, if the Administrator of the Environmental
Protection Agency and the Secretary of the Army withdraw the
Waters of the United States rule under subsection (a), the
Administrator and Secretary shall implement the provisions of
law under which such rule was issued in accordance with the
regulations and guidance in effect under such provisions
immediately before the effective date of such rule.
(c) Definitions.--In this section the term ``Waters of the
United States rule'' means the final rule issued by the
Administrator of the Environmental Protection Agency and the
Secretary of the Army entitled ``Clean Water Rule: Definition
of `Waters of the United States' '' on June 29, 2015 (80 Fed.
Reg. 37053).
Sec. 432.  To implement the national ambient air quality
standards for ozone published in the Federal Register on
October 26, 2015 (80 Fed. Reg. 65292):
(1) the Governor of each State shall designate areas of the
State as attainment, nonattainment, or unclassifiable with
respect to the standards not later than October 26, 2024;
(2) the Administrator of the Environmental Protection
Agency shall promulgate final designations for all areas in
all States with respect to the standards not later than
October 26, 2025;
(3) each State shall submit the plan required by section
110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)) for the
standards not later than October 26, 2026;
(4) the standards shall not apply to the review and
disposition of a preconstruction permit application required
under part C or D of title I of the Clean Air Act (42 U.S.C.
7470 et seq.) if the Administrator or the State, local or
tribal permitting authority, as applicable, has determined
the application to be complete prior to the date of
promulgation of final designations, or has published a public
notice of a preliminary determination or draft permit before
the date that is 60 days after the date of promulgation of
final designations; and
(5) the provisions of subsections (1) through (4) above
shall apply notwithstanding the deadlines set forth in
Section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and
Section 110(a)(1) of the Clean Air Act (42 U.S.C.
7410(a)(1)).
financial assurance
other Act may be used to finalize, implement, administer, or
enforce the proposed rule entitled ``Financial Responsibility
Requirements Under CERCLA Sec.  108(b) for Classes of
Facilities in the Hardrock Mining Industry'' published by the
Environmental Protection Agency in the Federal Register on
January 11, 2017 (82 Fed. Reg. 3388 et seq.).
agricultural nutrients
be used by the Administrator of the Environmental Protection
Agency to issue any regulation under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) that applies to an animal
feeding operation, including a concentrated animal feeding
operation and a large concentrated animal feeding operation,
as such terms are defined in section 122.23 of title 40, Code
of Federal Regulations.
limitation on use of funds for national ocean policy
be used to further implementation of the coastal and marine
spatial planning and ecosystem-based management components of
the National Ocean Policy developed under Executive Order
hunting, fishing, and recreational shooting on federal land
Sec. 436. (a) Limitation on Use of Funds.--None of the
funds made available by this or any other Act for any fiscal
year may be used to prohibit the use of or access to Federal
land (as such term is defined in section 3 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6502)) for
hunting, fishing, or recreational shooting if such use or
access--
(1) was not prohibited on such Federal land as of January
1, 2013; and
(2) was conducted in compliance with the resource
management plan (as defined in section 101 of such Act (16
U.S.C. 6511)) applicable to such Federal land as of January
1, 2013.
(b) Temporary Closures Allowed.--Notwithstanding subsection
(a), the Secretary of the Interior or the Secretary of
Agriculture may temporarily close, for a period not to exceed
30 days, Federal land managed by the Secretary to hunting,
fishing, or recreational shooting if the Secretary determines
that the temporary closure is necessary to accommodate a
special event or for public safety reasons. The Secretary may
extend a temporary closure for one additional 90-day period
only if the Secretary determines the extension is necessary
because of extraordinary weather conditions or for public
safety reasons.
(c) Authority of States.--Nothing in this section shall be
construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or
availability of vacant grazing allotments
Sec. 437.  The Secretary of the Interior, with respect to
public lands administered by the Bureau of Land Management,
and the Secretary of Agriculture, with respect to the
National Forest System lands, shall make vacant grazing
allotments available to a holder of a grazing permit or lease
issued by either Secretary if the lands covered by the permit
or lease or other grazing
lands used by the holder of the permit or lease are unusable
because of drought or wildfire, as determined by the
Secretary concerned. The terms and conditions contained in a
permit or lease made available pursuant to this section shall
be the same as the terms and conditions of the most recent
permit or lease that was applicable to the vacant grazing
allotment made available. Section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) shall not
apply with respect to any Federal agency action under this
wind turbine funding limitation
be 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 State of Maryland shoreline.
references to act
Sec. 439.  Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
reference to report
Sec. 440.  Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-238. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 441.  $0.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2018''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
the Treasury not otherwise appropriated, for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for fiscal year ending September 30, 2018,
and for other purposes, namely:
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
For necessary expenses of the Office of the Secretary,
$21,703,000, of which not to exceed $4,850,000 shall be
available for the immediate Office of the Secretary; not to
exceed $501,000 shall be available for the Office of Tribal
Relations; not to exceed $800,000 shall be available for the
Assistant to the Secretary for Rural Development: Provided,
That funds made available by this Act to an agency in the
Rural Development mission area for salaries and expenses are
available to pay the salaries and expenses of up to one
administrative support staff for the Assistant; not to exceed
$1,448,000 shall be available for the Office of Homeland
Security and Emergency Coordination; not to exceed $1,171,000
shall be available for the Office of Advocacy and Outreach;
not to exceed $3,581,000 shall be available for the Office of
the Assistant Secretary for Administration, of which
$2,781,000 shall be available for Departmental Administration
to provide for necessary expenses for management support
services to offices of the Department and for general
administration, security, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided
for and necessary for the practical and efficient work of the
Department; not to exceed $3,091,000 shall be available for
the Office of Assistant Secretary for Congressional Relations
to carry out the programs funded by this Act, including
programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $6,261,000
shall be available for the Office of Communications:
Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office
of the Secretary:  Provided further, That no appropriation
for any office shall be increased or decreased by more than 5
percent:  Provided further, That not to exceed $11,000 of the
amount made available under this paragraph for the immediate
Office of the Secretary shall be available for official
reception and representation expenses, not otherwise provided
for, as determined by the Secretary:  Provided further, That
the amount made available under this heading for Departmental
Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558:
Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for
Congressional Relations may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain
personnel at the agency level:  Provided further, That no
funds made available under this heading for the Office of
Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation
of these funds by USDA agency.
Executive Operations
For necessary expenses of the Office of the Chief
Economist, $16,777,000, of which $4,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $13,399,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,093,000.
Office of the Chief Information Officer
Information Officer, $49,538,000, of which not less than
$33,000,000 is for cybersecurity requirements of the
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,836,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $800,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to pay
the salaries and expenses of up to one administrative support
staff for the Office.
For necessary expenses of the Office of Civil Rights,
Hazardous Materials Management
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $3,503,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $95,628,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) and section 1337 of the Agriculture and Food Act of
1981 (Public Law 97-98).
For necessary expenses of the Office of the General
Counsel, $42,970,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $3,945,000.
Office of the Under Secretary for Research, Education, and Economics
for Research, Education, and Economics, $800,000: Provided,
Research, Education, and Economics mission area for salaries
and expenses are available to pay the salaries and expenses
of up to one administrative support staff for the Office.
For necessary expenses of the Economic Research Service,
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $183,781,000, of which up to $63,350,000
shall be available until expended for the Census of
Agriculture:  Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,132,625,000:  Provided, That appropriations hereunder
shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed one for
replacement only:  Provided further, That appropriations
hereunder shall be available pursuant to section 703 of the
Act of September 21, 1944 (7 U.S.C. 2250) for the
construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000,
except for headhouses or greenhouses which shall each be
limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$500,000, whichever is greater:  Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement:  Provided
further, That the limitations on alterations contained in
this Act shall not apply to modernization or replacement of
existing facilities at Beltsville, Maryland:  Provided
further, That appropriations hereunder shall be available for
granting easements at the Beltsville Agricultural Research
Center:  Provided further, That the foregoing limitations
shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a):  Provided
granting easements at any Agricultural Research Service
non-Federal entity for use by, and acceptable to, the
Agricultural Research Service and a condition of the
easements shall be that upon completion the facility shall be
accepted by the Secretary, subject to the availability of
funds herein, if the Secretary finds that acceptance of the
facility is in the interest of the United States:  Provided
further, That funds may be received from any State, other
political subdivision, organization, or individual for the
purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as
authorized by law.
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $60,000,000 to
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $830,402,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the report accompanying this Act:
Provided, That funds for research grants for 1994
institutions, education grants for 1890 institutions, the
agriculture and food research initiative, veterinary medicine
loan repayment, multicultural scholars, graduate fellowship
and institution challenge grants, and grants management
systems shall remain available until expended:  Provided
further, That each institution eligible to receive funds
under the Evans-Allen program receives no less than
$1,000,000:  Provided further, That funds for education
grants for Alaska Native and Native Hawaiian-serving
institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii:
Provided further, That funds for education grants for 1890
institutions shall be made available to institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222:  Provided
further, That not more than 5 percent of the amounts made
available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C.
450i(b) may be retained by the Secretary of Agriculture to
pay administrative costs incurred by the Secretary in
carrying out that Act.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $475,876,000, which shall be
for the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the report accompanying this Act:
Provided, That funds for facility improvements at 1890
institutions shall remain available until expended:  Provided
further, That institutions eligible to receive funds under 7
U.S.C. 3221 for cooperative extension receive no less than
$1,000,000:  Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act
(7 U.S.C. 343(b) and (c)) and section 209 of the District of
Columbia Public Postsecondary Education Reorganization Act
(38-1202.09, D.C. Official Code) shall be available for
retirement and employees' compensation costs for extension
agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$35,000,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the
report accompanying this Act:  Provided, That funds for the
Food and Agriculture Defense Initiative shall remain
available until September 30, 2019:  Provided further, That
notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Integrated research,
education, and extension competitive grants program under
section 406 of the Agricultural Research, Extension, and
Education Reform Act of 1998.
Office of the Under Secretary for Marketing and Regulatory Programs
for Marketing and Regulatory Programs, $800,000: Provided,
Marketing and Regulatory Programs mission area for salaries
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $906,400,000,
of which $450,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests
program for cost share purposes or for debt retirement for
active eradication zones; of which $35,250,000, to remain
available until expended, shall be for Animal Health
Technical Services; of which $700,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as
amended (15 U.S.C. 1831); of which $55,340,000, to remain
available until expended, shall be used to support avian
health; of which $4,200,000, to remain available until
expended, shall be for information technology infrastructure;
of which $160,000,000, to remain available until expended,
shall be for specialty crop pests; of which, $8,800,000, to
remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $14,500,000, to remain
available until expended, shall be for zoonotic disease
management; of which $36,500,000, to remain available until
expended, shall be for emergency preparedness and response;
of which $38,000,000, to remain available until expended,
shall be for tree and wood pests; of which $5,725,000, to
remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program
for indemnities; of which $2,500,000, to remain available
until expended, shall be for the wildlife damage management
program for aviation safety:  Provided, That of amounts
available under this heading for wildlife services methods
development, $1,000,000 shall remain available until
expended:  Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall
remain available until expended:  Provided further, That no
funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not
require minimum matching by the States of at least 40
percent:  Provided further, That this appropriation shall be
available for the operation and maintenance of aircraft and
the purchase of not to exceed five, of which two shall be for
replacement only:  Provided further, That in addition, in
emergencies which threaten any segment of the agricultural
production industry of the United States, the Secretary may
transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may
be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious
disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the
Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C.
7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding
fiscal year shall be merged with such transferred amounts:
Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless
otherwise provided, the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2018, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
Agricultural Marketing Service
For necessary expenses of the Agricultural Marketing
Service, $77,573,000:  Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to section
9701 of title 31, United States Code.
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses:  Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.);
(2) transfers otherwise provided in this Act; and (3) not
more than $20,705,000 for formulation and administration of
marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,109,000.
Grain Inspection, Packers and Stockyards Administration
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $42,888,000:  Provided, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
limitation on inspection and weighing services expenses
obligated during the current fiscal year for inspection and
weighing services:  Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
for Food Safety, $800,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to pay the
salaries and expenses of up to one administrative support
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,038,069,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended:  Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2018 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act (7 U.S.C. 1901 et seq.):  Provided further, That the Food
Safety and Inspection Service shall continue implementation
of section 11016 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246) as further clarified by the
amendments made in section 12106 of the Agricultural Act of
2014 (Public Law 113-79):  Provided further, That this
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
for Farm Production and Conservation, $875,000: Provided,
Farm Production and Conservation mission area for salaries
For necessary expenses of the Farm Service Agency,
$1,166,317,000:  Provided, That not more than 50 percent of
the $78,013,000 made available under this heading for
information technology related to farm program delivery,
including the Modernize and Innovate the Delivery of
Agricultural Systems and other farm program delivery systems,
may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from
such Committees of, a plan for expenditure that (1)
identifies for each project/investment over $25,000 (a) the
functional and performance capabilities to be delivered and
the mission benefits to be realized, (b) the estimated
lifecycle cost, including estimates for development as well
as maintenance and operations, and (c) key milestones to be
met; (2) demonstrates that each project/investment is (a)
consistent with the Farm Service Agency Information
Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and
(c) subject to the applicable Department's capital planning
and investment control requirements; and (3) has been
reviewed by the Government Accountability Office:  Provided
further, That the agency shall submit a report by the end of
the fourth quarter of fiscal year 2018 to the Committees on
Appropriations and the Government Accountability Office, that
identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level
agreements or other technical metrics, (c) current
performance against a pre-established cost baseline, (d) a
detailed breakdown of current and planned spending on
operational enhancements or upgrades, and (e) an assessment
of whether the investment continues to meet business needs as
intended as well as alternatives to the investment:  Provided
further, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of
the Commodity Credit Corporation to make program payments for
all programs administered by the Agency:  Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account:
Provided further, That funds made available to county
committees shall remain available until expended:  Provided
further, That none of the funds available to the Farm Service
Agency shall be used to close Farm Service Agency county
offices:  Provided further, That none of the funds available
to the Farm Service Agency shall be used to permanently
relocate county based employees that would result in an
office with two or fewer employees without prior notification
and approval of the Committees on Appropriations of both
Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $6,000,000, to
dairy indemnity program
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended:  Provided,
That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly
fractionated land loans (25 U.S.C. 488) to be available from
funds in the Agricultural Credit Insurance Fund, as follows:
$2,500,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans;
$1,593,423,000 for unsubsidized guaranteed operating loans
and $1,304,851,000 for direct operating loans; emergency
loans, $25,610,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
Indian highly fractionated land loans, $10,000,000; and for
boll weevil eradication program loans, $60,000,000:
Provided, That the Secretary shall deem the pink bollworm to
be a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows: farm
operating loans, $52,716,000 for direct operating loans,
$17,687,000 for unsubsidized guaranteed operating loans,
emergency loans, $1,260,000, to remain available until
expended; and $2,272,000 for Indian highly fractionated land
loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $305,291,000, of
which $297,386,000 shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs:  Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency,
$55,000,000:  Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100
pursuant to the Act of August 3, 1956 (7 U.S.C. 428a);
purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $858,911,000, to remain available
until September 30, 2019:  Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000:  Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and
in accordance with the provisions of laws relating to the
activities of the Department, $40,000,000, to remain
available until expended:  Provided, That of the amounts made
available under this heading, $20,000,000 shall be allocated
to projects and activities that can commence promptly
following enactment; that address regional priorities for
flood prevention, agricultural water management, inefficient
irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under
the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78-534) with a primary purpose
of watershed protection by preventing floodwater damage and
stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $10,000,000 is provided:
Provided, That of the amounts made available under this
heading, $5,000,000 shall remain available until expended for
watershed rehabilitation projects in states with high-hazard
dams and other watershed structures and that have recently
incurred flooding events which caused fatalities.
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11):  Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act
(42 U.S.C. 6961).
RURAL DEVELOPMENT PROGRAMS
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $220,835,000:  Provided, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
support Rural Development programs.
rural housing insurance fund program account
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $900,000,000 shall be for direct
loans and $24,000,000,000 shall be for unsubsidized
guaranteed loans; $24,000,000 for section 504 housing repair
loans; $28,398,000 for section 515 rental housing;
$230,000,000 for section 538 guaranteed multi-family housing
loans; $10,000,000 for credit sales of single family housing
acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section
524 site development loans: Provided, That section
514(f)(3)(A) of the Housing Act of 1949 (42 U.S.C.
1484(f)(3)(A)) is amended by striking ``United States'' and
inserting ``United States,'' and by inserting before the
semicolon the following: ``, or a person legally admitted to
the United States and authorized to work in agriculture''.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $34,650,000 shall be for direct loans; section 504
housing repair loans, $2,959,000; section 523 self-help
housing land development loans, $368,000; section 524 site
development loans, $58,000; and repair, rehabilitation, and
new construction of section 515 rental housing, $7,472,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the
projected cost of such loan guarantees pursuant to the
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a
rural area for purposes of section 502 guaranteed loans
provided under this heading:  Provided further, That of the
amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until
June 1, 2018:  Provided further, That the Secretary shall
implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate
the acquisition of Rural Housing Service (RHS) multifamily
housing properties by such nonprofit organizations and public
housing authorities that commit to keep such properties in
the RHS multifamily housing program for a period of time as
determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on
Investment (ROI) on their own resources to include proceeds
from low income housing tax credit syndication, own
contributions, grants, and developer loans at favorable rates
and terms, invested in a deal; and allow reimbursement of
organizational costs associated with owner's oversight of
asset referred to as ``Asset Management Fee'' (AMF) of up to
$7,500 per property.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1486), $10,008,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts:  Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged
with this account.
out the direct and guaranteed loan programs, $401,300,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, $1,345,293,000, of which $40,000,000 shall be available
until September 30, 2019; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry
out the rental assistance program under section 521(a)(2) of
the Act:  Provided, That rental assistance agreements entered
into or renewed during the current fiscal year shall be
funded for a one-year period:  Provided further, That any
unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any
debt reduction; maintenance, repair, or rehabilitation of any
existing projects; preservation; and rental assistance
activities authorized under title V of the Act:  Provided
further, That rental assistance provided under agreements
entered into prior to fiscal year 2018 for a farm labor
multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance:  Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act:
Provided further, That except as provided in the third
proviso under this heading and notwithstanding any other
provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to
fiscal year 2018 for a project that the Secretary determines
no longer needs rental assistance and use such recaptured
funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $35,000,000, to remain available
until expended:  Provided, That of the funds made available
under this heading, $20,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005:  Provided further, That the amount of
such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit:  Provided further, That funds made available
for such vouchers shall be subject to the availability of
annual appropriations:  Provided further, That the Secretary
shall, to the maximum extent practicable, administer such
vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development:
Provided further, That if the Secretary determines that the
amount made available for vouchers in this or any other Act
is not needed for vouchers, the Secretary may use such funds
for the demonstration program for the preservation and
described in this paragraph:  Provided further, That of the
funds made available under this heading, $15,000,000 shall be
available for a demonstration program for the preservation
and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for
the purpose of providing safe and affordable housing for low-
income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns
on investment) required by the Secretary:  Provided further,
That the Secretary shall as part of the preservation and
revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring:  Provided
further, That if the Secretary determines that additional
funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration
program may be used for such vouchers:  Provided further,
That if Congress enacts legislation to permanently authorize
a multi-family rental housing loan restructuring program
similar to the demonstration program described herein, the
Secretary may use funds made available for the demonstration
program under this heading to carry out such legislation with
the prior approval of the Committees on Appropriations of
both Houses of Congress:  Provided further, That in addition
to any other available funds, the Secretary may expend not
more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for
activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $25,000,000, to
rural community facilities program account
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $2,600,000,000 for direct loans and
$148,305,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, $4,849,000, to remain
Rural Business--Cooperative Service
rural business program account
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$58,251,000, to remain available until expended:  Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $5,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.) and
the Appalachian Regional Commission (40 U.S.C. 14101 et seq.)
for any Rural Community Advancement Program purpose as
described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may
be used for administrative expenses:  Provided further, That
$4,000,000 of the amount appropriated under this heading
shall be for business grants to benefit Federally Recognized
Native American Tribes, including $250,000 for a grant to a
economic development:  Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act
are not applicable to funds made available under this
heading.
intermediary relending program fund account
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $17,500,000.
For the cost of direct loans, $4,041,000, as authorized by
1936b), of which $404,100 shall be available through June 30,
2018, for Federally Recognized Native American Tribes; and of
which $606,150 shall be available through June 30, 2018, for
Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460):  Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
direct loan programs, $4,230,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $196,000,000 shall not be
obligated and $196,000,000 are rescinded.
The cost of grants authorized under section 313 of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not
exceed $10,000,000.
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $21,000,000, of which
$2,500,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $10,000,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a).
For the cost of a program of loan guarantees, under the
same terms and conditions as authorized by section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $291,000:  Provided, That the cost of loan guarantees,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
rural water and waste disposal program account
For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act, $472,700,000, to remain
available until expended, of which not to exceed $1,000,000
shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to
exceed $993,000 shall be available for the rural utilities
program described in section 306E of such Act:  Provided,
That $45,000,000 of the amount appropriated under this
heading shall be for loans and grants including water and
waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and
Rural Development Act, and Federally Recognized Native
American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be
provided to a consortium formed pursuant to section 325 of
Public Law 105-83:  Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant
to section 325 of Public Law 105-83 for training and
technical assistance programs:  Provided further, That not to
exceed $20,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of
such Act, unless the Secretary makes a determination of
extreme need, of which $6,500,000 shall be made available for
a grant to a qualified nonprofit multi-State regional
technical assistance organization, with experience in working
with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving
the planning, financing, development, operation, and
management of water
and waste water systems, and of which not less than $800,000
shall be for a qualified national Native American
organization to provide technical assistance for rural water
systems for tribal communities:  Provided further, That not
to exceed $16,897,000 of the amount appropriated under this
heading shall be for contracting with qualified national
organizations for a circuit rider program to provide
technical assistance for rural water systems:  Provided
further, That not to exceed $4,000,000 shall be for solid
waste management grants:  Provided further, That sections
381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
rural electrification and telecommunications loans program account
The principal amount of direct and guaranteed loans as
authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be
made as follows: loans made pursuant to section 306 of that
Act, rural electric, $5,500,000,000; guaranteed underwriting
loans pursuant to section 313A, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural
telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$690,000,000:  Provided, That up to $2,000,000,000 shall be
used for the construction, acquisition, or improvement of
fossil-fueled electric generating plants (whether new or
existing) that utilize carbon sequestration systems.
For the cost of direct loans as authorized by section 305
of the Rural Electrification Act of 1936 (7 U.S.C. 935),
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, cost of money
rural telecommunications loans, $863,000.
out the direct and guaranteed loan programs, $30,750,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
broadband program
For the principal amount of broadband telecommunication
loans, $26,991,000.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $4,521,000, to remain
available until expended:  Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
Rural Economic Infrastructure Account
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474 and 1490m; for rural community
facilities, as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act; for grants for telemedicine distance
learning services in rural areas, as authorized by 7 U.S.C
950aaa et seq.; and for grants to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits, as authorized by 7 U.S.C.
950aaa; $122,692,000, to remain available until expended:
Provided, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading:
Provided further, That any balances available for the very
low-income housing repair and rural housing preservation
grants in the ``Rural Housing Assistance Grant'' account, the
rural community facilities grants in the ``Rural Community
Facilities Program Account'', and the telemedicine and
distance learning grants and broadband grants in the
``Distance Learning, Telemedicine and Broadband Program''
account shall be transferred to and merged with funds made
available under this heading:  Provided further, That of the
amounts provided under this heading, not more than
$60,000,000 shall be made available through June 30, 2018,
for jurisdictions in the Appalachian region, as defined by 40
U.S.C. 14102(a)(1):  Provided further, That eligible
activities under each of the Rural Housing Assistance Grants
program, Rural Community Facilities program, and Distance
Learning, Telemedicine and Broadband program accounts shall
receive not less than 15 percent of the amounts provided
under this heading.
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
for Food, Nutrition, and Consumer Services, $800,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition, and Consumer services mission area
for salaries and expenses are available to pay the salaries
and expenses of up to one administrative support staff for
the Office.
Food and Nutrition Service
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $24,280,944,000 to
remain available through September 30, 2019, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein:  Provided, That of the total amount available,
$17,004,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$25,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of
greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program:
$23,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of
2010 (Public Law 111-80):  Provided further, That section
26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking
``2010 through 2017'' and inserting ``2010 through 2018'':
Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``for fiscal year
2017'' and inserting ``for fiscal year 2018'':  Provided
further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended
in the first sentence by striking ``for fiscal year 2017''
and inserting ``for fiscal year 2018''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
2019:  Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not
less than $60,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $13,600,000
shall be used for infrastructure:  Provided further, That
none of the funds provided in this account shall be available
for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements
specified in section 17 of such Act:  Provided further, That
none of the funds provided shall be available for activities
that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of
such Act:  Provided further, That upon termination of a
federally mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $73,609,950,000, of
which $3,000,000,000, to remain available through December
31, 2019, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations:  Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008:  Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations:  Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law:  Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2019:  Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2019:
Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A):  Provided further, That, subject to section 731 of
this Act, funds made available under this heading may be used
to enter into contracts and employ staff to conduct studies,
evaluations, or to conduct activities related to program
integrity provided that such activities are authorized by the
Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$317,139,000, to remain available through September 30, 2019:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program:  Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2018 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2019:  Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 10 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $148,541,000:  Provided, That of the
funds provided herein, $2,000,000 shall be used for the
purposes of section 4404 of Public Law 107-171, as amended by
section 4401 of Public Law 110-246.
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
for Trade and Foreign Agricultural Affairs, $875,000:
in the Trade and Foreign Agricultural Affairs mission area
Foreign Agricultural Service
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $195,268,000:
Provided, That the Service may utilize advances of funds, or
reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United
States Agency for International Development:  Provided
further, That funds made available for middle-income country
training programs, funds made available for the Borlaug
International Agricultural Science and Technology Fellowship
program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting
fluctuations in international currency exchange rates,
subject to documentation by the Foreign Agricultural Service,
shall remain available until expended.
food for peace title i direct credit and food for progress program
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $149,000, shall be transferred
to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,400,000,000, to remain available until expended:
Provided, That the Administrator of the United States Agency
for International Development shall in each instance notify
in writing the Committees on Appropriations of both Houses of
Congress, the Committee on Agriculture of the House, and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate and make publicly available online the amount and use
of authority in section 202(a) of the Food for Peace Act (7
U.S.C. 1722(a)) to notwithstand the minimum level of
nonemergency assistance required by section 412(e)(2) of the
Food for Peace Act (7 U.S.C. 1736f(e)(2)) not later than 15
days after the date of such action.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
2002 (7 U.S.C. 1736o-1), $201,626,000, to remain available
until expended:  Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein.
commodity credit corporation export (loans) credit guarantee program
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $6,735,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $6,382,000 shall be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $353,000 shall
be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration that are funded by this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; in addition to amounts appropriated to the FDA
Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $5,145,945,000:  Provided,
That of the amount provided under this heading, $937,434,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h, and shall be credited to this account and
remain available until expended; $193,291,000 shall be
derived from medical device user fees authorized by 21 U.S.C.
379j, and shall be credited to this account and remain
available until expended; $493,600,000 shall be derived from
human generic drug user fees authorized by 21 U.S.C. 379j-42,
and shall be credited to this account and remain available
until expended; $54,000,000 shall be derived from biosimilar
biological product user fees authorized by 21 U.S.C. 379j-52,
until expended; $24,142,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j-12, and shall be
credited to this account and remain available until expended;
$12,100,000 shall be derived from generic new animal drug
$672,000,000 shall be derived from tobacco product user fees
authorized by 21 U.S.C. 387s, and shall be credited to this
account and remain available until expended:  Provided
further, That in addition to and notwithstanding any other
provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2018 limitations
are appropriated and shall be credited to this account and
remain available until expended:  Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2018, including
any such fees collected prior to fiscal year 2018 but
credited for fiscal year 2018, shall be subject to the fiscal
year 2018 limitations:  Provided further, That the Secretary
may accept payment during fiscal year 2018 of user fees
specified under this heading and authorized for fiscal year
2019, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2019 for which the
Secretary accepts payment in fiscal year 2018 shall not be
included in amounts under this heading:  Provided further,
That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C.
9701:  Provided further, That of the total amount
appropriated: (1) $1,026,803,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$1,634,578,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of
Regulatory Affairs; (3) $374,233,000 shall be for the Center
for Biologics Evaluation and Research and for related field
$195,349,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $487,836,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $63,331,000 shall be
for the National Center for Toxicological Research; (7)
$625,646,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) not to exceed $178,785,000 shall be for Rent and
Related activities, of which $51,973,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) not to exceed
$237,871,000 shall be for payments to the General Services
Administration for rent; and (10) $321,513,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Foods and Veterinary Medicine,
the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these
offices:  Provided further, That not to exceed $25,000 of
this amount shall be for official reception and
representation expenses, not otherwise provided for, as
determined by the Commissioner of Food and Drugs:  Provided
further, That any transfer of funds pursuant to section
770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379dd(n)) shall only be from amounts made available under
this heading for other activities:  Provided further, That of
the amounts that are made available under this heading for
``other activities'', and that are not derived from user
fees, $1,500,000 shall be transferred to and merged with the
appropriation for ``Department of Health and Human Services--
Office of Inspector General'' for oversight of the programs
and operations of the Food and Drug Administration and shall
be in addition to funds otherwise made available for
oversight of the Food and Drug Administration:  Provided
further, That of the total amount made available under this
heading, $1,500,000 shall be used by the Commissioner of Food
and Drugs, in coordination with the Secretary of Agriculture,
for consumer outreach and education regarding agricultural
biotechnology and biotechnology-derived food products and
animal feed, including through publication and distribution
of science-based educational information on the
environmental, nutritional, food safety, economic, and
humanitarian impacts of such biotechnology, food products,
and feed:  Provided further, That funds may be transferred
from one specified activity to another with the prior
of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
and medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, shall be credited to this
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $8,771,000, to remain available
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District
of Columbia and elsewhere, $248,000,000, including not to
exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which
not less than $49,000,000, to remain available until
September 30, 2019, shall be for the purchase of information
technology and of which not less than $2,700,000 shall be for
expenses of the Office of the Inspector General: Provided,
That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this
Act: Provided further, That for the purpose of recording and
liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso,
such amounts shall be transferred to and recorded in a new
no-year account in the Treasury, which may be established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations: Provided further, That
notwithstanding any other provision of law, the Chairman of
the Commodity Futures Trading Commission may adjust the
schedule of compensation and benefits for employees if the
Chairman determines that furloughs or reductions-in-force may
result from a collective bargaining agreement.
Not to exceed $68,600,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249:  Provided, That this limitation shall not
apply to expenses associated with receiverships:  Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
(including rescissions and transfers of funds)
Sec. 701.  Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 71 passenger
motor vehicles of which 68 shall be for replacement only, and
for the hire of such vehicles:  Provided, That
notwithstanding this section, the only purchase of new
passenger vehicles shall be for those determined by the
Secretary to be necessary for transportation safety, to
reduce operational costs, and for the protection of life,
property, and public safety.
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended:  Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency
administrator:  Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress:  Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 717 of this Act: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, or offices of the Chief Financial Officer
or any personnel from the National Finance Center prior to
written notification to and prior approval of the Committee
on Appropriations of both Houses of Congress and in
accordance with the requirements of section 717 of this Act:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
allocated for the National Finance Center, the Secretary may
reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement and implementation of a financial management
plan, information technology, and other systems of the
National Finance Center or to pay any unforeseen,
extraordinary cost of the National Finance Center:  Provided
further, That none of the amounts reserved shall be available
for obligation unless the Secretary submits written
notification of the obligation to the Committees on
That the limitations on the obligation of funds pending
notification to Congressional Committees shall not apply to
any obligation that, as determined by the Secretary, is
necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance
Center; or to evacuate employees of the National Finance
Center to a safe haven to continue operations of the National
Finance Center.
Sec. 704.  No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705.  Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706.  None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board:  Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
That, notwithstanding section 11319 of title 40, United
States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by the Chief Information
Officer:  Provided further, That the Chief Information
Officer may authorize an agency to obligate funds without
written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based
upon the performance of an agency measured against the
performance plan requirements described in the explanatory
statement accompanying Public Law 113-235.
Sec. 707.  Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708.  Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 709.  Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2019, for information technology
expenses:  Provided, That except as otherwise specifically
provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the
Rural Development mission area shall remain available through
September 30, 2019, for information technology expenses.
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
Sec. 711.  In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79),
other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in
that Act, that is authorized or required to be carried out
using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712.  Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713.  None of the funds in this Act shall be available
to pay indirect costs charged against any agricultural
research, education, or extension grant awards issued by the
National Institute of Food and Agriculture that exceed 30
percent of total Federal funds provided under each award:
Provided, That notwithstanding section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants
awarded competitively by the National Institute of Food and
Agriculture shall be available to pay full allowable indirect
costs for each grant awarded under section 9 of the Small
Business Act (15 U.S.C. 638).
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the
following:
(1) The program authorized by section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)): Provided, That the funds appropriated by section
14(h)(1) of such Act are hereby permanently cancelled;
(2) The program authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107) in
excess of $1,000,000;
Security and Rural Investment Act of 2002 (7 U.S.C. 8111);
(5) The program authorized by section 524(b) of the Federal
Crop Insurance Act, as amended (7 U.S.C. 1524(b)): Provided,
That the funds made available by section 524(b) of such Act
for fiscal year 2018 are hereby permanently cancelled.
Sec. 715.  Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $878,255,000 (exclusive of
carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities--
$465,000,000; State Option Contracts--$5,000,000; Removal of
Defective Commodities--$2,500,000; Administration of Section
32 Commodity Purchases--$35,853,000:  Provided, That of the
total funds made available in the matter preceding this
proviso that remain unobligated on October 1, 2018, such
unobligated balances shall carryover into the next fiscal
year and shall remain available until expended for any of the
three stated purposes of section 32, except that any such
carryover funds used in accordance with clause (3) of section
32 may not exceed $75,000,000 and may not be obligated until
the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance:  Provided
further, That none of the funds made available in this Act or
any other Act shall be used for salaries and expenses to
carry out in this fiscal year sub-section (i)(1)(E) of
section 19 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769a), except in an amount that excludes the
transfer of $125,000,000 of the funds to be transferred under
subsection (c) of section 14222, until October 1, 2018:
Provided further, That $125,000,000 made available on October
1, 2018, to carry out such section 19 shall be excluded from
the limitation described in subsection (b)(2)(A)(x) of
section 14222:  Provided further, That, with the exception of
any available carryover funds authorized in the first proviso
of this section to be used for the purposes of clause (3) of
section 32, none of the funds appropriated or otherwise made
salaries or expenses of any employee of the Department of
Agriculture or officer of the Commodity Credit Corporation to
carry out clause (3) of section 32, or for any surplus
removal activities or price support activities under section
5 of the Commodity Credit Corporation Charter Act (15 U.S.C.
714c):  Provided further, That the available unobligated
balances under (b)(2)(A)(x) of section 14222 in excess of the
limitation set forth in this section, excluding amounts to be
transferred pursuant to the second proviso of this section,
are hereby permanently rescinded.
Sec. 716.  None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2018 appropriations Act.
Sec. 717. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming of such funds or the use of such
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture, the Chairman of the
Health and Human Services shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded
by this Act notify, in writing, the Committees on
advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the
Chairman of the Commodity Futures Trading Commission, or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 718.  Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or
otherwise make available reports, questions, or responses to
questions that are a result of information requested for the
appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services,
non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 720.  Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged
news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 721.  No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 722. (a) Unless the Secretary of Agriculture notifies
the Committees on Appropriations of both Houses of Congress
at least 3 full business days in advance, none of the funds
made available in this Act may be used to--
(1) make a grant allocation of discretionary grant award
totaling $1,000,000 or more;
(2) make a discretionary contract award totaling $1,000,000
or more;
(3) issue a letter of intent to make an allocation or award
in excess of the limits in subparagraph (1) or (2); or
(4) announce publicly the intention to make an allocation
or award in excess of the limits in subparagraph (1) or (2).
(b) The Secretary of Agriculture shall submit to the
Committees on Appropriations of both Houses of Congress
within 15 days of the conclusion of each quarter a report
detailing each grant allocation or discretionary grant award
totaling less than $1,000,000 provided during the previous
quarter.
(c) The notification required by paragraph (a) and the
report required by paragraph (b) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
Sec. 723.  Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, the
Chairman of the Commodity Futures Trading Commission, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the report accompanying
Sec. 724.  Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator,
are in place 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
Sec. 725.  The Secretary shall establish an intermediary
loan packaging program based on the pilot program in effect
for fiscal year 2013 for packaging and reviewing section 502
single family direct loans. The Secretary shall enter into
agreements with current intermediary organizations and with
additional qualified intermediary organizations. The
Secretary shall work with these organizations to increase
effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make
available from the national reserve section 502 loans an
amount necessary to support the work of such intermediaries
and provide a priority for review of such loans.
Sec. 726.  For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent:  Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 727.  None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress:  Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of plant and capital equipment necessary for the
delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture.
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China
for use in the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761),
or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 729.  In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought
or severe weather, the Secretary may provide potable water
through the Emergency Community Water Assistance Grant
Program for an additional period of time not to exceed 120
days beyond the established period provided under the Program
in order to protect public health.
Sec. 730.  Funds provided by this or any prior
Appropriations Act for the Agriculture and Food Research
Initiative under 7 U.S.C. 450i(b) shall be made available
without regard to section 7128 of the Agricultural Act of
2014 (7 U.S.C. 3371 note), under the matching requirements in
laws in effect on the date before the date of enactment of
such section:  Provided, That the requirements of 7 U.S.C.
450i(b)(9) shall continue to apply.
be used by the Secretary of Agriculture, acting through the
Food and Nutrition Service, to commence any new research and
evaluation projects until the Secretary submits to the
Committees on Appropriations of both Houses of Congress a
research and evaluation plan for fiscal year 2018, prepared
in coordination with the Research, Education, and Economics
mission area of the Department of Agriculture, and a period
of 30 days beginning on the date of the submission of the
plan expires to permit Congressional review of the plan.
Sec. 732.  In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
be used to propose, promulgate, or implement any rule, or
take any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
be used to notify a sponsor or otherwise acknowledge receipt
of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or
section 351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) in research in which a human embryo is
intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption
may not go into effect.
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and
risk-based preventive control requirements of the current
good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
Sec. 736. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as
applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the
Animal Welfare Act (7 U.S.C. 2133), or the renewal of such
licenses, to class B dealers who sell dogs and cats for use
in research, experiments, teaching, or testing.
Sec. 738.  No partially hydrogenated oils as defined in the
order published by the Food and Drug Administration in the
Federal Register on June 17, 2015 (80 Fed. Reg. 34650 et
seq.) shall be deemed unsafe within the meaning of section
409(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
348(a)) and no food that is introduced or delivered for
introduction into interstate commerce that bears or contains
a partially hydrogenated oil shall be deemed adulterated
under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act by
virtue of bearing or containing a partially hydrogenated oil
until the compliance date as specified in such order (June
18, 2018).
Sec. 739.  The Secretary may charge a fee for lenders to
access Department loan guarantee systems in connection with
such lenders' participation in loan guarantee programs of the
Rural Housing Service:  Provided, That the funds collected
from such fees shall be made available to the Secretary
without further appropriation and such funds shall be
deposited into the Rural Development Salaries and Expense
Account and shall remain available until expended for
obligation and expenditure by the Secretary for
administrative expenses of the Rural Housing Service Loan
Guarantee Program in addition to other available funds:
Provided further, That such fees collected shall not exceed
$50 per loan.
unless such network blocks the viewing, downloading, and
exchanging of pornography.
Sec. 741.  Of the unobligated balances from amounts made
available for the special supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $600,000,000 are rescinded.
Sec. 742. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project 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.
(2) In this section, the term ``iron and steel products''
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
States in sufficient and reasonably available quantities or
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary or the designee concerning the request, and shall
allow for informal public input on the request for at least
15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each federally
recognized Indian tribe.
Sec. 743. (a) For the period beginning on the date of
enactment of this Act through school year 2018-2019, with
respect to the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) or the school breakfast program established under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and
final regulations published by the Department of Agriculture
in the Federal Register on January 26, 2012 (77 Fed. Reg.
4088 et seq.), the Secretary of Agriculture shall allow
States to grant an exemption from the whole grain
requirements that took effect on or after July 1, 2014, and
the States shall establish a process for evaluating and
responding, in a reasonable amount of time, to requests for
an exemption:  Provided, That school food authorities
demonstrate hardship, including financial hardship, in
procuring specific whole grain products which are acceptable
to the students and compliant with the whole grain-rich
requirements:  Provided further, That school food authorities
shall comply with the applicable grain component or standard
with respect to the school lunch or school breakfast program
that was in effect prior to July 1, 2014.
(b) For the period beginning on the date of enactment of
this Act through school year 2018-2019, none of the funds
personnel to implement any regulations under the Richard B.
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the
Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296),
or any other law that would require a reduction in the
quantity of sodium contained in federally reimbursed meals,
foods, and snacks sold in schools below Target 1 (as
described in section 220.8(f)(3) of title 7, Code of Federal
Regulations (or successor regulations)).
(c) For the period beginning on the date of enactment of
this Act through school year 2018-2019, notwithstanding any
other provision of law, the Secretary shall allow States to
grant special exemptions for the service of flavored, low-fat
fluid milk in the school lunch program established under the
et seq.) and the school breakfast program established under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 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.  Of the total amounts made available by this Act
for direct loans and grants in the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Economic Infrastructure Grants'';
``Rural Housing Service--Rural Community Facilities Program
Account''; ``Rural Business-Cooperative Service--Rural
Business Program Account''; ``Rural Business-Cooperative
Service--Rural Economic Development Loans Program Account'';
``Rural Business-Cooperative Service--Rural Cooperative
Development Grants''; ``Rural Utilities Service--Rural Water
and Waste Disposal Program Account''; and ``Rural Utilities
Service--Rural Electrification and Telecommunications Loans
Program Account'', at least 10 percent of the funds shall be
allocated for assistance in persistent poverty counties under
this section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent:  Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1980,
1990, and 2000 decennial censuses, and 2007-2011 American
Community Survey 5-year average:  Provided further, That with
respect to specific activities for which program levels have
been made available by this Act that are not supported by
budget authority, the requirements of this section shall be
applied to such program level.
Sec. 745.  For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 746.  None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as defined in section 278.1(b)(1)(ii)(C)
of title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, 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 as published on December 15, 2016:
Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers
that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-
79).
be used by the Food and Drug Administration 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 date on which a
dietary reference intake report with respect to sodium is
Sec. 749.  The Secretary of Agriculture and the Secretary's
designees are hereby granted the same access to information
and subject to the same requirements applicable to the
Secretary of Housing and Urban Development as provided in
section 453 of the Social Security Act (42 U.S.C. 653) and
section 6103(1)(7)(D)(ix) of the Internal Revenue Code of
1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to verify the income for
individuals participating in sections 502, 504, 521, and 524
of the Housing Act of 1949 (42 U.S.C. 1972, 1474, 1490a, and
1490r), notwithstanding section 453(l)(1) of the Social
Security Act.
available to carry out section 6407 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107a), $8,000,000 are
rescinded.
Commodity Futures Trading Commission by this Act or any other
Act in the current fiscal year or any other fiscal year may
be used to pay the salaries and expenses of personnel to
lower the de minimis quantity of swap dealing established
under section 1a(49)(D) of the Commodity Exchange Act (7
U.S.C. 1a(49)(D)) to less than $8,000,000,000.
Sec. 752.  None of the funds made available by this Act or
any other Act in the current fiscal year or any other fiscal
year may be used to implement, administer, or enforce the
final rule with the regulation identifier number 0910-AG38
published by the Food and Drug Administration in the Federal
Register on May 10, 2016 (81 Fed. Reg. 28974) with respect to
traditional large and premium cigars. For the purposes of
this section, the term ``traditional large and premium
cigar'' means--
(1) any roll of tobacco that is wrapped in 100 percent leaf
tobacco, is bunched with 100 percent tobacco filler, contains
no filter, tip, or non-tobacco mouthpiece, weighs at least 6
pounds per 1,000 count, and--
(A) has a 100 percent leaf tobacco binder and is hand
rolled;
(B) has a 100 percent leaf tobacco binder and is made using
human hands to lay the leaf tobacco wrapper or binder onto
only one machine
that bunches, wraps, and caps each individual cigar; or
(C) has a homogenized tobacco leaf binder and is made in
the United States using human hands to lay the 100 percent
leaf tobacco wrapper onto only one machine that bunches,
wraps, and caps each individual cigar; and
(2) is not a cigarette or a little cigar (as such terms are
defined in paragraphs (3) and (11), respectively, of section
900 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
387)).
Sec. 753. (a) None of the funds appropriated or otherwise
made available by this Act or any other Act with respect to
any fiscal year may, for each tobacco product which the
Secretary of Health and Human Services by regulation under
section 901(b) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387a(b)) deems to be subject to chapter IX of such
Act, be used to treat--
(1) any reference in sections 905(j) or 910(a) of such Act
(21 U.S.C. 387e(j), 387j(a)) to February 15, 2007, as other
than a reference to the effective date of the regulation
under which the tobacco product is deemed to be subject to
the requirements of such chapter pursuant to section 901(b)
of such Act (21 U.S.C. 387a(b)); and
(2) any reference in such sections to 21 months after the
date of enactment of the Family Smoking Prevention and
Tobacco Control Act as other than a reference to 21 months
after the effective date of such deeming regulation.
(b)(1) Notwithstanding any other provision of law, not
later than 21 months after the date of enactment of this Act,
the Secretary of Health and Human Services shall issue a
notice of proposed rulemaking to establish a product standard
for vapor products pursuant to section 907 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387g) to include but
not limited to--
(A) characterizing flavors; and
(B) batteries.
(2) Notwithstanding any other provision of law, not later
than 36 months after the date of enactment of this Act, the
Secretary shall promulgate a final rule pursuant to such
(c) A vapor product shall be deemed to be misbranded under
section 903(a) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387c(a)) if the advertising with respect to the
vapor product is disseminated by a manufacturer, distributor,
or retailer of the product in a newspaper, magazine,
periodical, or other publication (including any publication
of periodic or limited distribution) other than an adult
(d)(1) A retailer may only sell any vapor product in a
direct face-to-face exchange without the assistance of any
electronic or mechanical device (such as a vending machine).
(2) This subsection shall not apply with respect to sales
of vapor products conducted through--
(A) mail-order; or
(B) a vending machine or self-service display if, with
respect to the facility in which such vending machine or
display is located, the retailer of such products ensures
that no person under 18 years of age is present or permitted
to enter.
(3) A violation of this section is deemed to constitute a
violation of the Federal Food, Drug, and Cosmetic Act
relating to a tobacco product for purposes of section
303(f)(9) of such Act (21 U.S.C. 333(f)(9)).
(e)(1) Not later than 12 months after the date of enactment
of this Act, the Secretary of Health and Human Services shall
promulgate final regulations to require that the labeling of
vapor products contain--
(A) the phrase ``Keep Out of Reach of Children'';
(B) the phrase ``Underage Sale Prohibited''; and
(C) an accurate statement of the nicotine content of the
vapor product.
(2) A vapor product whose label is in violation of the
regulations required by paragraph (1) is deemed to be
misbranded under section 903 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387c).
(f)(1) Every person who owns or operates an establishment
in any State engaged in the retail sale of a vapor product
shall register that establishment with the Secretary of
Health and Human Services within the later of 60 days after
the date of enactment of this Act, or 30 days after first
engaging in such retail sale.
(2) The requirements of this subsection do not apply with
respect to any establishment subject to an active
registration under--
(A) any State law relating to tobacco products; or
(B) section 905 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387e).
(3) The Secretary shall make available for inspection, to
any person so requesting, any registration filed under this
(g) In this section:
(1) The term ``adult publication'' means any newspaper,
magazine, periodical, or other publication--
(A) whose readers younger than 18 years of age constitute
15 percent or less of the total readership as measured by
competent and reliable survey evidence; and
(B) that is read by fewer than 2 million persons younger
than 18 years of age as measured by competent and reliable
survey evidence.
(2) The terms ``label'' and ``labeling'' have the meanings
given to such terms in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(3) The term ``tobacco product'' has the meaning given to
such term in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(4) The term ``vapor product''--
(A) means any non-combustible product that employs a
heating element, power source, electronic circuit, or other
electronic, chemical, or mechanical means, regardless of
shape or size, to produce vapor from nicotine in a solution
or other form;
(B) includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or
device, and any vapor cartridge or other container of
nicotine in a solution or other form; and
(C) does not include any product regulated as a drug or
device by the Food and Drug Administration under chapter V of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et.
seq.).
Sec. 754. (a) No funds shall be used to finalize the
proposed rule entitled ``Eligibility of the People's Republic
of China (PRC) to Export to the United States Poultry
Products from Birds Slaughtered in the PRC'' published in the
Federal Register by the Department of Agriculture on June 16,
2017 (82 Fed. Reg. 27625), unless the Secretary of
Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the U.S.;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry
products comply with all other applicable requirements for
poultry products in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United
States processed poultry products;
(4) conduct re-inspection of such poultry products at
United States ports-of-entry to check the general condition
of such products, for the proper certification and labeling
of such products, and for any damage to such products that
may have occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
with obligations of the United States under any trade
agreement to which the United States is a party.
funds from the Commodity Credit Corporation may be used by
the Secretary of Agriculture or provided to the Department of
Defense to purchase, produce, or defray the costs of purchase
or production of, or develop, facilitate, expedite, or expand
production of, an alternative fuel (under the meaning given
such term by subparagraph (I) of section 32901(a)(1) of title
49, United States Code) for the Department of Defense.
Sec. 757.  For necessary expenses to carry out the
activities described in section 1002(b)(4) of the 21st
Century Cures Act (Public Law 114-255), in addition to
amounts available for such activities under the heading
``Salaries and Expenses'', $60,000,000, to remain available
until expended, is provided for Department of Health and
Human Services--Food and Drug Administration--FDA Innovation
Account: Provided, That amounts appropriated by this section
are appropriated pursuant to section 1002(b)(3) of such Act,
are to be derived from amounts transferred under section
1002(b)(2)(A) of such Act, and may be transferred by the
Secretary of Health and Human Services to other accounts of
the Department of Health and Human Services solely for the
activities described in section 1002(b)(4) such Act: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law.
Sec. 758.  For an additional amount for ``Animal and Plant
Health Inspection Service--Salaries and Expenses'',
$5,500,000, to remain available until September 30, 2019, for
one-time control and management and associate activities
directly related to the multiple-agency response to citrus
greening.
Sec. 759.  There is hereby appropriated $1,000,000, to
remain available until September 30, 2019, for the cost of
loans and grants consistent with section 243 of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6953), for necessary expenses of the Secretary to
support projects under the healthy food financing initiative
that provide access to healthy food in underserved areas, to
create and preserve quality jobs, and to revitalize low-
income communities.
Sec. 760.  The provisions of sections 202 and 320 of H.R.
238, One Hundred Fifteenth Congress (the ``Commodity End-User
Relief Act''), as passed by the House of Representatives on
January 12, 2017, are hereby enacted into law, except that
the amendment made by such section 320 shall be added at the
end of paragraph (47) rather than (48).
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2018''.
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2018, and for other purposes, namely:
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to sections 3702 and 3703 of title 44, United States Code;
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration between
two points abroad, without regard to section 40118 of title
49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space
abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not
to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie
lines, $480,000,000, to remain available until September 30,
2019, of which $13,000,000 is to be derived from fees to be
retained and used by the International Trade Administration,
notwithstanding section 3302 of title 31, United States Code:
Provided, That, of amounts provided under this heading, not
less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities:
Provided further, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
Bureau of Industry and Security
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
families of employees stationed overseas; employment of
citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign
countries; not to exceed $13,500 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22
U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law,
$112,500,000, to remain available until expended:  Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities:  Provided
further, That payments and contributions collected and
accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of
such activities, and for providing information to the public
with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
section 27 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722), $140,000,000, to remain available
until expended, of which $17,000,000 shall be for grants
under such section 27.
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$36,000,000:  Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722), and the Community
Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
Bureau of Economic Analysis
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $96,000,000, to remain available until September
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling,
analyzing, preparing and publishing statistics, provided for
by law, $256,000,000:  Provided, That, from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities:  Provided further, That the Bureau of
the Census shall collect and analyze data for the Annual
Social and Economic Supplement to the Current Population
Survey using the same health insurance questions included in
previous years, in addition to the revised questions
implemented in the Current Population Survey beginning in
February 2014.
periodic censuses and programs
analyzing, preparing and publishing statistics for periodic
censuses and programs provided for by law, $1,251,000,000, to
remain available until September 30, 2019:  Provided, That,
from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities:  Provided
further, That within the amounts appropriated, $2,580,000
shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out
investigations and audits related to the Bureau of the
Census:  Provided further, That not more than 50 percent of
the amounts made available under this heading for information
technology related to 2020 census delivery, including the
Census Enterprise Data Collection and Processing (CEDCaP)
program, may be obligated until the Secretary submits to the
Committees on Appropriations of the House of Representatives
and the Senate a plan for expenditure that: (1) identifies
for each CEDCaP project/investment over $25,000: (A) the
the mission benefits to be realized; (B) the estimated
as maintenance and operations; and (C) key milestones to be
met; (2) details for each project/investment: (A) reasons for
any cost and schedule variances; and (B) top risks and
mitigation strategies; and (3) has been submitted to the
Government Accountability Office.
National Telecommunications and Information Administration
For necessary expenses, as provided for by law, of the
(NTIA), $30,000,000:  Provided, That, notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge
Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees
shall be retained and used as offsetting collections for
costs of such spectrum services, to remain available until
expended:  Provided further, That the Secretary of Commerce
is authorized to retain and use as offsetting collections all
funds transferred, or previously transferred, from other
Government agencies for all costs incurred in
telecommunications research, engineering, and related
activities by the Institute for Telecommunication Sciences of
NTIA, in furtherance of its assigned functions under this
paragraph, and such funds received from other Government
agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until
their expiration.
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO,
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law
are received during fiscal year 2018, so as to result in a
fiscal year 2018 appropriation from the general fund
estimated at $0:  Provided further, That during fiscal year
2018, should the total amount of such offsetting collections
be less than $3,500,000,000 this amount shall be reduced
accordingly:  Provided further, That any amount received in
excess of $3,500,000,000 in fiscal year 2018 and deposited in
the Patent and Trademark Fee Reserve Fund shall remain
available until expended:  Provided further, That the
Director of USPTO shall submit a spending plan to the
and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That any amounts reprogrammed
in accordance with the preceding proviso shall be transferred
to the United States Patent and Trademark Office ``Salaries
and Expenses'' account:  Provided further, That from amounts
provided herein, not to exceed $900 shall be made available
in fiscal year 2018 for official reception and representation
expenses:  Provided further, That in fiscal year 2018 from
the amounts made available for ``Salaries and Expenses'' for
the USPTO, the amounts necessary to pay (1) the difference
between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise
unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees
who are enrolled in Federal Employees Health Benefits (FEHB)
and Federal Employees Group Life Insurance (FEGLI), shall be
transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and
shall be available for the authorized purposes of those
accounts:  Provided further, That any differences between the
present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's
specific use shall be recognized as an imputed cost on
USPTO's financial statements, where applicable:  Provided
further, That, notwithstanding any other provision of law,
all fees and surcharges assessed and collected by USPTO are
available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29):
Provided further, That within the amounts appropriated,
$2,000,000 shall be transferred to the ``Office of Inspector
General'' account for activities associated with carrying out
investigations and audits related to the USPTO.
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology (NIST), $660,000,000, to remain
may be transferred to the ``Working Capital Fund'':
Provided, That not to exceed $5,000 shall be for official
reception and representation expenses:  Provided further,
That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$105,000,000, to remain available until expended, of which
$100,000,000 shall be for the Hollings Manufacturing
Extension Partnership, and of which $5,000,000 shall be for
the National Network for Manufacturing Innovation.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National
Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $100,000,000, to remain available until expended:
Provided, That the Secretary of Commerce shall include in the
budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each
National Institute of Standards and Technology construction
project having a total multi-year program cost of more than
$5,000,000, and simultaneously the budget justification
materials shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years.
operations, research, and facilities
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $3,240,199,000, to remain available until
September 30, 2019, except that funds provided for
cooperative enforcement shall remain available until
September 30, 2020:  Provided, That fees and donations
received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities,
Provided further, That in addition, $144,000,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program, Cooperative
Research, Annual Stock Assessments, Survey and Monitoring
Projects, Interjurisdictional Fisheries Grants, and Fish
Information Networks:  Provided further, That of the
$3,411,699,000 provided for in direct obligations under this
heading, $3,240,199,000 is appropriated from the general
fund, $144,000,000 is provided by transfer and $27,500,000 is
derived from recoveries of prior year obligations:  Provided
further, That any deviation from the amounts designated for
specific activities in the report accompanying this Act, or
any use of deobligated balances of funds provided under this
heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act:  Provided further, That
in addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents' Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,643,110,000, to remain available until September 30, 2020,
except that funds provided for acquisition and construction
of vessels and construction of facilities shall remain
available until expended:  Provided, That of the
heading, $1,643,110,000 is appropriated from the general fund
and $13,000,000 is provided from recoveries of prior year
obligations:  Provided further, That any deviation from the
amounts designated for specific activities in the report
accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this
Act:  Provided further, That the Secretary of Commerce shall
include in budget justification materials that the Secretary
submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) an estimate
for each National Oceanic and Atmospheric Administration
procurement, acquisition or construction project having a
total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary
subsequent fiscal years:  Provided further, That, within the
amounts appropriated, $1,302,000 shall be transferred to the
``Office of Inspector General'' account for activities
associated with carrying out investigations and audits
related to satellite procurement, acquisition and
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2019:  Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants
to the States of Washington, Oregon, Idaho, Nevada,
California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or
endangered, or that are identified by a State as at-risk to
be so listed, for maintaining populations necessary for
exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce:  Provided further,
That all funds shall be allocated based on scientific and
other merit principles and shall not be available for
marketing activities:  Provided further, That funds disbursed
to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of
the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $350,000, to be derived from receipts
collected pursuant to that Act, to remain available until
fisheries disaster assistance
For the necessary expenses associated with the mitigation
of fishery disasters, $20,000,000 to remain available until
expended: Provided, That funds shall be used for mitigating
the effects of commercial fishery failures and fishery
resource disasters as declared by the Secretary of Commerce
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2018, obligations of direct loans
may not exceed $24,000,000 for Individual Fishing Quota loans
and not to exceed $100,000,000 for traditional direct loans
as authorized by the Merchant Marine Act of 1936.
Departmental Management
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed
$4,500 for official reception and representation,
renovation and modernization
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,000,000, to remain
available until expended:  Provided, That the Secretary of
Commerce may transfer up to $8,224,000 to this account from
funds available to the Department of Commerce:  Provided
further, That the transfer authority provided in the first
proviso is in addition to any other transfer authority
contained in this Act:  Provided further, That any transfer
pursuant to the authority provided under this heading shall
be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
of 1978 (5 U.S.C. App.), $32,744,000.
General Provisions--Department of Commerce
Sec. 101.  During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102.  During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
Sec. 103.  Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers:  Provided,
That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce.
Sec. 104.  The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by
section 105 of title I of division B of Public Law 113-6, are
hereby adopted by reference and made applicable with respect
to fiscal year 2018:  Provided, That the life cycle cost for
the Joint Polar Satellite System is $11,322,125,000 and the
life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $10,828,059,000.
Secretary may furnish services (including but not limited to
utilities, telecommunications, and security services)
necessary to support the operation, maintenance, and
improvement of space that persons, firms, or organizations
are authorized, pursuant to the Public Buildings Cooperative
Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of
which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is
authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such
Sec. 106.  Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 107.  The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or
possession, or of any political subdivision thereof, or of
any foreign government or international organization, for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Sec. 108.  The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic
copy of such report or document may be accessed and
downloaded for free online. Should a customer still require
the Service to provide a printed or digital copy of the
report or document, the charge shall be limited to recovering
the Service's cost of processing, reproducing, and delivering
such report or document.
Sec. 109.  To carry out the responsibilities of the
National Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-
reimbursable basis land, services, equipment, personnel, and
facilities provided by; and (3) receive and expend funds made
available on a consensual basis from: a Federal agency, State
or subdivision thereof, local government, tribal government,
territory, or possession or any subdivisions thereof:
Provided, That funds received for permitting and related
regulatory activities pursuant to this section shall be
deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and
Facilities'' and shall remain available until September 30,
2020, for such purposes:  Provided further, That all funds
within this section and their corresponding uses are subject
to section 505 of this Act.
This title may be cited as the ``Department of Commerce
For expenses necessary for the administration of the
Department of Justice, $89,000,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $30,941,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$35,400,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives:  Provided further, That the transfer
authority in the preceding proviso is in addition to any
other transfer authority contained in this Act:  Provided
further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
executive office for immigration review
For expenses necessary for the administration of
immigration-related activities of the Executive Office for
Immigration Review, $504,500,000, of which $4,000,000 shall
be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account:  Provided, That not to exceed
$35,000,000 of the total amount made available under this
heading shall remain available until expended.
$95,583,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
United States Parole Commission
For necessary expenses of the United States Parole
Commission as authorized, $13,000,000:  Provided, That,
notwithstanding any other provision of law, upon the
expiration of a term of office of a Commissioner, the
Commissioner may continue to act until a successor has been
appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of
Columbia, $897,500,000, of which not to exceed $20,000,000
for litigation support contracts shall remain available until
expended:  Provided, That of the amount provided for INTERPOL
Washington dues payments, not to exceed $685,000 shall remain
available until expended:  Provided further, That of the
total amount appropriated, not to exceed $9,000 shall be
available to INTERPOL Washington for official reception and
representation expenses:  Provided further, That of the
amount appropriated, such sums as may be necessary shall be
available to the Civil Rights Division for salaries and
expenses associated with the election monitoring program
under section 8 of the Voting Rights Act of 1965 (52 U.S.C.
10305) and to reimburse the Office of Personnel Management
for such salaries and expenses:  Provided further, That of
the amounts provided under this heading for the election
monitoring program, $3,390,000 shall remain available until
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $10,000,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $163,980,000, to remain available until
expended:  Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $126,000,000 in fiscal year 2018), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
final fiscal year 2018 appropriation from the general fund
estimated at $37,980,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,057,252,000:  Provided, That of the total
amount appropriated, not to exceed $7,200 shall be available
for official reception and representation expenses:  Provided
further, That not to exceed $25,000,000 shall remain
available until expended:  Provided further, That each United
States Attorney shall establish or participate in a task
force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $225,000,000, to remain available
until expended:  Provided, That, notwithstanding any other
provision of law, deposits to the United States Trustee
System Fund and amounts herein appropriated shall be
available in such amounts as may be necessary to pay refunds
due depositors:  Provided further, That, notwithstanding any
other provision of law, fees collected pursuant to section
589a(b) of title 28, United States Code, shall be retained
and used for necessary expenses in this appropriation and
shall remain available until expended:  Provided further,
That to the extent that fees collected in fiscal year 2018,
net of amounts necessary to pay refunds due depositors,
exceed $225,000,000, those excess amounts shall be available
in future fiscal years only to the extent provided in advance
in appropriations Acts:  Provided further, That the sum
herein appropriated from the general fund shall be reduced
(1) as such fees are received during fiscal year 2018, net of
amounts necessary to pay refunds due depositors, (estimated
at $135,000,000) and (2) to the extent that any remaining
general fund appropriations can be derived from amounts
deposited in the Fund in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal
year 2018 appropriation from the general fund estimated at
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $16,000,000
is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness
security caravans; and not to exceed $13,000,000 is for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses:  Provided, That amounts
made available under this heading may not be transferred
pursuant to section 205 of this Act.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$15,000,000:  Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances:  Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code,
$20,514,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
United States Marshals Service
For necessary expenses of the United States Marshals
Service, $1,255,000,000, of which not to exceed $6,000 shall
be available for official reception and representation
expenses, and not to exceed $15,000,000 shall remain
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $10,000,000, to remain available until
federal prisoner detention
For necessary expenses related to United States prisoners
in the custody of the United States Marshals Service as
authorized by section 4013 of title 18, United States Code,
Provided, That not to exceed $20,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to section 4013(b) of title 18, United
States Code:  Provided further, That the United States
Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System:  Provided
further, That any unobligated balances available from funds
appropriated under the heading ``General Administration,
Detention Trustee'' shall be transferred to and merged with
the appropriation under this heading.
National Security Division
National Security Division, $100,000,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended:  Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances:  Provided
further, That any transfer pursuant to the preceding proviso
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking organizations,
transnational organized crime, and money laundering
organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and
drug trafficking, $526,000,000, of which $50,000,000 shall
remain available until expended:  Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $8,814,747,000, of which
not to exceed $216,900,000 shall remain available until
expended:  Provided, That not to exceed $184,500 shall be
available for official reception and representation expenses.
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings, facilities and
sites by purchase, or as otherwise authorized by law;
conversion, modification and extension of federally owned
buildings; preliminary planning and design of projects; and
operation and maintenance of secure work environment
facilities and secure networking capabilities; $51,895,000,
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to section 530C of title 28, United States Code; and expenses
for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs, $2,164,051,000, of
which not to exceed $75,000,000 shall remain available until
expended and not to exceed $90,000 shall be available for
official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and
for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,293,776,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $20,000,000 shall remain
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States
Code: Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations
for relief from Federal firearms disabilities under section
925(c) of title 18, United States Code:  Provided further,
That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of
the Bureau of Alcohol, Tobacco, Firearms and Explosives to
other agencies or Departments.
Federal Prison System
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, and for the provision of
technical assistance and advice on corrections related issues
to foreign governments, $7,070,248,000:  Provided, That the
Attorney General may transfer to the Department of Health and
Human Services such amounts as may be necessary for direct
expenditures by that Department for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the Federal Prison System, furnish health services to
individuals committed to the custody of the Federal Prison
System:  Provided further, That not to exceed $5,400
shall be available for official reception and representation
expenses:  Provided further, That not to exceed $50,000,000
shall remain available for necessary operations until
September 30, 2019:  Provided further, That, of the amounts
provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements,
and other expenses:  Provided further, That the Director of
the Federal Prison System may accept donated property and
services relating to the operation of the prison card program
from a not-for-profit entity which has operated such program
in the past, notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-
release services, halfway houses, or other custodial
facilities.
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $95,000,000, to remain available until expended:
Provided, That labor of United States prisoners may be used
for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims
of Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) (``the 2000 Act''); the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and the Rape Survivor Child Custody Act of 2015
(Public Law 114-22) (``the 2015 Act''); and for related
victims services, $527,000,000, to remain available until
expended: Provided, That except as otherwise provided by law,
not to exceed 5 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That of
the amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $30,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $3,500,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office
of Justice Programs;
(4) $11,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013
Act, shall be available for this program: Provided further,
That 10 percent of the total amount available for this grant
program shall be available for grants under the program
authorized by section 2015 of the 1968 Act: Provided further,
That the definitions and grant conditions in section 40002 of
the 1994 Act shall apply to this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $35,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000
Act: Provided, That unobligated balances available for the
programs authorized by section 1301 of the 2000 Act and
section 41002 of the 1994 Act, prior to their amendment by
the 2013 Act, shall be available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
(13) $500,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be transferred
to ``Research, Evaluation and Statistics'' for administration
by the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to
sexual assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments;
(17) $45,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public
Law 106-386, for programs authorized under Public Law 109-
164, or programs authorized under Public Law 113-4; and
(18) $1,500,000 for the purposes authorized under the 2015
Office of Justice Programs
research, evaluation and statistics
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); subtitle D
of title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); and other programs, $83,000,000,
to remain available until expended, of which--
(1) $44,500,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act; and
(2) $38,500,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act.
state and local law enforcement assistance
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Public Safety Officer Medal
of Valor Act of 2001 (Public Law 107-12); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources
and Organization for Intellectual Property Act of 2008
(Public Law 110-403); the Victims of Crime Act of 1984
(Public Law 98-473); the Violence Against Women
Act''); the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198) (``CARA''); and other programs,
$1,143,500,000, to remain available until expended as
follows--
(1) $500,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1, $10,000,000
is for the Officer Robert Wilson III Memorial Initiative on
Preventing Violence Against Law Enforcement Officer
Resilience and Survivability (VALOR), $4,000,000 is for use
by the National Institute of Justice for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention,
$2,000,000 is for a program to improve juvenile indigent
defense, $2,400,000 is for the operationalization,
maintenance and expansion of the National Missing and
Unidentified Persons System, $10,000,000 is for competitive
evidence-based programs to reduce gun crime and gang
violence, $2,500,000 is for the Capital Litigation
Improvement Grant Program, as authorized by section 426 of
Public Law 108-405 and for grants for wrongful conviction
review, $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government,
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79), and $10,000,000
is for white collar crime prevention grants, including as
authorized by section 401 of Public Law 110-403;
(2) $220,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(4) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act;
(5) $1,000,000 for the National Sex Offender Public
Website;
(6) $73,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System;
(7) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $4,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
(8) $9,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(9) $118,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid abuse
reduction consistent with underlying program authorities--
(A) $43,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $12,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act;
(C) $12,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
(D) $7,000,000 for a veterans treatment courts program; and
(E) $14,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(10) $10,000,000 for emergency law enforcement assistance
for events occurring during or after fiscal year 2018, as
authorized by section 609M of the Justice Assistance Act of
1984 (42 U.S.C. 10501; Public Law 98-473); and
(11) $45,000,000 for the Comprehensive School Safety
Initiative:
Provided, That, if a unit of local government uses any of
the funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service.
juvenile justice programs
assistance, the following amounts are made available until
expended--
(1) $75,000,000 for youth mentoring grants;
(2) $21,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(3) $72,500,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the Juvenile Justice and Delinquency Prevention Act
of 1974 (except that section 102(b)(4)(B) of the PROTECT Our
Children Act of 2008 (Public Law 110-401) shall not apply for
purposes of this Act); and
(4) $2,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the Victims of Child Abuse Act of 1990.
public safety officer benefits
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs), to remain available until
expended; and $16,300,000 for payments authorized by section
1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for such
disability and education payments, the Attorney General may
transfer such amounts to ``Public Safety Officer Benefits''
from available appropriations for the Department of Justice
as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the preceding
proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Community Oriented Policing Services
community oriented policing services programs
expended: Provided, That any balances made available through
prior year deobligations shall only be available in
accordance with section 505 of this Act--
(1) $11,000,000 for anti-methamphetamine-related
activities, which shall be transferred to the Drug
Enforcement Administration upon enactment of this Act;
(2) $10,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $65,000,000 for initiatives to improve police-community
relations, as described in the report accompanying this Act;
(4) $68,000,000 for offender reentry programs and research,
as authorized by the Second Chance Act of 2007 (Public Law
110-199), without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed $5,000,000
is for Children of Incarcerated Parents Demonstrations to
enhance and maintain parental and family relationships for
incarcerated parents as a reentry or recidivism reduction
strategy, and $2,000,000 shall be for competitive grants
focusing on girls in the juvenile justice system;
(5) $45,000,000 for a grant program for community-based
sexual assault response reform; and
(6) $35,000,000 is for regional information sharing
activities, as authorized by part M of title I of the Omnibus
Crime Control and Safe Streets Act of 1968.
General Provisions--Department of Justice
Sec. 201.  In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202.  None of the funds appropriated by this title
shall be available 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:  Provided,
That should this prohibition be declared unconstitutional by
a court of competent jurisdiction, this section shall be null
and void.
Sec. 203.  None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204.  Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility:  Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers:  Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
Sec. 206.  None of the funds made available under this
title may be used by the Federal Bureau of Prisons or the
United States Marshals Service for the purpose of
transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 207. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media
or equipment for inmate training, religious, or educational
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information
technology program has appropriate program management
controls and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 209.  The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and in the report accompanying this Act, and to any use
of deobligated balances of funds provided under this title in
previous years.
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of Federal Prison Industries,
Incorporated.
Sec. 211.  Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of section 545 of title 28, United
Sec. 212.  At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this title under the headings
``Research, Evaluation and Statistics'', ``State and Local
Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical
assistance; and
(2) up to 3 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation, or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs.
Sec. 213.  In addition to any amounts that otherwise may be
available (or authorized to be made available) by law, 7
percent of funds made available for grant or reimbursement
programs--
(1) under the heading ``State and Local Law Enforcement
Assistance'' (except for funds made available under paragraph
(2) under such heading); and
(2) under the headings ``Juvenile Justice Programs''
(except for funds made available under paragraph (3) under
such heading) and ``Community Oriented Policing Services
Programs'', to be transferred to and merged with funds made
available under the heading ``State and Local Law Enforcement
Assistance'',
shall be available for assistance to Indian tribes without
regard to the authorizations for such grant or reimbursement
section 20109(a) of subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709(a)) shall not apply to amounts made available by this
or any other Act.
Sec. 215.  None of the funds made available under this or
any other Act, for fiscal year 2018 and each fiscal year
thereafter, other than for the national instant criminal
background check system established under section 103 of the
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note),
may be used by a Federal law enforcement officer to
facilitate the transfer of an operable firearm to an
individual if the Federal law enforcement officer knows or
suspects that the individual is an agent of a drug cartel,
unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2018, except up
to $40,000,000 may be obligated for implementation of a
unified Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of
Justice Working Capital Fund pursuant to title I of Public
available for obligation in fiscal year 2018, and any use,
obligation, transfer or allocation of such funds shall be
treated as a reprogramming of funds under section 505 of this
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2018, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming
of funds under section 505 of this Act.
This title may be cited as the ``Department of Justice
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
Provided, That the formulation and development costs (with
development cost as defined under section 30104 of title 51,
United States Code) for the James Webb Space Telescope shall
not exceed $8,000,000,000:  Provided further, That should the
individual identified under subsection (c)(2)(E) of section
30104 of title 51, United States Code, as responsible for the
James Webb Space Telescope determine that the development
cost of the program is likely to exceed that limitation, the
individual shall immediately notify the Administrator and the
increase shall be treated as if it meets the 30 percent
threshold described in subsection (f) of section 30104:
Provided further, That, of the amounts provided, $495,000,000
is for an orbiter and a lander to meet the science goals for
the Jupiter Europa mission as outlined in the most recent
planetary science decadal survey:  Provided further, That the
National Aeronautics and Space Administration shall use the
Space Launch System as the launch vehicles for the Jupiter
Europa mission, plan for an orbiter launch no later than 2022
and a lander launch no later than 2024, and include in the
fiscal year 2019 budget the 5-year funding profile necessary
to achieve these goals.
conduct and support of aeronautics research and development
$660,000,000, to remain available until September 30, 2019.
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $686,500,000, to remain available until September
conduct and support of exploration research and development
Provided, That not less than $1,350,000,000 shall be for the
Orion Multi-Purpose Crew Vehicle:  Provided further, That not
less than $2,150,000,000 shall be for the Space Launch System
(SLS) launch vehicle, which shall have a lift capability not
less than 130 metric tons and which shall have core elements
and an Exploration Upper Stage developed simultaneously:
Provided further, That of the amounts provided for SLS, not
less than $300,000,000 shall be for Exploration Upper Stage
development:  Provided further, That $600,000,000 shall be
for exploration ground systems:  Provided further, That the
National Aeronautics and Space Administration (NASA) shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate, concurrent with the annual
budget submission, a 5-year budget profile for an integrated
budget that includes the Space Launch System, the Orion
Multi-Purpose Crew Vehicle, and associated ground systems,
that will meet the Exploration Mission 2 (EM-2) management
agreement launch date of no later than 2021 at a success
level equal to the Agency Baseline Commitment for EM-2 of the
Orion Multi-Purpose Crew Vehicle:  Provided further, That
$450,000,000 shall be for exploration research and
conduct and support of space operations research and
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
motor vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$4,676,634,000, to remain available until September 30, 2019.
conduct and support of aerospace and aeronautical education
operations, support, and services; program management;
aircraft, $90,000,000, to remain available until September
30, 2019, of which $18,000,000 shall be for the Experimental
Program to Stimulate Competitive Research and $40,000,000
shall be for the National Space Grant College and Fellowship
safety, security and mission services
conduct and support of science, aeronautics, space
technology, exploration, space operations and education
research and development activities, including research,
development, operations, support, and services; maintenance
and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$63,000 for official reception and representation expenses;
and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $2,826,200,000, to
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration, $486,100,000, to remain available
until September 30, 2023:  Provided, That proceeds from
leases deposited into this account shall be available for a
period of 5 years to the extent and in amounts as provided in
annual appropriations Acts:  Provided further, That such
proceeds referred to in the preceding proviso shall be
available for obligation for fiscal year 2018 in an amount
not to exceed $9,470,300:  Provided further, That each annual
budget request shall include an annual estimate of gross
receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United
in carrying out the Inspector General Act of 1978,
$37,900,000, of which $500,000 shall remain available until
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
than 10 percent by any such transfers, except that
``Construction and Environmental Compliance and Restoration''
may be increased up to 20 percent by such transfers. Balances
so transferred shall be merged with and available for the
same purposes and the same time period as the appropriations
to which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as
compliance with the procedures set forth in that section.
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public
Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized
by section 3109 of title 5, United States Code; maintenance
and operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $6,033,645,000, to remain available until September
30, 2019, of which not to exceed $544,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and
other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $77,800,000, to remain
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as
authorized travel, and rental of conference rooms in the
District of Columbia, $880,000,000, to remain available until
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor
vehicles; uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; rental
of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for
security guard services; $328,510,000:  Provided, That not to
exceed $8,280 is for official reception and representation
expenses:  Provided further, That contracts may be entered
into under this heading in fiscal year 2018 for maintenance
and operation of facilities and for other services to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000:  Provided, That not to exceed $2,500 shall be
as authorized by the Inspector General Act of 1978,
for the current fiscal year for the National Science
Foundation in this Act may be transferred between such
by more than 15 percent by any such transfers. Any transfer
pursuant to this paragraph shall be treated as a
The Director of the National Science Foundation shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the
National Science Foundation.
This title may be cited as the ``Science Appropriations
Commission on Civil Rights
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,183,000:
Provided, That none of the funds appropriated in this
paragraph may be used to employ any individuals under
Schedule C of subpart C of part 213 of title 5 of the Code of
Federal Regulations exclusive of one special assistant for
each Commissioner:  Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days:  Provided further, That none of the funds appropriated
in this paragraph shall be used for any activity or expense
that is not explicitly authorized by section 3 of the Civil
Rights Commission Act of 1983 (42 U.S.C. 1975a).
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, section 501 of the Rehabilitation Act of 1973,
the Civil Rights Act of 1991, the Genetic Information
Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the
Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by section 3109 of title 5,
United States Code; hire of passenger motor vehicles as
authorized by section 1343(b) of title 31, United States
Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement
agencies for authorized services to the Commission,
$363,807,000:  Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds:  Provided
further, That the Chair is authorized to accept and use any
gift or donation to carry out the work of the Commission.
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by section 3109 of title 5, United
States Code, and not to exceed $2,250 for official reception
and representation expenses, $92,500,000, to remain available
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$300,000,000, of which $267,000,000 is for basic field
programs and required independent audits; $5,000,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $19,000,000 is for management and grants
oversight; $4,000,000 is for client self-help and information
technology; $4,000,000 is for a Pro Bono Innovation Fund; and
$1,000,000 is for loan repayment assistance:  Provided, That
the Legal Services Corporation may continue to provide
locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5,
United States Code, notwithstanding section 1005(d) of the
Legal Services Corporation Act (42 U.S.C. 2996(d)):  Provided
further, That the authorities provided in section 205 of this
Act shall be applicable to the Legal Services Corporation:
Provided further, That, for the purposes of section 505 of
this Act, the Legal Services Corporation shall be considered
an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2017 and 2018, respectively.
Marine Mammal Commission
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $3,431,000.
Office of the United States Trade Representative
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
expended:  Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including
transfers, $15,000,000, to be derived from the Trade
Enforcement Trust Fund: Provided, That any transfer pursuant
to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $5,111,000, of which $500,000 shall
remain available until September 30, 2019:  Provided, That
not to exceed $2,250 shall be available for official
That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United
States Government.
(including rescissions)
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 503.  The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such 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. 504.  If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505.  None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
expenditure in fiscal year 2018, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program,
project or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees;
(5) reorganizes or renames offices, programs or activities;
presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of
$500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing
programs, projects or activities as approved by Congress;
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made
available by this Act shall be used to purchase items that
are manufactured, produced, or assembled in the United
States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a quarterly report on the status of balances of
appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the
quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which
the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately
identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508.  Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act:  Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
with the procedures set forth in that section:  Provided
further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection
of loan collateral or grant property.
Sec. 509.  None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek 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. 510.  None of the funds made available in this Act may
be used to pay the salaries and expenses of personnel of the
Department of Justice to obligate more than $4,632,000,000
during fiscal year 2018 from the fund established by section
1402 of Public Law 98-473 (42 U.S.C. 10601): Provided, That
notwithstanding such section 1402(d), of the amounts
available from the Fund for obligation, 5 percent shall be
available for grants to Indian tribal governments to improve
services and justice for victims of crime.
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 513.  Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire
a high-impact or moderate-impact information system, as
defined for security categorization in the National Institute
of Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
and the agency Inspector General.
Sec. 515.  None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 516. (a) Notwithstanding any other provision of law or
treaty, in fiscal year 2018 and each fiscal year thereafter,
none of the funds appropriated or otherwise made available
under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United
States to pay administrative expenses or to compensate an
officer or employee of the United States in connection with
requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 517.  Notwithstanding any other provision of law, in
fiscal year 2018 and each fiscal year thereafter, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
Australia Free Trade Agreement; or
Morocco Free Trade Agreement.
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair
Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by
these Acts.
Sec. 520.  If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent or more, the program manager shall immediately inform
the respective Secretary, Administrator, or Director. The
Secretary, Administrator, or Director shall notify the House
and Senate Committees on Appropriations within 30 days in
writing of such increase, and shall include in such notice:
the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed
to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and
the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new
estimates of the total project or procurement costs; and a
statement validating that the project's management structure
is adequate to control total project or procurement costs.
Sec. 521.  Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2018 until the enactment of the
Intelligence Authorization Act for fiscal year 2018.
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescissions)
Sec. 523. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the
following funds are hereby rescinded, not later than
September 30, 2018, from the following accounts in the
specified amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $47,000,000; and
(2) ``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'', $20,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not
later than September 30, 2018, from the following accounts in
the specified amounts--
(1) ``Working Capital Fund'', $409,834,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $195,000,000 from fees collected to defray
expenses for the automation of fingerprint identification and
criminal justice information services and associated costs;
(3) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $17,500,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $60,000,000;
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $17,500,000;
(6) ``Legal Activities, Assets Forfeiture Fund'',
$304,000,000 is permanently rescinded; and
Expenses'', $53,365,000.
(c) The Departments of Commerce and Justice shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report no later than
September 1, 2018, specifying the amount of each rescission
made pursuant to subsections (a) and (b), and the Department
of Justice shall ensure that sufficient balances are
available in the ``Working Capital Fund'' to rescind the
amount specified in subsection (b) and shall transfer
unobligated balances from discretionary appropriations
(except from ``Federal Bureau of Investigation, Salaries and
Expenses'', ``Fees and Expenses of Witnesses'', ``Public
Safety Officer Benefits'', and amounts that were designated
by the Congress
as an emergency or disaster relief requirement pursuant to a
concurrent resolution on the budget or section 251(b)(2) of
the Balanced Budget and Emergency Deficit Control Act of
1985) made available in this Act to the Department into the
``Working Capital Fund'' if necessary to meet the amount
specified in subsection (b) and this transfer authority is in
addition to any other transfer authority contained in this
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who
are stationed in the United States, at any single conference
occurring outside the United States unless such conference is
a law enforcement training or operational conference for law
enforcement personnel and the majority of Federal employees
in attendance are law enforcement personnel stationed outside
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Sec. 528.  The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department,
agency, or instrumentality and the total finances that have
not been obligated to a specific project remaining in the
accounts.
Sec. 529. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA) or the Office of Science and Technology
Policy (OSTP) to develop, design, plan, promulgate,
implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-
owned company unless such activities are specifically
authorized by a law enacted after the date of enactment of
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors
at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA or OSTP, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of
the activity, its agenda, its major participants, and its
location and timing.
other Act, for fiscal year 2018 and each fiscal year
thereafter, may be used to pay the salaries or expenses of
personnel to deny, or fail to act on, an application for the
importation of any model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 532.  The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, and the State Justice
Institute shall submit spending plans, signed by the
respective department or agency head, to the Committees on
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 534.  The Department of Commerce, the National
Aeronautics and Space Administration, and the National
Science Foundation shall provide a quarterly report to the
and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose
of such travel.
Sec. 535.  Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the
Public Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties:  Provided,
and the most recent Small Area Income and Poverty Estimates.
be used to approve the registration or renewal of, or
maintain the registration of, a mark, trade name, or
commercial name, under the Act entitled ``An Act to provide
for the registration and protection of trademarks used in
commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved
July 6, 1946 (commonly referred to as the ``Trademark Act of
1946''; 15 U.S.C. 1051 et seq.), including the receipt or
acceptance of post-registration affidavits or declarations,
where such mark, trade name, or commercial name 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 confiscated, as that term is defined in section
4(4) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6023(4)), unless the
original owner of the mark, trade name, or commercial name,
or the bona-fide successor-in-interest has expressly
consented.
be used to require a person licensed under section 923 of
title 18, United States Code, to report information to the
Department of Justice regarding the sale of multiple rifles
or shotguns to the same person.
Sec. 538. (a) A State may bring a civil action against the
United States in an appropriate United States district court
for such declaratory and injunctive relief (including
preliminary injunctive relief) as may be necessary to restore
the sovereignty reserved to the States by the Constitution.
It shall be duty of the courts of the United States to
advance on the docket and to expedite to the greatest
possible extent the disposition of any such action.
(b) This section shall take effect on the date of enactment
of this Act and continue in effect through all fiscal years
be used to relocate the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) Canine Training Center or the ATF
National Canine Division.
be used to enter into a civil settlement agreement on behalf
of the United States that includes a term requiring that any
donation be made to any non-party by any party-defendant to
such agreement.
be 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
June 3, 2016 (81 Fed. Reg. 35701).
be used by the Equal Employment Opportunity Commission for
the ``collection of information'', as defined in the
Paperwork Reduction Act (44 U.S.C. Sec.  3502(3)(A)), from
employers relating to employees' earnings and hours worked,
as set forth in and designated as Component 2 by the notice
published by the Commission on July 14, 2016, in the Federal
Register (81 Fed. Reg. 45479), or for any final ``collection
of information'' related to such earnings and hours worked
and to such notice.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2018''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2018
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to Puerto Rico; and Treasury-
wide management policies and programs activities,
$201,751,000:  Provided, That of the amount appropriated
under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2019, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and
Compliance Policy, including entering into cooperative
agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
office of terrorism and financial intelligence
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
money launderers, drug kingpins, and other national security
threats, $123,000,000:  Provided, That of the amount
appropriated under this heading: (1) up to $28,000,000 may be
transferred to the Departmental Offices Salaries and Expenses
appropriation and shall be available for administrative
support to the Office of Terrorism and Financial
Intelligence; and (2) up to $5,000,000 shall remain available
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$27,264,000, to remain available until September 30, 2020:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity:  Provided further, That the Chief
Information Officer of the individual offices and bureaus
shall submit a spend plan for each investment to the Treasury
Chief Information Officer for approval:  Provided further,
That the submitted spend plan shall be reviewed and approved
by the Treasury Chief Information Officer prior to the
obligation of funds under this heading:  Provided further,
That of the total amount made available under this heading
$1,000,000 shall be available for administrative expenses for
the Treasury Chief Information Officer to provide oversight
of the investments made under this heading:  Provided
further, That such funds shall supplement and not supplant
any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $3,077,000, to remain available until September 30,
2020:  Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations:  Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act:  Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
of 1978, $34,112,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2019, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed
$1,000 shall be available for official reception and
representation expenses.
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
$165,113,000, of which $5,000,000 shall remain available
until September 30, 2019; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not
to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
special inspector general for the troubled asset relief program
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $37,044,000.
Financial Crimes Enforcement Network
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $10,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$115,003,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2020.
Treasury Forfeiture Fund
Of the unobligated balances available under this heading,
$876,000,000 are hereby permanently rescinded not later than
(including return of funds)
In addition, of amounts in the Treasury Forfeiture Fund,
$38,800,000 from funds paid to the United States Government
by BNP Paribas S.A. as part of, or related to, a plea
agreement dated June 27, 2014, entered into between the
Department of Justice and BNP Paribas S.A., and subject to a
consent order entered by the United States District Court for
the Southern District of New York on May 1, 2015, in United
States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.), are hereby
returned to the general fund of the Treasury.
Bureau of the Fiscal Service
For necessary expenses of operations of the Bureau of the
Fiscal Service, $330,837,000; of which not to exceed
$4,210,000, to remain available until September 30, 2020, is
for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $111,439,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement:  Provided, That of the amount appropriated
under this heading, $5,000,000 shall be for the costs of
accelerating the processing of formula and label
applications:  Provided further, That of the amount
appropriated under this heading, $5,000,000, to remain
available until September 30, 2019, shall be for the costs
associated with enforcement of the trade practice provisions
of the Federal Alcohol Administration Act (27 U.S.C. 201 et
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments:  Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2018 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvement Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-3, $190,000,000. Of the amount appropriated under
this heading--
(1) not less than $137,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, and section 108(d) of Public
Law 103-325 (12 U.S.C. 4707(d)) shall not apply with respect
to financial assistance in the form of direct loans, is
available until September 30, 2019, for financial assistance
and technical assistance under subparagraphs (A) and (B) of
section 108(a)(1), respectively, of Public Law 103-325 (12
U.S.C. 4707(a)(1)(A) and (B)), of which up to $5,896,000 may
be used for the cost of direct loans, and of which up to
$3,000,000, subsection (d) of section 108 of Public Law 103-
325 (12 U.S.C. 4707 (d)) shall not apply to the use of such
funds, may be available to provide financial assistance,
technical assistance, training and outreach to community
development financial institutions to expand investments that
benefit individuals with disabilities: Provided, That the
cost of direct and guaranteed loans, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$50,000,000;
(2) not less than $15,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2019, for financial assistance,
technical assistance, training and outreach programs designed
to benefit Native American, Native Hawaiian, and Native
Alaskan communities and provided primarily through qualified
community development lender organizations with experience
and expertise in community development banking and lending in
Indian country, Native American organizations, tribes and
tribal organizations, and other suitable providers;
(3) not less than $15,000,000 is available until September
30, 2019, for the Bank Enterprise Award program;
(4) up to $23,000,000 is available until September 30,
2018, for administrative expenses, including administration
of CDFI fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for development of tools
to better assess and inform CDFI investment performance, and
up to $300,000 is for administrative expenses to carry out
the direct loan program; and
(5) during fiscal year 2018, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a):  Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000:  Provided further, That
such section 114A shall remain in effect until September 30,
2018:  Provided further, That of the funds awarded under this
heading, not less than 10 percent shall be used for awards
that support investments that serve populations living in
persistent poverty counties:  Provided further, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more
of its population living in poverty over the past 30 years,
as measured by the 1990 and 2000 decennial censuses and the
most recent series of 5-year data available from the American
Community Survey from the Census Bureau.
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,315,754,000, of which $8,890,000 shall be for the Tax
Counseling for the Elderly Program; of which $12,000,000
shall be available for low-income taxpayer clinic grants; of
which $15,000,000, to remain available until September 30,
2019, shall be available for a Community Volunteer Income Tax
Assistance matching grants program for tax return preparation
assistance, of which not less than $206,000,000 shall be
available for operating expenses of the Taxpayer Advocate
Service:  Provided, That of the amounts made available for
the Taxpayer Advocate Service, not less than $5,000,000 shall
be for identity theft casework.
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,810,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2019,
and of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program.
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage;
physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the
operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner;
$3,850,189,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2019; of which not to
exceed $10,000,000 shall remain available until expended for
acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2020, for
research; of which not to exceed $20,000 shall be for
official reception and representation expenses:  Provided,
That not later than 30 days after the end of each quarter,
the Internal Revenue Service shall submit a report to the
and the Senate and the Comptroller General of the United
States detailing the cost and schedule performance for its
major information technology investments, including the
purpose and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such
investments and strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the
next quarter:  Provided further, That the Internal Revenue
Service shall include, in its budget justification for fiscal
year 2019, a summary of cost and schedule performance
information for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $110,000,000, to
remain available until September 30, 2020, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109:  Provided, That not later than
30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
and the Comptroller General of the United States detailing
the cost and schedule performance for CADE 2 and Return Renew
Program information technology investments, including the
purposes and life-cycle stages of the investments; the
reasons for any cost and schedule variances; the risks of
such investments and the strategies the Internal Revenue
Service is using to mitigate such risks; and the expected
developmental milestones to be achieved and costs to be
incurred in the next quarter.
administrative provisions--internal revenue service
made available in this Act to the Internal Revenue Service
may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Sec. 102.  The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103.  The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104.  Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 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.  None of the funds made available to the Internal
Revenue Service by this Act may be used to make a video
unless the Service-Wide Video Editorial Board determines in
advance that making the video is appropriate, taking into
account the cost, topic, tone, and purpose of the video.
Sec. 106.  The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall 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.  None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
be used by the Internal Revenue
Service to target groups for regulatory scrutiny based on
their ideological beliefs.
Sec. 109.  None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 110.  None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program
or process takes into account the conduct and Federal tax
compliance of such employee or former employee.
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
be used by the Internal Revenue Service to implement or
enforce section 5000A of the Internal Revenue Code of 1986,
section 6055 of such Code, section 1502(c) of the Patient
Protection and Affordable Care Act (Public Law 111-148), or
any amendments made by section 1502(b) of such Act.
Sec. 113.  Except to the extent provided in section 6014,
6020, or 6201(d) of the Internal Revenue Code of 1986, no
funds in this or any other Act shall be available to the
Secretary of the Treasury to provide to any person a proposed
final return or statement for use by such person to satisfy a
filing or reporting requirement under such Code.
enforce Internal Revenue Service Notice 2017-10 with respect
to transactions entered into before January 23, 2017.
be used to finalize, implement, or enforce amendments to
Treasury Regulations proposed in the Notice of Proposed
Rulemaking in the Federal Register on August 4, 2016 (81 Fed.
Reg. 51413) (relating to restrictions on liquidation of an
interest with respect to estate, gift, and generation-
skipping transfer taxes under section 2704 of the Internal
Revenue Code of 1986), or any substantially similar
amendments to such regulations.
be used by the Internal Revenue Service to make a
determination 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 on behalf of (or in opposition to) any
candidate for public office unless--
(1) the Commissioner of Internal Revenue consents to such
determination;
(2) not later than 30 days after such determination, the
Commissioner notifies the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate of such determination; and
(3) such determination is effective with respect to the
church, integrated auxiliary of a church, or convention or
association of churches not earlier than 90 days after the
date of the notification under paragraph (2).
Administrative Provisions--Department of the Treasury
Sec. 117.  Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 118.  Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco
Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate:  Provided, That no transfer under this section may
increase or decrease any such appropriation by more than 2
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
Representatives and the Senate:  Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 120.  None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 121.  The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service-Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection:  Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2018
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2018.
Sec. 125.  Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
Sec. 126.  The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the Senate and the House of Representatives not later than
30 days following the submission of the annual budget
submitted by the President:  Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account:  Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 127. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 128.  Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 129.  During fiscal year 2018--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize
any regulation, revenue ruling, or other guidance not limited
to a particular taxpayer relating to the standard which is
used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes
of section 501(c)(4) of the Internal Revenue Code of 1986
(including the proposed regulations published at 78 Fed. Reg.
71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
may be used to approve, license, facilitate, authorize, or
otherwise allow the use, purchase, trafficking, or import of
property confiscated by the Cuban Government.
(b) In this section, the terms ``confiscated'', ``Cuban
Government'', ``property'', and ``traffic'' have the meanings
given such terms in paragraphs (4), (5), (12)(A), and (13),
respectively, of section 4 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
may be used to authorize a general license or approve a
specific license under section 501.801 or 515.527 of title
31, Code of Federal Regulations, with respect to a mark,
trade name, or commercial name that is the same as or
substantially similar to a mark, trade name, or commercial
that were confiscated unless the original owner of the mark,
trade name, or commercial name, or the bona-fide successor-
in-interest has expressly consented.
(b) In this section, the term ``confiscated'' has a meaning
given such term in section 4(4) of the Cuban Liberty and
6023(4)).
Sec. 132.  Notwithstanding paragraph (2) of section 402(c)
of the Helping Families Save their Homes Act of 2009, in
utilizing funds made available by paragraph (1) of section
402(c) of such Act, the Special Inspector General for the
Troubled Asset Relief Program shall prioritize the
performance of audits or investigations of any program that
is funded in whole or in part by funds appropriated under the
Emergency Economic Stabilization Act of 2008, to the extent
that such priority is consistent with other aspects of the
mission of the Special Inspector General.
available in this Act may be obligated or expended to provide
for the enforcement of any rule, regulation, policy, or
guideline implemented pursuant to the Department of the
Treasury ``Guidance for United States Positions on MDBs
Engaging with Developing Countries on Coal-Fired Power
Generation'' dated October 29, 2013, when enforcement of such
rule, regulation, policy, or guideline would prohibit or have
the effect of prohibiting, the carrying out of 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 from the United States.
This title may be cited as the ``Department of the Treasury
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $55,000,000.
Executive Residence at the White House
For necessary expenses of the Executive Residence at the
White House, $12,917,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary:  Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph:  Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses:  Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended:  Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year:  Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice:  Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717:  Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report:  Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical:  Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $750,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
National Security Council and Homeland Security Council
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $11,800,000.
Office of Administration
For necessary expenses of the Office of Administration,
U.S.C. 107, and hire of passenger motor vehicles,
available until expended for continued modernization of
information resources within the Executive Office of the
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $100,000,000, of which not to exceed
$3,000 shall be available for official representation
expenses:  Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.):  Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees:  Provided further,
That of the funds made available for the Office of Management
and Budget by this Act, no less than three full-time
equivalent senior staff position shall be dedicated solely to
the Office of the Intellectual Property Enforcement
Coordinator:  Provided further, That none of the funds
provided in this or prior Acts shall be used, directly or
indirectly, by the Office of Management and Budget, for
evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through
the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to
the Civil Works water resource planning process:  Provided
further, That the Office of Management and Budget shall have
not more than 60 days in which to perform budgetary policy
reviews of water resource matters on which the Chief of
Engineers has reported:  Provided further, That the Director
of the Office of Management and Budget shall notify the
appropriate authorizing and appropriating committees when the
60-day review is initiated:  Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly.
Office of National Drug Control Policy
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$18,400,000:  Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
federal drug control programs
high intensity drug trafficking areas program
Control Policy's High Intensity Drug Trafficking Areas
Program, $254,000,000, to remain available until September
30, 2019, for drug control activities consistent with the
approved strategy for each of the designated High
Intensity Drug Trafficking Areas (``HIDTAs''), of which not
less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated
not later than 120 days after enactment of this Act:
Provided, That up to 49 percent may be transferred to Federal
agencies and departments in amounts determined by the
Director of the Office of National Drug Control Policy, of
which up to $2,700,000 may be used for auditing services and
associated activities:  Provided further, That,
notwithstanding the requirements of Public Law 106-58, any
unexpended funds obligated prior to fiscal year 2016 may be
used for any other approved activities of that HIDTA, subject
to reprogramming requirements:  Provided further, That each
HIDTA designated as of September 30, 2017, shall be funded at
not less than the fiscal year 2017 base level, unless the
Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for
changes to those levels based on clearly articulated
priorities and published Office of National Drug Control
Policy performance measures of effectiveness:  Provided
further, That the Director shall notify the Committees on
Appropriations of the initial allocation of fiscal year 2018
funding among HIDTAs not later than 45 days after enactment
of this Act, and shall notify the Committees of planned uses
of discretionary HIDTA funding, as determined in consultation
with the HIDTA Directors, not later than 90 days after
enactment of this Act:  Provided further, That upon a
determination that all or part of the funds so transferred
from this appropriation are not necessary for the purposes
provided herein and upon notification to the Committees on
Senate, such amounts may be transferred back to this
appropriation.
other federal drug control programs
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $108,843,000, to remain available until
expended, which shall be available as follows: $91,000,000
for the Drug-Free Communities Program, of which $2,000,000
shall be made available as directed by section 4 of Public
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521
note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,343,000
for the United States membership dues to the World Anti-
Doping Agency; $1,000,000 shall be made available as directed
by section 1105 of Public Law 109-469; and $3,000,000, to
remain available until expended, shall be for activities
authorized by section 103 of Public Law 114-198:  Provided,
That amounts made available under this heading may be
transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$798,000, to remain available until September 30, 2019.
Information Technology Oversight and Reform
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $20,000,000, to remain
available until expended:  Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000:  Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
Sec. 201.  From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the
Vice President.
this section, the Director of the Office of Management and
Budget shall submit a report to the Committees on
on the costs of implementing the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203). Such
report shall include--
(1) the estimated mandatory and discretionary obligations
of funds through fiscal year 2019, by Federal agency and by
fiscal year, including--
(A) the estimated obligations by cost inputs such as rent,
information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate such
estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2019 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to calculate such
estimated collections; and
(B) the specific section of such Act that authorizes the
collection of funds.
Sec. 203. (a) During fiscal year 2018, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2018; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2018.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2018 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2018''.
THE JUDICIARY
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $78,538,000, of which $1,500,000 shall remain
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $15,000,000, to
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $30,592,000.
judge and judges of the court.
United States Court of International Trade
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $18,556,000.
Courts of Appeals, District Courts, and Other Judicial Services
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office
staff, as authorized by law, $5,082,710,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $7,366,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,110,375,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $39,929,000, to remain
available until expended:  Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $574,593,000, of
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $87,920,000,
of which not to exceed $8,500 is authorized for official
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $28,708,000; of which
$1,800,000 shall remain available through September 30, 2019,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
United States Sentencing Commission
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$18,338,000, of which not to exceed $1,000 is authorized for
Administrative Provisions--The Judiciary
Sec. 301.  Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers:  Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States:  Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304.  Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305.  In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the second sentence (relating to the District of
Kansas) following paragraph (12), by striking ``26 years and
6 months'' and inserting ``27 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``24 years and 6 months''
and inserting ``25 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by inserting after ``except in
the case of'' the following: ``the northern district of
Alabama,'';
(2) in the first sentence by inserting after ``the central
district of California'' the following: ``,'';
(3) in the first sentence by striking ``15 years'' and
inserting ``16 years'';
(4) by adding at the end of the first sentence the
following: ``The first vacancy in the office of district
judge in the district of Alabama occurring 15 years or more
after the confirmation date of the judge named to fill the
temporary district judgeship created in that district by this
subsection, shall not be filled.'';
(5) in the third sentence (relating to the central District
of California), by striking ``14 years and 6 months'' and
inserting ``15 years and 6 months''; and
(6) in the fourth sentence (relating to the western
district of North Carolina), by striking ``13 years'' and
inserting ``14 years''.
Sec. 307. (a) Section 2(a)(2)(C)(i) of the Temporary
Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152
note; Public Law 112-121 as amended) is amended by striking
``6 years'' and inserting ``7 years''.
(b) Section 2(a)(2)(D)(i) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public
Law 112-121 as amended) is amended by striking ``6 years''
and inserting ``7 years''.
(c) Section 2(a)(2)(F)(i) of the Temporary Bankruptcy
(d) Section 2(a)(2)(G)(i) of the Temporary Bankruptcy
(e) Section 2(a)(2)(H)(i) of the Temporary Bankruptcy
This title may be cited as the ``Judiciary Appropriations
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $30,000,000, to remain available
until expended:  Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education:  Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's
academic merit, the income and need of eligible students and
such other factors as may be authorized:  Provided further,
That the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year:  Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program:  Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
for these funds showing, by object class, the expenditures
made and the purpose therefor.
federal payment for emergency planning and security costs in the
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $13,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $265,400,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,000,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $121,000,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $71,500,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $58,900,000, to remain available
until September 30, 2019, for capital improvements for
District of Columbia courthouse facilities:  Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies:  Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $6,000,000 of
the funds provided under this heading among the items and
entities funded under this heading:  Provided further, That
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
That not more than $20,000,000 in unobligated funds provided
in this account may be transferred to and merged with funds
made available under the heading "Federal Payment to the
District of Columbia Courts," to be available for the same
period and purposes as funds made available under that
heading for capital improvements to District of Columbia
courthouse facilities:  Provided, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision
of law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $244,298,000, of which
representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which
$180,840,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons; and of which $63,458,000 shall be available
to the Pretrial Services Agency:  Provided, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of
other Federal agencies:  Provided further, That amounts under
this heading may be used for programmatic incentives for
defendants to successfully complete their terms of
supervision.
federal payment to the district of columbia public defender service
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$40,082,000:  Provided, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $1,900,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2019, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $45,000,000, to remain available
until expended, for payments authorized under the Scholarship
for Opportunity and Results Act (division C of Public Law
112-10):  Provided, That, to the extent that funds are
available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships $3,200,000 shall be for the activities specified
in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $435,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth under the heading ``Part A--Summary of
Expenses'' and at the rate set forth under such heading, as
included in D.C. Bill 22-242, as amended as of the date of
the enactment of this Act:  Provided, That notwithstanding
any other provision of law, except as provided in section
450A of the District of Columbia Home Rule Act (section 1-
204.50a, D.C. Official Code), sections 816 and 817 of the
Financial Services and General Government Appropriations Act,
2009 (secs. 47-369.01 and 47-369.02, D.C. Official Code), and
provisions of this Act, the total amount appropriated in this
Act for operating expenses for the District of Columbia for
fiscal year 2018 under this heading shall not exceed the
estimates included in D.C. Bill 22-242, as amended as of the
date of the enactment of this Act, or the sum of the total
revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs:  Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act:  Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning
by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2018,
except that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
This title may be cited as the ``District of Columbia
Administrative Conference of the United States
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,100,000, to remain available until September 30, 2019, of
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $123,000,000.
administrative provisions--consumer product safety commission
Sec. 501.  During fiscal year 2018, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
be used to finalize any rule by the Consumer Product Safety
Commission relating to blade-contact injuries on table saws.
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252; 52 U.S.C. 20901 et seq.),
$7,000,000, of which $1,500,000 shall be transferred to the
National Institute of Standards and Technology for election
reform activities authorized under such Act.
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
That $322,035,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2018 so as to result in a final fiscal year 2018
appropriation estimated at $0:  Provided further, That any
offsetting collections received in excess of $322,035,000 in
fiscal year 2018 shall not be available for obligation:
Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for
collection in each such year and otherwise becoming available
on October 1, 2017, shall not be available for obligation:
Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $111,150,000 for fiscal year 2018:  Provided
further, That, of the amount appropriated under this heading,
not less than $11,020,000 shall be for the salaries and
expenses of the Office of Inspector General.
of 1978, $39,136,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Campaign Act of 1971, $71,250,000, of which
not to exceed $5,000 shall be available for reception and
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, $26,200,000, including services authorized by 5 U.S.C.
3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in
the District of Columbia and elsewhere; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses:  Provided, That public members of
the Federal Service Impasses Panel may be paid travel
expenses and per diem in lieu of subsistence as authorized by
law (5 U.S.C. 5703) for persons employed intermittently in
the Government service, and compensation as authorized by 5
U.S.C. 3109:  Provided further, That, notwithstanding 31
U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall
be credited to and merged with this account, to be available
without further appropriation for the costs of carrying out
these conferences.
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718:  Provided
not to exceed $126,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation:  Provided further, That, notwithstanding any
other provision of law, not to exceed $16,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation:  Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2018, so as to result in a final fiscal year 2018
appropriation from the general fund estimated at not more
than $164,317,000:  Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
Real Property Activities
Federal Buildings Fund
Limitations on Availability of Revenue
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation, and transfer
of space; contractual services incident to cleaning or
servicing buildings, and moving; repair and alteration of
federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $7,864,111,000,
of which--
(1) $0 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services);
(2) $180,000,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $0 is for Major Repairs and Alterations;
(B) $110,000,000 is for Basic Repairs and Alterations;
(C) $70,000,000 is for Special Emphasis Programs of which--
(i) $20,000,000 is for Judiciary Capital Security;
(ii) $30,000,000 is for Fire and Life Safety; and
(iii) $20,000,000 is for Consolidation Activities:
Provided, That consolidation projects result in
reduced annual rent paid by the tenant agency:  Provided
further, That no consolidation project exceed $10,000,000 in
costs:  Provided further, That consolidation projects are
approved by each of the committees specified in section
3307(a) of title 40, United States Code:  Provided further,
That preference is given to consolidation projects that
achieve a utilization rate of 130 usable square feet or less
per person for office space:  Provided further, That the
obligation of funds under this paragraph for consolidation
activities may not be made until 10 days after a proposed
spending plan and explanation for each project to be
undertaken, including estimated savings, has been submitted
Representatives and the Senate:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount:  Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations:  Provided further, That the amounts provided
in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate:  Provided
further, That the difference between the funds appropriated
and expended on any projects in this or any prior Act, under
the heading ``Repairs and Alterations'', may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects:  Provided further, That the
amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,462,345,000 for rental of space to remain available
until expended; and
(4) $2,221,766,000 for building operations to remain
available until expended, of which $1,146,089,000 is for
building services, and $1,075,677,000 is for salaries and
expenses:  Provided, That not to exceed 5 percent of any
appropriation made available under this paragraph for
building operations may be transferred between and merged
with such appropriations upon notification to the Committees
on Appropriations of the House of Representatives and the
Senate, but no such appropriation shall be increased by more
than 5 percent by any such transfers:  Provided further, That
section 521 of this title shall not apply with respect to
funds made available under this heading for building
operations:  Provided further, That the total amount of funds
made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each project for required expenses for the development of
a proposed prospectus:  Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations:  Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide
such reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections:  Provided further, That
revenues and collections and any other sums accruing to this
Fund during fiscal year 2018, excluding reimbursements under
40 U.S.C. 592(b)(2), in excess of the aggregate new
obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
General Activities
Government-wide Policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $53,499,000.
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; and services as authorized by 5 U.S.C. 3109;
$45,645,000, of which $24,357,000 is for Real and Personal
Property Management and Disposal; $21,288,000 is for the
Office of the Administrator, of which not to exceed $7,500 is
Civilian Board of Contract Appeals
for the activities associated with the Civilian Board of
Contract Appeals, $8,795,000.
and service authorized by 5 U.S.C. 3109, $65,000,000:
Provided, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property:  Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
Allowances and Office Staff for Former Presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $4,754,000.
Federal Citizen Services Fund
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and
44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $53,741,000, to be deposited into
the Federal Citizen Services Fund:  Provided, That the
previous amount may be transferred to Federal agencies to
carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall
be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities
electronically: in the aggregate amount not to exceed
$100,000,000:  Provided further, That appropriations,
revenues, reimbursements, and collections accruing to this
Fund during fiscal year 2018 in excess of such amount shall
except as authorized in appropriations Acts:  Provided
further, That any appropriations provided to the Electronic
Government Fund that remain unobligated may be transferred to
the Federal Citizen Services Fund:  Provided further, That
the transfer authorities provided herein shall be in addition
to any other transfer authority provided in this Act.
Asset Proceeds and Space Management Fund
For carrying out the purposes of the Federal Assets Sale
and Transfer Act of 2016 (Public Law 114-287), $10,000,000,
to be deposited into the Asset Proceeds and Space Management
Environmental Review Improvement Fund
For necessary expenses of the Environmental Review
Improvement Fund established under section 41009(d) of the
Fixing America's Surface Transportation Act (42 U.S.C. 4370m-
8(d)), $1,000,000, to remain available until expended.
Administrative Provisions--General Services Administration
(including Rescission and Transfer of Funds)
Sec. 510.  Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 511.  Funds in the Federal Buildings Fund made
available for fiscal year 2018 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements:  Provided,
That any proposed transfers shall be approved in advance by
Representatives and the Senate.
Sec. 512.  Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2019 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 513.  None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 514.  From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 515.  In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area of
procurement is identical to the delineated area included in
the prospectus for all lease agreements, except that, if the
Administrator determines that the delineated area of the
procurement should not be identical to the delineated area
included in the prospectus, the Administrator shall provide
an explanatory statement to each of such committees and the
and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 516.  With respect to each project funded under the
heading ``Major Repairs and Alterations'' or ``Judiciary
Capital Security Program'', and with respect to E-Government
projects funded under the heading ``Federal Citizen Services
Fund'', the Administrator of General Services shall submit a
undertaken to the Committees on Appropriations of the House
of Representatives and the Senate not later than 60 days
after the date of enactment of this Act.
Sec. 517.  Section 16 of the Federal Assets Sale and
Transfer Act of 2016 (Public Law 114-287) is amended--
(1) by inserting the following at the end of subparagraph
(a)(1): ``The Account shall be under the custody and control
of the Chairperson of the Board and deposits in the Account
shall remain available until expended.'';
(2) by striking subparagraph (b)(1) and inserting in lieu
thereof the following: (1) ``ESTABLISHMENT. -- There is
established in the Treasury of the United States an account
to be known as the "Public Buildings Reform Board - Asset
Proceeds and Space Management Fund'' (in this subsection
referred to as the "Fund"). The Fund shall be under the
custody and control of the Administrator of General Services
and deposits in the Fund shall remain available until
Sec. 518.  The unobligated balance of amounts provided for
National Capital Region, FBI Headquarters Consolidation, in
paragraph (1)(A) under the heading ``General Services
Administration--Federal Buildings Fund'' in division E of
Public Law 115-31 is rescinded.
Sec. 519.  The Administrator of General Services shall make
available to the public on the website of the General
Services Administration any draft environmental assessment--
(1) prepared by the Administrator of General Services under
section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)); and
(2) for which the Administrator of General Services has
solicited public comment.
Harry S Truman Scholarship Foundation
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
Merit Systems Protection Board
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $44,490,000,
to remain available until September 30, 2019, and in addition
not to exceed $2,345,000, to remain available until September
30, 2019, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
National Historical Publications and Records Commission
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $4,000,000, to remain available until expended.
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2019, for technical
assistance to low-income designated credit unions.
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $16,439,000.
Office of Personnel Management
(including transfer of trust funds)
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem or subsistence allowances
to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty,
$129,341,000: Provided, That of the total amount made
available under this heading, $18,000,000 shall remain
available until expended for information technology
infrastructure modernization and Trust Fund Federal Financial
System migration or modernization: Provided further, That the
amount made available by the previous proviso may not be
obligated until the Director of the Office of Personnel
Management submits to the Committees on Appropriations of the
Senate and the House of Representatives a plan for
expenditure of such amount, prepared in consultation with the
Director of the Office of Management and Budget, the
Administrator of the United States Digital Service, and the
Secretary of Homeland Security, that--
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control
review requirements established by the Office of Management
and Budget, including Circular A-11;
(3) includes a Major IT Business Case under the
requirements established by the Office of Management and
Budget Exhibit 300;
(4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Government;
(5) complies with all Office of Management and Budget,
Department of Homeland Security and National Institute of
Standards and Technology requirements related to securing the
agency's information system as described in 44 U.S.C. 3554;
(6) is reviewed and commented upon within 90 days of plan
development by the Inspector General of the Office of
Personnel Management, and such comments are submitted to the
Director of the Office of Personnel Management before the
date of such submission:
Provided further, That, not later than 6 months after the
date of enactment of this Act, the Comptroller General shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a report that--
(A) evaluates--
(i) the steps taken by the Office of Personnel Management
to prevent, mitigate, and respond to data breaches involving
sensitive personnel records and information;
(ii) the Office's cybersecurity policies and procedures in
place on the date of enactment of this Act, including
policies and procedures relating to IT best practices such as
data encryption, multifactor authentication, and continuous
monitoring;
(iii) the Office's oversight of contractors providing IT
services; and
(iv) the Office's compliance with government-wide
initiatives to improve cybersecurity; and
(B) sets forth improvements that could be made to assist
the Office of Personnel Management in addressing
cybersecurity challenges:
Provided further, That of the total amount made available
under this heading, $584,000 may be made available for
strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of
such workforce and information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management; and in addition
$131,414,000 for administrative expenses, to be transferred
from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed
materials, for the retirement and insurance programs:
Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to
Executive Order No. 9358 of July 1, 1943, or any successor
unit of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year
2018, accept donations of money, property, and personal
services: Provided further, That such donations, including
those from prior years, may be used for the development of
publicity materials to provide information about the White
House Fellows, except that no such donations shall be
accepted for travel or reimbursement of travel expenses, or
for the salaries of employees of such Commission.
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $5,000,000, and in
addition, not to exceed $25,000,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General:  Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12) as amended by Public Law 107-304, the Whistleblower
Protection Enhancement Act of 2012 (Public Law 112-199), and
the Uniformed Services Employment and Reemployment Rights Act
of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of
Columbia and elsewhere, and hire of passenger motor vehicles;
Postal Regulatory Commission
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435), $15,200,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $8,000,000, to remain available until
Public Buildings Reform Board
For salaries and expenses of the Public Buildings Reform
Board in carrying out the Federal Assets Sale and Transfer
Act of 2016 (Public Law 114-287), $5,000,000, to remain
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$1,652,000,000 to remain available until expended; of which
funding for information technology initiatives shall be
increased over the fiscal year 2017 level by not less than
$50,000,000; of which not less than $14,748,358 shall be for
the Office of Inspector General; of which not to exceed
$75,000 shall be available for a permanent secretariat for
the International Organization of Securities Commissions; of
which not to exceed $100,000 shall be available for expenses
for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence;
Division of Economic and Risk Analysis: In addition, for
costs associated with relocation under a replacement lease
for the Commission's headquarters facilities, not to exceed
For purposes of calculating the fee rate under section 31(j)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j))
for fiscal year 2018, all amounts appropriated under this
heading shall be deemed to be the regular appropriation to
the Commission for fiscal year 2018.  Provided, That fees and
charges authorized by section 31 of the Securities Exchange
Act of 1934 (15 U.S.C. 78ee) shall be credited to this
account as offsetting collections:  Provided further, That
not to exceed $1,652,000,000 of such offsetting collections
shall be available until expended for necessary expenses of
this account and not to exceed $244,507,000 of such
offsetting collections shall be available until September 30,
2019, for costs under this heading associated with relocation
under a replacement lease for the Commission's headquarters
facilities:  Provided further, That the total amount
appropriated under this heading from the general fund for
fiscal year 2018 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2018
than $0:  Provided further, That if any amount of the
appropriation under this heading for costs associated with
relocation under a replacement lease for the Commission's
headquarters facilities is subsequently de-obligated on or
before September 30, 2019, any such amount derived from the
general fund shall be returned to the general fund, and any
such amount derived from fees or assessments collected for
such purpose shall be paid to each national securities
exchange and national securities association, respectively,
in proportion to any fees or assessments paid by such
national securities exchange or national securities
association under such section 31 in fiscal year 2018.
Selective Service System
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $22,900,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense:  Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $265,000,000
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act:  Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations:  Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2018 :  Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2019.
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $211,100,000,
to remain available until September 30, 2019 :  Provided,
That $120,000,000 shall be available to fund grants for
performance in fiscal year 2018 or fiscal year 2019 as
authorized by section 21 of the Small Business Act:  Provided
further, That $31,000,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program:  Provided
further, That $10,000,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)).
of 1978, $19,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain
business loans program account
For the cost of direct loans, $3,438,172, to remain
available until expended:  Provided, That such costs,
1974:  Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2018
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed
$7,500,000,000:  Provided further, That during fiscal year
2018 commitments for general business loans authorized under
section 7(a)
of the Small Business Act shall not exceed $29,000,000,000
for a combination of amortizing term loans and the aggregated
maximum line of credit provided by revolving loans:  Provided
further, That during fiscal year 2018 commitments for loans
authorized under subparagraph (C) of section 502(7) of The
Small Business Investment Act of 1958 (15 U.S.C. 696(7))
shall not exceed $7,500,000,000:  Provided further, That
during fiscal year 2018 commitments to guarantee loans for
debentures under section 303(b) of the Small Business
Investment Act of 1958 shall not exceed $4,000,000,000:
Provided further, That during fiscal year 2018, guarantees of
trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$152,782,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$186,458,000, to be available until expended, of which
$1,000,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; of which $176,458,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; and of which $9,000,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
administrative provisions--small business administration
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
Sec. 521.  Of the unobligated balances available for the
Immediate Disaster Assistance Program authorized by section
42 of the Small Business Act (15 U.S.C. 657n) and the
Expedited Disaster Assistance Loan Program authorized by
section 12085 of Public Law 110-246, $2,600,000 are hereby
as emergency requirements pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That no amounts may be
as being for disaster relief pursuant to section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of
Sec. 522.  Section 7(m)(4)(E) of the Small Business Act (15
U.S.C. 636(m)(4)(E)) is amended by striking ``25 percent''
each place such term appears and inserting ``50 percent''.
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$58,118,000:  Provided, That mail for overseas voting and
mail for the blind shall continue to be free:  Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level:  Provided further,
That none of the funds made available to the Postal Service
by this Act shall be used to implement any rule, regulation,
or policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer:  Provided
further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post
offices.
of 1978, $234,650,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $51,100,000,
of which $500,000 shall remain available until expended:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
GENERAL PROVISIONS--THIS ACT
(including rescission)
Sec. 601.  None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602.  None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such 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. 605.  None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606.  No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607.  No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
Sec. 608.  Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2018, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate:  Provided, That prior to any
significant reorganization or restructuring of offices,
programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of
the House of Representatives and the Senate:  Provided
further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year:  Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of
items of special congressional interest:  Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2018 from
appropriations made available for salaries and expenses for
fiscal year 2018 in this Act, shall remain available through
September 30, 2019, for each such account for the purposes
authorized:  Provided, That a request shall be submitted to
Representatives and the Senate for approval prior to the
expenditure of such funds:  Provided further, That these
requests shall be made in compliance with reprogramming
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611.  The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612.  For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613.  No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614.  The provision of section 613 shall not apply
where 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.  In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616.  Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617.  Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Sec. 620.  In fiscal year 2018 and any fiscal year
thereafter, none of the funds made available in this or any
other Act may be used by the Federal Trade Commission to
complete or publish the study, recommendations, or report
prepared by the Interagency Working Group on Food Marketed to
Children pursuant to the directive described on pages 983 and
984 of the House Appropriations Committee Print of the
explanatory statement accompanying the Omnibus Appropriations
Act, 2009 (Public Law 111-8).
Sec. 621.  None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a
contract to a contractor conducting the final quality review
processes for background investigation fieldwork services or
background investigation support services that, as of the
date of the award of the contract, are being conducted by
that contractor.
Sec. 622. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
Sec. 625.  No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency
covered by this section shall provide its Inspector General
with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the establishment
over which that Inspector General has responsibilities under
the Inspector General Act of 1978. Each Inspector General
covered by this section shall report to the Committees on
within 5 calendar days any failures to comply with this
requirement.
investigations, prosecution, adjudication activities, or
other law enforcement- or victim assistance-related activity.
Sec. 627.  Section 633(a) of title VI of division E of the
Consolidated Appropriations Act, 2017 (Public Law 115-31) is
amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
Sec. 628.  The unobligated balance in the Securities and
Exchange Commission Reserve Fund established by section 991
of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (Public Law 111-203) are permanently rescinded.
shall be used by the Securities and Exchange Commission to
study, develop, propose, finalize, issue, or implement any
rule, regulation, or order regarding the disclosure of
political contributions to tax exempt organizations, or dues
paid to trade associations.
be used to enforce the requirements in section 316(b)(4)(D)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30118(b)(4)(D)) that the solicitation of contributions from
member corporations stockholders and executive or
administrative personnel, and the families of such
stockholders or personnel, by trade associations must be
separately and specifically approved by the member
corporation involved prior to such solicitation, and that
such member corporation does not approve any such
solicitation by more than one such trade association in any
calendar year.
Sec. 631. (1) None of the funds appropriated by this Act
shall be available to pay for an abortion or the
administrative expenses in connection with a multi-State
qualified health plan offered under a contract under section
1334 of the Patient Protection and Affordable Care Act (42
U.S.C. 18054) which provides any benefits or coverage for
abortions.
(2) The provision of paragraph (1) shall not apply where
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.
or otherwise stored, held, or maintained by that service
unless the governmental entity obtains a warrant issued upon
probable cause by a court of competent jurisdiction using the
procedures described in the Federal Rules of Criminal
Sec. 633. (a) No funds made available by this Act shall be
expended on any enforcement action that--
(1) concerns a pyramid promotional scheme other than a
scheme described in subsection (b); and
(2) begins after the date of enactment of this section.
(b) The pyramid promotional scheme described in this
subsection is any plan or operation in which individuals give
consideration for the right to receive compensation that is
primarily based upon recruiting other individuals into such
plan or operation rather than related to the--
(1) sale of products or services to ultimate users; or
(2) consumption by ultimate users.
(c) It is not evidence of a pyramid promotional scheme
described in subsection (b) if participants in the plan or
operation give consideration for the right to receive
compensation based upon purchases of products or services by
participants for personal use, consumption, or resale, as
long as the plan or operation--
(1) does not require inventory loading; and
(2) implements a bona fide inventory repurchase agreement.
(d) For purposes of this section--
(1) the term ``bona fide inventory repurchase agreement''
means a program by which a plan or operation--
(A) promises to repurchase, on commercially reasonable
terms, current and marketable inventory purchased and
maintained by a participant for use, consumption, or resale,
upon request at the termination of the participant's business
relationship with the plan or operation; and
(B) clearly communicates such terms in its recruiting
literature, sales manual, or contracts with participants,
including the manner in which the repurchase is to be
exercised and disclosure of any inventory not eligible for
repurchase under the program;
(2) the term ``commercially reasonable terms'' means, with
respect to a repurchase of current and marketable inventory,
a repurchase within 12 months from the date of purchase at
not less than 90 percent of the original net cost to the
participant, less appropriate set-offs and legal claims, if
(3) the term ``inventory loading'' means a practice in
which a plan or operation--
(A) requires or encourages its participants to purchase
inventory in an amount exceeding that which the participant
can reasonably expect to use, consume, or resell to ultimate
users; and
(B) is not subject to a bona fide inventory repurchase
agreement; and
(4) the term ``ultimate users'' means individuals who
consume or use the products or services, whether or not they
are participants in the plan or operation.
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701.  No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2018 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702.  Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997:  Provided, That these limits
may be exceeded by not to exceed $7,250 for police-type
vehicles:  Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976:  Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles:  Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to
electric, plug-in hybrid electric, and hydrogen fuel cell
Sec. 703.  Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704.  Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States:  Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and
(3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary:  Provided further, That
any payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government:  Provided further, That this section
shall not apply to any person who is an officer or employee
of the Government of the United States on the date of
enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies:  Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705.  Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706.  In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13693
(March 19, 2015), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707.  Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available:  Provided, That in the
event any functions budgeted as
administrative expenses are subsequently transferred to or
paid from other funds, the limitations on administrative
expenses shall be correspondingly reduced.
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709.  None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710.  During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711.  Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the Armed Forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715.  No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
Sec. 717.  None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720.  Notwithstanding 31 U.S.C. 1346 and section 708
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts:  Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives):  Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations,
initiatives, and activities: Provided further, That the funds
transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year
2018 shall remain available for obligation through September
30, 2019:  Provided further, That such transfers or
reimbursements may only be made after 15 days following
notification of the Committees on Appropriations of the House
of Representatives and the Senate by the Director of the
Office of Management and Budget.
Sec. 722.  Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
interagency funding of specific projects, workshops, studies,
and similar efforts to carry
out the purposes of the National Science and Technology
Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science and Technology, and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this
Sec. 724.  Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations:  Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727.  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 sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A;
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 732. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 733.  During fiscal year 2018, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2018,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2018, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2018 , in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2018 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2018 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2017,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2017,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2017.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2018 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code:  Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2017.
Sec. 737. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2018 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2018 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 741. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to: (1) classified information; (2)
communications to Congress; (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority,
or a substantial and specific danger to public health or
safety; or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by controlling Executive orders and
statutory provisions are incorporated into this agreement and
are controlling.'':  Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy
form or agreement that is to be executed by a person
connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain
provisions appropriate to the particular activity for which
such document is to be used. Such form or agreement shall, at
a minimum, require that the person will not disclose any
classified information received in the course of such
activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2014 which does not contain substantially
similar language to that required in subsection (a).
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Sec. 744. (a) During fiscal year 2018, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
any other Act may be used to implement or enforce Executive
Order No. 13690, ``Establishing a Federal Flood Risk
Management Standard and a Process for Further Soliciting and
Considering Stakeholder Input'', including any related rules,
interim final rules, or guidance.
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Sec. 801.  There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802.  None of the Federal funds provided in this Act
shall be used 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. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2018, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2018.
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805.  Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical
Examiner who resides in the District of Columbia and is on
call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807.  None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 808.  Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be
used to enact any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810.  No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended 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 an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2018 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812.  No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
committees of Congress, the Mayor, and the Council for the
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
Sec. 814.  None of the Federal funds appropriated in this
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 815.  Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2018
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2018 in this Act, shall
remain available through September 30, 2019, for each such
account for the purposes authorized:  Provided, That a
request shall be submitted to the Committees on
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
803 of this Act.
Sec. 816. (a)(1) During fiscal year 2019, during a period
in which neither a District of Columbia continuing resolution
or a regular
District of Columbia appropriation bill is in effect, local
funds are appropriated in the amount provided for any project
or activity for which local funds are provided in the Act
referred to in paragraph (2) (subject to any modifications
enacted by the District of Columbia as of the beginning of
the period during which this subsection is in effect) at the
rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2019 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2019 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2019 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2019.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all